FISHERIES ACT 1994 - SECT 68
Procedure for cancellation or suspension by chief executive
FISHERIES ACT 1994 - SECT 68
Procedure for cancellation or suspension by chief executive
68 Procedure for cancellation or suspension by chief executive
(1) If the chief executive considers grounds exist under section 67(1) to
suspend or cancel an authority (the
"proposed action" ), the chief executive must give the holder of the authority
a written notice that—
(c) outlines the facts and circumstances
forming the basis for the grounds; and
(d) if the proposed action is
suspension of the authority—states the proposed suspension period; and
(e)
invites the holder to show, within a stated time of at least 28 days, why the
proposed action should not be taken.
(2) If, after considering all written
representations made within the stated time, the chief executive still
considers grounds to take the proposed action exist, the chief executive
may—
(a) if the proposed action was to suspend the authority for a specified
period—suspend the authority for not longer than the proposed suspension
period; or
(b) if the proposed action was to cancel the authority—either
cancel the authority or suspend it for a period.
(3) The chief executive must
inform the holder of the decision by written notice.
(4) If the chief
executive decides to suspend or cancel the authority, the notice must be an
information notice for the decision.
(5) The decision takes effect on the
later of—
(a) the day when the notice is given to the holder; or
(b) the
day of effect stated in the notice.
(6) Compensation is not payable if the
chief executive suspends or cancels an authority.
(7) However, subsection (6)
does not prevent a regulation providing for payment of compensation.
(8) This
section does not affect the suspension or cancellation of an authority under a
regulation.