43Temporary orders

#### 43 Temporary orders (1) The purpose of this section is to enable quick action to be taken: (a) to deal with: (i) emergencies; or (ii) other circumstances where urgent action is required for purposes related to the management of a fishery; or (iii) the maintenance of straddling fish stocks, highly migratory fish stocks or ecologically related fish stocks (within the meaning of the Fish Stocks Agreement) before a plan of management is determined, amended or revoked; or (b) to correct errors or anomalies in a plan of management. (2) If AFMA is satisfied that: (a) it is necessary to take action for the purpose of this section; and (b) the action contemplated is consistent with AFMA’s objectives; and (c) no other action is appropriate; AFMA may make an order, consistent with this Act and the regulations, with respect to: (d) any matter directly or indirectly connected with fishing: (i) in a managed fishery; or (ii) in the AFZ but not in a managed fishery; or (iii) that is the subject of an international agreement and occurs outside the AFZ; or (e) any other matter relating to a managed fishery, being a matter that may be provided for by a plan of management; or (f) any incidental matter. (3) AFMA may at any time make an order cancelling a previous order. (4) An order ceases to have effect: (a) on a day specified in the order; or (b) on being cancelled by another order; or (c) at the end of 6 months after the order is made; whichever is soonest. (5) Subject to subsections (6) and (7), AFMA must not make an order the same in substance as a previous order within 6 months after the previous order has ceased to have effect. (6) While an order is in force, AFMA may make one, and only one, further order the same in substance as the first‑mentioned order. (7) Nothing in subsections (5) and (6) prevents AFMA from making a further order the same in substance as a previous order to deal with a different emergency. (8) AFMA may, by writing under its common seal, delegate its powers under this section to the CEO, but to no other person. (9) If an order is inconsistent with a provision of: (a) a plan of management; or (b) a fishing concession, scientific permit, foreign master fishing licence or fish receiver permit; the order overrides the provision and, to that extent, the provision has no effect. (10) When an order ceases to have effect, any provision overridden by the order revives, subject to this Act, unless the regulations provide otherwise. (11) An order is a legislative instrument.