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Functions and Power
Section 150 of the Fisheries Management Act 1991 defines the SFRARP's powers of review.
When the SFRARP makes a decision, it will either:
- Affirm the decision that you applied to have reviewed - meaning the original decision remains unchanged.
- Vary the decision - meaning that part of the decision you applied to have reviewed has been changed.
- Set the decision aside and substitute a new decision. This means the SFRARP agrees or partially agrees that the decision you applied to have reviewed was wrong and therefore has been changed.
If the SFRARP varies or sets aside a decision, and substitutes a new one, this is deemed to be a decision of AFMA or the Joint Authority.
The decision takes effect when the applicant is notified of the decision under subsection 160(2) of the Fisheries Management Act 1991.
Reviews of Decisions
A person must lodge an application to review an Australian Fisheries Management Authority (AFMA) or Joint Authority decision relating to the allocation of provisional Statutory Fishing Right with the SFRARP within 14 days of being notified of the decision.
The SFRARP must then, through the Registry, and as soon as practicable, notify in writing;
- AFMA or the Joint Authority, whichever made the decision;
- Anyone registered under section 26 of Fisheries Management Act 1991 who received the same type of provisional allocations and may be affected by a review of the decision. Any person who receives a written notification is automatically a party to the proceedings.
AFMA or the Joint Authority must, within 14 days of being notified of an application to review the decision, provide the SFRARP with a copy of:
- the reasons for the decision
- any documents relevant to the review of the decision, and
- if required, any other documents relating to the general state of the fishery and the decision under review.
The SFRARP will then write to all parties concerned to inform them of the date, time and place of any hearing. Some or all of the matter may be considered based on written submissions.
Under subsection 160(2) of the Fisheries Management Act 1991 parties may appeal to the Federal Court on points of law against the SFRARP's decision within 28 days of being notified of the decision.