{"id":"tas:act-2001-096","name":"Fishing (Licence Ownership and Interest) Registration Act 2001","slug":"fishing-licence-ownership-and-interest-registration-act-2001","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"96 of 2001","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176957,"registerId":"tas-tas:act-2001-096-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Fishing (Licence Ownership and Interest) Registration Act 2001](/view/html/inforce/2026-04-12/act-2001-096) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act commences on a day to be proclaimed.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In this Act –\n> \n> > ***abalone quota licence*** means –\n> > \n> > > > (a) a licence conferred by a deed of agreement; or\n> > > \n> > > > (b) a right assigned under a deed of agreement;\n> \n> > ***abalone quota unit*** means 1/3500th of the total allowable catch of abalone;\n> \n> > ***abalone quota unit number*** means the number allocated to an abalone quota unit under [section 94 of the](/view/html/inforce/2026-04-12/act-1995-025#GS94@EN) [Living Marine Resources Management Act 1995](/view/html/inforce/2026-04-12/act-1995-025) ;\n> \n> > ***approved form*** means a form approved by the Registrar;\n> \n> > ***deed of agreement*** means a deed of agreement relating to abalone –\n> > \n> > > > (a) referred to in [section 99 of the](/view/html/inforce/2026-04-12/act-1995-025#GS99@EN) [Living Marine Resources Management Act 1995](/view/html/inforce/2026-04-12/act-1995-025) ; and\n> > > \n> > > > (b) under the [Fisheries Act 1959](/view/html/inforce/2026-04-12/act-2001-096) and continued in force under the [Marine Resources (Savings and Transitional) Act 1995](/view/html/inforce/2026-04-12/act-1995-024) ;\n> \n> > ***licence*** means –\n> > \n> > > > (a) an abalone quota licence; and\n> > > \n> > > > (b) a relevant licence;\n> \n> > ***record of original entry*** means the record referred to in [section 13](#GS13@EN) ;\n> \n> > ***register*** means the register maintained under [section 9](#GS9@EN) ;\n> \n> > ***Registrar*** means the person appointed under [section 4](#GS4@EN) ;\n> \n> > ***relevant licence*** means –\n> > \n> > > > (a) a fishing licence (giant crab); and\n> > > \n> > > > (b) a fishing licence (rock lobster); and\n> > > \n> > > > (c) any other prescribed licence;\n> \n> > ***total allowable catch*** means the total quantity of a kind or species of fish that may be taken from a fishery as determined under the [Living Marine Resources Management Act 1995](/view/html/inforce/2026-04-12/act-1995-025) .","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Registration of interest","content":"# Part 2 Registration of interest","sortOrder":4},{"sectionNumber":"Division 1","sectionType":"division","heading":"Registrar","content":"## Division 1 Registrar","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Registrar","content":"### 4 Registrar\n\n> > (1)  A Registrar is to be appointed subject to and in accordance with the [State Service Act 2000](/view/html/inforce/2026-04-12/act-2000-085) .\n> \n> > (2)  The function of the Registrar is to keep and maintain the register.","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Delegation","content":"### 5 Delegation\n\n> The Registrar, by instrument in writing, may delegate any of his or her functions or powers, other than this power of delegation.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Immunity from liability","content":"### 6 Immunity from liability\n\n> The Registrar does not incur any personal liability in respect of any act done or omitted to be done in good faith in the performance or exercise, or the purported performance or exercise, of any function or power under this or any other Act.","sortOrder":8},{"sectionNumber":"Division 2","sectionType":"division","heading":"Registration","content":"## Division 2 Registration","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Application for registration","content":"### 7 Application for registration\n\n> > (1)  A person to whom a relevant licence is to be transferred under the [Living Marine Resources Management Act 1995](/view/html/inforce/2026-04-12/act-1995-025) must apply to the Registrar to be registered as the owner of that licence.