Commonwealth: Torres Strait Fisheries Act 1984 (Cth)

Torres Strait Fisheries Act 1984 No. 23, 1984 Compilation No. 32 Compilation date: 14 October 2024 Includes amendments: Act No. 38, 2024 About this compilation This compilation This is a compilation of the Torres Strait Fisheries Act 1984 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part I—Preliminary 1 Short title 2 Commencement 3 Interpretation 4 Protected Zone coastal waters of Queensland 4A Application of the Criminal Code 5 Application of Act in certain waters 6 Extra‑territorial operation 7 Act not to apply to fishing for private purposes from Australian boats Part II—Administration 8 Objectives to be pursued 9 Delegation 10 Registers 11 Investigations 12 Issue of permits for scientific or developmental purposes 13 Minister to seek views of traditional inhabitants Part III—Regulation of fishing 14 Minister may require information to be furnished 15 Proclamations in relation to fishing 15A Management plans 16 Regulation of fishing Part IV—Licences, endorsements and entries 17 Licences may be required for taking fish in the course of community fishing 18 Licences, endorsements, renewals, transfers and entries 19 Commercial fishing and fish receivers licences 20 Endorsements of licences 21 Entries in licences and endorsements 22 Conditions of licences and endorsements 23 Terms of licences 24 Renewal of licences 25 Transfer of licences 25A Variation of licences 26 Suspension and cancellation of licences 27 Fees 27A Exercise of powers by agent etc. Part V—Protected Zone Joint Authority 28 Interpretation 29 Acting Ministers 30 Establishment of Protected Zone Joint Authority 31 Arrangements with Queensland 32 Procedure for making and termination of arrangements 33 Exclusion of this Act in accordance with arrangement 34 Functions of Joint Authority under this Act 35 Powers of Protected Zone Joint Authority 36 Powers of Protected Zone Joint Authority with respect to licences etc. 37 Application of provisions relating to offences 38 Delegation 39 Protected Zone Joint Authority to seek views of traditional inhabitants 40 Procedure of Protected Zone Joint Authority 41 Annual reports Part VI—Enforcement Division 1—Officers' powers 42 Powers of officers 42AA Identity cards 42AB Offence for failure to return identity card 43 Obstruction of officers etc. 43A Use of force to exercise powers 43B Officer etc. not liable to certain actions Division 1A—Search warrants 43C When search warrants can be issued 43D The things that are authorised by a search warrant 43E Availability of assistance and use of force in executing a warrant 43F Copy of warrant to be given to occupier etc. 43G Specific powers available to officer executing warrant 43H Use of equipment to examine or process things 43J Use of electronic equipment at premises 43K Compensation for damage to electronic equipment 43L Copies of seized things to be provided 43M Occupier entitled to be present during search 43N Receipts for things seized under warrant 43P Warrants by telephone or other electronic means Division 2—Offences 44 Contravention of instruments under section 16 45 Offences relating to commercial fishing 46 Court may make certain orders 46AA Offences relating to a fish receiver licence 46A Commercial fishing by foreign boat in territorial sea within an area of Australian jurisdiction—general 46B Commercial fishing by foreign boat in territorial sea within an area of Australian jurisdiction—unlicensed master 46C Commercial fishing by foreign boat in territorial sea within an area of Australian jurisdiction—processing or carrying fish 46D Commercial fishing by foreign boat in territorial sea within an area of Australian jurisdiction—trans‑shipping fish 47 Removing fish from traps etc. 48 Using foreign boat for fishing for private purposes 49 Bringing foreign boats and Papua New Guinea boats into the Australian part of the Protected Zone 49A Bringing foreign boats into territorial sea within an area of Australian jurisdiction 50 Certain boats not to land fish at certain places 51 Having boat equipped for fishing—general 51A Having foreign boat equipped for fishing in territorial sea within an area of Australian jurisdiction Division 3—Forfeiture for offences Subdivision A—Forfeiture by court order 52 Forfeiture of things used in certain offences 52AAA Forfeiture of additional things on forfeited boats 52AAB Forfeited things become the property of the Commonwealth 52AAC Rights and interests of the Commonwealth not limited Subdivision B—Automatic forfeiture of things 52A Forfeiture of things used in certain offences 52AA Forfeiture of additional things on seized boats 52AB Rights and interests of the Commonwealth not limited Subdivision BA—Automatic ownership of things 52AC Fish taken with Commonwealth property 52AD Things on, in or attached to boats 52AE Rights and interests of the Commonwealth not limited Subdivision C—Dealing with things seized 52B Application of this Subdivision 52C Notice of seizure 52D Dealing with thing before it is condemned 52E Thing condemned if not claimed in time 52F Dealing with claim for thing 52G Condemnation of thing if it is claimed 52H Dealing with thing after it is condemned 52HA Evidence Division 4—Dealing with property that has been seized etc. 52I Release of property that has been seized etc. 52J Seizure or forfeiture has effect despite other proceedings Division 5—Ancillary offences and provisions 53 Liability of master of boat 53A Conduct by directors, employees or agents of bodies corporate Division 6—Offence of contravening Papua New Guinea law 54 Offences against Papua New Guinea law Division 7—Provisions relating to detention of suspected illegal foreign fishers 54A Provisions relating to detention of suspected illegal foreign fishers Division 8—Alternative enforcement processes 54B Infringement notices 54C Demerit points system Part VII—Miscellaneous 55 Certain offences to be indictable offences 55A Enforcement of orders for payment 56 Certain prosecutions to require consent of Minister 56A Taking etc. of fish not an offence in certain circumstances 57 Evidence 58 Evidence in proceedings for an offence against section 54 59 Service of notices 60 Regulations Schedule 1—Torres Strait Treaty Schedule 2—Provisions relating to detention of suspected illegal foreign fishers Part 1—Preliminary Division 1—Objects of this Schedule 1 Main objects of this Schedule Division 2—Definitions 2 Definitions Division 3—Appointment etc. of detention officers 3 Minister may appoint persons to be detention officers 4 Detention officers subject to directions 5 Detention officer etc. not liable to certain actions Division 4—Authorisation of officers and detention officers 6 AFMA may authorise officers and detention officers 7 Persons who are authorised officers for purposes of Migration Act 1958 are taken to be authorised for this Schedule Part 2—Detaining suspected illegal foreign fishers Division 1—Initial detention by an officer 8 Power to detain 9 Relationship with Part IC of the Crimes Act 1914 Division 2—Continued detention by a detention officer 10 Detention officer may detain person already detained by officer Division 3—Detention on behalf of an officer or detention officer 11 Detention on behalf of an officer or detention officer Division 4—Moving detainees 12 Power to move detainees Division 5—End of detention 13 End of detention Division 6—Offence of escaping from detention 14 Escape from detention Part 3—Searching and screening detainees and screening their visitors Division 1—Searches of detainees 15 Searches of detainees Division 2—Screening of detainees 16 Power to conduct a screening procedure Division 3—Strip searches of detainees 17 Power to conduct a strip search 18 Rules for conducting a strip search Division 4—Keeping of things found by screening or strip