28Suspension and cancellation of quota units

28 Suspension and cancellation of quota units

Suspension of quota units—TRL fishing licence able to be suspended (1) The Minister may, by notice in writing given to a person who holds quota units (whether or not by way of a temporary transfer), suspend some or all of the quota units (including any that the person has temporarily transferred to another person) if: (a) the person holds a TRL fishing licence; and (b) the Minister is satisfied that circumstances exist that would allow the TRL fishing licence to be suspended under subsection 26(1) of the Act.

Note: If the TRL fishing licence is suspended under subsection 26(1) of the Act, the licence holder’s quota units are automatically suspended: see subsection (4) of this section.

(2) If a quota unit is suspended under subsection (1), the suspension, unless it is revoked, ceases on the expiration of one month after the suspension. (3) The Minister may, at any time, by notice in writing given to the person who holds the quota units suspended under subsection (1), revoke the suspension. Effect of suspension of TRL fishing licence on licence holder’s quota units (4) If: (a) a person holds quota units (whether or not by way of a temporary transfer); and (b) the person holds a TRL fishing licence; and (c) the TRL fishing licence is suspended under subsection 26(1) of the Act; the quota units (including any that the person has temporarily transferred to another person) are suspended for the period the TRL fishing licence is suspended. Cancellation of quota units—holder convicted of offence (5) The Minister may, by notice in writing given to a person who holds quota units (whether or not by way of a temporary transfer), cancel some or all of the quota units (including any that the person has temporarily transferred to another person) if the person is convicted of an offence against the Act, regulations made under the Act or any other law of the Commonwealth relating to fishing or against a law of Papua New Guinea or of a State or Territory relating to fishing.

Note: Section 3 of the Act includes a definition of offence against this Act.

Cancellation or suspension of quota units—money owing (6) The Minister may, by notice in writing given to a person who holds quota units (whether or not by way of a temporary transfer), cancel or suspend some or all of the quota units (including any that the person has temporarily transferred to another person) if: (a) any fee, levy, charge or other money payable by the person, in relation to a licence granted under section 19 of the Act or a quota unit, is due; and (b) within such period as is specified in the notice: (i) payment of the fee, levy, charge or other money is not made; or (ii) the person does not enter into an arrangement satisfactory to the Minister in relation to payment of the fee, levy, charge or other money.