Division 9Division 9 Share Management Fisheries Appeal Panel
A Share Management Fisheries Appeal Panel (the Share Appeal Panel) is established.
83 Composition and procedure of Panel
(1) The Share Appeal Panel is to consist of 3 members, as follows:(a) a person appointed by the Minister as the Chairperson of that Panel, being a person who is neither engaged in the administration of this Act nor in commercial fishing,(b) the Director-General or a nominee of the Director-General,(c) a person appointed by the Minister on the nomination of such relevant commercial fishing industry bodies as the Minister determines, being a person with extensive practical experience in the commercial fishing industry.(2) The Minister may constitute that Panel with different members for different share management fisheries.(3) A person who has a financial interest in a commercial fishery to which an appeal relates is not eligible to be appointed under subsection (1) (c) to that Panel for the purpose of hearing that appeal.(4) Schedule 3 has effect with respect to the members of the Panel.
(1) An applicant for shares in a share management fishery may appeal to the Share Appeal Panel against a decision under this Part relating to the provisional issue of shares in the fishery under section 48.(1A) An appeal cannot be made to that Panel under subsection (1) after the making of a share management plan for the fishery to which the appeal relates. However, the making of a share management plan does not affect any appeal that was made, but not finally determined, before the making of the plan.(2) The regulations may provide for other appeals to that Panel against decisions under this Part relating to a share management fishery.(3) An appeal is to be made within the time and in the manner prescribed by the regulations.(4) An appeal is to be accompanied by such fee or deposit as is prescribed by the regulations.
85 Hearing and determination of appeals
(1) The Share Appeal Panel is to hear each appeal duly made to it.(2) The Panel may, for the purpose of the appeal, exercise the functions of the person who made the decision concerned.(3) That Panel may:(a) uphold the decision, or(b) vary the decision, or(c) set the decision aside and substitute a new decision.(4) A decision as varied or substituted is to be given effect to under this Part.Note. See sections 48 and 52.(5) That Panel is to give to each party to an appeal a written statement of its determination and of the reasons for its determination.
(1) In proceedings before the Share Appeal Panel:(a) the procedure of that Panel is, subject to this Act and the regulations, to be determined by the Panel, and(b) the proceedings are to be conducted with as little formality and technicality, and as quickly, as the requirements of this Act and the proper consideration of the matter permit, and(c) that Panel is not bound by the rules of evidence but may inform itself on any matter in any way it thinks appropriate.(2) The time, date and place for the hearing of an appeal is to be fixed by the Chairperson of that Panel and notified in writing by the Chairperson to each party to the appeal.(3) The Chairperson of that Panel is to preside at any hearing of an appeal.(4) At the hearing of an appeal, a party to the appeal may appear in person or be represented by an Australian legal practitioner or any other person.(5) Hearings may be conducted in public or in private.(6) The Panel may, with the approval of the appellants, hear 2 or more appeals together.(7) An appeal may be heard and determined despite the absence or vacancy in the office of one of its members (other than the Chairperson). This subsection applies only if the appellant consents to the continuation of the hearing.(8) An appeal may continue to be heard and determined despite a change in the membership of the Panel (other than the Chairperson).(9) An appeal and any question concerning the appeal are to be determined according to the opinion of the majority of the members of the Panel hearing the appeal. If there are only 2 members, they are to be determined according to the opinion of the Chairperson.
87 Power to summon witnesses and take evidence
(1) The Chairperson of the Share Appeal Panel may summon a person to appear at a hearing of an appeal to give evidence and to produce such documents (if any) as are referred to in the summons.(2) The Chairperson of that Panel may require a person appearing at the hearing of an appeal to produce a document.(3) That Panel may, at a hearing, take evidence on oath or affirmation and, for that purpose:(a) the Chairperson of that Panel may require a person appearing at the hearing to give evidence either to take an oath or to make an affirmation in a form approved by the Chairperson, and(b) the Chairperson may administer an oath or affirmation to a person so appearing at the hearing.(4) A person served with a summons to appear at a hearing to give evidence must not, without reasonable excuse:(a) fail to attend as required by the summons, or(b) fail to attend from day to day unless excused, or released from further attendance, by the Chairperson of that Panel.Maximum penalty: 20 penalty units.
(5) A person appearing at a hearing to give evidence must not, without reasonable excuse:(a) when required to take an oath or make an affirmation—refuse or fail to comply with the requirement, or(b) refuse or fail to answer a question that the person is required to answer by the Chairperson of that Panel, or(c) refuse or fail to produce a document that the person is required to produce by a summons served under this section.Maximum penalty (subsection (5)): 20 penalty units.
(1) The Chairperson of the Share Appeal Panel may, by notice in writing served on a person, require the person:(a) to attend, at a time and place specified in the notice, before a person specified in the notice, being the Chairperson or a person authorised by the Chairperson in that behalf, and(b) to produce, at that time and place, to the person so specified a document specified in the notice.(2) A person must not, without reasonable excuse, refuse or fail to comply with a notice served on the person under this section.Maximum penalty: 20 penalty units.