FISHERIES ACT 1994 - SECT 65D
Effect of temporary transfer
FISHERIES ACT 1994 - SECT 65D
Effect of temporary transfer
65D Effect of temporary transfer
(1) This section applies for a temporary transfer until—
(a) generally—the
end of the period for which the transfer is registered; or
(b) if, during the
period, the chief executive receives a signed notice from each interested
party that the transfer has ended—the chief executive’s receipt of the
notice.
(2) A reference in the following to the holder of the transferred
authority, or to the holder of an authority, is, if the context permits, taken
to include a reference to the transferee as if the transferee were the holder
of the transferred authority—
(a) a provision of this Act, other than
section 4 , 56 , 57 , 63 (4) (d) and (5) , 72 or 73 ;
(b) a regulation or
declaration;
(c) the conditions of the transferred authority.
(3) The things
authorised by the transferred authority—
(a) may be done by the transferee
as if the transferee were the person who was the holder of the authority
immediately before the temporary transfer was registered (the
"original holder" ); and
(4)
Despite the temporary transfer, the original holder continues to be the holder
of the transferred authority.
(5) If a further temporary transfer is
registered for the transferred authority, subsections (2) to (4) apply to the
transferee under the first temporary transfer as if a reference to the
original holder includes that transferee.
(6) Each of the following is an
interested party under subsection (1) —
(a) the transferor under the
temporary transfer;
(b) the transferee under the temporary transfer;
(c)
unless the transfer is a temporary transfer of a quota authority—anyone else
who has a registered interest in the authority the subject of the temporary
transfer.