Senate debates

Thursday, 21 June 2007

Fisheries Legislation Amendment Bill 2007; Fisheries Levy Amendment Bill 2007

In Committee

5:35 pm

Photo of Kerry O'BrienKerry O'Brien (Tasmania, Australian Labor Party, Shadow Minister for Primary Industries, Fisheries and Forestry) Share this | Hansard source

The only other matter in the same report was the reference to non-reviewable decisions in schedule 3, item 180. The report says:

… proposed new subsection 26(5) of the Torres Strait Fisheries Act 1984, to be inserted by Item 160 of Schedule 3, would grant the Minister a discretion to cancel or suspend a person’s commercial fishing licence if either of two conditions specified in the proposed subsection is satisfied.

… there does not appear to be any provision for the holder of a licence to seek merits review of the exercise of the Minister’s discretion under the Administrative Tribunals Act 1975.

Is that correct? Is that the intention of the legislation and, if so, why?

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