124Disqualification from obtaining lease

### 124 Disqualification from obtaining lease > > (1)  The following are disqualified from obtaining or holding a lease: > > > > > > (a) [*\[Section 124 Subsection (1) amended by No. 17 of 1996, Applied:15 May 1998\]*](/view/html/inforce/1998-05-15/act-1996-017#AT@EN) [*\[Section 124 Subsection (1) amended by No. 8 of 2007, s. 9, Applied:30 Apr 2007\]*](/view/html/inforce/2007-04-30/act-2007-008#GS9@Hpa@EN) a person to whom 200 or more demerit points have been allocated; > > > > > > > (b) [*\[Section 124 Subsection (1) amended by No. 8 of 2007, s. 9, Applied:30 Apr 2007\]*](/view/html/inforce/2007-04-30/act-2007-008#GS9@Hpb@EN) a person who is or has been a partner in a partnership or a major shareholder in a body corporate to which 200 or more demerit points have been allocated; > > > > > > > (c) a partnership or body corporate which has or had a partner or major shareholder – > > > > > > > > > > (i) [*\[Section 124 Subsection (1) amended by No. 8 of 2007, s. 9, Applied:30 Apr 2007\]*](/view/html/inforce/2007-04-30/act-2007-008#GS9@Hpc@EN) to whom 200 or more demerit points have been allocated; or > > > > > > > > > > > (ii) [*\[Section 124 Subsection (1) amended by No. 8 of 2007, s. 9, Applied:30 Apr 2007\]*](/view/html/inforce/2007-04-30/act-2007-008#GS9@Hpd@EN) who has been a partner of another partnership or major shareholder in another body corporate to which 200 or more demerit points have been allocated. > > > (2)  A major shareholder is a person who holds more than 10% of the issued shares in a partnership or body corporate. > > > (3)  The Secretary, by notice in writing, must notify a person of – > > > > > > (a) any disqualification; and > > > > > > > (b) the date on which the disqualification takes effect. > > > (4)  [*\[Section 124 Subsection (4) amended by No. 8 of 2007, s. 9, Applied:30 Apr 2007\]*](/view/html/inforce/2007-04-30/act-2007-008#GS9@Hpe@EN) A person must transfer, to a person who is not their associate, a lease to which a disqualification relates – > > > > > > (a) within 6 months after receipt of a notice under [subsection (3)](#GS124@Gs3@EN) ; and > > > > > > > (b) in accordance with [Division 4](#HP4@HD4@EN) of [Part 4](#HP4@EN) . > > > (5)  The Minister must cancel a lease which is not transferred under [subsection (4)](#GS124@Gs4@EN) . > > > (6)  [*\[Section 124 Subsection (6) inserted by No. 8 of 2007, s. 9, Applied:30 Apr 2007\]*](/view/html/inforce/2007-04-30/act-2007-008#GS9@Hpf@EN) In this section – > > > > > ***allocated*** means allocated under this Division on one day; > > > > > ***associate*** has the same meaning as in [section 82 of the](/view/html/inforce/2026-04-12/act-1995-025#GS82@EN) [Living Marine Resources Management Act 1995](/view/html/inforce/2026-04-12/act-1995-025) .