\n> > \n> > Penalty:  Fine not exceeding 5 penalty units.\n> \n> > (2)  A person to whom an abalone quota licence is to be assigned must apply to the Registrar to be registered as the owner of that licence.\n> > \n> > Penalty:  Fine not exceeding 5 penalty units.\n> \n> > (3)  The holder of a licence, with the consent of any person registered as having an interest in that licence, may apply to the Registrar for another person specified in the application to be registered as having an interest in that licence.\n> \n> > (4)  A person claiming to have an interest in a licence may apply to the Registrar to be registered as having that interest.\n> \n> > (5)  An application is to be –\n> > \n> > > > (a) in an approved form; and\n> > > \n> > > > (b) in the case of an application under [subsections (2)](#GS7@Gs2@EN) and [(3)](#GS7@Gs3@EN) , accompanied by the relevant record of original entry; and\n> > > \n> > > > (c) accompanied by the prescribed fee.","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Registration","content":"### 8 Registration\n\n> > (1)  The Registrar, within 21 days after receipt of an application by a person under [section 7(1)](#GS7@Gs1@EN) and payment of the prescribed fee, is to –\n> > \n> > > > (a) register the person as the owner of the licence if satisfied that the licence has been transferred to that person under the [Living Marine Resources Management Act 1995](/view/html/inforce/2026-04-12/act-1995-025) ; or\n> > > \n> > > > (b) refuse to register the person as the owner of the licence if not so satisfied.\n> \n> > (2)  The Registrar, within 21 days after receipt of an application by a person under [section 7(2)](#GS7@Gs2@EN) and payment of the prescribed fee, is to –\n> > \n> > > > (a) register the person as the owner of the licence if satisfied that the licence has been assigned to the person under a deed of agreement; or\n> > > \n> > > > (b) refuse to register the person as the owner of the licence if not so satisfied.\n> \n> > (3)  The Registrar, within 21 days after receipt of an application under [section 7(3)](#GS7@Gs3@EN) and payment of the prescribed fee, is to –\n> > \n> > > > (a) register the person specified in the application as having the interest specified in the application if satisfied that the person has that interest; or\n> > > \n> > > > (b) refuse to register the person as having that interest if not so satisfied.\n> \n> > (4)  The Registrar, within 21 days after receipt of an application by a person under [section 7(4)](#GS7@Gs4@EN) and payment of the prescribed fee, is to –\n> > \n> > > > (a) register the person as having the interest in a licence as specified in the application if satisfied that the person has that interest; or\n> > > \n> > > > (b) refuse to register the person as having an interest in that licence if not so satisfied.\n> \n> > (5)  The Registrar, within 7 days after registering or refusing to register any matter under this section, by notice in writing, is to notify each applicant and any other person registered as having an interest in an application under [section 7](#GS7@EN)  –\n> > \n> > > > (a) of any matter registered under this section; or\n> > > \n> > > > (b) of any refusal to register the matter.","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Register","content":"### 9 Register\n\n> > (1)  The Registrar is to maintain a register in any form, including in an electronic format.\n> \n> > (2)  The register is to contain the following:\n> > \n> > > > (a) the name and address of the owner of a licence or person having an interest in a licence;\n> > > \n> > > > (b) the date of registration;\n> > > \n> > > > (c) in the case of an abalone quota licence –\n> > > > \n> > > > > > (i) the number of each abalone quota unit attached to that licence; and\n> > > > > \n> > > > > > (ii) the number of the abalone quota unit to which the interest relates; and\n> > > > > \n> > > > > > (iii) details of the deed of agreement to which the abalone quota unit and the interest relate;\n> > > \n> > > > (d) in the case of a relevant licence –\n> > > > \n> > > > > > (i) the type of the licence; and\n> > > > > \n> > > > > > (ii) the number of quota units that are permanently held on the licence; and\n> > > > > \n> > > > > > (iii) the number of quota units to which the interest relates;\n> > > \n> > > > (e) any of the above details relevant to a person taken to be registered under [clause 2](#JS1@GC2@EN) of [Schedule 1](#JS1@EN) ;\n> > > \n> > > > (f) any of the above details relevant to a person taken to be registered under [clause 3](#JS1@GC3@EN) of [Schedule 1](#JS1@EN) ;\n> > > \n> > > > (g) the date of any variation to an entry in the register;\n> > > \n> > > > (h) any other matter the Registrar considers appropriate.