76DReview of approval as eligible person

76D Review of approval as eligible person

[Section 76D Inserted by No. 24 of 2021, s. 7, Applied:31 Mar 2023]

(1)  The Secretary may investigate an eligible person to determine whether the person is a suitable person to hold a licence of the category in respect of which the person is an eligible person at the following times:

(a) in the case of an eligible person who is the holder of a recreational fishing licence, at any time;

(b) in the case of an eligible person who is the holder of a licence other than a recreational fishing licence –

(i) when the person renews the licence; or

(ii) if the person is convicted of an offence under this Act, any other Act or a corresponding law, at that time;

(c) in the case of person who is eligible to hold a licence of a particular category but has not held a licence of that category during the past 2 years, at any time.

(2)  If, following an investigation under subsection (1) , the Secretary determines that an eligible person is not a suitable person to hold a licence of a particular category, the Secretary must notify the person in writing that they are no longer eligible to hold a licence of that category.

(3)  If the Secretary provides a person with written notification under subsection (2) that they are no longer eligible to hold a licence of a particular category, from the date specified in the notice, the following applies:

(a) if the person has been approved as eligible to hold a licence of that category under section 76A , that approval is revoked;

(b) if section 76C applies to that person in respect of a licence of that category, the person is no longer taken to be eligible to hold a licence of that category under that section.

(4)  The Secretary may not notify an eligible person under subsection (2) that they are no longer eligible to hold a licence of a particular category unless the Secretary has –