Fisheries Act 1994

This section applies if the chief executive is satisfied a transfer or an amendment of an authority is necessary—

to give effect to—

a settlement between spouses or former spouses; or

bankruptcy; or

winding up or administration under the Corporations Act; or

section 70C(3); or

to administer a deceased estate; or

because of the loss, at sea, of the boat being used in relation to the authority, through storm, capsize, collision or fire.

On an application made under subsection (3), the chief executive must, according to the application—

waive the prescribed fee for an application for amendment or registration of a transfer of the authority; or

waive the requirement under a regulation, on application to amend or register the transfer of the authority, to do any of the following before the chief executive grants the application—

surrender another authority;

apply to amend another authority by removing a fishery symbol;

amend the authority in some other way that is not beneficial to the authority holder.

An application for the waiver of a prescribed fee or a requirement—

must be made jointly by each holder of the authority and any proposed transferee; and

must be made to the chief executive in the approved form; and

must be accompanied by—

the application for amendment or registration of a transfer; and

sufficient documentary evidence to support the application for waiver.Examples of documentary evidence—insurance report, will, death certificate, court order

If asked by the chief executive, the applicant must give the further relevant information or evidence the chief executive reasonably requires to decide the application.

In this section—holder, of an authority of a type prescribed under section 70C, includes the personal representative of a deceased holder.