38Suspension of fishing concessions

#### 38 Suspension of fishing concessions (1) AFMA may, by written notice given to the holder of a fishing concession, suspend the operation of the concession if: (a) any fee, levy, charge or other money relating to the concession is not paid as it becomes due; or (b) it has reasonable grounds to believe that: (i) there has been a contravention of a condition of the concession; or (ii) in an application under this Act, the holder of the concession made a statement or furnished information that was, to the holder’s knowledge, false or misleading in a material particular, not being an act or omission in relation to which AFMA has previously exercised powers under this subsection; or (c) to do so would be in accordance with a condition of the fishing concession relating to suspension of the concession. (2) Subject to subsections (3) and (3A), where a fishing concession is so suspended (otherwise than for the reason mentioned in paragraph (1)(a)), the suspension, unless it is sooner revoked, ceases: (a) if proceedings for an offence against this Act in relation to the alleged act or omission because of which the concession was suspended are instituted against the holder of the concession, or a person who acted on behalf of the holder of the concession, within one month after the suspension—on completion of the proceedings; or (b) in any other case—at the end of one month after the suspension. (3) AFMA may, by written notice given to the holder of a fishing concession, suspend the fishing concession for such period as is specified in the notice, if the holder of the fishing concession is convicted of an offence against this Act, the regulations or any other law of the Commonwealth relating to fishing or against a law of New Zealand, Papua New Guinea or a State or Territory relating to fishing. (3A) If: (a) a contravention of an international fisheries management measure has led to the imposition on the holder of a fishing concession of sanctions by Australia or a foreign country; and (b) those sanctions have not been complied with; AFMA may, by written notice given to the holder of the concession, suspend the fishing concession until the sanctions are fully complied with. (4) AFMA, by written notice given to the holder of a fishing concession suspended under this section: (a) may revoke the suspension; and (b) if the concession was suspended for the reason mentioned in paragraph (1)(a), must revoke the suspension: (i) if the money is paid; or (ii) if the holder enters into an arrangement mentioned in paragraph 39(c) in relation to the money; or (iii) there is a remission or refund made under the regulations of the whole of the money. > Note: Section 98 authorises a court in certain circumstances to suspend a fishing concession.