Document ID: chunk:federal_register_of_legislation:C2013A00027:clause:1_40b
Version: federal_register_of_legislation:C2013A00027
Segment Type: clause
Provision Reference: sch 1 cl 40B
Character Range: 10229–12485

40B  Directions to specific concession and permit holders

Directions power
 (1) AFMA may, by written notice given to the holder of a fishing concession or a scientific permit, direct the holder of the fishing concession or scientific permit to comply with:
 (a) obligations that relate to the e‑monitoring of fishing‑related activity and that:
 (i) are prescribed in the direction; and
 (ii) are not inconsistent with an obligation prescribed in a direction made under section 40A that the holder is required to comply with; and
 (b) prescribed restrictions on engaging in fishing if any obligations prescribed under paragraph (a) in the direction have not been, or are not being, complied with.
Note 1: See section 97A for offences relating to e‑monitoring equipment and e‑monitoring data.
Note 2: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.
 (2) Without limiting the operation of paragraph (1)(a), examples of obligations that may be prescribed in a direction under subsection (1) include obligations relating to:
 (a) installing, carrying, using, handling, maintaining or monitoring the use of, prescribed e‑monitoring equipment; and
 (b) the circumstances, times, places or methods for giving AFMA e‑monitoring data; and
 (c) the circumstances, times, places or methods for giving AFMA e‑monitoring equipment on which e‑monitoring data is stored; and
 (d) the circumstances, times, places or methods for giving AFMA statements relating to e‑monitoring data (including statements about its circumstance, time, place or manner of generation, transmission or storage); and
 (e) the circumstances, times, places or methods for giving AFMA statements relating to e‑monitoring equipment (including statements about its circumstance, time, place or manner of installation, carriage, use, handling, maintenance or monitoring of use).
 (3) A direction made under subsection (1) must prescribe, in respect of each prescribed obligation or restriction, a day, which is a reasonable period after the direction is made, by which compliance with the obligation or restriction must occur or commence.

Directions are not legislative instruments
 (4) A direction made under subsection (1) is not a legislative instrument.