Victorian Consolidated Legislation

Fisheries Act 1995 - SECT 58

Powers of Secretary to cancel or suspend licences

58. Powers of Secretary to cancel or suspend licences









(1) The Secretary may require the holder of a fishery licence to show
sufficient cause why the licence should not be cancelled if-

   (a)  the Secretary considers that the holder of the licence-

   (i)  has ceased to be a fit and proper person to hold the licence; or

   (ii) has ceased to satisfy any relevant eligibility criteria; or

   (iii) has ceased to be actively, substantially and regularly engaged in the
        activities authorised by the licence; or

   (b)  the holder of the licence has not paid any fee, royalty or levy that
        is due in respect of the licence within 14 days of the date that it
        was due.

(2) The Secretary may require the holder of a fishery licence to show
sufficient cause why the licence should not be suspended if-

   (a)  the Secretary considers that the holder of the licence has ceased to
        satisfy any relevant eligibility criteria; or

   (b)  the holder of the licence has not paid any fee, royalty or levy that
        is due in respect of the licence within 14 days of the date that it
        was due; or

   (c)  any other ground prescribed for the purposes of this subsection
        applies.

(3) The Secretary must make the requirement to show sufficient cause under
subsection (1) or (2) by serving a written notice on the holder of the licence
that specifies-

   (a)  the grounds on which the requirement is being made; and

   (b)  the time within which the requirement must be complied with.

(4) A copy of any notice served on the holder of a licence in accordance with
subsection (3) must, within 7 days of being served, be sent to each holder of
a registered financial interest in the licence.

(5) If the holder of a licence fails to show sufficient cause as required
under subsection (1) within the required time, the Secretary may cancel the
licence.

(6) If the holder of a licence fails to show sufficient cause as required
under subsection (2) within the required time, the Secretary may suspend the
licence for the period that the Secretary determines.

(7) The Secretary may cancel or suspend a licence under this section because
of the commission of an offence of a type referred to in section 128(1) by the
holder of the licence despite a court deciding not to suspend or cancel the
licence under section 128 on convicting or finding the holder guilty of that
offence.

(8) Subsection (1)(a)(i) does not apply to the holder of a recreational
fishery licence.