15Transition to TAF Committee fishing determinations

15 Transition to TAF Committee fishing determinations

15 Transition to TAF Committee fishing determinations

(1) The Minister may, during the transition period, give directions to the Secretary as to the matters to which the Secretary is to have regard in making any TAE determination for the fishery that the Secretary is required to make during the transition period.

(2) A direction may exempt the Secretary from the requirement to have regard to a scientific assessment in making a TAE determination, in which case section 40M (1) of the Act does not apply to the TAE determination.

(3) The direction is to be given by order in writing.

(4) The Minister may give a direction under this clause only if the Minister is of the opinion that the direction is necessary to facilitate the structural adjustment of the fishery to TAF Committee fishing determinations.

(5) Without limiting subclause (1), a direction may require the Secretary to have regard to the following—

(a) historical catch or fishing effort in the fishery,

(b) the objective of gradually transitioning the fishery to TAF Committee fishing determinations.

(6) The Secretary is to make any TAE determination that the Secretary is required to make for the fishery during the transition period in accordance with any direction given by the Minister under this clause.

(7) In this clause, TAF Committee fishing determination means a fishing determination made by the TAF Committee under Division 2 of Part 2A of the Act.