Document ID: chunk:federal_register_of_legislation:F2024C01020:reg:22:p4
Version: federal_register_of_legislation:F2024C01020
Segment Type: reg
Provision Reference: reg 22 (pt 4/9)
Character Range: 65660–68525

during the release; and
           (b) count the weight of the fish mentioned in paragraph (a) against the quota (whether the holder's quota or quota nominated against the boat used to take the Southern Bluefin Tuna) for the season in which the fish were taken.

        22CA.10 Each of the following decisions of AFMA is reviewable as if the decision were a relevant decision within the meaning of section 165 of the Act:
           (a) a decision to refuse an application made under subclause 22CA.3;
           (b) a decision in relation to an estimate made under subclause 22CA.8.

       22D  Transfer weight to be substituted

        22D.1A In this clause:

       relevant weight, in relation to a tow operation, means the total of the following:
           (a) the weight of Southern Bluefin Tuna determined by a transfer weighing conducted for the tow operation;
           (b) the weight of any Southern Bluefin Tuna likely to have died during the take and tow operation;
           (c) the weight of any Southern Bluefin Tuna likely to have died during any subsequent release operation.

        22.D1 Subject to subclause 22D.2, the relevant weight:
           (a) is to be used in place of the estimate provided under paragraph 22A.1(g); and
           (b) counts against the holder's quota in the season for all purposes, including any entitlement of the holder to continue to fish for southern bluefin tuna in the season; and
           (c) counts against the nominated boat reported to AFMA as the boat from which the fish were taken:
              (i) in the case of a take by the purse seine method—as reported to AFMA under paragraph 22A.1(b); or
              (ii) in any other case—as reported to AFMA in the return by the person having a fish receiver permit who received the fish.

        22D.2 If the relevant weight is less than the estimate given to AFMA under paragraph 22A.1(g), AFMA must count the estimate against the holder's quota and against the nominated boat from which the fish were taken.

        22D.3 For subclause 22D.2, AFMA may substitute another weight for the estimate if there is evidence that the substituted weight (including an amount to account for fish deaths) is more accurate.

        22D.4 A holder affected by subclause 22B.5, 22D.2 or 22D.3 may request that AFMA, as relevant to the request:
           (a) not substitute another weight for the estimate; or
           (b) not count the estimate in place of the transfer weight.

        22D.5 When considering a request made under subclause 22D.4, AFMA is to take into account the objectives of this Plan.

        22D.6 A decision of AFMA to refuse a request made under subclause 22D.4 is reviewable as if it were a relevant decision within the meaning of section 165 of the Act.

       23  Signed extracts of the Register

        23.1 If AFMA alters