Fisheries Management Act 1994

The Minister may issue to a person a licence (a charter fishing licence) that authorises a boat to be used for any specified declared charter fishing activity.

A charter fishing licence authorises the use of a single boat at any given time for the specified declared charter fishing activity, unless the charter fishing activity is a guided non-motorised activity.

A charter fishing licence that authorises a guided non-motorised activity authorises the use of a specified number of boats for the activity.

The boat or boats to be used for the specified declared charter fishing activity need not be identified by the licence, but must comply with any requirements specified in the licence or in the conditions of the licence.

A charter fishing licence—

is subject to such conditions as are prescribed by the regulations or specified in the licence, and

remains in force for such period as is specified in the licence, and

may be renewed from time to time in accordance with the regulations, and

may be cancelled or suspended by the Minister in the circumstances authorised by the regulations.

The regulations may prescribe different classes of charter fishing licences.

The Minister may, at any time, by notice in writing to the holder of a charter fishing licence, revoke or vary the conditions of the licence or add new conditions. This subsection does not apply to conditions prescribed by the regulations.

The holder of a charter fishing licence who contravenes any condition of the licence, or causes or permits any condition of the licence to be contravened, is guilty of an offence.

in the case of an individual—

200 penalty units or imprisonment for 6 months (or both) for a first offence, or

400 penalty units or imprisonment for 12 months (or both) for a second or subsequent offence, or

in the case of a corporation—

400 penalty units for a first offence, or

800 penalty units for a second or subsequent offence.

The regulations may make provision for or with respect to charter fishing licences. In particular, the regulations—

may make provision for or with respect to permitting, prohibiting or restricting the use of a boat for both declared charter fishing activities and for declared commercial fishing boat activities (within the meaning of Division 2 of Part 4), and

may prescribe the fee or fees payable in respect of an application for the issue or renewal of a licence.