Document ID: chunk:federal_register_of_legislation:F2024C01053:front:0:p19
Version: federal_register_of_legislation:F2024C01053
Segment Type: other
Provision Reference: 
Character Range: 43351–45857

of old minor line permits or old longline permits is held by an eligible person at the end of the notice period: see section 20A.
27 Serious misfortune affecting availability of SFRs
 (1) If:
 (a) an eligible person holds a sequence of permits; and
 (b) but for this section, fewer SFRs would be available to the eligible person under section 25 or 26 because of a serious misfortune suffered, during the relevant period, by the eligible person or a previous holder of a fishing permit in the sequence;
AFMA may:
 (c) in calculating the number of SFRs to be available to the eligible person under section 25 or 26, as the case requires, calculate the best 2 years' catches of a species of fish under the sequence of permits by using, for the period of the serious misfortune, the average catch of the species in the fishery under all sequences of that kind (old longline or old minor line, as the case may be) during that period; and
 (d) in calculating the number of SFRs to be available to the eligible person under section 26, calculate the best 2 years' sets for the relevant sequence of permits for Step 1 of the definition of SH in subsection 26 (3), by using, for the period of the serious misfortune, the average number of times a longline was set in the fishery under all sequences of old longline permits during that period.
 (2) For subsection (1), serious misfortune, for the holder of an old longline permit or old minor line permit, means a misfortune that, for more than 3 months, prevented the holder:
 (a) obtaining income from fishing under the holder's permit; and
 (b) arranging another way for fishing to be carried out under the permit;
for example, the loss of, or serious damage to, the boat that was nominated for the permit, or a serious illness of, or injury to, the holder.
Note   If the holder of an old longline permit or old minor line permit suffered a serious misfortune that affected the holder's ability to fish under more than 1 permit, the total time of the misfortune is taken into account.
Division 4.2 Grant of SFRs
Note 1   AFMA must grant a statutory fishing right to a person to whom the grant of the right is available if the person asks AFMA to grant the right — see section 31 of the Act.
Note 2   A decision under section 31 of the Act (other than a decision following an auction, tender or ballot) is subject to reconsideration under section 165 of the Act — see subsection 165 (2). Application may be made to the Administrative Review Tribunal for review of