Commonwealth Numbered Acts

Fisheries Agreements (Payments) Act 1981 No. 180 of 1981 - SECT 4

4. (1) If there is in force an agreement between Australia and the government
of another country that contains a provision under which licences under
sub-section 9 (2) or (3) of the Fisheries Act 1952 or under sub-section 13 (2)
of the Continental Shelf (Living Natural Resources) Act 1968 are agreed to be
granted in respect of foreign fishing boats if an amount or amounts specified
in the provision is or are paid to Australia (whether or not that amount or
those amounts or any part of that amount or of those amounts is or are to be
paid before the grant of any of the licences), then, notwithstanding anything
contained in those Acts, the Minister or the Secretary to the Department of
Primary Industry shall, in determining whether or not to grant any of the
licences to which the provision relates, have regard only to the terms of the
agreement.

(2) Where-

   (a)  an agreement that contains a provision of a kind referred to in
        sub-section (1) is in force;

   (b)  a licence or licences to which the provision relates has or have been
        granted under sub-section 9 (2) or (3) of the Fisheries Act 1952 or
        under sub-section 13 (2) of the Continental Shelf (Living Natural
        Resources) Act 1968 in respect of a foreign fishing boat or
        foreign fishing boats; and

   (c)  the amount or amounts specified in the provision or any part of that
        amount or of those amounts is not paid to Australia in accordance with
        the terms of the provision, the Minister may, by notice in writing
        given to the holder of a licence of a kind referred to in paragraph
        (b), suspend the licence.

(3) Where the Minister has suspended a licence under sub-section (2), the
Minister shall, by notice in writing given to the holder of the licence,
revoke the suspension if the amount or the amounts the failure to pay which
resulted in the suspension of the licence is or are paid to Australia.
(4) In this section, ''foreign fishing boat'' has the same meaning as in the
Foreign Fishing Boats Levy Act 1981.
------------------------------------------------------------------------------
--