• Specific Year
    Any

FISHERIES ACT 1995 - SECT 175 Determinations of the Panel as to final payments—eligible rock lobster access licence holders and eligible specified access licence holders

FISHERIES ACT 1995 - SECT 175

Determinations of the Panel as to final payments—eligible rock lobster access licence holders and eligible specified access licence holders

    (1)     The Panel may determine, for a licence year in respect of which an application has been made under section 174, whether or not the applicant has an entitlement under—

        (a)     either or both of sections 167 and 168; or

        (b)     either or both of sections 169 and 170

and—

        (c)     in the case of an applicant in respect of whom a determination of an interim payment under section 173 has not been made for the licence year, if the Panel determines that the applicant has an entitlement for that year, the Panel must determine the amount of that entitlement; or

        (d)     in the case of an applicant in respect of whom a determination of an interim payment under section 173 has been made for the licence year, if the Panel determines that the applicant has an entitlement for that year, the Panel must determine—

              (i)     the amount of that entitlement; and

              (ii)     whether or not the amount of the interim payment is greater or less than the amount determined under subparagraph (i).

    (2)     The Panel, of its own motion, may determine, for a licence year in respect of which a determination of an interim payment under section 173 has been made, whether or not the person in respect of whom the determination has been made has an entitlement under

        (a)     either or both of sections 167 and 168 for that year; or

        (b)     either or both of sections 169 and 170 for that year—

and, if the Panel determines that the applicant has an entitlement for that year, the Panel must determine—

        (c)     the amount of that entitlement; and

        (d)     whether or not the amount of the interim payment is greater or less than the amount determined under paragraph (c).

    (3)     If—

        (a)     the Panel, under subsection (1)(c), determines an amount that is an entitlement of a person, that amount is a debt owed by the State of Victoria to that person; or

        (b)     the Panel determines under subsection (1)(d)(ii) or (2)(d) that the amount of the interim payment is less than the amount determined under subsection (1)(d)(i) or (2)(c) (as the case requires), the difference between the two amounts is a debt owed by the State of Victoria to the person in respect of whom the determination has been made; or

        (c)     the Panel determines under subsection (1)(d)(ii) or (2)(d) that the amount of the interim payment is greater than the amount determined under subsection (1)(d)(i) or (2)(c) (as the case requires), the difference between the two amounts is a debt owed by the person in respect of whom the determination has been made to the State of Victoria.

    (4)     If the Panel proposes to make a determination under subsection (2), the Registrar of the Panel

        (a)     must, at least 30 days before any such determination is made, notify the person in respect of whom the determination is to be made—

              (i)     that the matter is being considered by the Panel; and

              (ii)     that the applicant may request that the application be considered at an oral hearing; and

        (b)     may require the person in respect of whom the determination is to be made to provide the information specified by the Panel.

S. 176 inserted by No. 40/2002 s. 27.