Commonwealth Numbered Acts

FISHERIES AMENDMENT ACT 1987 No. 177 of 1987 - SECT 3

3. Section 4 of the Principal Act is amended:

   (a)  by inserting in subsection (1) the following definitions in their
        respective appropriate alphabetical positions (determined on a
        letter-by-letter basis):

" 'Administrator' means the person or organisation who or that is the
Administrator within the meaning of the Treaty;
'fishing vessel of the United States' has the same meaning as it has when used
in the Treaty;
'licence' means a licence granted under section 9;
'observer' means a person who is an observer within the meaning of Part 6 of
Annex I to the Treaty;
'Pacific Island party', in relation to the Treaty, has the same meaning as it
has when used in the Treaty;
'Pacific Island party officer' means a person (other than a person referred to
in paragraph (a), (b), (c) or (d) of the definition of 'officer') who is
authorised by or under the law of a Pacific Island party to perform the
functions and duties of an observer on Treaty boats;
'party', in relation to the Treaty, has the same meaning as it has when used
in the Treaty;
'Treaty' means the Treaty on Fisheries between the Governments of Certain
Pacific Island States and the Government of the United States of America that
was signed at Port Moresby on 2 April 1987, a copy of which is set out in the
Schedule, and, subject to subsection (5), includes that Treaty as amended from
time to time;
'Treaty area' has the same meaning as it has when used in the Treaty;
'Treaty boat' means a foreign boat that is a fishing vessel of the United
States;
'Treaty licence' means a licence issued, for the purposes of the Treaty, by
the Administrator in respect of a Treaty boat;
'Treaty licensing area' means the waters that are within both:

   (a)  the Australian fishing zone; and

   (b)  the Treaty area;
other than waters within an area that is a closed area in relation
to Australia within the meaning of Annex I to the Treaty."; and

   (b)  by adding at the end the following subsections:

"(4) A reference in this Act to a relevant Treaty purpose is a reference to
the purpose of:

   (a)  performing the functions and duties of an observer in accordance with
        Part 6 of Annex I to the Treaty or an observer program conducted in
        accordance with the Treaty; or

   (b)  ascertaining whether the provisions of this Act have been or are being
        complied with on, or in relation to the use of, a Treaty boat while it
        is in the Australian fishing zone.

"(5) An amendment to the Treaty:

   (a)  does not have effect for the purposes of this Act unless the amendment
        is declared by the regulations to have effect for the purposes of this
        Act; and

   (b)  takes effect for the purposes of this Act on the day on which the
        regulations referred to in paragraph (a) take effect or such later day
        as is specified in those regulations.".