Disqualification from obtaining lease
124 Disqualification from obtaining lease
The following are disqualified from obtaining or holding a lease:a person to whom 200 or more demerit points have been allocated; a person who is or has been a partner in a partnership or a major shareholder in a body corporate to which 200 or more demerit points have been allocated; a partnership or body corporate which has or had a partner or major shareholder – to whom 200 or more demerit points have been allocated; or who has been a partner of another partnership or major shareholder in another body corporate to which 200 or more demerit points have been allocated.
A major shareholder is a person who holds more than 10% of the issued shares in a partnership or body corporate.
The Secretary, by notice in writing, must notify a person of – any disqualification; and the date on which the disqualification takes effect.
A person must transfer, to a person who is not their associate, a lease to which a disqualification relates – within 6 months after receipt of a notice under subsection (3); and in accordance with Division 4 of Part 4.
The Minister must cancel a lease which is not transferred under subsection (4).
In this section – allocated means allocated under this Division on one day; associate has the same meaning as in section 82 of the Living Marine Resources Management Act 1995.
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