Document ID: chunk:federal_register_of_legislation:F2024C01053:front:0:p13
Version: federal_register_of_legislation:F2024C01053
Segment Type: other
Provision Reference: 
Character Range: 29531–32124

species taken by the holder in the season that exceeds the holder's quota for that species for the season.
Note   Subsection 17 (6B) of the Act provides that a determination under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.  Although section 46A of the Acts Interpretation Act 1901 has been repealed, section 6 of the Legislative Instruments Act 2003 provides that such an instrument is a disallowable instrument.
19 Obligation relating to undercatch
 (1) This section applies to the holder of a quota SFR if:
 (a) in a fishing season (the first season), the holder takes:
 (i) an amount of a quota species that is less than the quota for that species allocated to the SFRs held by the holder in the fishing season; or
 (ii) no fish of a quota species; and
 (b) in the following fishing season (the second season), the holder holds 1 or more quota SFRs for that species.
 (2) The holder may, during the second season, take a weight of fish of the quota species mentioned in paragraph (1) (a) that is the sum of:
 (a) the quota allocated to SFRs held by the holder in the second season; and
 (b) an amount equal to the lesser of:
 (i) the difference between the weight of fish of that species taken by the holder in the first season and the quota allocated to the holder's SFRs in that season; and
 (ii) the result of multiplying the holder's quota for that species in the first year by the determined percentage for that species and year.
 (3) For subparagraph (2) (b) (ii), the determined percentage, for a quota species and a fishing season, is a percentage of the quota allocated to the quota SFRs for that species held by a person for that season, specified in a determination made by AFMA for the purposes of this section for that species and season.
Note   Subsection 17 (6B) of the Act provides that a determination under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.  Although section 46A of the Acts Interpretation Act 1901 has been repealed, section 6 of the Legislative Instruments Act 2003 provides that such an instrument is a disallowable instrument.
Part 4  Grant of SFRs
Division 4.1 Availability of SFRs
20 Definitions for Division 4.1
  In this Division:
BBS means broadbill swordfish.
best 2 years' catches has the meaning given by section 20B.
BET means bigeye tuna.
bigeye SFR means a quota SFR that authorises the holder to take bigeye tuna.
broadbill SFR means a quota SFR that authorises the holder to take broadbill swordfish.
high seas