Document ID: chunk:federal_register_of_legislation:C2005C00501:clause:1_16b:p1
Version: federal_register_of_legislation:C2005C00501
Segment Type: clause
Provision Reference: sch 1 cl 16B (pt 1/2)
Character Range: 8456–11202

16B  Australian‑flagged boats that have previously undermined conservation and management measures

 (1) Subject to subsection (5), AFMA must not, under this Part, grant a fishing concession authorising the use for fishing activities on the high seas of an Australian‑flagged boat that was previously registered in a foreign country and authorised by that country for such fishing activities if:
 (a) AFMA believes, on reasonable grounds, that the boat is a boat to which subsection (2) or (3) applies; and
 (b) subsection (4) does not apply.

 (2) This subsection applies to an Australian‑flagged boat that was previously registered in a foreign country that is a party to the Compliance Agreement if:
 (a) that foreign country has, because the owner or operator of that boat has undermined international conservation and management measures, suspended the authority to use that boat on the high seas for a period and that period has not expired; or
 (b) that foreign country has, because the owner or operator of that boat has undermined international conservation and management measures, cancelled the authority to use that boat on the high seas and a period of 3 years has not elapsed since that cancellation.

 (3) This subsection applies to an Australian‑flagged boat that was previously registered in a foreign country that is not a party to the Compliance Agreement if, on the basis of information available to it, AFMA is satisfied that:
 (a) the foreign country has, because the owner or operator of that boat has undermined international conservation and management measures, suspended the authority to use that boat on the high seas for a period and that period has not expired; or
 (b) the foreign country has, because the owner or operator of that boat has undermined international conservation and management measures, cancelled the authority for use of that boat on the high seas and a period of 3 years has not elapsed since that cancellation.

 (4) If the person seeking the grant of a fishing concession authorising the use of a boat to which subsection (2) or (3) applies for fishing activities on the high seas satisfies AFMA that the owner or operator of the boat at the time the authority to use it was suspended or cancelled has no present legal, beneficial or financial interest in, or control of, the boat, AFMA may grant such a fishing concession authorising the use of the boat despite the application of subsection (2) or (3).

 (5) Despite subsection (1), AFMA may grant a fishing concession authorising the use of an Australian‑flagged boat to which subsection (2) or (3) applies for fishing activities on the high seas if, having regard to the circumstances in which a foreign country's authorisation for the use