Document ID: chunk:federal_register_of_legislation:F2024C01036:front:0:p18
Version: federal_register_of_legislation:F2024C01036
Segment Type: other
Provision Reference: 
Character Range: 40382–42790

the quota for that species allocated to the SFRs held by the holder in that 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 statutory fishing rights 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) In this section:
determined percentage, for a quota species and a fishing season, means the percentage for that species and season specified in a determination made by AFMA for this section.

 (4) If AFMA determines a percentage for quota species for a fishing season under subsection (3), that percentage must not be greater than 10%.

Note 1   The percentage is intended to be a percentage of the quota allocated to the SFR for that species, sub-area and season held by a person for that season.

Note 2   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 Although section 46A of the Acts Interpretation Act 1901 has been repealed, section 6 of the Legislative Instruments Act 2003 provides that such an instrument is a disallowable instrument.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 5 Availability of SFRs

31 Conditions for registration as an eligible person

 (1) This section applies if AFMA publishes a notice under section 24 of the Act:
 (a) declaring that AFMA intends to grant SFRs for the fishery; and
 (b) specifying the notice period.

 (2) For paragraph 26 (2) (a) of the Act, a person satisfies the conditions for registration if:
 (a) before the end of the notice period mentioned in paragraph (1) (a), the person applied to AFMA for registration as an eligible person for a grant of 1 or more SFRs for the fishery; and
 (b) at the end of the notice period the person holds 1 or more of the instruments mentioned in the following table.
Item  Instrument or instruments