Document ID: chunk:federal_register_of_legislation:C2005A00099:clause:1_40
Version: federal_register_of_legislation:C2005A00099
Segment Type: clause
Provision Reference: sch 1 cl 40
Character Range: 31589–32583

40  Subsection 105D(5)
Repeal the subsection, substitute:

Enforcement action

 (5) On behalf of Australia, the Attorney‑General may authorise in writing an authority of a foreign country to take specified action to enforce a law of the foreign country against a contravention of a WCPFC conservation and management measure, or of another regional management measure, on the high seas involving an Australian‑flagged boat if:
 (a) AFMA has authorised an authority of the foreign country under subsection (2) or (2A) to investigate the alleged contravention; and
 (b) the appropriate authority of the foreign country has communicated the results of the investigation to Australia; and
 (c) the Attorney‑General is satisfied that the action will be taken in accordance with:
 (i) in the case of an alleged contravention of a WCPFC conservation and management measure—the WCPFC; and
 (ii) in the case of an alleged contravention of another regional management measure—the Fish Stocks Agreement.