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Introduced into the House of
Representatives on 27 June 2012
Portfolio: Agriculture, Fisheries and Forestry
1.2
The committee seeks further information from the Minister for
Agriculture, Fisheries and Forestry regarding relevant policies and legal
requirements for the management of storage, handling and disposal of
E-monitoring data before forming a view as to whether the bill is compatible
with human rights as defined in the Human Rights (Parliamentary Scrutiny)
Act 2011.
1.3
This bill amends the Fisheries Management Act 1991 (FM Act) and
the Fisheries Administration Act 1991 to:
-
introduce electronic monitoring (e-monitoring) to Australian
boats that are authorised to fish under concessions and scientific permits
granted by the Commonwealth; and
-
make several minor amendments to the FM Act to clarify and make
provisions consistent.
Right to privacy (Article 17 ICCPR)
Right to work (Article 6 ICESCR)
1.4
The statement of compatibility notes that the bill places limitations on
the prohibition on interference with privacy (Article 17 of the ICCPR) and the
right to work (Article 6 of the ICESCR).
1.5
Under the Fisheries Administration Act 1991, AFMA is authorised
to collect or disclose information, including personal information, in
accordance with the Fisheries Administration Act 1991, the Fisheries
Management Act 1991 or the Torres Strait Fisheries Act 1984 or
regulations under one of these Acts.
1.6
E-monitoring will enhance AFMA's ability to meet is legislative
requirement to ensure that the exploitation of fisheries resources is
ecologically sustainable, to implement efficient and cost-effective fisheries
management and to collect information about possible breaches of the law and
the management of and research into fisheries and the marine environment.
1.7
E-monitoring will involve the electronic recording of fishing and
related activities for data collection and compliance purposes, through the use
of specialised equipment installed on boats. Such equipment can include
cameras, global positioning systems or sensors and vessel monitoring systems
capable of generating a range of visual and non-visual data. E-monitoring data
will include video footage of fishing and fishing related activities on the
deck of boats, in processing areas on boats or in the water and data showing
the location and identity of boats.
1.8
Electronic surveillance under the bill may incidentally include personal
information. This information could be stored, used and disclosed by AFMA. The statement
of compatibility states that access by individuals to this information may be
regulated.
1.9
The explanatory memorandum to the bill states that the storage, handling
and disposal of e-monitoring data will be managed in accordance with AFMA
policies that, in turn, are governed by relevant legal requirements. The
explanatory memorandum also states on page four that '[V]arious safeguards can
apply to the disclosure of personal information that forms part of e-monitoring
data; for example, AFMA may prevent or limit secondary disclosure of
information that it has disclosed and, where personal information is not
relevant to the purpose of the disclosure, the personal information component
could be obscured'.
1.10
Article 17 of the ICCPR protects the individual's right to privacy and
prohibits unlawful and arbitrary interferences with privacy.
1.11
The committee considers that further information is required regarding
relevant AFMA policies and legal requirements for the management of storage,
handling and disposal of E-monitoring data.
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