search of detainees 19 Possession and retention of certain things obtained during a screening procedure or strip search 20 Authorised officer may apply for a thing to be retained for a further period 21 Magistrate may order that thing be retained Division 5—Law applying to detainee in State or Territory prison etc. 22 Detainees held in State or Territory prisons or remand centres Division 6—Screening detainees' visitors 23 Powers concerning entry to premises where detainee is detained Part 4—Detainees' rights to facilities for obtaining legal advice etc. 24 Detainee may have access to certain advice, facilities etc. Part 5—Identifying detainees Division 1—Preliminary 25 Definitions 26 Meaning of personal identifier 27 Limiting the types of identification tests that authorised officers may carry out Division 2—Identification of detainees Subdivision A—Provision of personal identifiers 28 Detainees must provide personal identifiers 29 Authorised officers must require and carry out identification tests 30 Information to be provided before carrying out identification tests Subdivision B—How identification tests are carried out 31 General rules for carrying out identification tests 32 Use of force in carrying out identification tests 33 Identification tests not to be carried out in cruel, inhuman or degrading manner etc. 34 Authorised officer may get help to carry out identification tests 35 Identification tests to be carried out by authorised officer of same sex as non‑citizen 36 Independent person to be present 37 Recording of identification tests 38 Retesting Subdivision C—Obligations relating to video recordings of identification tests 39 Definitions 40 Accessing video recordings 41 Authorising access to video recordings 42 Providing video recordings 43 Unauthorised modification of video recordings 44 Unauthorised impairment of video recordings 45 Meanings of unauthorised modification and unauthorised impairment etc. 46 Destroying video recordings Division 3—Identification of minors and incapable persons 47 Minors 48 Incapable persons Division 4—Obligations relating to detainees' identifying information Subdivision A—Preliminary 49 Definitions 50 Application Subdivision B—Accessing identifying information 51 Accessing identifying information 52 Authorising access to identifying information Subdivision C—Disclosing identifying information 53 Disclosing identifying information 54 Authorising disclosure of identifying information to foreign countries etc. Subdivision D—Modifying and impairing identifying information 55 Unauthorised modification of identifying information 56 Unauthorised impairment of identifying information 57 Meanings of unauthorised modification and unauthorised impairment etc. Subdivision E—Retaining identifying information 58 Identifying information may be indefinitely retained Part 6—Disclosure of detainees' personal information 59 Disclosure of detainees' personal information Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act relating to fisheries in certain waters between Australia and the Independent State of Papua New Guinea Part I—Preliminary 1 Short title This Act may be cited as the Torres Strait Fisheries Act 1984. 2 Commencement This Act shall come into operation on a day to be fixed by Proclamation. 3 Interpretation (1) In this Act, unless the contrary intention appears: AFMA means the Australian Fisheries Management Authority. AFMA staff member has the same meaning as in the Fisheries Administration Act 1991. area of Australian jurisdiction means: (a) any area of waters in the Protected Zone (other than an area within the Protected Zone coastal waters of Queensland) to the south of the line described in Annex 8 to the Torres Strait Treaty; (b) if there is in force a Proclamation under subsection 15(1) or (2) in relation to an area of waters—so much of that area of waters as is not within the Protected Zone coastal waters of Queensland; and (c) if there is in force an arrangement under Part V that provides that a particular fishery, being a fishery that is so defined that it is or may be carried on wholly or partly within the Protected Zone coastal waters of Queensland, is to be managed in accordance with the law of the Commonwealth—that part of the Protected Zone coastal waters of Queensland to which the arrangement relates; but does not, except to the extent necessary for the purposes of giving effect to an arrangement of the kind referred to in paragraph (c), include, in relation to any act or thing done for the purposes of fishing for sedentary organisms, any part of the Protected Zone to the north of the line described in Annex 5 to the Torres Strait Treaty. area of Papua New Guinea jurisdiction means any area of waters in the Protected Zone (other than an area within the Protected Zone coastal waters of Queensland) to the north of the line described in Annex 5 to the Torres Strait Treaty, but does not include, in relation to any act or thing done for the purpose of fishing for fish other than sedentary organisms, any area to the south of the line described in Annex 8 to the Torres Strait Treaty. Australian boat means a boat that is not a Papua New Guinea boat and the operations of which are based on a place in Australia and which is wholly owned by a natural person who is a resident of, or by a company incorporated in, Australia, being a boat that: (a) was built in Australia; (b) has been lawfully imported into Australia, otherwise than for a limited period; or (c) has been sold, or otherwise disposed of, in Australia after having been forfeited or distrained under a law of the Commonwealth or of a State or Territory. Australian resident means: (a) a person who holds a permanent visa (as defined in the Migration Act 1958) that is in effect; or (b) a New Zealand citizen who is usually resident in Australia or a Territory and who holds a special category visa (as defined in the Migration Act 1958) that is in effect; or (c) any other person who is usually resident in Australia or a Territory and whose continued presence in Australia or a Territory is not subject to a limitation as to time imposed by law. boat means any kind of vessel used in navigation by water, however propelled or moved, and includes: (a) a barge, lighter or other floating vessel; and (b) an air‑cushion vehicle, or other similar craft, used wholly or primarily in navigation by water. carrying, in relation to fish, includes preserving for the purpose of carriage or storing for that purpose. CEO has the same meaning as in the Fisheries Administration Act 1991. commercial fisher means the holder of a commercial fishing licence. commercial fishing means fishing for commercial purposes, but does not include traditional fishing. commercial fishing licence means a licence that is in force under subsection 19(2) or (4). community fishing means commercial fishing carried on by: (a) a person who is, or 2 or more persons each of whom is, both a traditional inhabitant and an Australian citizen (not being a person who is, in the course of that fishing, under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of another person who is not both an Australian citizen and a traditional inhabitant); or (b) a person or persons of the kind referred to in paragraph (a) and another person or other persons employed by: (i) the first‑mentioned person or persons; or (ii) the Commonwealth, Queensland, an authority of the Commonwealth or an authority of Queensland; to provide the first‑mentioned person or persons with training or advice in relation to fishing techniques. evidential material means a thing relevant to an indictable offence, or a thing relevant to a summary offence, against this Act or the regulations, including such a thing in electronic form. executing officer, in relation to a warrant, means: (a) the officer named