\n> \n> > (3)  The Registrar is to make the register available for public inspection during normal business hours.\n> \n> > (4)  [*\\[Section 9 Subsection (4) amended by No. 24 of 2021, s. 25, Applied:31 Mar 2023\\]*](/view/html/inforce/2023-03-31/act-2021-024#GS25@EN) The Registrar, on application and payment of the prescribed fee, may provide a copy of an entry in, or an extract from, the register in electronic or printed form.\n> \n> > (5)  A copy of an entry in, or an extract from, the register –\n> > \n> > > > (a) is to be signed by the Registrar; or\n> > > \n> > > > (b) is to bear a facsimile of the Registrar's signature.","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Cancellation or variation by application","content":"### 10 Cancellation or variation by application\n\n> > (1)  A person who is registered as the owner of a licence, with the consent of any other person registered as having an interest in that licence, may apply to the Registrar to –\n> > \n> > > > (a) cancel the entry in the register in relation to that licence; or\n> > > \n> > > > (b) vary any details of that entry.\n> \n> > (2)  An application is to be –\n> > \n> > > > (a) in an approved form; and\n> > > \n> > > > (b) accompanied by the prescribed fee.\n> \n> > (3)  The Registrar, on receipt of an application and on payment of the prescribed fee, may –\n> > \n> > > > (a) subject to [subsection (4)](#GS10@Gs4@EN) , cancel the entry in the register; or\n> > > \n> > > > (b) vary the entry in the register.\n> \n> > (4)  The Registrar is not to cancel an entry in the register in relation to the ownership of a licence unless –\n> > \n> > > > (a) in relation to a relevant licence, the Minister has granted an application for the transfer of the licence under [section 82 of the](/view/html/inforce/2026-04-12/act-1995-025#GS82@EN) [Living Marine Resources Management Act 1995](/view/html/inforce/2026-04-12/act-1995-025) ; or\n> > > \n> > > > (b) in relation to an abalone quota licence, the Secretary has accepted an assignment of rights under a deed of agreement in relation to the abalone quota licence.\n> \n> > (5)  The Registrar, by notice in writing, is to notify the person registered as the owner of a licence and any other person registered as having an interest in that licence of any cancellation or variation of an entry in the register relating to that licence.","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Amendment or cancellation by Registrar","content":"### 11 Amendment or cancellation by Registrar\n\n> > (1)  The Registrar may amend the register to ensure that the register is an accurate record.\n> \n> > (2)  The Registrar is to cancel every entry in the register in relation to a licence under the [Living Marine Resources Management Act 1995](/view/html/inforce/2026-04-12/act-1995-025)  –\n> > \n> > > > (a) on the surrender or cancellation of the licence; or\n> > > \n> > > > (b) 60 days after the licence has expired and an application for the grant of a new licence has not been made under that Act; or\n> > > \n> > > > (c) if an application for the renewal of the licence has been refused and the licence has expired.\n> \n> > (3)  The Registrar, by notice in writing, is to notify the owner of a licence and each person registered as having an interest in a licence of any amendment or cancellation of an entry in the register relating to the licence.","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Entry in register","content":"### 12 Entry in register\n\n> An entry in the register specifying that a person has an interest in a licence does not give that interest any force that it would not have had if this Act had not been enacted.","sortOrder":15},{"sectionNumber":"Division 3","sectionType":"division","heading":"Record of original entry","content":"## Division 3 Record of original entry","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"Record of original entry","content":"### 13 Record of original entry\n\n> > (1)  As soon as practicable after the commencement of this Act, the Registrar is to issue a record of original entry in respect of each abalone quota unit specified in an abalone quota licence to the holder of that licence.