Part 15APerformance of services by approved organisations
Fees
296ZAASuspension of permit and refusal of services for non-payment of fees
The chief executive may, by notice in writing, after giving a person prior notice in writing of the chief executive's intention to do so, suspend a fishing permit or licence or fish farmer's registration held by the person or refuse to accept for registration any caveat, mortgage, transfer of annual catch entitlement, or transfer of quota shares, or refuse to accept any application for vessel registration or application for the registration of an automatic location communicator, if—
- the person is liable to pay any fee charged under section 296Z; and
- the person has not paid the fee in full within 2 months after the date on which payment of the fee became due, or within the time allowed under an arrangement with the chief executive, as the case may be.
The chief executive may suspend a fishing permit or licence or fish farmer's registration or refuse to provide the services specified in subsection (1) regardless of whether or not the fee has been charged on the person as a holder of the permit or licence or registration.
If the person holds 2 or more fishing permits or licences, the chief executive may suspend such of the permits or licences as he or she considers appropriate.
A fishing permit or licence or a fish farmer's registration suspended under this section has no effect during the period of the suspension.
Any application for registration of a caveat, mortgage, transfer of annual catch entitlement, or transfer of quota shares, and any application for vessel registration or for the registration of an automatic location communicator is not effective during the period of suspension.
The chief executive must lift a suspension imposed under this section or provide the services that have been refused under this section—
- if the outstanding fee is paid to the chief executive; or
- the chief executive and the person liable to pay the outstanding amount of the fee enter into an arrangement for repayment of that amount.
A court may at any time, on application by the holder of a fishing permit or licence or a fish farmer's registration that has been suspended under this section or a person to whom the services specified in subsection (1) have been refused, make an order lifting the suspension subject to any sureties and conditions specified by the court.
Notes
- Section 296ZAA: inserted, on , by section 54 of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).
- Section 296ZAA(1): amended, on , by section 16(1) of the Fisheries Amendment Act (No 3) 2004 (2004 No 104).
- Section 296ZAA(2): amended, on , by section 16(2)(a) of the Fisheries Amendment Act (No 3) 2004 (2004 No 104).
- Section 296ZAA(2): amended, on , by section 16(2)(b) of the Fisheries Amendment Act (No 3) 2004 (2004 No 104).
- Section 296ZAA(4): amended, on , by section 16(3) of the Fisheries Amendment Act (No 3) 2004 (2004 No 104).
- Section 296ZAA(7): amended, on , by section 16(4) of the Fisheries Amendment Act (No 3) 2004 (2004 No 104).


