Explanatory Memorandum
(Circulated by authority of the Minister for Justice and Customs, Senator the Honourable Christopher Martin Ellison, MP)Schedule 8 - Vessel monitoring systems
Fisheries Management Act 1991
This item inserts a new section in the Fisheries Management Act to make it clear that the Australian Fisheries Management Authority (AFMA) may disclose vessel monitoring system (VMS) information to Customs to assist Customs perform its civil surveillance functions.
VMS is a system that enables AFMA, through a transponder fitted to a fishing boat, to monitor the position and movement of a boat at any time. AFMA requires that the holders of fishing concessions in a number of fisheries have a VMS transponder fitted to their fishing boats. AFMA requires the fitting of the transponder by making it a condition on the grant of the fishing licences and permits. Given the circumstances in which the transponders are fitted, the amendment seeks to remove any doubt as to the capacity of AFMA to provide the information obtained from VMS transponders to Customs.
One of the principal roles of the Australian Customs Service (Customs) is to facilitate trade and the movement of people across the Australian border while protecting the community and maintaining appropriate compliance. As part of this role, Customs is tasked by the Government with providing a civil maritime surveillance and response service to a range of government agencies.
Customs access to the VMS data collected by AFMA will enable it to better manage its surveillance activities. With access to the data, Customs will have the ability to identify known vessels from potential illegal vessels and thereby concentrate surveillance activities on unidentified targets. Surveillance aircraft would thus not be required to close on VMS reporting vessels in order to achieve positive identification.
The Joint Committee of Public Accounts and Audit has recommended that Commonwealth legislation be amended to ensure that VMS data is provided to Customs (Recommendation No, 5, Report No. 384, Review of Coastwatch).
Proposed new section 167B will apply to any information relating to a boat which AFMA has obtained from a vessel monitoring system. The term vessel monitoring system is defined in subsection 167B(4).
Under this section, AFMA may give Customs any information obtained from a vessel monitoring system if AFMA, having regard to advice from Customs, considers that it would assist Customs to perform its civil surveillance functions. In so doing, AFMA must have regard to the relevance of the information to these functions (proposed new subsection 167B(2) refers).
New subsection 167B(3) makes it clear that this provision does not limit any other powers that AFMA may have to provide information to Customs. So, for example, where AFMA has information about possible illegal fishing vessels operating in Australian waters, it may pass this information on to Customs.
New subsection 167B(4) defines vessel monitoring system for the purposes of the section. It means a system in which boats are fitted with an electronic device that can give information about the boats course, or position, or other such information.