363Allocation of quota

1. Subject to this Act, sections 30, 31, 32, 33, 34, 35, 36, 37, 39, 40, 41, 44, 45, 46, 47, 48, 49, 50A to 50G, 51, 52, 53, 54, and 55 and sections 283 to 296 shall apply to the allocation of quota declared by notice in the Gazette under section 28B of the Fisheries Act 1983 to be subject to the quota management system under Part 2A of that Act on and from a date specified in the notice, being a date on or after 1 October 1996.

2. For the purposes of this section,—

3. any reference in the sections referred to in subsection (1) to a notice made under section 18 shall be read as a reference to the notice under section 28B of the Fisheries Act 1983:
5. any reference in the sections referred to in subsection (1) to quota shares shall be read as referring to individual transferable quota, provisional individual transferable quota, or both, as the case may be:
6. any reference in the sections referred to in subsection (1) to the Registrar of Quota shall be read as a reference to the chief executive, and every reference to the Register of Quota shall be read as a reference to the registers maintained under section 28P of the Fisheries Act 1983, in each case until Part 8 comes into force:
7. the references in sections 35(6) and 39(2) to the quota weight equivalent of 80 000 000 shares shall be read as references to 80% of the total allowable commercial catch:
8. the reference in section 44(1) to 20 000 000 shares of individual transferable quota shall be read as a reference to an amount of individual transferable quota equivalent to 20% of the total allowable commercial catch:
9. the reference in section 44(3)(a) to 80 000 000 quota shares must be read as a reference to an amount of quota equivalent to 80% of the total allowable commercial catch:
10. the reference in section 46 to levies payable under Part 14 or to deemed value amounts shall be read as references to levies payable under the Fisheries Act 1983 and to deemed values demanded under section 28ZD of the Fisheries Act 1983, respectively, until the commencement of Part 14 or Part 4, as the case may be:
11. section 47(1)(a) shall be read as if the words the number of shares the quota weight equivalent of were omitted, and there were substituted the words an amount of individual transferable quota:
12. section 47(1)(b) shall be read as if the words the number of shares that bears the same proportion to the 80 000 000 shares of quota were omitted, and there were substituted the words an amount of individual transferable quota that bears the same proportion to the 80% of the total allowable commercial catch:
13. section 50B(2)(b)(i) must be read as if the words the number of shares the quota weight equivalent of were omitted, and there were substituted the words an amount of quota:
14. the reference in section 50B(2)(b)(ii) to 100 000 000 quota shares must be read as a reference to an amount of quota equivalent to 100% of the total allowable commercial catch:
15. the reference in section 50D(2)(a) to a rate per quota share must be read as a reference to a rate per tonne:
16. the reference in section 50D(2)(b) to 20 000 000 quota shares must be read as a reference to an amount of quota equivalent to 20% of the total allowable commercial catch:
17. the references in sections 50E and 50F(1) to 80 000 000 quota shares must be read as references to an amount of quota equivalent to 80% of the total allowable commercial catch:
18. the reference in section 50F(2) to 80 000 000 must be read as a reference to the number of tonnes that is 80% of the total allowable commercial catch:
19. the reference in section 50G to the rate per quota share must be read as a reference to the rate per tonne:
20. section 53(3)(a) must be read as if the words the number of shares the quota weight equivalent of were omitted, and there were substituted the words an amount of quota:
21. the reference in section 53(3)(b) to 80 000 000 must be read as a reference to the number of tonnes that is 80% of the current total allowable commercial catch:
22. the reference in paragraph (a) of the definition of encumbered in section 2(1)—
    1. to forfeiture under this Act must be read as if it were a reference to forfeiture under section 107B of the Fisheries Act 1983:
    2. to the period of 35 working days referred to in section 62(3) or section 256(3) must be read as a reference to the 30-day period referred to in section 107C of the Fisheries Act 1983.

23. The chief executive shall not notify any person of the matters specified in paragraphs (c) and (d) of section 48(1), but instead shall notify each person of the amount of individual transferable quota or provisional individual transferable quota allocated to that person, as the case may be.

24. Despite section 53(1), in relation to every person to whom this section applies and is entitled to receive a transfer of individual transferable quota under section 52, the chief executive must—

25. calculate the percentage of the total allowable commercial catch the person would have received under section 47 if he or she (and all other persons whose provisional catch history has since been altered) had owned the revised amount of provisional catch history on the date on which quota was allocated for that stock under section 47; and
26. allocate the quota weight equivalent of the percentage calculated under paragraph (a) based on the total allowable commercial catch notified for that stock at the close of the last day of the fishing year in which section 52 applies.