TORRES STRAIT FISHERIES ACT 1984 - SECT 19 Commercial fishing and fish receivers licences
TORRES STRAIT FISHERIES ACT 1984 - SECT 19
Commercial fishing and fish receivers licences(1) Subject to subsection ( 5), the Minister may, in his or her discretion, upon application being made in accordance with the appropriate form, grant to a person a master fisherman's licence authorising the person to be in charge of a boat that is being used for commercial fishing in areas of Australian jurisdiction.
(2) Subject to subsections ( 4) and (5), the Minister may, in his or her discretion, upon application being made in accordance with the appropriate form, grant to a person a licence in respect of a boat authorising the use of the boat for taking fish in the course of commercial fishing in areas of Australian jurisdiction and for carrying, or for processing and carrying, in areas of Australian jurisdiction, fish that have been taken with the use of the licensed boat.
(3) Subject to subsections ( 4) and (5), the Minister may, in his or her discretion, upon application being made in accordance with the appropriate form, grant to a person a licence in respect of a boat authorising the use of that boat for carrying, or for processing and carrying, in areas of Australian jurisdiction, fish that have been taken with the use of another boat.
(3A) Without otherwise limiting the generality of subsections ( 2) and (3), the Minister may refuse to grant a licence under either of those subsections in respect of a boat if the Minister has reason to believe that a requirement of a law of the Commonwealth, or of a State or Territory, has not been complied with in relation to the boat.
(4) The Minister shall not grant a licence under subsection ( 2) or (3) in respect of a foreign boat or in respect of a boat in respect of which such a licence should not, in the opinion of the Minister, be granted without consultation with Papua New Guinea in accordance with Article 27 of the Torres Strait Treaty, unless:
(a) the Minister has notified the Papua New Guinea Minister that a licence is proposed to be granted under that subsection in respect of that boat; and
(b) the Papua New Guinea Minister has agreed to the granting of the licence.
(4A) Subject to subsection ( 5), the Minister may, upon application being made in accordance with the appropriate form, grant to a person a licence authorising the taking of fish in the course of commercial fishing without the use of a boat in areas of Australian jurisdiction and for carrying, or for processing and carrying, in areas of Australian jurisdiction, fish so taken.
(4B) Subject to subsection ( 5), the Minister may, upon application being made in accordance with the appropriate form, grant a person a licence to receive fish, the taking of which required a licence under subsection 19(2) or (4A) or a Treaty endorsement.
(a) a fee is payable under this Act in respect of the grant to a person of a licence under subsection ( 1), (2), (3) or (4A); or
(b) levy is payable under the Fisheries Levy Act 1984 on the grant to a person of a licence under subsection ( 2), (3) or (4A);
the Minister shall not grant the licence unless the person tenders the amount
of the fee or levy, as the case may be.