FISH RESOURCES MANAGEMENT ACT 1994 - SECT 140
FISH RESOURCES MANAGEMENT ACT 1994 - SECT 140
140 . Transfer of authorisations
(1) This section
applies if —
(a) the
holder of an authorisation (other than a commercial or recreational fishing
licence) applies to the CEO for the transfer of the authorisation to another
person; or
(b) the
holder of an authorisation applies to the CEO for the transfer of part of the
entitlement under the authorisation to another authorisation.
(2A) Subject to
subsection (2), the CEO must transfer the authorisation or the part of the
entitlement.
(2) The CEO may refuse
to transfer an authorisation or a part of an entitlement —
(a) if
in the CEO’s opinion the proposed transferee —
(i)
is not a fit and proper person to hold the authorisation;
or
(ii)
does not satisfy guidelines under section 247 relating to
foreign persons holding, controlling or having an interest in authorisations;
or
(ba) if,
in the CEO’s opinion, the applicant, or a person acting for or on behalf
of the applicant, may be liable to prosecution for an offence that is
prescribed for the purposes of section 224; or
(bb) if
the authorisation is suspended under section 224; or
(b) on
any other ground specified in a relevant management plan or prescribed in the
regulations.
(3) If the CEO
receives an application referred to in subsection (1), the CEO must, as soon
as practicable after receiving the application, notify the Registrar of the
application.
(4) If the Registrar
gives written details of the application under section 130 to a security
holder —
(a) the
Registrar must notify the CEO of that fact; and
(b) the
CEO must not transfer the authorisation or the part of the entitlement before
the expiration of 21 days from the day on which the details were given.
(5) Despite subsection
(4), the CEO may transfer the authorisation or the part of the entitlement
before the expiration of the period specified in that subsection if the CEO
has the written consent of the holder of the authorisation and the security
holder to do so.
[Section 140 amended: No. 28 of 2006 s. 236; No.
37 of 2009 s. 16; No. 43 of 2011 s. 48.]