Document ID: chunk:federal_register_of_legislation:F2024C01029:front:0:p13
Version: federal_register_of_legislation:F2024C01029
Segment Type: other
Provision Reference: 
Character Range: 29173–31637

that may be exercised by the agent.
 (2) A notice must be accompanied by the instrument, or a certified copy of the instrument, by which the holder appointed the agent.
 (3) For the purposes of this Management Plan, the appointment of an agent by the holder of a statutory fishing right is of no effect unless AFMA has been told about the appointment under subsection (1).
 (4) In deciding an application under this Management Plan:
 (a) AFMA may assume that a notice given under this section is properly given; and
 (b) AFMA need not verify, by other means, the authority of the agent to make the application.
32 Notices
 (1) In this section:
address or facsimile number, for the holder of a statutory fishing right, means the holder's address, or facsimile number, stated in the Register.
notice means a notice that is required, or allowed, by this Management Plan to be given in writing.
working day means a day that is not:
 (a) a Saturday or Sunday; or
 (b) a public holiday in the place to which the notice is sent.
 (2) A notice to the holder of a statutory fishing right is taken to be given to the holder if it is:
 (a) delivered to the holder's residential or office address; or
 (b) posted to the holder's postal address; or
 (c) sent by facsimile to the holder's facsimile number.
 (4) A notice to a person is taken to have been given to the person if it is delivered to the person's last known address.
 (5) A notice given to the holder of a statutory fishing right under this section is taken to have been given to the holder:
 (a) if the notice is delivered to the holder's residential or office address — on the day when it is delivered; and
 (b) if the notice is sent by facsimile to the holder's facsimile number:
 (i) 24 hours after the notice is sent; or
 (ii) if that period does not end between 9 am and 5 pm on a working day in the place to which the notice is sent — at 9 am on the next working day in that place.
Note   Under subsection 160 (1) of the Evidence Act 1995, it is presumed (unless evidence is sufficient to raise doubt about the presumption is adduced) that a postal article sent by pre‑paid post addressed to a person at a specified address in Australia or in an external Territory was received at that address on the fourth working day after having been posted.
Part 5 Transitional

33 Transitional
 (1) This section ceases to have effect on the day specified in a notice published in the Gazette under subsection (2).
 (2)