Document ID: chunk:federal_register_of_legislation:C2024C00644:section:3:p5
Version: federal_register_of_legislation:C2024C00644
Segment Type: section
Provision Reference: s 3 (pt 5/6)
Character Range: 22336–24893

(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