Northern Territory Consolidated Acts Northern Territory Consolidated Acts12A. Temporary transfer of licence
(1) Subject to the Regulations, a fishery management plan made in respect of the fishery for which a licence has been granted, or a condition of the licence, a licensee may, with the approval of the Director, by agreement in writing ( a temporary transfer agreement ), permit another person to use the licence as if that other person were the licensee.
(2) A licensee may apply on the approved form to the Director for the Director's approval to enter into a temporary transfer agreement.
(3) An application under subsection (2) shall be accompanied by the prescribed fee and by such information, if any, as the Director requires, including the proposed period of the temporary transfer agreement.
(4) The Director may, in the Director's absolute discretion, approve or refuse to approve the proposed agreement.
(5) If the Director approves a temporary transfer agreement, the Director shall signify the approval by endorsing the agreement to that effect.
(6) A temporary transfer agreement expires at such date, if any, specified in the agreement or at the end of the financial year in which it was entered into, whichever is the sooner.
(7) A licensee shall not, except in pursuance of an approval under this section or as permitted by or under this Act or the terms of the licence, purport to permit, or enter into an agreement purporting to permit, another person to use the licensee's licence.
Penalty: $20,000.
(8) A temporary transfer agreement is void unless it is approved by the Director.
(9) Subject to subsection (9A), a temporary transferee is, in relation to the licence to which the temporary transfer agreement relates, during the period of the transfer, deemed to be a holder of the licence for the purposes of this Act and each instrument of an administrative or legislative character made under it.
(9A) The Director may, by notice in the Gazette , specify that a temporary transferee is not deemed to be the holder of a licence for the purposes of a provision of this Act or of an instrument of an administrative or legislative character made under this Act.
(10) The Director may, on application on the approved form by either party to a temporary transfer agreement approved under this section, revoke the approval of the transfer.