Document ID: chunk:federal_register_of_legislation:F2021L00462:front:0:p4
Version: federal_register_of_legislation:F2021L00462
Segment Type: other
Provision Reference: 
Character Range: 8288–11214

the Contractor.
       (3)    A concession holder (or person acting on behalf of a concession holder) must, in accordance with the requirements in Clause 7(4), exchange the e‑monitoring system's data drive and return it to AFMA when:
         (a)    the data drive's storage capacity is reached; or
         (b)    the data drive has failed a systems test and a replacement data drive has been issued; or
(c)  instructed by AFMA or the Contractor whichever occurs first.
       (4)    A concession holder (or person acting on behalf of a concession holder) must exchange the e monitoring system's data drive and return it to AFMA by:
         (a)    removing the data drive carefully from the e-monitoring system;
         (b)   immediately packaging the removed data drive in a pre-addressed, pre-paid envelope; and
         (c)    posting the data drive within 24 hours of returning to port or, if the data drive is not removed at sea, from removing the data drive.
       (5)    A concession holder (or person acting on behalf of a concession holder) must install a new or replacement data drive by following the instructions issued by AFMA, the Contractor, or the manufacturer of the e-monitoring system.
       (6)    For the purpose of subsection 40A(3) of the Act, the obligations prescribed in Clauses 7(1)-7(5) commence on the day the e-monitoring system is first installed.

8.      Requirement to provide certain information to AFMA

       (1)     AFMA may require a concession holder (or person acting on behalf of a concession holder) to give a statement to AFMA setting out:
         (a)    the facts leading to any loss, theft or damage to the e-monitoring system or e-monitoring data;
         (b)    the time, date and location where the person posted or handed over the e-monitoring system or data drive to another person (including a postal worker or courier);
         (c)    the names and addresses of any person employed or engaged by the person who had any interactions with the e-monitoring system (whether while operating, off or in sleep or idle mode) or data drive;
         (d)    the reasons why the e-monitoring system was not operational at a given time; or
         (e)    any other matter relating to the circumstances, time, place, or manner of installation, carriage, use, handling, maintenance or monitoring of use of the e-monitoring system or data drive.

       (2)     A concession holder (or person acting on behalf of a concession holder) must not, without reasonable excuse, fail to comply with a request to give a statement requested under clause 8(1) to AFMA within a reasonable time period.

Annex 1

1. For the purposes of Clause 7, the following fishing methods and areas are specified:

Australian Sea Lion Management Zones, Coorong Dolphin Zones, dolphin observation zone (Gillnet methods only)

       Area of waters where gillnet fishing is authorised under a Commonwealth