Fisheries (General) Regulation 2019
sec.67Criteria for suspending or cancelling SM units
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sec.67 Criteria for suspending or cancelling SM units
This section applies in relation to SM units held by a person. An appropriate suspension may be— if the person has taken an amount of spanish mackerel that exceeds the person’s total entitlements under the SM units for the SM year in which the suspension is imposed—suspension for the following SM year of the number of SM units with entitlements equal to the amount by which the entitlements were exceeded; or otherwise—suspension for the SM year in which the suspension is imposed of all the person’s SM units with unused entitlements for the year. An appropriate cancellation may be cancellation for the SM year in which the cancellation is imposed of the number of the person’s SM units with an entitlement equivalent to the amount of spanish mackerel unlawfully taken or possessed by the person in the SM year. (sec.67-ssec.1) This section applies in relation to SM units held by a person. (sec.67-ssec.2) An appropriate suspension may be— if the person has taken an amount of spanish mackerel that exceeds the person’s total entitlements under the SM units for the SM year in which the suspension is imposed—suspension for the following SM year of the number of SM units with entitlements equal to the amount by which the entitlements were exceeded; or otherwise—suspension for the SM year in which the suspension is imposed of all the person’s SM units with unused entitlements for the year. (sec.67-ssec.3) An appropriate cancellation may be cancellation for the SM year in which the cancellation is imposed of the number of the person’s SM units with an entitlement equivalent to the amount of spanish mackerel unlawfully taken or possessed by the person in the SM year.
- (a) if the person has taken an amount of spanish mackerel that exceeds the person’s total entitlements under the SM units for the SM year in which the suspension is imposed—suspension for the following SM year of the number of SM units with entitlements equal to the amount by which the entitlements were exceeded; or
- (b) otherwise—suspension for the SM year in which the suspension is imposed of all the person’s SM units with unused entitlements for the year.