Document ID: chunk:federal_register_of_legislation:F2024C01029:front:0:p7
Version: federal_register_of_legislation:F2024C01029
Segment Type: other
Provision Reference: 
Character Range: 15136–17659

of the fishery; or
 (b) receives scallops taken from the area of the fishery.
Note   Paragraph 22 (1) (a) of the Acts Interpretation Act 1901 provides that person includes a body politic or corporate as well as an individual.
Part 2 Statutory fishing rights
Division 1 Right to fish in the fishery
11 Who may fish in the fishery
 (1) Before 1 February 2007, a person may engage in fishing for scallops of a particular species in the area of the fishery only if the person:
 (a) holds, or is acting on behalf of another person who holds, a quota statutory fishing right that allows the person to take scallops of that species and a boat statutory fishing right; and
 (b) is using a boat that is registered as a nominated boat for the boat statutory fishing right and the quota statutory fishing right; and
 (c) is acting in accordance with the statutory fishing rights.
 (2) On or after 1 February 2007, a person may engage in fishing for scallops of a particular species in the area of the fishery only if the person:
 (a) holds, or is acting on behalf of another person who holds, a quota statutory fishing right that allows the person to take scallops of that species; and
 (b) is using the nominated boat for the quota statutory fishing right; and
 (c) is acting in accordance with the statutory fishing right.
12 Quantity of scallops that may be taken
 (1)  Subject to section 14, in a fishing season, the holder of a quota statutory fishing right must not take from the area of the fishery an amount of scallops of a species greater than the quota allocated to the right in relation to that species for the season.
 (2) If the quota allocated to a quota statutory fishing right increases during a fishing season, the holder of the right is taken to have contravened subsection (1) if the amount of scallops of a species taken by the holder before the increase was greater than the quota allocated to the right before the increase.
 (2A) If the quota allocated to a quota statutory fishing right decreases during a fishing season, the holder of the right is exempt from subsection (1) if:
 (a) immediately before the decrease, the amount of scallops of a species taken by the holder during the fishing season was equal to or less than the quota allocated to the right before the decrease; and
 (b) the holder of the right does not take any more scallops of that species after AFMA gives the holder a notice under subsection 28 (4).
Note   The quota allocated to a quota statutory fishing right will increase or decrease