Document ID: chunk:federal_register_of_legislation:F2017C00118:body:0:p17
Version: federal_register_of_legislation:F2017C00118
Segment Type: other
Provision Reference: 
Character Range: 44814–47577

to the PZJA using the approved form for the temporary transfer to be registered, and pay the prescribed fee.
    (4) The PZJA must not register the temporary transfer if:
         (a) a proceeding for an offence under the Act or Regulations has been brought against the transferor or transferee and has not been decided; or
         (b) levy due and payable by the transferor or transferee has not been paid.
    (5) A person who holds Australian units as the result of a temporary transfer is not entitled to transfer or temporarily transfer those units.

4.8 PNG units
    (1) A PNG unit is a unit of fishing capacity in the TSPF held in trust by the Australian government for the purpose of meeting its obligations under the Treaty for catch sharing arrangements with PNG.
    (2) Before the start of each fishing season, the PZJA will determine the number of PNG units that will be available to PNG for that season.
    (3) The number of PNG units determined under subsection 4.8(2) will not exceed the number set out in paragraph 4.2(2)(b).
    (4) The determination under subsection 4.8(2) will:
         (a) be made after discussions between the Australian and PNG governments; and
         (b) take into account relevant catch data and offsetting arrangements.

4.9 Temporary transfer of PNG units
    (1) The Australian government may temporarily transfer PNG units to a holder of a PNG boat licence with a TSPF Treaty endorsement, or a holder of a TSPF boat licence, as set out in this section.
    (2) The PZJA will give first preference for temporary transfer of PNG units to the holders of TSPF Treaty endorsements.
    (3) For any PNG units remaining after all temporary transfers made under subsection (3), the PZJA may determine:
         (a) the method for temporarily transferring the PNG units to TSPF boat licence holders; and
         (b) a process for collecting levies payable by TSPF boat licence holders who are to have PNG units temporarily transferred to them for a season.
    (4) A temporary transfer of PNG units:
         (a) must be of whole PNG units only; and
    (b) does not take effect until it is registered; and
         (c) entitles the temporary transferee to use the PNG units during the fishing season for which the temporary transfer is registered; and
         (d) remains in force for that season.
    (5) The holder of a PNG unit that has been temporarily transferred is not entitled to transfer or temporarily transfer the unit.

      4.10 Surrender of Australian units
    (1) A holder of Australian units of fishing capacity may, by written notice to the PZJA apply without fee to surrender some or all of the units of fishing capacity held.
    (2) A holder of Australian units of fishing capacity will cease