Document ID: chunk:federal_register_of_legislation:C2024C00591:section:39
Version: federal_register_of_legislation:C2024C00591
Segment Type: section
Provision Reference: s 39
Character Range: 137655–139299

39  Cancellation of fishing concessions
 (1) AFMA may, by notice in writing given to the holder of a fishing concession, whether or not it has previously suspended the fishing concession, cancel the concession if:
 (a) the holder of the concession is convicted of an offence against this Act, the regulations or any other law of the Commonwealth relating to fishing or against a law of New Zealand, Papua New Guinea or a State or Territory relating to fishing; or
 (b) to do so would be in accordance with a condition of the concession relating to cancellation of the concession; or
 (c) any fee, levy, charge or other money relating to the concession is not paid or the holder does not enter into an arrangement satisfactory to AFMA in relation to the money within such period as is prescribed after the time at which such fee, levy, charge or other money became due; or
 (d) both of the following conditions are met:
 (i) the concession authorises the use of a boat for fishing for a fish stock covered by a global, regional or subregional fisheries organisation or arrangement;
 (ii) Australia is not involved in the organisation or arrangement and has not agreed to apply measures established by the organisation or arrangement.
Note: Section 98 authorises a court in certain circumstances to cancel a fishing concession.
 (2) If a fishing concession authorises the use of an Australian‑flagged boat for fishing activities in waters wholly or partly beyond the AFZ—the concession is taken, by force of this subsection, to have been cancelled if the boat ceases to be an Australian‑flagged boat.

Division 9—Foreign master fishing licences