Document ID: chunk:federal_register_of_legislation:F2024C01041:body:0:p10
Version: federal_register_of_legislation:F2024C01041
Segment Type: other
Provision Reference: 
Character Range: 21953–24416

the right is published in the Gazette (the Gazette notice); and
 (b) the person requests AFMA to make the grant.
Note 1   Under subs 23 (3) of the Act, AFMA must not grant a statutory fishing right:
 (a) until the end of the period within which applications may be made to the Panel for review of provisional grants; or
 (b) if an application has been made to the Panel — before the application has been dealt with by the Panel or otherwise disposed of.
Note 2   Subsection 30 (2) of the Act provides that a grant ceases to be available to a person if the person does not tender the amount of charge due and payable under the Statutory Fishing Rights Charge Act 1991 within 30 days after the grant becomes available to the person.  At present, there is no charge payable under that Act for statutory fishing rights granted other than by auction or tender.
 (2) Subsection (3) applies if the person does not make the request for the grant within 30 days after the later of:
 (a) the end of the period within which, under section 143 of the Act, applications to the Panel may be made for review of the decision mentioned in subsection 23 (1) of the Act made by AFMA or a Joint Authority in relation to the grant; and
 (b) if an application in relation to the decision is made to the Panel under section 143 of the Act — the day the application is dealt with by the Panel or otherwise disposed of.
 (3) AFMA must send a notice (the reminder notice) to the person telling the person that the person must make the request within the period stated in the notice and indicating the consequences for failure to do so.
 (4) If the person does not make the request within the period stated in the reminder notice, AFMA must send another notice (the final notice) to the person stating that the person's registration will be cancelled if the person does not, within 14 days after the final notice is sent:
 (a) make the request; and
 (b) explain to AFMA why the person did not make the request within the period stated in the reminder notice.
 (5) AFMA must cancel the person's registration as an eligible person if, despite a final notice, the person does not:
 (a) make the request within 14 days after the final notice is sent; and
 (b) have a reasonable excuse for not making the request within the period stated in the reminder notice; and
 (c) explain the excuse to AFMA within 14 days after the final notice is sent.
 (6) If AFMA cancels a person's registration as an