in the warrant by the magistrate who issued the warrant as being responsible for executing the warrant; or (b) if the officer so named does not intend to be present at the execution of the warrant—another officer whose name has been written in the warrant by the officer so named; or (c) another officer whose name has been written in the warrant by the officer last named in the warrant. fish means all the natural resources of the sea and seabed, including all swimming species and all sedentary organisms, but does not include cetaceans or minerals. fishing means: (a) searching for, or taking, fish; or (b) attempting to search for, or take, fish; or (c) engaging in any other activities that can reasonably be expected to result in the locating, or taking, of fish; or (d) placing, searching for or recovering fish aggregating devices or associated electronic equipment such as radio beacons; or (e) any operations at sea directly in support of, or in preparation for, any activity described in this definition; or (f) aircraft use relating to any activity described in this definition except flights in emergencies involving the health or safety of crew members or the safety of a boat; or (g) the processing, carrying or transhipping of fish that have been taken. fish receiver licence means a licence that is in force under subsection 19(4B). foreign boat means a boat other than an Australian boat or a Papua New Guinea boat. master, in relation to a boat, means the person in charge or command of the boat. master fisherman's licence means a licence granted under subsection 19(1). offence against this Act includes an offence against section 136.1, 137.1, 137.2, 148.1, 148.2, 147.1 or 149.1 of the Criminal Code that relates to this Act. officer means: (a) a person, or a person included in a class of persons, authorised under subsection (4) to perform duties under this Act; (b) a member of the Defence Force; or (c) a member or special member of the Australian Federal Police or a member of the Police Force of Queensland; or (d) an officer of Customs (as defined in the Customs Act 1901). Papua New Guinea boat means: (a) a boat in respect of which a Papua New Guinea licence is in force; or (b) a boat that is being used by a traditional inhabitant who is a citizen of Papua New Guinea in the course of traditional fishing. Papua New Guinea licence means a licence in force under the laws of Papua New Guinea in respect of a boat, being a licence granted pursuant to the Torres Strait Treaty that authorises the use of the boat for commercial fishing in an area of Papua New Guinea jurisdiction (whether or not the licence also authorises the use of the boat for fishing in any other area). Papua New Guinea Minister means the Minister of the Government of Papua New Guinea for the time being administering the laws of Papua New Guinea relating to fishing in and in the vicinity of the Protected Zone, and includes a delegate of that Minister. PPSA security interest (short for Personal Property Securities Act security interest) means a security interest within the meaning of the Personal Property Securities Act 2009 and to which that Act applies, other than a transitional security interest within the meaning of that Act. Note 1: The Personal Property Securities Act 2009 applies to certain security interests in personal property. See the following provisions of that Act: (a) section 8 (interests to which the Act does not apply); (b) section 12 (meaning of security interest); (c) Chapter 9 (transitional provisions). Note 2: For the meaning of transitional security interest, see section 308 of the Personal Property Securities Act 2009. premises includes any land, place, vehicle, vessel or aircraft. private purposes means purposes other than commercial purposes or scientific purposes. processing, in relation to fish, includes the cutting up, dismembering, cleaning, sorting or packing of the fish. Protected Zone means the area the boundaries of which are described in Annex 9 to the Torres Strait Treaty, and includes: (a) in relation to any act or thing done for the purposes of commercial fishing—any area adjacent to the first‑mentioned area and to the north of the line described in Annex 5 to the Torres Strait Treaty, being an area that is, under the laws of Papua New Guinea, declared to be an area that is outside but near the Protected Zone for the purposes of commercial fishing; and (b) in relation to any act or thing done for the purposes of traditional fishing—any area adjacent to the first‑mentioned area and to the north of the line described in Annex 5 to the Torres Strait Treaty, being an area that is, under the laws of Papua New Guinea, declared to be an area that is in the vicinity of the Protected Zone for the purposes of traditional fishing. sedentary organism means any species of marine organism that, at the harvestable stage, is: (a) immobile on or under the seabed; or (b) unable to move except in constant physical contact with the seabed or the subsoil. take includes catch or capture. territorial sea, in relation to Australia, has the same meaning as in Division 1 of Part II of the Seas and Submerged Lands Act 1973. Torres Strait Treaty means the Treaty between Australia and the Independent State of Papua New Guinea concerning sovereignty and maritime boundaries in the area between the two countries, including the area known as the Torres Strait, and related matters that was signed at Sydney on 18 December 1978, being the treaty a copy of which, apart from Annexes 2, 4, 6 and 7 to that treaty, is set out in the Schedule. traditional fishing has the same meaning as in the Torres Strait Treaty, but does not include fishing by a method, or with the use of equipment or a boat, of a kind specified in an instrument in force under subsection (2). traditional inhabitant means: (a) a person covered by the definition of traditional inhabitants in Article 1 of the Torres Strait Treaty (as affected by subsection (3)); or (b) a person prescribed by the regulations. Treaty endorsement means an endorsement of a Papua New Guinea licence made under subsection 20(1). warrant premises means premises in relation to which a warrant is in force. (2) The Minister may, by legislative instrument, declare that the taking by traditional inhabitants of fish by a method, or with the use of equipment or a boat, of a kind specified in the instrument is not traditional fishing. (3) For the purposes of this Act: (a) the reference in the definition of traditional inhabitants in Article 1 of the Torres Strait Treaty to the adjacent coastal area of Australia shall be read as a reference to any area adjacent to the Protected Zone and to the south of the line described in Annex 5 to the Torres Strait Treaty that is declared by the Minister, by legislative instrument, to be part of the adjacent coastal area of Australia; and (b) the reference in that definition in that Article to the adjacent coastal area of Papua New Guinea shall be read as a reference to any area adjacent to the Protected Zone and to the north of the line described in Annex 5 to the Torres Strait Treaty that is declared by the Minister, by legislative instrument, to be part of the adjacent coastal area of Papua New Guinea. (4) The Minister may, by writing under his or her hand: (a) authorise a person, or a person included in a specified class of persons, being a person who is: (i) an officer or employee of the Commonwealth or an officer or employee of an authority of the Commonwealth or of a Territory; or (ii) an officer or employee of Queensland or of an authority of Queensland; to perform duties under this Act; or (b) authorise a person nominated by the Papua New Guinea Minister to perform duties under this Act. (5) References in this Act to activities carried on for private purposes or to fishing for