237BAboriginal fishing assistance programs

#### 237B Aboriginal fishing assistance programs 237B Aboriginal fishing assistance programs > > (1) The Minister may approve one or more programs (an Aboriginal fishing assistance program) for the purpose of providing assistance to Aboriginal communities in relation to either or both of the following— > > > > > (a) Aboriginal cultural fishing, > > > > > (b) fishing or fishing-related activities for a commercial purpose (commercial fishing activities). > > > (2) An Aboriginal fishing assistance program may include provision for any or all of the following— > > > > > (a) the making of grants or loans to Aboriginal persons, Aboriginal entities or persons acting on behalf of Aboriginal entities, for the purpose of Aboriginal cultural fishing or commercial fishing activities, > > > > > (b) the acquisition of fishing assets by the Minister, for the purpose of benefiting Aboriginal communities, > > > > > (c) access to, or the use of, those fishing assets by Aboriginal persons or Aboriginal entities. > > > (3) The Minister is to obtain and have regard to the advice or recommendations of any relevant advisory council on Aboriginal fishing before approving an Aboriginal fishing assistance program. > > > (4) The Minister may, for the purpose of giving effect to an Aboriginal fishing assistance program— > > > > > (a) grant or lend money to an Aboriginal person, Aboriginal entity or person acting on behalf of an Aboriginal entity, or > > > > > (b) acquire fishing assets, or > > > > > (c) enter into a contract or other arrangement with an Aboriginal person, Aboriginal entity or person acting on behalf of an Aboriginal entity. > > > (5) Assistance granted under an Aboriginal fishing assistance program may be subject to such terms and conditions as the Minister thinks fit. > > > (6) Loans granted under an Aboriginal fishing assistance program may be subject to interest or interest free, and may be secured or unsecured. > > > (7) Fishing assets acquired under an Aboriginal fishing assistance program are to be held by the Fisheries Administration Ministerial Corporation. > > > (8) Access to, or the use of, fishing assets under an Aboriginal fishing assistance program may be subject to the payment of a fee or otherwise. > > > (9) The Minister may sell any fishing asset held by the Fisheries Administration Ministerial Corporation under an Aboriginal fishing assistance program and exercise any other functions of the owner of a fishing asset. > > > (10) The regulations may make further provision for Aboriginal fishing assistance programs, including by providing for application and assessment processes in relation to a program. > > > (11) In this section— > > > > Aboriginal entity means any partnership, trust, corporation, joint venture, syndicate or other body (whether or not incorporated) that the Minister is satisfied is controlled (including through majority ownership) by Aboriginal persons. > > > > fishing assets means the following— > > > > > (a) shares in a share management fishery, > > > > > (b) any operational items or operating equipment necessary to the function of fishing operations (for example, fishing vessels, fishing gear or hatchery infrastructure), > > > > > (c) any other thing prescribed by the regulations as being included in this definition. > > **s 237B:** Ins 2017 No 56, Sch 1 \[9\]. Am 2018 No 25, Sch 1.11 \[5\]; 2018 No 70, Sch 3.24 \[1\].