Document ID: chunk:federal_register_of_legislation:C2024C00591:section:40a:p1
Version: federal_register_of_legislation:C2024C00591
Segment Type: section
Provision Reference: s 40A (pt 1/2)
Character Range: 142344–145305

40A  Directions to classes of concession and permit holders

Directions power
 (1) AFMA may make a written direction requiring any person who holds a fishing concession, or a scientific permit, of a class prescribed in the direction, to comply with:
 (a) obligations that are prescribed in the direction relating to the e‑monitoring of fishing‑related activity; or
 (b) prescribed restrictions on engaging in fishing if any obligation prescribed under paragraph (a) in the direction has not been, or is not being, complied with.
Note: See section 97A for offences relating to e‑monitoring equipment and e‑monitoring data.
 (2) Without limiting the operation of paragraph (1)(a), examples of obligations that may be prescribed in a direction made under subsection (1) include obligations relating to:
 (a) installing, carrying, using, handling, maintaining or monitoring the use of, prescribed e‑monitoring equipment; and
 (b) the circumstances, times, places or methods for giving AFMA e‑monitoring data; and
 (c) the circumstances, times, places or methods for giving AFMA e‑monitoring equipment on which e‑monitoring data is stored; and
 (d) the circumstances, times, places or methods for giving AFMA statements relating to e‑monitoring data (including statements about its circumstance, time, place or manner of generation, transmission or storage); and
 (e) the circumstances, times, places or methods for giving AFMA statements relating to e‑monitoring equipment (including statements about its circumstance, time, place or manner of installation, carriage, use, handling, maintenance or monitoring of use).
 (3) A direction made under subsection (1) must prescribe, in respect of each prescribed obligation or restriction, a day, which is a reasonable period after the direction is made, by which compliance with the obligation or restriction must occur or commence.

Consultation and notification requirements for making directions
 (4) Before making a direction under subsection (1) in relation to fishing concessions or scientific permits that relate to a particular fishery, AFMA must consult with:
 (a) the management advisory committee for the fishery; or
 (b) if there is no management advisory committee for the fishery—the holders of fishing concessions or scientific permits for the fishery.
 (5) At least 7 days before a direction made under subsection (1) takes effect, AFMA must ensure that a copy of the direction is sent to each holder of a fishing concession or scientific permit to which the direction relates.
 (6) However, in an emergency:
 (a) a direction may be made under subsection (1) without any consultation; and
 (b) subsection (5) does not apply in respect of the direction; and
 (c) AFMA must ensure that a copy of the direction is sent to each holder of a fishing concession or scientific permit to which the direction relates as soon as possible.

Variation and revocation
 (7) AFMA may, at any time, by a further direction