private purposes shall be read as not including references to activities carried on in the course of traditional fishing. (6) References in this Act to the holder of a Treaty endorsement shall be read as references to the holder of the Papua New Guinea licence in respect of which the Treaty endorsement was made. 4 Protected Zone coastal waters of Queensland (1) For the purposes of this Act, the Protected Zone coastal waters of Queensland are: (a) the parts of the territorial sea of Australia that are adjacent to Queensland and are: (i) in the Protected Zone; or (ii) in an area in respect of which a Proclamation is in force under subsection 15(1) or (2); other than any part referred to in subsection (2) of this section; and (b) any marine or tidal waters that are on the landward side of any part of the territorial sea of Australia referred to in paragraph (a) but are not within the limits of Queensland. (2) If at any time the breadth of the territorial sea of Australia is determined or declared to be greater than 3 nautical miles, the Protected Zone coastal waters of Queensland do not include, for the purposes of this Act, any part of the territorial sea of Australia that would not be within the limits of that territorial sea if the breadth of that territorial sea had continued to be 3 nautical miles. 4A Application of the Criminal Code Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences against this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 5 Application of Act in certain waters (1) Subject to subsection (2), nothing in this Act affects any activities by way of fishing within the Protected Zone coastal waters of Queensland. (2) Where there is in force an arrangement under Part V that provides that a particular fishery, being a fishery that is so defined that it is or may be carried on wholly or partly within the Protected Zone coastal waters of Queensland, is to be managed in accordance with the law of the Commonwealth, this Act applies to and in relation to those waters to the extent necessary for the purposes of the management of that fishery. (3) Where there is in force a Proclamation under subsection 15(1) in relation to an area (in this subsection referred to as the relevant area) in relation to a class of activities by way of commercial fishing, this Act does not apply in relation to any activities carried on in the relevant area other than: (a) activities included in the class of activities specified in the Proclamation; or (b) if there is in force a Proclamation under subsection 15(2) in relation to an area, being an area that is the same as, or that is part of or includes part of, the relevant area—activities to which this Act applies by virtue of the last‑mentioned Proclamation. (4) Where there is in force a Proclamation under subsection 15(2) in relation to an area (in this subsection referred to as the relevant area), this Act does not apply in relation to any activities carried on in the relevant area other than: (a) activities by way of traditional fishing; or (b) if there is in force a Proclamation under subsection 15(1) in relation to an area, being an area that is the same as, or that is part of or includes part of, the relevant area—activities to which this Act applies by virtue of the last‑mentioned Proclamation. 6 Extra‑territorial operation This Act has extra‑territorial operation according to its tenor. 7 Act not to apply to fishing for private purposes from Australian boats Nothing in this Act applies in relation to activities carried on for private purposes with the use of an Australian boat. Part II—Administration 8 Objectives to be pursued In the administration of this Act, regard shall be had to the rights and obligations conferred on Australia by the Torres Strait Treaty and in particular to the following management priorities: (a) to acknowledge and protect the traditional way of life and livelihood of traditional inhabitants, including their rights in relation to traditional fishing; (b) to protect and preserve the marine environment and indigenous fauna and flora in and in the vicinity of the Protected Zone; (c) to adopt conservation measures necessary for the conservation of a species in such a way as to minimise any restrictive effects of the measures on traditional fishing; (d) to administer the provisions of Part 5 of the Torres Strait Treaty (relating to commercial fisheries) so as not to prejudice the achievement of the purposes of Part 4 of the Torres Strait Treaty in regard to traditional fishing; (e) to manage commercial fisheries for optimum utilisation; (f) to share the allowable catch of relevant Protected Zone commercial fisheries with Papua New Guinea in accordance with the Torres Strait Treaty; (g) to have regard, in developing and implementing licensing policy, to the desirability of promoting economic development in the Torres Strait area and employment opportunities for traditional inhabitants. 9 Delegation (1) The Minister may, by writing signed by him or her, delegate any or all of his or her functions or powers under this Act, other than his or her powers under subsection 3(3) or section 14, 15A, 16 or 17, to: (a) an APS employee in the Department; or (b) an AFMA staff member; or (c) a person from time to time holding, or performing the duties of, a specified office in the service of Queensland or an authority of Queensland or under the law of Queensland; or (d) an APS employee in the TSRA. Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901. (2) In performing functions and exercising powers under the delegation, the delegate must comply with any directions of the Minister. Note: See sections 34AA to 34A of the Acts Interpretation Act 1901. 10 Registers (1) The Minister shall cause to be kept registers at such place or places as the Minister thinks fit. (2) The registers must show particulars of: (a) licences and Treaty endorsements in force from time to time under this Act; and (b) the allocation of units of fishing capacity (within the meaning or paragraph 15A(6)(a)) from time to time under this Act. (3) The Minister may cause the contents of part or all of the Register to be made available to the public by electronic or other means. 11 Investigations (1) The Minister may cause operations to be carried out: (a) for ascertaining whether fishing in an area of Australian jurisdiction can be engaged in on a commercial basis; or (b) for the development of any class of activities by way of fishing in areas of Australian jurisdiction. (2) The Minister may cause investigations to be made: (a) into economic matters relating to any class of activities by way of fishing in an area of Australian jurisdiction; or (b) into the stocks of fish in an area of Australian jurisdiction. 12 Issue of permits for scientific or developmental purposes (1) The Minister may, in his or her discretion, grant a permit to a person authorising that person to engage, for scientific or developmental purposes, in such activities by way of fishing in an area of Australian jurisdiction as are specified in the permit. (2) The holder of a permit in force under subsection (1) or a person acting on behalf of the holder of such a permit does not commit an offence against this Act by reason of anything done by him or her that is authorised by the permit to be done by the holder of the permit. (3) A permit granted under subsection (1) is subject to such conditions as are specified in the permit. (4) The Minister may, in his or her discretion, by notice in writing given to the holder of a permit in force under this section: (a) revoke the permit; or (b) vary or revoke the conditions to which the permit is subject or specify further conditions to which the permit is to be subject. (5) Without limiting subsection (1), the activities authorised by a permit granted under that subsection for developmental purposes may include the following: (a) assessing the commercial viability of a fishery; (b) assessing the commercial viability of kinds of fishing activities, boats or equipment specified in the permit. 