Fisheries Act 1994

This section applies if—

an inspector starts an investigation under part 9 relating to the holder of a quota authority contravening an information requirement about the quantity of fisheries resources taken under the quota entitlement for the authority; and

the chief executive is satisfied it is necessary to suspend a part of the quota entitlement for the quota authority to ensure the quota entitlement is not, or does not continue to be, contravened.

The chief executive may, by written notice to the holder of the quota authority, suspend a stated part of the quota entitlement for the authority for a stated period.

The stated period—

must not end more than 6 months after the day the investigation is started; and

must end on or before the end of the period to which the quota entitlement applies.

If the chief executive suspends a part of the quota entitlement for the quota authority, the quota entitlement is taken to be the amount of the quota entitlement originally granted by the quota authority less the stated part that has been suspended.

If the investigation ends before the stated period ends and a proceeding for an offence against this Act is not started against the holder of the quota authority—

the chief executive must cancel the suspension by written notice to the holder of the authority; and

the quota entitlement for the authority is taken to be the amount of the quota entitlement originally granted by the authority.

If a proceeding for an offence against this Act against the holder of the quota authority is started before the stated period ends and the period to which the quota entitlement applies has not ended, the chief executive may, by written notice to the holder of the authority, suspend a stated part of the quota entitlement for a further period ending at the earlier of the following—

the end of the period to which the quota entitlement applies;

when the proceeding is decided.

A notice under subsection (2) or (6) must be an information notice.

In this section—

an information requirement under section 118(1); or

a requirement to give the chief executive information under a condition of an authority.