Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) The holder of a licence may apply to the Minister to transfer –
(a) the licence to another person; or
(b) a quota or entitlement under the licence to another licensee.
(2) The Minister may grant an application for the transfer of a licence to another person if satisfied that –
(a) the other person has complied with this Act; and
(b) the other person, within 5 years before the date of the application, has not been convicted of any offence under this Act, any other Act or a corresponding law which the Minister considers relevant to the holding of the licence; and
(c) the other person is not disqualified from holding the licence; and
(d) granting the application is not likely to contravene a management plan; and
(e) there are no environmental or resource constraints in granting the application; and
(f) the other person is a fit and proper person to hold the licence; and
(faa) the other person is, if a natural person, an adult; and
(fa) granting the application is consistent with guidelines issued under section 75; and
(fb) in respect of a relevant licence within the meaning of the Fishing (Licence Ownership and Interest) Registration Act 2001, an application has been made under that Act by the owner of that licence to cancel all entries in the register under that Act relating to that licence; and
(g) the applicant has paid the appropriate fees and charges.
(3) The Minister may refuse to grant an application under subsection (1)(a) if not satisfied as required under subsection (2).
(3A) The Minister may grant an application under subsection (1)(b) if satisfied that –
(a) granting the application is not likely to contravene a management plan; and
(b) there are no environmental or resource constraints in granting the application; and
(c) granting the application is consistent with guidelines issued under section 75; and
(ca) in respect of a relevant licence within the meaning of the Fishing (Licence Ownership and Interest) Registration Act 2001, an application under that Act has been made by the owner of that licence and the other licensee to vary an entry in the register relating to the quota or entitlement under the licence; and
(d) the applicant has paid the appropriate fees and charges.
(3B) The Minister may refuse to grant the application if not satisfied as required under subsection (3A).
(4) The Minister may defer a decision on an application under subsection (1) pending the determination or discontinuation of any proceedings against the applicant, the proposed transferee or an associate of the proposed transferee for an offence against –
(a) this Act; or
(b) any other Act that the Minister considers relevant to the making of the decision; or
(c) a corresponding law.
(5) For the purposes of subsection (4), a person is an associate of the proposed transferee if the person –
(a) holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in their own right or on behalf of any other person), in a business of the proposed transferee and, by virtue of that interest or power, is able or will be able to exercise a significant influence over or in respect of the management or operation of that business; or
(b) holds or will hold any relevant position (whether in their own right or on behalf of any other person) in a business of the proposed transferee; or
(c) is a relative of the proposed transferee.
(6) In this section –
"relative" means –(a) the spouse, parent, child or sibling (whether of the full or half blood); or
(b) the person with whom a person is in a personal relationship within the meaning of the Relationships Act 2003;
"relevant financial interest", in relation to a business, means –(a) any share in the capital of the business; or
(b) any entitlement to receive any income derived from the business;
"relevant position", in relation to a business, means the position of director, manager or other executive position or secretary, however that position is designated in that business;
"relevant power" means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others –(a) to participate in a directorial, managerial or executive decision; or
(b) to elect or appoint any person to any relevant position.