\n> \n> > (2)  The record of original entry is to specify the following:\n> > \n> > > > (a) the name and address of the holder of the abalone quota licence;\n> > > \n> > > > (b) the abalone quota unit number to which the record relates;\n> > > \n> > > > (c) details of the original deed of agreement to which the abalone quota unit relates;\n> > > \n> > > > (d) the date of issue of the record;\n> > > \n> > > > (e) the details of any entry in the register relating to an interest in the abalone quota licence in respect of that abalone quota unit;\n> > > \n> > > > (f) any other details the Registrar considers appropriate.\n> \n> > (3)  A record of original entry –\n> > \n> > > > (a) is to be signed by the Registrar; or\n> > > \n> > > > (b) is to bear a facsimile of the Registrar's signature.\n> \n> > (4)  [*\\[Section 13 Subsection (4) inserted by No. 24 of 2021, s. 26, Applied:31 Mar 2023\\]*](/view/html/inforce/2023-03-31/act-2021-024#GS26@EN) The Registrar may, at the Registrar’s discretion, issue a replacement record of original entry in electronic form.\n> \n> > (5)  [*\\[Section 13 Subsection (5) inserted by No. 24 of 2021, s. 26, Applied:31 Mar 2023\\]*](/view/html/inforce/2023-03-31/act-2021-024#GS26@EN) If the Registrar issues a replacement record of original entry under [subsection (4)](#GS13@Gs4@EN) , the Registrar is to notify each person holding an interest to which the record of original entry relates.\n> \n> > (6)  [*\\[Section 13 Subsection (6) inserted by No. 24 of 2021, s. 26, Applied:31 Mar 2023\\]*](/view/html/inforce/2023-03-31/act-2021-024#GS26@EN) If the Registrar issues a replacement record of original entry under [subsection (4)](#GS13@Gs4@EN) , the holder of the record of original entry must return to the Registrar the record of original entry that is being replaced as soon as practicable after receiving the replacement record of original entry.\n> > \n> > Penalty:  Fine not exceeding 5 penalty units.","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Lost or damaged record of original entry","content":"### 14 Lost or damaged record of original entry\n\n> > (1)  The holder of a record of original entry may apply to the Registrar for a replacement record of original entry if the original record of original entry is lost or damaged.\n> \n> > (2)  An application is to be –\n> > \n> > > > (a) in an approved form; and\n> > > \n> > > > (b) accompanied by proof of identity; and\n> > > \n> > > > (c) accompanied by a statutory declaration in respect of the facts and circumstances of the loss or damage; and\n> > > \n> > > > (d) accompanied by the prescribed fee.\n> \n> > (3)  On receipt of an application and payment of the prescribed fee, the Registrar is to –\n> > \n> > > > (a) [*\\[Section 14 Subsection (3) amended by No. 24 of 2021, s. 27, Applied:31 Mar 2023\\]*](/view/html/inforce/2023-03-31/act-2021-024#GS27@EN) issue, in electronic or printed form, a replacement record of original entry clearly marked as such; and\n> > > \n> > > > (b) notify each person holding an interest to which the record of original entry relates.","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Evidence","content":"### 15 Evidence\n\n> > (1)  A copy of an entry in, or an extract from, the register provided under [section 9(4)](#GS9@Gs4@EN) is evidence of the facts contained in it.\n> \n> > (2)  A record of original entry is evidence of the facts contained in it.","sortOrder":19},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous","sortOrder":20},{"sectionNumber":"16","sectionType":"section","heading":"Applications for review","content":"### 16 Applications for review\n\n> [*\\[Section 16 Substituted by No. 68 of 2003, Sched. 1, Applied:15 Dec 2003\\]*](/view/html/inforce/2003-12-15/act-2003-068#JS1@Ja2@GC1@EN)\n> \n> > (1)  [*\\[Section 16 Subsection (1) amended by No. 7 of 2025, s. 105, Applied:01 Jul 2025\\]*](/view/html/inforce/2025-07-01/act-2025-007#GS105@Hpa@EN) A person who holds or claims to hold an interest in a licence may apply to the Tasmanian Civil and Administrative Tribunal for a review of –\n> > \n> > > > (a) an entry in the register relating to that licence; or\n> > > \n> > > > (b) a refusal to register under [section 8(4)(b)](#GS8@Gs4@Hpb@EN) ; or\n> > > \n> > > > (c) the cancellation of an entry in the register relating to that licence; or\n> > > \n> > > > (d) the variation of an entry in the register relating to that licence.\n> \n> > (2)  [*\\[Section 16 Subsection (2) amended by No. 7 of 2025, s. 105, Applied:01 Jul 2025\\]*](/view/html/inforce/2025-07-01/act-2025-007#GS105@Hpb@EN) In addition to its powers under the [Tasmanian Civil and Administrative Tribunal Act 2020](/view/html/inforce/2026-04-12/act-2020-024) , the Tasmanian Civil and Administrative Tribunal may order the Registrar to –\n> > \n> > > > (a) cancel an entry in the register; or\n> > > \n> > > > (b) make an entry in the register; or\n> > > \n> > > > (c) re-enter a cancelled entry in the register; or\n> > > \n> > > > (d) make or omit a specified variation of an entry in the register.","sortOrder":21},{"sectionNumber":"17.","sectionType":"section","heading":null,"content":"### 17.\n\n[*\\[Section 17 Repealed by No. 68 of 2003, Sched. 1, Applied:15 Dec 2003\\]*](/view/html/inforce/2003-12-15/act-2003-068#JS1@Ja2@GC1@EN)","sortOrder":22},{"sectionNumber":"18","sectionType":"section","heading":"Signature of Registrar","content":"### 18 Signature of Registrar\n\n> [*\\[Section 18 Substituted by No. 24 of 2021, s. 28, Applied:31 Mar 2023\\]*](/view/html/inforce/2023-03-31/act-2021-024#GS28@EN)\n> \n> > (1)  The signature of the Registrar may be in electronic form and may be applied electronically.\n> \n> > (2)  All courts and persons acting judicially must take judicial notice of –\n> > \n> > > > (a) the signature of a person who is or has been the Registrar; and\n> > > \n> > > > (b) the fact that the person holds or has held the office of Registrar.","sortOrder":23},{"sectionNumber":"19","sectionType":"section","heading":"False and misleading statements","content":"### 19 False and misleading statements\n\n> A person, in making an application or providing information or any document, must not –\n> \n> > > (a) make a statement knowing it to be false or misleading; or\n> > \n> > > (b) omit any matter knowing that without that matter the application, information or document is false or misleading.\n> \n> Penalty:  Fine not exceeding 500 penalty units or imprisonment for a term not exceeding 12 months.","sortOrder":24},{"sectionNumber":"20","sectionType":"section","heading":"Compensation not payable","content":"### 20 Compensation not payable\n\n> Compensation is not payable in respect of anything done or omitted to be done in good faith by the Registrar in the performance or exercise, or purported performance or exercise, of a function or power under this Act.","sortOrder":25},{"sectionNumber":"21","sectionType":"section","heading":"Regulations generally","content":"### 21 Regulations generally\n\n> > (1)  The Governor may make regulations for the purpose of this Act.\n> \n> > (2)  Regulations may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations.\n> \n> > (3)  The regulations may –\n> > \n> > > > (a) provide that a contravention of, or a failure to comply with, any of the regulations is an offence; and\n> > > \n> > > > (b) in respect of such an offence, provide for the imposition of a fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues.\n> \n> > (4)  The regulations may authorise any matter to be determined, applied or regulated by the Registrar.","sortOrder":26},{"sectionNumber":"22","sectionType":"section","heading":"Regulations relating to fees","content":"### 22 Regulations relating to fees\n\n> > (1)  The Governor may make regulations prescribing fees and charges in respect of any matter under this Act.