Commonwealth Numbered Acts

Fishing Legislation Amendment Act 1985 No. 29 of 1985 - SECT 10

10. (1) Section 9A of the Principal Act is amended-

   (a)  by omitting sub-sections (1), (2) and (3) and substituting the
        following sub-sections:



"(1) The Minister or the Secretary may, by notice in writing given to the
holder of a licence granted under section 9, suspend the licence if the
Minister or the Secretary, as the case may be, has reasonable grounds to
believe that-

   (a)  there has been a contravention of, or a failure to comply with, a
        condition to which the licence is subject;

   (b)  a person, being the holder of the licence or a person acting on behalf
        of the holder of the licence, has done an act that the person was
        prohibited from doing by a notice in force under sub-section 8 (1); or

   (c)  in an application under this Act, the regulations or a plan of
        management relating to the licence, the holder of the licence made a
        statement or furnished information that was, to the holder's
        knowledge, false or misleading in a material particular,
not being an act or omission in relation to which the Minister or the
Secretary, as the case may be, has previously exercised powers under this
sub-section.



"(2) Where a licence is suspended under sub-section (1), the suspension,
unless it is sooner revoked, ceases-

   (a)  if proceedings for an offence against this Act in relation to the
        alleged act or omission by reason of which the licence was suspended
        are instituted against the holder of the licence, or a person who
        acted on behalf of the holder of the licence, within one month after
        suspension-on completion of the proceedings; or

   (b)  in any other case-on the expiration of one month after the suspension.



"(3) The Minister may, at any time, by notice in writing given to the holder
of a licence suspended under sub-section (1), revoke the suspension.



"(3A) The Minister may, by notice in writing given to the holder of a licence
granted under section 9, cancel the licence if-

   (a)  in the case of a master fisherman's licence-the holder of the licence
        is convicted of an offence against this Act, the regulations or any
        other law of the Commonwealth relating to fishing or against a law of
        Papua New Guinea or a State or Territory relating to fishing; and

   (b)  in the case of a licence granted under sub-section 9 (2) or (3) in
        respect of a boat-

        (i)    the holder of the licence is convicted of an offence of a kind
               referred to in paragraph (a); or

        (ii)   during any period during which the holder of the licence held a
               licence in respect of the boat-another person is convicted of
               an offence of a kind referred to in paragraph (a) in relation
               to the use of the boat."; and

   (b)  by omitting from sub-section (5) "(2)" and substituting "(1)".

(2) Where, immediately before the commencement of this Act, a licence granted
under section 9 of the Principal Act was suspended under sub-section 9A (2) of
the Principal Act, section 9A of the Principal Act as amended by this Act has
effect in relation to the licence as if, on the commencement of this Act, the
licence had been suspended under sub-section 9A (1) of the Principal Act as
amended by this Act.