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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
(b) can not be done by the original holder.
(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.