Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies to a fishery in respect of which fishing concessions, scientific permits or foreign master fishing licences are in force.
(2) After consultation with:
(a) the management advisory committee for the fishery; or
(b) if there is no management advisory committee for the fishery--the holders of fishing concessions, scientific permits or foreign master fishing licences for the fishery;
AFMA may direct that fishing not be engaged in in the fishery, or in a particular part of the fishery, during a period or periods specified in the direction.
(2AA) To avoid doubt, a direction given under subsection (2) in relation to a part of a fishery may identify the part concerned in any way or ways.
(2A) At least 7 days before a direction given under subsection (2) takes effect, AFMA must ensure that a copy of the direction is sent to each holder of a fishing concession, scientific permit or foreign master fishing licence in respect of the fishery, or part of the fishery, to which the direction relates.
(2B) However, in an emergency:
(a) a direction may be given under subsection (2) without any consultation; and
(b) subsection (2A) does not apply in respect of the direction; and;
(c) AFMA must ensure that a copy of the direction is sent to each holder of a fishing concession, scientific permit or foreign master fishing licence in respect of the fishery, or part of the fishery, to which the direction relates as soon as possible.
(2C) AFMA may, by writing under its common seal, delegate the power to give a direction under subsection (2) to:
(a) the CEO; or
(b) a primary stakeholder who is to assist AFMA to manage the fishery under a co - management arrangement (within the meaning of the Fisheries Administration Act 1991 ).
(3) AFMA may, at any time, by a further direction in writing, vary or revoke a direction given under subsection (2).
Note: Requirements like those in subsections (2) and (2A) do not apply in relation to directions given under this subsection.
(4) If AFMA varies or revokes a direction given under subsection (2) it must ensure that a copy of the direction given under subsection (3) is sent to each holder of a fishing concession, scientific permit or foreign master fishing licence, in respect of the fishery, or part of the fishery, to which the direction as varied or revoked, relates or related, as soon as possible.
(5) A direction under subsection (2), or a variation or revocation of such a direction, is a legislative instrument.