Document ID: chunk:federal_register_of_legislation:C2024C00591:section:46:p2
Version: federal_register_of_legislation:C2024C00591
Segment Type: section
Provision Reference: s 46 (pt 2/2)
Character Range: 161284–163096

the claim, AFMA must cancel the registration by omitting from the register the entry relating to the claim.
 (4C) If:
 (a) a claim to an interest in a fishing right is registered; and
 (b) an application is made to AFMA for registration of a dealing in respect of the fishing right;
AFMA must not register the dealing unless:
 (c) AFMA has given written notice of the application to the person whose name appears in the register in relation to the claim; and
 (d) either:
 (i) the person has withdrawn the claim under subsection (4B); or
 (ii) 21 days have elapsed since the notice was given to the person.
 (4D) AFMA must register a lease, or transfer of ownership, of a fishing right unless:
 (a) the fishing right is suspended under section 38; or
 (b) the holder of the fishing right:
 (i) is being investigated for a fisheries offence; or
 (ii) has been convicted of a fisheries offence; or
 (c) a levy on the fishing right that is due has not been paid; or
 (d) other circumstances that are prescribed under the regulations exist.
 (4E) Subsection (4D) applies despite the fact that any requirement in a plan of management relating to the lease, or transfer, has not been satisfied.

Documentation of registration of dealings
 (5) If a dealing is registered:
 (a) the copies referred to in paragraph (3)(d) and the summary (if any) lodged under subsection (3A) are to be kept by AFMA; and
 (b) if a summary is not lodged under subsection (3A), the copy of the instrument evidencing the dealing is to be made available for inspection in accordance with this Part; and
 (c) if a summary is lodged under subsection (3A), the summary is to be made available for inspection in accordance with this Part; and
 (d) the original instrument is to be returned to the person who made the application for registration.