Document ID: chunk:federal_register_of_legislation:C2024C00591:section:4:p8
Version: federal_register_of_legislation:C2024C00591
Segment Type: section
Provision Reference: s 4 (pt 8/8)
Character Range: 42691–44918

it in so doing;
AFMA may, by instrument published in the Gazette, declare that, during that period, the boat is taken to be an Australian boat for the purposes of this Act.
 (3) AFMA may:
 (a) because of a change in circumstances, by instrument published in the Gazette, at any time revoke an instrument under subsection (2); or
 (b) by instrument published in the Gazette, extend the period for which an instrument under subsection (2) is to remain in force.
 (4) For the purposes of this Act:
 (a) in relation to a fishery or a managed fishery that is identified by reference to an area, a reference to activities in the fishery or in the managed fishery includes activities in that area; and
 (b) in relation to a fishery or a managed fishery that is identified by reference to any matter other than an area, a reference to activities in the fishery or in the managed fishery includes activities in relation to the fishery.
 (5) For the purposes of this Act, a charter boat, the person in charge of the boat and any other person fishing from the boat are taken to be engaged in recreational fishing.
 (6) A reference in this Act to a relevant Treaty purpose is a reference to the purpose of:
 (a) performing the functions and duties of an observer in accordance with Part 6 of Annex 1 to the Treaty or an observer program conducted in accordance with the Treaty; or
 (b) ascertaining whether the provisions of this Act have been or are being complied with on, or in relation to the use of, a Treaty boat while it is in the AFZ.
 (7) An amendment of the Treaty that alters the Treaty area that is within the AFZ or that alters a condition of a Treaty licence in a way that affects fishing by Treaty boats within the AFZ under a Treaty licence:
 (a) does not have effect for the purposes of this Act unless the amendment is declared by the regulations to have effect for the purposes of this Act; and
 (b) takes effect for the purposes of this Act on the day on which regulations mentioned in paragraph (a) take effect or on such later day as is specified in those regulations.
 (8) If an arrangement under Division 3 of Part 5 is varied, a reference in this Act to the arrangement is a reference to the arrangement as varied.