Commonwealth Consolidated Acts

FISHERIES MANAGEMENT ACT 1991 - SECT 41A

             (1)  This section applies to a fishery in respect of which fishing concessions, scientific permits or foreign master fishing licences are in force.

             (2)  If, after consultation with:

                     (a)  the management advisory committee for the fishery; or

                     (b)  if there is no management advisory committee for the fishery--the holders of fishing concessions, scientific permits or foreign master fishing licences for the fishery;

AFMA may direct that fishing not be engaged in any part of the fishery, or in a particular part of the fishery, during a period or periods specified in the direction.

          (2A)  At least 7 days before the direction takes effect, AFMA must tell the holders of the fishing concessions, scientific permits or foreign master fishing licences, in writing, about the direction.

          (2B)  However, if a direction is given in an emergency:

                     (a)  subsection (2A) does not apply; and

                     (b)  AFMA must tell the holders of the fishing concessions, scientific permits or foreign master fishing licences, in writing, about the direction as soon as it can practicably do so.

          (2C)  AFMA may, by writing under its common seal, delegate the power to give a direction under subsection (2) to:

                     (a)  the CEO; or

                     (b)  a primary stakeholder who is to assist AFMA to manage the fishery under a co-management arrangement (within the meaning of the Fisheries Administration Act 1991 ).

             (3)  AFMA may, at any time, by a further direction in writing, vary or revoke a direction given under subsection (2).

             (4)  If AFMA gives a direction under subsection (2), or varies or revokes such a direction, it must ensure that a copy of the direction is sent to each holder of a fishing permit, a scientific permit, a foreign fishing licence or a foreign master fishing licence, in respect of the fishery to which the direction, or direction as varied or revoked, relates.

             (5)  A direction under subsection (2), or a variation or revocation of such a direction, is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .