12Directions by AFMA (Act s 17 (5A))

12 Directions by AFMA (Act s 17 (5A))

(1) AFMA may direct that fishing is not to be engaged in in the fishery, or in a particular part of the fishery, in a particular period or periods.

Note If AFMA gives a direction for a part of the fishery, the direction may identify the part in any way, including by reference to an area, a particular species or type of fish, a kind or quantity of fishing equipment, a method of fishing, or any combination of those ways — see subsection 17 (5B) of the Act.

(2) Before giving a direction, AFMA must consult, and consider the views of, the advisory committee about the content of the direction.

(3) At least 7 days before a direction takes effect, AFMA must tell the holders of SFRs, fishing permits and scientific permits for the fishery, in writing, about the direction.

(4) However, if a direction is given in an emergency:

(a) subsections (2) and (3) do not apply; and

(b) AFMA must tell the holders of SFRs, fishing permits and scientific permits for the fishery, in writing, about the direction as soon as it can practicably do so.

Note 1 The holder of a statutory fishing right must comply with a direction — see sections 22 and 95 of the Act.

Note 2 Subsection 17 (6B) of the Act provides that a direction under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Although section 46A of the Acts Interpretation Act 1901 has been repealed, section 6 of the Legislative Instruments Act 2003 provides that such an instrument is a disallowable instrument.