Commonwealth Numbered Acts

TORRES STRAIT FISHERIES ACT 1984 NO. 23 OF 1984 - SECT. 26.

26. (1) The Minister may, in his discretion, by notice in writing given to the
holder of a licence granted under section 19, suspend the licence if he 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 14 (6),
        (7) or (8) or 16 (1); or

   (c)  in an application under this Act relating to the licence, the holder
        of the licence made a statement or furnished information that was, to
        his knowledge, false or misleading in a material particular, not being
        an act or omission in relation to which he has previously exercised
        his powers under this sub-section.

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

   (a)  if proceedings for an offence against this Act in relation to the
        alleged contravention or failure to comply with the conditions to
        which the licence was subject, in relation to the act allegedly done
        in contravention of the notice or the alleged supply of information
        that was false or misleading, as the case may be, are instituted
        against the holder of the licence or a person acting on his behalf
        within one month after the 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.

(4) The Minister may, in his discretion, by notice in writing given to the
holder of a licence under section 19, 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 of a State or Territory relating to fishing; and

   (b)  in the case of a licence 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 that boat-another person is convicted of
               an offence of a kind referred to in paragraph (a) in relation
               to the use of the boat.