Document ID: chunk:federal_register_of_legislation:C2024C00591:section:32:p2
Version: federal_register_of_legislation:C2024C00591
Segment Type: section
Provision Reference: s 32 (pt 2/3)
Character Range: 120192–122746

(3) Without limiting the operation of subsection (1), AFMA may refuse to grant a fishing permit if it has reason to believe that a requirement of a law of the Commonwealth, or of a State or Territory, has not been complied with in relation to the boat.
 (4) A fishing permit may authorise the use of a boat:
 (a) for commercial fishing generally; or
 (b) for recreational fishing generally (whether from a charter boat or otherwise); or
 (d) for specified fishing activities, including:
 (i) the carrying of fish; or
 (ii) the processing of fish; or
 (iii) the testing of fishing equipment.
 (5) A fishing permit is granted subject to the following conditions:
 (a) if the fishing permit authorises fishing in a specified managed fishery—the holder of the permit must comply with any obligations imposed by, or imposed by AFMA under, the relevant plan of management on the holder of such a fishing permit;
 (b) if the fishing permit authorises fishing in a specified managed fishery—the permit will cease to have effect if the plan of management for the fishery is revoked under subsection 20(3);
 (c) the fishing permit may, under subsection 75(7), cease to have effect;
 (d) the fishing permit may be cancelled under section 39;
 (e) no compensation is payable because the fishing permit is cancelled, ceases to have effect or ceases to apply to a fishery.
Note: For further provisions relating to conditions imposed on fishing permits see subsections (6), (7A) and sections 40C, 42, 42A and 42B.
 (6) A fishing permit:
 (a) is subject to such other conditions as are:
 (i) specified in the permit; or
 (ii) prescribed in relation to permits granted under this section; and
 (b) comes into force on the day specified for the purpose in the permit or, if no day is so specified, on the day on which it is granted; and
 (c) subject to this Act, remains in force until the day specified for the purpose in the permit, being a day not later than 5 years after the day on which it came into force.
 (7) Without limiting the operation of paragraph (6)(a), the conditions that may be specified in a permit include conditions relating to:
 (a) the fish that may be taken; or
 (b) the quantity of fish that may be taken; or
 (c) the rate at which fish may be taken; or
 (d) the methods or equipment that may be used to take fish; or
 (e) the methods or equipment that may be used to process or carry fish.
 (7A) It is also a condition of a fishing permit relating to a fishery that the holder of the permit comply with a direction under section 41A that relates