Document ID: chunk:federal_register_of_legislation:C2024C00591:section:16a
Version: federal_register_of_legislation:C2024C00591
Segment Type: section
Provision Reference: s 16A
Character Range: 61091–63735

16A  AFMA to meet international fisheries management organisation and Fish Stocks Agreement obligations

Boat involved in contravening international fisheries management measure
 (1) AFMA must not authorise under this Part the use of an Australian‑flagged boat for fishing on the high seas for a conserved fish stock during the period specified in subsection (2), if:
 (a) a court has convicted a person of an offence described in subsection (3) involving the use of the boat; and
 (b) the court has ordered the person to pay a fine for the offence (whether or not the person has also been sentenced to imprisonment for the offence); and
 (c) the court has not ordered the forfeiture of the boat.

Period for which AFMA must not authorise use of boat
 (2) The period starts when the person is ordered to pay the fine and ends when one of the following events occurs:
 (a) the person pays the fine;
 (b) a penalty is imposed on the person for failure to pay the fine;
 (c) the court orders the forfeiture of the boat (for the offence or another offence);
 (d) the conviction of the person for the offence for which the person was ordered to pay the fine is quashed.

Offences that prevent AFMA authorising use of boat
 (3) Subsection (1) limits authorisation of the use of a boat involved in any of the following offences:
 (a) an offence against subsection 95(5) constituted by one of the following acts or omissions that contravenes a condition of a fishing concession or scientific permit that authorises fishing for a conserved fish stock on the high seas or contravenes a provision of a temporary order relating to fishing for a conserved fish stock on the high seas:
 (i) fishing for the conserved fish stock at a particular time, in a particular place or with particular equipment;
 (ii) failing to maintain accurate records of catch;
 (iii) failing to provide an accurate return of fish taken, carried, transhipped or processed;
 (iv) taking, carrying, transhipping or processing more fish than authorised by the concession, permit or order;
 (v) changing or hiding the markings of the boat;
 (b) an offence against section 105A involving a fish from a conserved fish stock and a boat;
 (ba) an offence against section 105AA or 105AB;
 (c) an offence against section 105B involving a boat equipped for fishing for a conserved fish stock;
 (d) an offence against section 107 relating to a document, statement, return or information about catch of a conserved fish stock;
 (e) an offence against a prescribed provision of this Act or the regulations that is constituted by a prescribed act or omission relating to a conserved fish stock.