Disqualification etc and discounting of demerit points
108 Disqualification etc and discounting of demerit points
A disqualification or cancellation under this Division takes effect on the day specified in the notice of disqualification or cancellation given under section 107.
If a transferable authority held by a person to whom a notice of disqualification is given is not transferred as required by the notice, the
Minister must acquire the authority compulsorily in accordance with the regulations.
An authority that is compulsorily acquired under this section cannot subsequently be issued to—
the person from whom it was so acquired; or
an associate of that person.
If a person is given a notice of disqualification under section 107—
the person is disqualified—
from holding or obtaining an authority; and
from being a director of a body corporate that holds an authority;
and
from being registered as the master of a boat used pursuant to an authority, for a period of 10 years; and
any transferable authority held by the person is, by force of this section, suspended until transferred in accordance with the notice;
and
any authority held by the person that is not transferable is, by force of this section, cancelled.
If a disqualification has taken effect under this section, the following demerit points are discounted:
all demerit points in respect of the offence that brought the aggregate of the demerit points to 200 or more (and led to the notice of disqualification being sent to the person under section 107);
all demerit points in respect of offences committed prior to the time at which the person committed that offence (whether or not the person had been found guilty of, or had expiated, those offences when the disqualification took effect).
If an authority that is liable to compulsory acquisition is transferred as required under this Division, all demerit points recorded against the authority are discounted.
This provision refers to the regulations (the regulations
). Made under this Act:
- Fisheries Management (Charter Boat Fishery) Regulations 2016
- Fisheries Management (Demerit Points) Regulations 2017
- Fisheries Management (Fish Processors) Regulations 2017
11 more instruments made under this Act are listed on the Act’s overview.
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