13 Minister to seek views of traditional inhabitants The Minister shall, when he or she considers it appropriate to do so, seek the views of the members of the Joint Advisory Council established under Article 19 of the Torres Strait Treaty who are traditional inhabitants and Australian citizens on any matter relating to the administration of this Act that may affect the interests of traditional inhabitants who are Australian citizens. Part III—Regulation of fishing 14 Minister may require information to be furnished (1) The Minister may, by legislative instrument, require the master of any boat that is being used to take fish included in a class of fish specified in the instrument in the course of commercial fishing (other than community fishing), in any area of Australian jurisdiction or in an area of Australian jurisdiction specified in the instrument, to furnish to the Minister, at such times as are and in such manner as is specified in the instrument, information relating to the taking, in the course of that fishing, of fish of that kind with the use of the boat. (1A) The Minister may, by legislative instrument, require the holder of a licence in force under subsection 19(4A) that authorises the taking of fish included in a class of fish specified in the instrument in the course of commercial fishing (other than community fishing) without the use of a boat, in any area of Australian jurisdiction or in an area of Australian jurisdiction specified in the instrument, to furnish to the Minister, at such times as are and in such manner as is specified in the instrument, information relating to the taking, in the course of that fishing, of fish of that kind. (2) The Minister may, by legislative instrument, require the master of: (a) any Australian boat; or (b) any foreign boat in respect of which a licence is in force under section 19; that is being used to take fish included in a class of fish specified in the instrument in the course of commercial fishing (other than community fishing), in any area of Papua New Guinea jurisdiction or in an area of Papua New Guinea jurisdiction specified in the instrument, to furnish to the Minister, at such times as are and in such manner as is specified in the instrument, information relating to the taking, in the course of that fishing, of fish of that kind with the use of the boat. (2A) The Minister may, by legislative instrument, require, at such time and in such manner as is specified in the instrument: (a) the person who is the master of any boat in respect of which a licence is in force under section 19, or of any such boat that is included in a class of boats specified in the instrument, to notify the Minister of: (i) where the boat is in an area of Australian jurisdiction at the time at which the instrument comes into force—the fact that the person is the master of the boat and that the boat is in the area of Australian jurisdiction; and (ii) where the boat enters or leaves an area of Australian jurisdiction (regardless of its location at the time at which the instrument comes into force)—the fact that the person is the master of the boat and that the boat has entered or left the area of Australian jurisdiction; and (b) a person who becomes or ceases to be the master of a boat to which the instrument relates at a time when the boat is in an area of Australian jurisdiction to notify the Minister of the fact that the person has become or ceased to be the master of the boat. (3) The Minister may, by legislative instrument, require a relevant person who: (a) takes delivery of fish included in a class of fish specified in the instrument from another person; and (b) knows, or has reasonable grounds to believe, that the other person is both a traditional inhabitant and an Australian citizen; to furnish to the Minister, at such time and in such manner as is specified in the instrument, information relating to the quantity of fish so delivered. (4) In subsection (3): Protected Zone includes any area referred to in paragraph (a) of the definition of Protected Zone in subsection 3(1). relevant person means a person: (a) who is not both a traditional inhabitant and an Australian citizen; and (b) who is: (i) the master of, or a person on board, a boat; (ii) the pilot of, or a person on board, an aircraft; or (iii) the operator of a fish processing facility that is in Australia. (6) Where there is in force an instrument under subsection (1) in relation to any fish, the Minister may, by legislative instrument, prohibit the taking, in the course of commercial fishing (other than community fishing), from the area in relation to which the first‑mentioned instrument has effect, of fish of that kind with the use of a boat of any one or more of the following kinds, namely, an Australian boat, a Papua New Guinea boat or a foreign boat. (6A) Where there is in force an instrument under subsection (1A) in relation to any fish, the Minister may, by legislative instrument, prohibit the taking, in the course of commercial fishing (other than community fishing) without the use of a boat, from the area in relation to which the first‑mentioned instrument has effect, of fish of that kind. (7) Where there is in force an instrument under subsection (2) in relation to any fish, the Minister may, by legislative instrument, prohibit the taking, in the course of commercial fishing (other than community fishing), from the area in relation to which the first‑mentioned instrument has effect, of fish of that kind with the use of an Australian boat or with the use of a foreign boat in respect of which a licence is in force under section 19. (8) Where there is in force an instrument under subsection (3) in relation to any fish, the Minister may, by legislative instrument, prohibit the taking, in the course of community fishing, from the area in relation to which the first‑mentioned instrument has effect, of fish of that kind. (9) An instrument under subsection (1), (1A), (2), (2A) or (3) comes into force on the day specified for the purpose in the instrument, being a day not earlier than one month after the making of the instrument. (10) An instrument under subsection (6), (6A), (7) or (8) comes into force on the day specified for the purpose in the instrument, being a day not earlier than 7 days after the making of the instrument and continues to be in force until the instrument is revoked or until the next anniversary of the day on which the instrument under subsection (1), (2) or (3) to which the first‑mentioned instrument relates came into force, whichever first occurs. (11) The Minister shall cause the contents of an instrument under this section to be published or broadcast in such manner as is prescribed. (12) A person who refuses or fails to provide information required by an instrument under subsection (1), (1A), (2), (2A) or (3) to be provided by that person in the manner that the information is required by the instrument to be provided commits an offence punishable, on conviction, by a fine not exceeding 50 penalty units. (12A) An offence under subsection (12) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (13) A person who, in purported compliance with an instrument under subsection (1), (1A), (2), (2A) or (3), provides information that is, to his or her knowledge, false or misleading in a material particular, commits an offence punishable, on conviction, by a fine not exceeding 50 penalty units or imprisonment for 2 years, or both. (14) A person who takes fish in contravention of an instrument in force under subsection (6), (6A), (7) or (8) commits an offence punishable, on conviction, by a fine not exceeding: (a) if the person is a natural person—50 penalty units; or (b) if the person is a body corporate—250 penalty units. (14AA) An offence under subsection (14) is an offence of strict liability. Note: For strict liability, see section 6.1 of the Criminal Code. (14A) A person who purchases fish that the person knows have been taken in contravention of an instrument in force under subsection (6), (6A) or (7) commits an offence punishable, on conviction, by a fine not exceeding: (a) if the person is a natural person—50 penalty units; or (b) if the person is a body corporate—250 penalty units. 