Document ID: chunk:federal_register_of_legislation:F2024C01036:reg:16:p6
Version: federal_register_of_legislation:F2024C01036
Segment Type: reg
Provision Reference: reg 16 (pt 6/7)
Character Range: 55087–57506

However, if AFMA gives written approval to the holder for fishing that would contravene subsection (1) or (2), the holder may fish in accordance with the approval.

Part 9 Miscellaneous

54 Delegation

  AFMA may, by writing under its common seal, delegate to an officer of AFMA any of its powers or functions under this Plan, other than its powers or functions under sections 17, 21, 24, 29 and this section.

Note   AFMA may delegate its powers under sections 17, 21, 24 and 29 to the Managing Director of AFMA, see subsection 17 (11) of the Act.

55 Approved form

 (1) AFMA may approve a form for the purposes of a section of this Plan.

 (2) An approval under subsection (1) must be in writing.

56 Agents

 (1) If the holder of an SFR appoints a person to be the holder's agent for any matter to which this Management Plan applies, the holder must, as soon as practicable, give AFMA a notice in the approved form specifying the name of the agent and the powers that may be exercised by the agent.

 (2) For this Management Plan, the appointment of an agent by the holder of an SFR is of no effect unless AFMA has been notified of the appointment under subsection (1).

 (3) For the purpose of making a decision about an application under a provision of this Management Plan:
 (a) AFMA may assume that a notice given under this section is properly given; and
 (b) AFMA is under no duty to verify, by other means, the authority of an agent to make the application.

57 Notices

 (1) A notice to the holder of a fishing concession 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 fax to the holder's fax number; or
 (d) sent by e-mail to the holder's e-mail address.

 (2) A notice 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 fax to the holder's fax number, or by e-mail to the holder's e-mail address:
 (i) 24 hours after the notice is sent; or
 (ii) if that time does not fall 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 presented that is sufficient to raise doubt