22Under‑expenditure of effort units

22 Under‑expenditure of effort units

(1) This section applies to the holder of a longline SFR if:

(a) in a fishing season (the first season), the holder expends less than the number of effort units to which the holder is entitled for the fishing season (including an expenditure of no effort units); and

(b) in the following fishing season (the second season), the holder is entitled to effort units.

(2) The holder may, during the second season, expend the number of effort units that is the sum of:

(a) the number of effort units to which the holder is entitled for the second season; and

(b) the number of effort units that is the lesser of:

(i) the difference between the number of effort units expended by the holder in the first season and the number of effort units to which the holder was entitled in that season; and

(ii) the determined percentage for the first season.

(3) For subparagraph (2) (b) (ii), the determined percentage is a percentage of the number of effort units to which a holder of a longline SFR is entitled, specified in a determination made by AFMA for the purposes of this section.

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 Although section 46A of the Acts Interpretation Act 1901 has been repealed, section 6 of the Legislative Instruments Act 2003 provides that such an instrument is a disallowable instrument.

Division 4.3 Registration of eligible persons for grant of longline SFRs or minor line SFRs