For the purposes of subsection 4(2) of the Foreign Fishing Boats Levy Act 1981, a foreign fishing boat is included in a prescribed class of foreign fishing boats if, in respect of that boat: (a) there is an instrument in force under subsection 4(2) of the Fisheries Act 1952 (repealed); and (b) a resident of Australia who is: (i) an Australian citizen; or (ii) a company registered in Australia in which the majority of the shares is held by persons who are both residents of Australia and Australia