35IGuidelines of Secretary for priority determinations

35I Guidelines of Secretary for priority determinations

35I Guidelines of Secretary for priority determinations

(1) The Secretary is to issue guidelines for the manner in which priority between endorsement holders fishing in waters to which this Division applies is to be determined.

(2) The guidelines may require endorsement holders to make, from time to time, a determination as to the rights of priority between endorsement holders working in waters to which this Division applies (a priority determination).

(3) Without limiting the above, the guidelines may require a priority determination to be made by ballot (a priority determination ballot) or by some other method specified in the guidelines.

(4) A priority determination for waters to which this Division applies must be made in accordance with the guidelines issued by the Secretary.

(5) A priority determination is to be notified to a fisheries officer in the manner specified in the guidelines issued by the Secretary.

(6) A priority determination, once notified to a fisheries officer, is final and conclusive.

(7) A person must not participate in any priority determination ballot unless the person holds an endorsement authorising the person to take prawns using a prawn net (set pocket) or prawn running net (as the case requires) in the waters to which the priority determination applies.

Maximum penalty—100 penalty units.