Document ID: chunk:federal_register_of_legislation:C2004A01264:clause:1_41a
Version: federal_register_of_legislation:C2004A01264
Segment Type: clause
Provision Reference: sch 1 cl 41A
Character Range: 8161–9838

41A  AFMA may give directions in relation to closure or partial closure of fishery

 (1) This section applies to a fishery in respect of which:
 (a) there is no plan of management; and
 (b) there are in force fishing permits, scientific permits, foreign fishing licences or foreign master fishing licences entitling the holders of such permits or licences to participate in that fishery.

 (2) If, after consultation:
 (a) with the management advisory committee for a fishery to which this section applies; and
 (b) with all holders of fishing permits, scientific permits, foreign fishing licences or foreign master fishing licences entitling the holders to participate in the fishery;
AFMA is satisfied that it is necessary, in pursuit of its objectives, to direct that fishing not be engaged in in any part of the fishery, or in a particular area of the fishery, during a period or periods specified in the direction, AFMA may, by notice in writing published in the Gazette, give a direction to that effect.

 (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.