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FISHERIES ACT 1995 - SECT 180 Determinations of the Panel as to final payments—eligible charter boat operators

FISHERIES ACT 1995 - SECT 180

Determinations of the Panel as to final payments—eligible charter boat operators

    (1)     The Panel may determine, for a prescribed year in respect of which an application has been made under section 179, whether or not the applicant has an entitlement under section 171 and—

        (a)     in the case of an applicant in respect of whom a determination of an interim payment under section 178 has not been made for the prescribed year, if the Panel determines that the applicant has an entitlement for that year, the Panel must determine the amount of that entitlement; or

        (b)     in the case of an applicant in respect of whom a determination of an interim payment under section 178 has been made for the prescribed 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 prescribed year in respect of which a determination of an interim payment under section 178 has been made, whether or not the person in respect of whom the determination has been made has an entitlement under section 171 for that year and, if the Panel determines that the applicant has an entitlement for that year, the Panel must determine

        (a)     the amount of that entitlement; and

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

    (3)     If—

        (a)     the Panel, under subsection (1)(a), 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)(b)(ii) or (2)(b) that the amount of the interim payment is less than the amount determined under subsection (1)(b)(i) or (2)(a) (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)(b)(ii) or (2)(b) that the amount of the interim payment is greater than the amount determined under subsection (1)(b)(i) or (2)(a) (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 making the determination, give the person in respect of whom the determination is to be made, notice of the proposal to make the determination; 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. 181 inserted by No. 40/2002 s. 27.