15 Proclamations in relation to fishing (1) The Governor‑General may, by Proclamation, declare an area of waters specified in the Proclamation that is adjacent to the Protected Zone and to the south of the line described in Annex 5 to the Torres Strait Treaty to be an area outside but near the Protected Zone for the purposes of the performance, in the course of commercial fishing, of any activity that is included in a class of activities by way of commercial fishing specified in the Proclamation. (2) The Governor‑General may, if he or she is satisfied that traditional inhabitants who are citizens of Papua New Guinea had, before the entry into force of the Torres Strait Treaty, customarily engaged in traditional fishing in an area of waters adjacent to the Protected Zone and to the south of the line described in Annex 5 to the Torres Strait Treaty, by Proclamation, declare that area to be an area in the vicinity of the Protected Zone for the purposes of this Act. (3) The Governor‑General shall not make a Proclamation under subsection (1) or (2) in relation to an area that is wholly or partly within the coastal waters of Queensland unless the Governor‑General is satisfied that the Minister and the Queensland Minister have agreed that the Proclamation be made in relation to that area. (4) In subsection (3): coastal waters of Queensland means: (a) the parts of the territorial sea of Australia that are adjacent to Queensland, other than any part referred to in subsection 4(2); and (b) any marine or tidal waters that are on the landward side of any part of the territorial sea of Australia referred to in paragraph (a) but are not within the limits of Queensland. Queensland Minister has the same meaning as in Part V. 15A Management plans (1) The Minister may, by legislative instrument, determine a plan of management for a fishery in an area of Australian jurisdiction. (2) A plan of management for a fishery must set out: (a) the objectives of the plan of management; and (b) measures by which the objectives are to be attained; and (c) performance criteria against which, and time frames within which, the measures taken under the plan of management may be assessed. (2A) The objectives to be set out under paragraph (2)(a) must be consistent with, but are not limited to, the objectives set out in section 8. (3) Subsections (4), (5) and (6) do not limit, by implication, the matters required by subsection (2) to be set out in a plan of management for a fishery. (4) The Minister may, in a plan of management for a fishery: (a) determine the manner in which the fishing capacity of the fishery is to be measured; and (b) provide for the periodic determination of the fishing capacity, measured in that manner, permitted for the fishery. (5) A plan of management for a fishery may make provision for and in relation to the following in respect of the fishery: (a) the granting of permits under section 12; (b) the conditions to which permits granted under section 12 are to be subject; (c) the duration, renewal, variation and revocation of permits granted under section 12; (d) the making of instruments under section 14; (e) the making of instruments under section 16; (f) the making of declarations under section 17; (g) the granting of licences under section 19; (h) the conditions to which licences granted under section 19 are to be subject; (i) the duration, transfer, renewal and variation of licences granted under section 19; (j) the making of Treaty endorsements under section 20; (k) the conditions to which Treaty endorsements made under section 20 are to be subject; (l) the duration, transfer, renewal, variation and revocation of Treaty endorsements made under section 20; (m) the making of entries under section 21 in licences or Treaty endorsements; (n) the suspension, variation and revocation of entries made under section 21 in licences or Treaty endorsements. (6) If a plan of management for a fishery provides for the determination of the fishing capacity permitted for the fishery, the plan of management may make provision for and in relation to the following: (a) the division of the fishing capacity, or a part of the fishing capacity, permitted for the fishery into units (the units of fishing capacity); (b) the allocation to holders of licences under section 19 or other persons of units of fishing capacity in the fishery; (c) the assignment of units of fishing capacity to boats, and the holding, and cessation of holding, of units of fishing capacity in relation to boats; (d) requiring units of fishing capacity to be held in relation to boats; (e) the determination of the number of units of fishing capacity to be held in relation to boats; (f) the holding of units of fishing capacity that are not assigned to a boat, including the number of such units of fishing capacity that may be held by a person and the period during which such units of fishing capacity may be held; (g) the duration, variation, re‑assignment, transfer, surrender, replacement, renewal of allocation, suspension and cancellation of units of fishing capacity; (ga) the translation of units of fishing capacity into catch or use entitlements, and the transfer of these entitlements; (h) the recording on a register kept under section 10 of the allocation, assignment, holding, cessation of holding, variation, re‑assignment, transfer, surrender, replacement, renewal of allocation, suspension and cancellation of units of fishing capacity and the manner in which such recording is to be evidenced, including the issue, recall and replacement of certificates and other documents evidencing such recording; (ha) the recording on a register kept under section 10 of the catch or use entitlements applying to particular units of fishing capacity; (i) the reconsideration of decisions made under the plan of management. (7) The prescribed fees (if any) are payable in respect of the allocation, assignment, variation, re‑assignment, transfer, replacement, and renewal of allocation, of units of fishing capacity and the issue and replacement of certificates and other documents evidencing the recording of the allocation, assignment, holding, cessation of holding, variation, re‑assignment, transfer, replacement, and renewal of allocation, of units of fishing capacity. (8) Regulations made for the purposes of subsection (7) may state different fees, or prescribe different methods of calculating fees, in respect of units of fishing capacity included in different classes of units of fishing capacity. (9) While a plan of management is in force for a fishery, the performance of functions and the exercise of powers under this Act in relation to the fishery must be in accordance with the plan of management, and not otherwise. (10) In the performance of functions and the exercise of powers generally under this Act, regard must be had to the effects, either direct or indirect, that the performance of the functions and exercise of the powers may have in relation to any plan or plans of management. (11) Without limiting the matters by reference to which a fishery may be identified in a plan of management, those matters include all or any of the following: (a) a species of fish; (b) a description of fish by reference to sex or any other characteristic; (c) an area of waters or of seabed; (d) a method of fishing; (e) a class of boats; (f) a class of persons; (g) a purpose of activities. (13) In this section: decision has the same meaning as in the Administrative Review Tribunal Act 2024. fishery means a class of activities by way of fishing, being a class of such activities that is identified in a plan of management as a fishery to which the plan of management applies. 