\n> \n> > (2)  Regulations made under this section may –\n> > \n> > > > (a) prescribe a fee –\n> > > > \n> > > > > > (i) specifying a set amount; or\n> > > > > \n> > > > > > (ii) specifying a rate or proportion by which the fee is to be calculated; or\n> > > \n> > > > (b) prescribe any other method of calculating the fee.","sortOrder":27},{"sectionNumber":"23","sectionType":"section","heading":"Administration of Act","content":"### 23 Administration of Act\n\n> Until provision is made in relation to this Act by order under [section 4 of the](/view/html/inforce/2026-04-12/act-1990-004#GS4@EN) [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/act-1990-004)  –\n> \n> > > (a) the administration of this Act is assigned to the Minister for Primary Industries, Water and Environment; and\n> > \n> > > (b) the department responsible to the Minister for Primary Industries, Water and Environment in relation to the administration of this Act is the Department of Primary Industries, Water and Environment.","sortOrder":28},{"sectionNumber":"24","sectionType":"section","heading":"Savings and transitional provisions","content":"### 24 Savings and transitional provisions\n\n> The savings and transitional provisions set out in [Schedule 1](#JS1@EN) have effect.\n\n*\n\n**25.**   \n\n> The amendments effected by this section have been incorporated into the authorised version of the [Living Marine Resources Management Act 1995](/view/html/inforce/2026-04-12/act-1995-025) .\n\n*","sortOrder":29},{"sectionNumber":"25.","sectionType":"section","heading":null,"content":"### 25.\n\n> The amendments effected by this section have been incorporated into the authorised version of the [Living Marine Resources Management Act 1995](/view/html/inforce/2026-04-12/act-1995-025) .","sortOrder":30},{"sectionNumber":"SCHEDULE 1 - Savings and trans","sectionType":"part","heading":"SCHEDULE 1 - Savings and transitional provisions","content":"# SCHEDULE 1 - Savings and trans SCHEDULE 1 - Savings and transitional provisions\n\n[Section 9(2)(e)](#GS9@Gs2@Hpe@EN) and [(f)](#GS9@Gs2@Hpf@EN) and  [24](#GS24@EN)\n\n> **1.   **Interpretation****\n> \n> > In this Schedule,\n> > \n> > > ***commencement day*** means the day on which this Act commences.\n\n> **2.   **Registration under [Living Marine Resources Management Act 1995](/view/html/inforce/2026-04-12/act-1995-025)****\n> \n> > > (1) The holder of a relevant licence whose name appears as the holder of that licence in the register kept under [section 298 of the](/view/html/inforce/2026-04-12/act-1995-025#GS298@EN) [Living Marine Resources Management Act 1995](/view/html/inforce/2026-04-12/act-1995-025) immediately before the commencement day is, on that day, taken to be registered as the owner of that licence under this Act.\n> > \n> > > (2) The holder of an abalone quota licence whose name appears as the holder of that licence in the register kept under [section 298 of the](/view/html/inforce/2026-04-12/act-1995-025#GS298@EN) [Living Marine Resources Management Act 1995](/view/html/inforce/2026-04-12/act-1995-025) immediately before the commencement day is, on that day, taken to be registered as the owner of that licence under this Act.\n\n> **3.   **Registered interest in deed of agreement****\n> \n> > A person with an interest in a deed of agreement whose name appears as the person whose interest is registered on the register of interests kept under [section 103 of the](/view/html/inforce/2026-04-12/act-1995-025#GS103@EN) [Living Marine Resources Management Act 1995](/view/html/inforce/2026-04-12/act-1995-025) immediately before the commencement day is, on that day, taken to be registered as having that interest under this Act.","sortOrder":31}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act's core purpose—registering ownership and interests in certain fishing licences—remains, but subsequent and incorporated amendments broaden administrative and evidentiary mechanisms. Key changes in the text authorize electronic records and signatures (ss 13(4)-(6), 18), updated procedures for replacement records and copies (ss 9(4), 14(3)), and an amended review route and powers for the Tasmanian Civil and Administrative Tribunal (s 16, substituted). Transitional clauses (Schedule 1) import prior registrations onto the new register. These changes alter how the scheme is administered and how evidence is produced, without expanding the substantive classes of licences covered in the Act."