34QFishing business determinations

#### 34Q Fishing business determinations 34Q Fishing business determinations > > (1) The Secretary may, from time to time— > > > > > (a) determine that a business that the Secretary considers to be a separate and identifiable fishing business is a fishing business, and > > > > > (b) determine the components of that fishing business. > > > (2) Such of the following as the Secretary considers to be owned, used, held or acquired in connection with a fishing business may be determined to be a component of the fishing business— > > > > > (a) one or more fishing boats, > > > > > (b) fishing gear, > > > > > (c) any fishing authority held by a person, > > > > > (d) the catch history of any person (determined in accordance with this Act and the regulations). > > > (3) For the purposes of this Act— > > > > > (a) a fishing business is a business determined by the Secretary to be a fishing business under this section, and > > > > > (b) the fishing business is comprised of those components that are determined by the Secretary to be components of the fishing business. > > > (4) The Secretary may, from time to time, amend or revoke a determination under this section by making a further determination. > > > (5) A determination by the Secretary under this section is called a fishing business determination. > > > (6) A fishing business determination is to be made— > > > > > (a) in accordance with such provisions (if any) relating to the making of fishing business determinations as may be contained in the regulations or a management plan for a fishery (or both), and > > > > > (b) in a manner consistent with any guidelines relating to transfers of fishing businesses, approved by the Secretary before the commencement of this section, that had effect in relation to any transfer made before the fishing business transfer rules took effect. > > > (7) The Secretary may make a fishing business determination at any time— > > > > > (a) on his or her own initiative, or > > > > > (b) on an application made, in a form and manner approved by the Secretary, by the person (or persons) who own the business in respect of which the determination is sought. > > > (8) The Secretary is required to give the person (or persons) who own a business that is the subject of a fishing business determination notice in writing of the determination. > > > (9) A reference in this Act to the owner of a fishing business is a reference to the person (or persons) who, from time to time, owns or own a business that is, or has been, determined to be a fishing business by the Secretary under this section. > > **s 34Q:** Ins 2004 No 26, Sch 1 \[5\]. Am 2006 No 18, Sch 1 \[4\].