sec.79Exception—acting exclusively under authority other than an ‘M1’, ‘T1’ or ‘T2’ fishery symbol

sec.79 Exception—acting exclusively under authority other than an ‘M1’, ‘T1’ or ‘T2’ fishery symbol

It is an exception if— the boat is detected by vessel tracking equipment or manually reported as having moved during the relevant day; and the conditions mentioned in subsection (2) have been complied with. For subsection (1) (b) , the conditions are as follows— the boat is being used during the journey other than under an ‘M1’, ‘T1’ or ‘T2’ fishery symbol; the movement is, or is part of, a journey that started from a defined port area; the holder of the licence or person in control of the boat gave the chief executive notice of the following about the journey before it started— the date and time the journey will start; where the journey will start; the proposed destination; the estimated date and time of arrival at the destination; each authority or fishery symbol under which the boat will be used during the journey; the activities for which the boat will be used during the journey; the date and time the use of the boat under the authority or fishery symbol mentioned in subparagraph (v) will stop; the journey complies, or substantially complies, with the journey stated in the notice; during the whole of the journey— section 80 of the Act is complied with for the boat; and if the boat is being used under an authority that does not permit the use of trawl nets to take fish in the fishery area of the east coast trawl fishery—there are no trawl nets, or fish taken by the use of a trawl net in the fishery area of the east coast trawl fishery, on board the boat. Also— the holder of the licence or person in control may, during the journey, by notice to the chief executive ( amendment notice ), amend a detail given under subsection (2) (b) (iii) , (iv) , (v) or (vi) ; and from the giving of the amendment notice, the condition mentioned in subsection (2) (c) is complied with if the rest of the journey complies, or substantially complies, with the notice given under subsection (2) (b) , as amended under the amendment notice. (sec.79-ssec.1) It is an exception if— the boat is detected by vessel tracking equipment or manually reported as having moved during the relevant day; and the conditions mentioned in subsection (2) have been complied with. (sec.79-ssec.2) For subsection (1) (b) , the conditions are as follows— the boat is being used during the journey other than under an ‘M1’, ‘T1’ or ‘T2’ fishery symbol; the movement is, or is part of, a journey that started from a defined port area; the holder of the licence or person in control of the boat gave the chief executive notice of the following about the journey before it started— the date and time the journey will start; where the journey will start; the proposed destination; the estimated date and time of arrival at the destination; each authority or fishery symbol under which the boat will be used during the journey; the activities for which the boat will be used during the journey; the date and time the use of the boat under the authority or fishery symbol mentioned in subparagraph (v) will stop; the journey complies, or substantially complies, with the journey stated in the notice; during the whole of the journey— section 80 of the Act is complied with for the boat; and if the boat is being used under an authority that does not permit the use of trawl nets to take fish in the fishery area of the east coast trawl fishery—there are no trawl nets, or fish taken by the use of a trawl net in the fishery area of the east coast trawl fishery, on board the boat. (sec.79-ssec.3) Also— the holder of the licence or person in control may, during the journey, by notice to the chief executive ( amendment notice ), amend a detail given under subsection (2) (b) (iii) , (iv) , (v) or (vi) ; and from the giving of the amendment notice, the condition mentioned in subsection (2) (c) is complied with if the rest of the journey complies, or substantially complies, with the notice given under subsection (2) (b) , as amended under the amendment notice.