Living Marine Resources Management Act 1995

In this section – party to a deed of agreement means a person who has a right to take and acquire commercially protected fish pursuant to a deed of agreement.

The following persons may nominate an adult to be a licensing agent for the purposes of a licence or a deed of agreement:a person applying for a licence; the holder of a licence; a party to a deed of agreement.

A person applying for the grant of a commercial fishing licence must nominate an adult to be the licensing agent for the purposes of the licence if the applicant is a partnership, a corporation or a trustee.

The nomination of a person to be a licensing agent under this section must – be made to the Secretary in an approved form; and specify those activities that the licence holder or party to the deed of agreement authorises the licensing agent to carry out on behalf of the licence holder or the party to the deed of agreement; and contain the information required in the approved form.

Activities that may be specified under subsection (4)(b) include, but are not limited to, the following activities:the provision of specified classes of records, documents or information, on behalf of the licence holder or the party to the deed of agreement; access and use of any specified online facility on behalf of the licence holder or the party to the deed of agreement; the receipt of specified classes of records, documents or information, on behalf of the licence holder or the party to the deed of agreement; the signing of specified classes of records, documents or information, on behalf of the licence holder or the party to the deed of agreement; specified actions of an administrative nature required or permitted under this Act, on behalf of the licence holder or the party to the deed of agreement.

Any notice or other document required to be served on the holder of a licence or a party to a deed of agreement by or under this Act is taken to be served on the holder of the licence or the party to the deed of agreement if such service on the licensing agent is an activity authorised under subsection (4)(b).

A licensing agent under this section is not entitled to any rights conferred by, or interest in, a licence only because the person is a licensing agent.

The holder of a licence or a party to a deed of agreement may revoke the nomination of a licensing agent for the licence or deed of agreement by notice in writing to the Secretary in the approved form.

The holder of a commercial fishing licence that is a partnership, a corporation or a trustee must nominate a new licensing agent for the purposes of that licence in accordance with subsection (4) if – the licensing agent has had his or her nomination as a licensing agent revoked under subsection (8); or the licensing agent is no longer able to carry out the activities of a licensing agent for the purposes of the licence.