},"complexity_factors":["Extensive cross-references to the Living Marine Resources Management Act 1995 for transfer/assignment validation (see ss 3 definitions, 7, 8, 10, 11).","Multiple licence types and bespoke data requirements (abalone quota unit numbers, deed details, quota-unit counts) increase record detail (see s 3, s 9(2)(c)-(d)).","Registrar discretion and administrative powers (appointment, delegation, amendment, cancellation, issuing replacement records) concentrate operational decision-making (see ss 4, 5, 11, 13).","Fixed statutory timeframes for Registrar action (21 days for registration decisions; 7 days for notice) create compliance timing constraints (see s 8(1)-(5)).","Transitional and savings provisions automatically carry existing registrations into the new register, adding a migration layer (Schedule 1).","Regulatory delegation for fees, offences and other details delegates substantive design choices to regulations and Registrar determinations (see ss 21-22).","Electronic document and signature provisions change evidence and delivery modes, raising implementation considerations (see ss 13(4)-(6), 18).","Appeal and review route to the Tasmanian Civil and Administrative Tribunal adds procedural complexity and remedies (see s 16).","Criminal and civil consequences: fines for non-registration, false or misleading statements, and exclusions from compensation for Registrar acts raise legal risk (see ss 7 penalties, 19, 20).","Public access and extracting register entries (inspection, certified copies, prescribed fees) implicate disclosure and administrative burden (see s 9(3)-(5))."],"plain_english_summary":"This Act establishes a Tasmanian register of ownership and interests for specified fishing licences (including abalone quota licences, giant crab and rock lobster). It requires transferees and assignees to apply, empowers a Registrar to keep the public register and issue records (including electronic), permits fees and penalties, and allows review by the Tasmanian Civil and Administrative Tribunal. Applicants pay prescribed fees; the Registrar and, where linked to other Acts, Minister/Secretary decisions determine whether entries are made (see ss 4, 7, 9, 16, 22)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears to remain focused on its original purpose of establishing and maintaining a registration system for fishing licence ownership and interests. While there have been amendments (particularly around electronic processes and tribunal references in 2021 and 2025), these are modernising updates rather than scope expansion. The core function — creating a Torrens-like register for fishing licences — has not been extended to other fisheries or purposes beyond the original abalone, rock lobster, and giant crab licences."},"complexity_factors":["Moderate cross-referencing: Heavy reliance on the Living Marine Resources Management Act 1995 for definitions and operational context (sections 3, 7, 8, 10, 11)","Nested definitions: 9 defined terms in section 3, with some definitions referring to other defined terms (e.g., 'licence' includes 'abalone quota licence' and 'relevant licence', which themselves have sub-definitions)","Multiple licence types with different rules: Abalone quota licences (assigned under deeds) vs. 'relevant licences' (giant crab, rock lobster, prescribed licences) have different registration triggers and requirements","Conditional logic in registration: Section 8 contains four parallel but distinct registration pathways with different satisfaction criteria and 21-day timeframes","Transitional provisions: Schedule 1 contains savings provisions that automatically migrate existing registrations from the old Act to the new system","Amendment history visible: Multiple amendment notes embedded in text (2003, 2021, 2025) showing evolution of provisions, particularly around electronic signatures and tribunal references","Delegated legislation: Sections 21-22 provide broad regulation-making powers including fee-setting and offence creation"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a **public register** (like an official record book) for who owns and who has financial interests in certain Tasmanian fishing licences. Think of it like a land titles office, but for fishing rights instead of property.