112Renewal of commercial fishing licence

#### 112 Renewal of commercial fishing licence 112 Renewal of commercial fishing licence > > (1) The holder of a commercial fishing licence may apply in writing to the Minister for the renewal of the licence. > > > (2) An application for the renewal must nominate one of the following terms of duration for the licence— > > > > > (a) 1 year, > > > > > (b) 5 years, > > > > > (c) 10 years. > > > (2A) The fee for an application for the renewal is the amount specified in Schedule 6. > > > (2B) The Minister may renew a licence for— > > > > > (a) the nominated term, or > > > > > (b) if satisfied that it is in the public interest—a term that is shorter than the nominated term. > > > (2C) If the Minister renews a licence for a shorter term, the Minister must refund the applicant a proportionate amount of the application fee. > > > (3) The Minister may refuse to renew the licence if— > > > > > (a) the applicant has been convicted of an offence under the Act or the regulations or an offence relating to commercial fishing operations under the law of the Commonwealth, another State, a Territory or New Zealand, or > > > > > (b) the applicant has been convicted of an offence relating to the theft of fish, fishing gear or a boat or intentional damage to fishing gear or a boat, or > > > > > (c) the applicant has been convicted of an offence relating to an assault on a fisheries official, or > > > > > (d) the applicant has, in the opinion of the Minister, contravened a condition of the licence or of an endorsement on that licence or of an approval granted under section 37 of the Act, or > > > > > (e) the application for renewal of the licence is received by the Minister after the expiry date of the licence, or > > > > > (f) the applicant has made a statement in connection with the application for renewal of the licence that is, in the opinion of the Minister, false or misleading in a material particular, or > > > > > (g) the applicant has been convicted of an offence under the [Marine Estate Management Act 2014](/view/html/inforce/current/act-2014-072) or the regulations made under that Act, or > > > > > (h) the applicant has been required to forfeit any shares in a share management fishery under the Act, or > > > > > (i) the applicant is not authorised, by or under section 103 (2) of the Act, to hold a commercial fishing licence, or > > > > > (j) the applicant has not paid any fee or contribution due and payable in connection with the renewal of the licence. > > > (4) (Repealed) > > > (5) If an application is duly made for renewal of a commercial fishing licence and is received by the Minister before the expiration of the period in which it remains in force, and the licence is not renewed before the expiration of that period, the licence— > > > > > (a) is taken to continue in force until the licence is renewed or the application for renewal is refused, and > > > > > (b) may be renewed despite the fact that, but for this subclause, the licence would have expired. > > > (6) An application for renewal of a commercial fishing licence received by the Minister after the expiry date of the licence may be treated as an application for the issue of a commercial fishing licence, and in such a case the fee payable in respect of the application is the fee for the application for the issue of a commercial fishing licence under clause 109. > > **cl 112:** Am 2022 (688), Sch 3\[2\] \[8\] \[9\].