Document ID: chunk:federal_register_of_legislation:F2024C01047:body:0:p11
Version: federal_register_of_legislation:F2024C01047
Segment Type: other
Provision Reference: 
Character Range: 24975–27772

approval of AFMA to register is obtained.
Note   For offences in relation to making false or misleading statements in applications, see section 136.1 of the Criminal Code.
 (6) A person associated with a vessel on any IUU vessel list is not entitled to register under subsection (4) unless the association is disclosed in full and the written approval of AFMA to register is obtained.
Note 1   Australia, as a signatory to the Convention on the Conservation of Antarctic Marine Living Resources, and as a member of the Commission established under the Convention, has resolved to support Conservation Measures 10‑06 (2005) and 10‑07 (2005) of the Commission which seek to minimise illegal, unregulated and unreported fishing in Sub‑Antarctic and Antarctic fisheries. The Convention and the Conservation Measures may be viewed on, or downloaded from, the internet site for the Commission, www.ccamlr.org.
Note 2   For offences in relation to making false or misleading statements in applications, see section 136.1 of the Criminal Code.
 (7) For subsection (6):
associated with a vessel means any of the following:
 (a) being, or having been, an owner of the vessel;
 (b) having, or having had, a proprietary or beneficial interest in the vessel, whether directly or through an intervening entity (within the meaning given by Chapter 2E of the Corporations Act 2001);
 (c) being, or having been, a member of its crew.
IUU vessel list means any of the lists maintained by the Commission for the Conservation of Antarctic Marine Living Resources of vessels known, or presumed from available evidence, to have been engaged in, or used as support for, illegal, unregulated or unreported fishing in Sub‑Antarctic or Antarctic fisheries.
Note   The IUU vessel lists may be viewed on, or downloaded from, the internet site for the Commission, www.ccamlr.org.
 (8) AFMA may refuse to register a person under subsection (4) if AFMA reasonably suspects that the person may undertake, or direct the undertaking of, illegal, unregulated or unreported fishing or may otherwise undermine the attainment of the marine resource conservation objectives of the Convention on the Conservation of Antarctic Marine Living Resources.
Note 1   See section 24 of the Act about publication of a notice by AFMA declaring that AFMA intends to grant statutory fishing rights for fishing in a managed fishery.
Note 2   An application for registration as an eligible person for the grant of a statutory fishing right must be made within the period stated in a notice published under section 24 of the Act: see paragraph 25 (f), and subsection 26 (1), of the Act.
Note 3   Under subsection 26 (2) of the Act, AFMA must register as an eligible person an applicant for registration who meets the conditions for registration and who