\n\n**Who it affects:**\n\n- **Commercial fishers** who hold licences for abalone, giant crab, or rock lobster fisheries\n- **Banks and financiers** who lend money against fishing licences as security (like a mortgage on a house)\n- **Anyone buying or selling** these valuable fishing licences\n- The **Registrar** — a government officer appointed to maintain the register\n\n**How it works:**\n\n- **Mandatory registration:** If you buy or transfer a fishing licence, you **must** apply to be registered as the owner within a set timeframe, or face a fine (up to 5 penalty units)\n- **Recording interests:** People with financial claims over licences (like banks holding them as security) can register their interest, protecting their rights\n- **Public access:** Anyone can inspect the register during business hours, and can buy certified copies of entries\n- **Special documents:** For abalone quota units, the Registrar issues a \"record of original entry\" — a formal certificate proving ownership, with replacements available if lost\n\n**Why it matters:**\n\nFishing licences in Tasmania can be worth hundreds of thousands or even millions of dollars. This law:\n- **Prevents disputes** by creating clear, public records of who owns what\n- **Protects lenders** by letting them register security interests (so they know their loan is backed by real assets)\n- **Stops secret sales** — you can't secretly sell a licence to someone else without updating the register\n- **Provides certainty** for buyers, sellers, and the fishing industry generally\n\n**Key protections:**\n- The Registrar has **immunity** from personal liability for honest mistakes\n- **False statements** carry heavy penalties (up to 500 penalty units or 12 months jail)\n- **Review rights:** If you disagree with a registration decision, you can appeal to the Tasmanian Civil and Administrative Tribunal\n\n**Important note:** Registering an interest doesn't *create* the interest — it just records it. Your legal rights come from your contract or deed, not from this register (section 12)."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available information, the Act appears to remain focused on its original purpose: registering ownership of and interests in Tasmanian fishing licences. No evidence of scope expansion beyond the original intent is apparent from the provided text, though amendments have been made since 2001 (as indicated by the Table of Amendments reference)."},"complexity_factors":["Involves a specialised registration scheme requiring understanding of both property law concepts (ownership, security interests) and fisheries regulation","Intersection of commercial law (secured interests, priorities between creditors) and natural resources law","Applies to a niche industry (commercial fishing) with its own regulatory framework under separate Tasmanian fisheries legislation","Full operative provisions were not provided, limiting assessment — actual complexity may be higher if the registration procedures and priority rules are detailed","Relatively narrow and focused in scope, which limits overall complexity"],"plain_english_summary":"This Tasmanian Act establishes a public registration system for fishing licences, recording who owns a licence and any third‑party financial interests (like lender security). It affects commercial fishers, lenders, buyers/sellers and administrators. By treating licences as registrable assets, it clarifies ownership, exposes encumbrances, reduces risk in transactions, and protects financiers’ interests — like a land title system but for fishing licences."}},"importantCases":[],"_links":{"self":"/api/acts/fishing-licence-ownership-and-interest-registration-act-2001","history":"/api/acts/fishing-licence-ownership-and-interest-registration-act-2001/history","analysis":"/api/acts/fishing-licence-ownership-and-interest-registration-act-2001/analysis","conflicts":"/api/acts/fishing-licence-ownership-and-interest-registration-act-2001/conflicts","importantCases":"/api/acts/fishing-licence-ownership-and-interest-registration-act-2001/important-cases","documents":"/api/acts/fishing-licence-ownership-and-interest-registration-act-2001/documents"}}