16 Regulation of fishing (1) Subject to this section, the Minister may, by legislative instrument: (a) prohibit the taking, processing or carrying of fish, or fish included in a class of fish specified in the instrument; or (b) prohibit the taking, processing or carrying of fish included in a class of fish specified in the instrument that: (i) are less than a size or weight specified in the instrument; or (ii) have a dimension less than a dimension specified in the instrument; or (iii) have a part with a dimension or weight less than a dimension or weight specified in the instrument in relation to that part; or (iv) are greater than a size or weight specified in the instrument; or (v) have a dimension greater than a dimension specified in the instrument; or (vi) have a part with a dimension or weight greater than a dimension or weight specified in the instrument in relation to that part; or (c) prohibit the taking, processing or carrying of fish, or fish included in a class of fish specified in the instrument, by a method, or with the use of equipment or a boat, of a kind specified in the instrument; or (d) prohibit the taking, processing, carrying or storage, in the course of community fishing, of fish, or fish included in a class of fish specified in the instrument, with the use of equipment, a boat or land facilities owned by, or under the control of, persons other than persons who are included in a class of persons specified in the instrument; or (e) prohibit the taking, processing or carrying, in the course of commercial fishing, of fish, or fish included in a class of fish specified in the instrument, with the use of an Australian boat, a Papua New Guinea boat or foreign boat; or (f) prohibit a person from using or having in his or her possession or under his or her control, on a boat, a quantity of equipment, in the course of commercial fishing, of a specified kind that is in excess of a quantity specified in, or ascertainable as provided by, the instrument; or (g) prohibit a person from using, or having in his or her possession or under his or her control on a boat, in the course of commercial fishing, equipment of a kind specified in an instrument in force under paragraph (f) unless that equipment is registered, or there is a licence in force in respect of that equipment, under the law of Queensland or of Papua New Guinea; or (ga) prohibit the taking, processing or carrying of fish, or fish included in a class of fish specified in the instrument, in the course of commercial fishing without the use of a boat; or (gb) prohibit a person from using, or having in his or her possession or under his or her control, in the course of commercial fishing without the use of a boat, a quantity of equipment of a specified kind that is in excess of a quantity specified in, or ascertainable as provided by, the instrument; or (gc) prohibit a person from using, or having in his or her possession or under his or her control, in the course of commercial fishing without the use of a boat, equipment of a kind specified in an instrument in force under paragraph (gb) unless that equipment is registered, or there is a licence in force in respect of that equipment, under the law of Queensland or of Papua New Guinea; or (h) prohibit the taking of eggs of reptiles included in a class of reptiles specified in the instrument; or (j) prohibit the carrying away, from an area specified in the instrument, of sedentary organisms included in a class of sedentary organisms specified in the instrument unless those organisms are dead; or (k) prohibit the master of a boat that is included in a class of boats specified in the instrument from having on board the boat a number of persons greater than a number specified in, or ascertainable as provided by, the instrument for the purpose of engaging in specified activities by way of commercial fishing; or (m) prohibit the taking of fish, or fish included in a class of fish specified in the instrument, otherwise than in the course of community fishing or traditional fishing; or (n) where there is an instrument in force under paragraph (m) in relation to fish of a certain kind, prohibit the processing of fish of that kind in an area of Australian jurisdiction or in an area declared under subsection 3(3) to be part of the adjacent coastal area of Australia otherwise than in the course of community fishing or traditional fishing; or (o) prohibit a person from having in his or her possession or under his or her control on a boat, equipment of a kind specified in the instrument for taking, processing or carrying fish unless that equipment is stowed and secured, or carried, in a manner specified in the instrument; or (p) prohibit a person from using or having in the possession or under the control of the person, on a boat, equipment of a kind specified in the instrument for taking fish unless that equipment is marked or otherwise identified in a manner specified in the instrument. (1A) An instrument under subsection (1) may do all or any of the following: (a) contain prohibitions under 2 or more paragraphs of that subsection; (b) specify the day on which the prohibition or a particular prohibition contained in the instrument is to come into force (whether the same as, or different from, a day specified under this paragraph in relation to any other prohibition that may be contained in the instrument); (c) specify the period during which the prohibition or a particular prohibition contained in the instrument is to have effect (whether the same as, or different from, a period specified under this paragraph in relation to any other prohibition that may be contained in the instrument); (d) provide for exemptions from the prohibition or prohibitions contained in the instrument. (2) A prohibition contained in an instrument under subsection (1) (other than paragraph (1)(d) or (n)) has effect: (a) if an area of Australian jurisdiction is specified in the instrument as being the area in respect of which the prohibition is to have effect—in that area; and (b) in any other case—in any area of Australian jurisdiction. (3) A prohibition contained in an instrument under paragraph (1)(d) or (n) has effect: (a) if an area of Australian jurisdiction is specified in the instrument as being the area in respect of which the prohibition is to have effect—in that area; and (b) if any area of land in Australia is specified in the instrument as being an area in respect of which the prohibition is to have effect—in that area. (4) A prohibition contained in an instrument under subsection (1) comes into force on the day on which the instrument is published under subsection (9) or on such later day as is specified in the instrument. (5) A prohibition contained in an instrument under subsection (1) has effect: (a) if a period is specified in the instrument as being the period during which the prohibition is to have effect—during that period; or (b) in any other case—at all times. (7) An instrument under subsection (1) may provide that the activities to which a prohibition contained in the instrument relates are activities in respect of which an entry may be made under subsection 21(1) or (1A). (7A) Where: (a) an instrument (the subsequent instrument) under subsection (1) revokes a previous instrument under that subsection; and (b) the subsequent