Northern Territory Numbered Acts

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FISHERIES LEGISLATION AMENDMENT ACT 2016 (NO 23 OF 2016) - SECT 36

Section 65 replaced

Section 65

repeal, insert

64A     Variation and termination of arrangements

    (1)     An arrangement made under section 64 may be varied or terminated as provided by the Commonwealth Act.

    (2)     Subsection (3) applies:

    (a)     after an instrument varying or terminating an arrangement has been made; but

    (b)     before the variation or termination takes effect.

    (3)     A relevant instrument may be granted, given or made, for the purposes of the operation of this Act as affected by the variation or termination of the arrangement, as if the variation or termination had taken effect, but the relevant instrument does not have effect before the variation or termination takes effect.

    (4)     On the variation or termination of an arrangement, a relevant instrument granted, given or made for the purposes of the operation of this Act as affected by the arrangement:

    (a)     in the case of a variation – ceases to have effect to the extent (if any) it is inconsistent with the arrangement as varied; or

    (b)     in the case of a termination – ceases to have effect.

    (5)     Within 30 days after an instrument varying or terminating an arrangement is made, the Minister must give notice of its making in the Gazette .

65     Application of this Act to fisheries in accordance with arrangements

    (1)     If there is in force an arrangement that provides that a fishery is to be managed in accordance with the law of the Territory, the provisions of this Act apply to and in relation to the fishery.

    (2)     However, those provisions do not apply to or in relation to the fishery in respect of the following:

    (a)     foreign boats in the Australian fishing zone;

    (b)     operations on or from foreign boats, or persons on foreign boats, in the Australian fishing zone;

    (c)     matters that occurred in or in relation to the Australian fishing zone before the arrangement took effect.



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