56Transfer of licences

56 Transfer of licences (1) This section applies to a fishery licence that is transferable. S. 56(2) amended by No. 68/2016 s. 68(1). (2) The holder of the licence or a registered financial interest in the licence may, together with the proposed transferee, apply to the Victorian Fisheries Authority for the transfer of the licence to the transferee in accordance with the regulations. S. 56(3) amended by Nos 35/2009 s. 60(2), 68/2016 s. 68(2)(a). (3) The Victorian Fisheries Authority must grant an application for the transfer of the licence if— S. 56(3)(a) amended by Nos 35/2009 s. 60(3)(a), 68/2016 s. 68(2)(b). (a) the proposed transferee has satisfied the Victorian Fisheries Authority that he or she is a fit and proper person to hold the licence and satisfies any relevant eligibility criteria; and S. 56(3)(b) amended by Nos 35/2009 s. 60(3)(b), 68/2016 s. 68(2)(b). (b) the Victorian Fisheries Authority is satisfied that the licence is not subject to any action under sections 57 or 58; and S. 56(3)(c) amended by Nos 35/2009 s. 60(3)(c), 68/2016 s. 68(2)(b). (c) in the case of a licence to be transferred by the holder of the licence, the Victorian Fisheries Authority is satisfied that the holders of any registered financial interests in the licence consent to the transfer of the licence; and S. 56(3)(d) amended by Nos 35/2009 s. 60(3)(d), 68/2016 s. 68(2)(c). (d) in the case of a licence to be transferred by the holder of a registered financial interest, the Victorian Fisheries Authority is satisfied that— S. 56(3)(d)(i) amended by No. 68/2016 s. 68(2)(c). (i) the holder of the licence was, within 7 days of the Victorian Fisheries Authority receiving the application, given notice by the Victorian Fisheries Authority of the application to transfer the licence; and (ii) any other holders of a registered financial interest in the licence consent to the transfer. S. 56(4) amended by No. 68/2016 s. 68(3). (4) The Victorian Fisheries Authority must not grant an application for the transfer of the licence if the transfer would be inconsistent with the regulations, a Ministerial direction or a management plan. S. 56(5) amended by No. 68/2016 s. 68(4). (5) In considering whether to transfer the licence, the Victorian Fisheries Authority must also have regard to any relevant recommendations of the Commercial Fisheries Licensing Panel. S. 56(6) amended by No. 68/2016 s. 68(5). (6) The Victorian Fisheries Authority may grant the application for the transfer subject to any conditions the Victorian Fisheries Authority thinks appropriate and that are not inconsistent with the regulations, Ministerial direction or a management plan. S. 56(7) amended by No. 68/2016 s. 68(6). (7) If the Victorian Fisheries Authority considers that the holder of the licence is not complying with any requirement applying to the licence under this Act, the Victorian Fisheries Authority may by notice in writing served on the holder defer the transfer of the licence until the holder satisfies the Victorian Fisheries Authority that the requirement has been complied with or that the holder is taking or has taken all reasonable steps to comply with the requirements of the licence. S. 56(8) amended by No. 68/2016 s. 68(7). (8) The Victorian Fisheries Authority may defer consideration of an application to transfer a licence if— S. 56(8)(a) amended by No. 68/2009 s. 97(Sch. item 58.1). (a) a charge-sheet charging an offence has been filed at a court, but has not been finally dealt with; and (b) the charge, if found proven— (i) may result in the suspension or cancellation of the licence; or (ii) may result in the forfeiture of one or more individual quota units in respect of the licence; or S. 56(8)(b)(iii) amended by No. 68/2016 s. 68(8). (iii) would provide grounds for a finding by the Victorian Fisheries Authority that the person to whom the licence is to be transferred is not a fit and proper person to hold the licence or does not satisfy any relevant eligibility criteria. (9) A copy of any notice served on the holder of a licence in accordance with subsection (3)(d)(i) or (7) must within 7 days of being served on the licence holder be sent to each holder of a registered financial interest in the licence. S. 57 substituted by No. 5/1997