instrument provides that the activities to which a prohibition contained in the subsequent instrument relates are activities in respect of which an entry may be made under subsection 21(1); the subsequent instrument may also provide that entries made under subsection 21(1) that would, but for the revocation of the previous instrument, have had effect in relation to a specified prohibition contained in the previous instrument during any period or periods after the revocation are to have effect during that period or those periods in relation to the prohibition contained in the subsequent instrument. (8) Where: (a) an instrument under subsection (1) provides that the activities to which a prohibition contained in the instrument relates are activities in respect of which an entry may be made under subsection 21(1); and (b) an entry is made pursuant to subsection 21(1) in a licence granted under subsection 19(2) or (3) or in a Treaty endorsement in force in respect of a boat; the prohibition does not apply in relation to the use of the boat during any period during which the entry has effect. (8AA) Where: (a) an instrument under subsection (1) provides that the activities to which a prohibition contained in the instrument relates are activities in respect of which an entry may be made under subsection 21(1A); and (b) an entry is made pursuant to subsection 21(1A) in a licence granted under subsection 19(4A) authorising activities in the course of commercial fishing without the use of a boat; the prohibition does not apply in relation to authorised activities engaged in under the licence during any period in which the entry has effect. (8A) Where an instrument makes provision as mentioned in subsection (7A), the entries referred to in the instrument have effect in accordance with the instrument. (9) The Minister shall cause the contents of an instrument under subsection (1) to be published or broadcast in such manner as is prescribed. Part IV—Licences, endorsements and entries 17 Licences may be required for taking fish in the course of community fishing (1AA) The Minister may, by legislative instrument, declare that a person must hold a master fisherman's licence if: (a) the person is in charge of a boat, or of a boat included in a class of boats specified in the instrument; and (b) the boat is being used for the purpose of the taking, in the course of community fishing, of fish, or fish included in a class of fish specified in the instrument, from any area of Australian jurisdiction or from an area of Australian jurisdiction specified in the instrument. (1) The Minister may, by legislative instrument, declare that a licence under subsection 19(2) is required for the purpose of the taking, in the course of community fishing, of fish, or fish included in a class of fish specified in the instrument, with the use of any boat or with the use of a boat included in a class of boats specified in the instrument, from any area of Australian jurisdiction or from an area of Australian jurisdiction specified in the instrument. (1A) The Minister may, by legislative instrument, declare that a licence under subsection 19(4A) is required for the purpose of the taking, in the course of community fishing without the use of a boat, of fish, or fish included in a class of fish specified in the instrument, from any area of Australian jurisdiction or from an area of Australian jurisdiction specified in the instrument. (2) An instrument made under this section comes into force on the day specified for the purpose in the instrument, being a day not earlier than one month after the making of the instrument. (3) The Minister shall cause the contents of an instrument made under this section to be published or broadcast in such manner as is prescribed. 18 Licences, endorsements, renewals, transfers and entries (1) An application for a licence under section 19 or for the renewal, transfer or the making of an entry in, such a licence shall be in accordance with the form approved by the Minister from time to time as the appropriate form for the making of the application. (2) A licence under section 19, a renewal or transfer of such a licence, an entry in such a licence, a Treaty endorsement and an entry in a Treaty endorsement shall be in accordance with a form approved by the Minister from time to time. 19 Commercial fishing and fish receivers licences (1) Subject to subsection (5), the Minister may, in his or her discretion, upon application being made in accordance with the appropriate form, grant to a person a master fisherman's licence authorising the person to be in charge of a boat that is being used for commercial fishing in areas of Australian jurisdiction. (2) Subject to subsections (4) and (5), the Minister may, in his or her discretion, upon application being made in accordance with the appropriate form, grant to a person a licence in respect of a boat authorising the use of the boat for taking fish in the course of commercial fishing in areas of Australian jurisdiction and for carrying, or for processing and carrying, in areas of Australian jurisdiction, fish that have been taken with the use of the licensed boat. (3) Subject to subsections (4) and (5), the Minister may, in his or her discretion, upon application being made in accordance with the appropriate form, grant to a person a licence in respect of a boat authorising the use of that boat for carrying, or for processing and carrying, in areas of Australian jurisdiction, fish that have been taken with the use of another boat. (3A) Without otherwise limiting the generality of subsections (2) and (3), the Minister may refuse to grant a licence under either of those subsections in respect of a boat if the Minister has reason to believe that a requirement of a law of the Commonwealth, or of a State or Territory, has not been complied with in relation to the boat. (4) The Minister shall not grant a licence under subsection (2) or (3) in respect of a foreign boat or in respect of a boat in respect of which such a licence should not, in the opinion of the Minister, be granted without consultation with Papua New Guinea in accordance with Article 27 of the Torres Strait Treaty, unless: (a) the Minister has notified the Papua New Guinea Minister that a licence is proposed to be granted under that subsection in respect of that boat; and (b) the Papua New Guinea Minister has agreed to the granting of the licence. (4A) Subject to subsection (5), the Minister may, upon application being made in accordance with the appropriate form, grant to a person a licence authorising the taking of fish in the course of commercial fishing without the use of a boat in areas of Australian jurisdiction and for carrying, or for processing and carrying, in areas of Australian jurisdiction, fish so taken. (4B) Subject to subsection (5), the Minister may, upon application being made in accordance with the appropriate form, grant a person a licence to receive fish, the taking of which required a licence under subsection 19(2) or (4A) or a Treaty endorsement. (5) Where: (a) a fee is payable under this Act in respect of the grant to a person of a licence under subsection (1), (2), (3) or (4A); or (b) levy is payable under the Fisheries Levy Act 1984 on the grant to a person of a licence under subsection (2), (3) or (4A); the Minister shall not grant the licence unless the person tenders the amount of the fee or levy, as the case may be. 20 Endorsements of licences (1) Where, pursuant to Article 26 of the Torres Strait Treaty, the Papua New Guinea Minister nominates a boat in respect of which a Papua New Guinea licence is in force as being a boat in respect of which an endorsement should be made under this subsection, the Minister may, in his or her discretion, endorse the licence so as to authorise the use of the boa