Fisheries Management (Refund) Regulations (Amendment) (Cth)

Statutory Rules 1996

No. 318 1

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Fisheries Management (Refund) Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Fisheries Management Act 1991.

Dated 20 December 1996.

 

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

  

WARWICK PARER

Minister for Resources and Energy

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1.   Amendment

1.1   The Fisheries Management (Refund) Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Regulation 2 (Interpretation)

2.1   Omit the regulation.

3.   Regulation 3 (Refund of levy)

3.1   Omit the regulation, substitute:

Refund of levy

 “3.(1) If:

• (a)

  the holder of a fishing permit has paid levy under Part 17 of the Fishing Levy (All Fisheries) Regulations in respect of a period, or part of a period, for which the permit has been granted; and

• (b)

  the holder surrenders the permit before the end of that period or part;

AFMA must refund to the holder an amount calculated in accordance with the following formula:

 

levy paid

´

where:

‘levy paid’ is the amount of levy paid in respect of the period or part of the period;

‘paid period’ is the number of days in the period or part for which levy has been paid;

‘unexpired period’ is the number of days between:

• (a)

  the date of surrender; and

• (b)

  the day immediately following the day on which the period or part ends.

“[NOTE: Part 17 of the Fishing Levy (All Fisheries) Regulations provides for payment of levies in relation to informally managed fisheries.]

 “(2)If, in relation to a period, or part of a period, for which a fishing permit has been granted, a holder of the permit:

• (a)

  has paid levy under the repealed Regulations; and

• (b)

  surrenders the permit on or after the commencement of the Fishing Levy (All Fisheries) Regulations but before the end of that period or part;

levy is taken, for the purposes of subregulation (1), to have been paid under Part 17 of the Fishing Levy (All Fisheries) Regulations.

 “(3) In this regulation:

‘repealed Regulations’ means the Fishing Levy Regulations in force immediately before the commencement of the Fishing Levy (All Fisheries) Regulations.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 20 December 1996.

2. Statutory Rules 1992 No. 407.