TASIn ForceAct
Living Marine Resources Management Act 1995
76AEligible person
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### 76A Eligible person
> [*\[Section 76A Inserted by No. 24 of 2021, s. 7, Applied:31 Mar 2023\]*](/view/html/inforce/2023-03-31/act-2021-024#GS7@EN)
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> > (1) The categories of licence are as follows:
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> > > > (a) recreational fishing licence;
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> > > > (b) commercial fishing licence;
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> > > > (c) marine farming licence;
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> > > > (d) fish processing licence;
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> > > > (e) handling licence.
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> > (2) A person may apply to the Secretary to be approved as eligible to hold a licence of a particular category.
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> > (3) An application under [subsection (2)](#GS76A@Gs2@EN) must –
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> > > > (a) be made in an approved form; and
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> > > > (b) specify the category of licence to which the application relates; and
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> > > > (c) contain the information required in the approved form; and
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> > > > (d) be accompanied by the prescribed fee.
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> > (4) The Secretary may grant an application for a person to be approved as eligible to hold a licence of a particular category, with or without conditions, or may refuse to grant the application.
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> > (5) The Secretary may only grant an application under [subsection (4)](#GS76A@Gs4@EN) if satisfied that –
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> > > > (a) the applicant is a suitable person to hold a licence of the category specified in the application; and
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> > > > (b) in the case of a natural person who is applying to be eligible to hold a licence of a category, other than the category of licence for recreational fishing, the person is an adult.
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> > (6) If a person’s application to be eligible to hold a licence of a particular category is refused under this section, the person may not make a further application in respect of that category of licence under this section until 12 months has lapsed from the date on which the person’s application was refused.
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> > (7) The Secretary may require a person to –
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> > > > (a) provide such further information as the Secretary considers necessary in order to consider the application; and
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> > > > (b) verify by statutory declaration any information given in connection with an application under this section.
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> > (8) The Secretary may defer a decision on an application under [subsection (2)](#GS76A@Gs2@EN) pending the determination or discontinuation of any proceedings against the applicant for an offence against –
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> > > > (a) this Act; or
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> > > > (b) any other Act that the Secretary considers relevant to the making of the decision; or
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> > > > (c) a corresponding law.