Foreign Fishing Boats Levy Act 1981 (Cth)

FOREIGN FISHING BOATS LEVY ACT 1981
- Reprinted as at 31 January 1993 (HISTACT CHAP 1021 #DATE 31:01:1993)

*1* The Foreign Fishing Boats Levy Act 1981 as shown in this reprint comprises Act No. 179, 1981 amended as indicated in the Tables below. Table of Acts Act Date Date of Application, Number and of Assent commencement saving or year transitional provisions Foreign Fishing Boats Levy Act 1981 179, 1981 8 Dec 1981 1 Nov 1982 (see Gazette 1982, No. G43 p. 2) Foreign Fishing Boats Levy Amendment Act 1985 112, 1985 21 Oct 1985 21 Oct 1985 - Table of Amendments ad=added or inserted am=amended rep=repealed rs=repealed and substituted Provision affected How affected Ss. 3-7 am. No. 112, 1985

FOREIGN FISHING BOATS LEVY ACT 1981 - TABLE OF PROVISIONS 
TABLE

                       TABLE OF PROVISIONS
Section
    1.    Short title
    2.    Commencement
    3.    Interpretation
    4.    Imposition of levy
    5.    Amount of levy
    6.    By whom levy payable
    7.    Regulations

FOREIGN FISHING BOATS LEVY ACT 1981 - LONG TITLE 
SECT

           An Act to impose a levy on the grant of certain licences in
                        respect of foreign fishing boats

FOREIGN FISHING BOATS LEVY ACT 1981 - SECT 1 
Short title 
SECT

  1. This Act may be cited as the Foreign Fishing Boats Levy Act 1981.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

FOREIGN FISHING BOATS LEVY ACT 1981 - SECT 2 
Commencement 
SECT

  2. This Act shall come into operation on a day to be fixed by
Proclamation.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

FOREIGN FISHING BOATS LEVY ACT 1981 - SECT 3 
Interpretation 
SECT

  3. In this Act, unless the contrary intention appears:
  "Australian fishing zone" has the same meaning as in the Fisheries Act
1952;
  "fish" has the same meaning as in the Fisheries Act 1952;
  "foreign fishing boat", in relation to the grant of a licence, means:
  (a) in a case of the grant of a licence under subsection 9 (2) or (3) of the
Fisheries Act 1952 - a boat that is a foreign boat for the purposes of that
Act or a boat in respect of which an instrument is in force under subsection 4
(2) of that Act; and
  (b) in a case of the grant of a licence under subsection 13 (2) of the
Continental Shelf (Living Natural Resources) Act 1968 - a boat that is a
foreign ship for the purposes of that Act;
  "licence" means a licence under subsection 9 (2) or (3) of the Fisheries Act
1952 or a licence under subsection 13 (2) of the Continental Shelf (Living
Natural Resources) Act 1968;
  "sedentary organism" has the same meaning as in the Continental Shelf
(Living Natural Resources) Act 1968.

FOREIGN FISHING BOATS LEVY ACT 1981 - SECT 4 
Imposition of levy 
SECT

  4. (1) Subject to this section, a levy is imposed on the grant to a person
of a licence in respect of a foreign fishing boat.
  (2) Levy is not imposed on the grant of a licence in respect of a foreign
fishing boat included in a prescribed class of foreign fishing boats, being a
foreign fishing boat that has been imported into Australia for a limited
period.
  (3) Where there is in force an agreement between Australia and the
government of another country that contains a provision under which licences
are agreed to be granted in respect of foreign fishing boats (whether or not
the provision also provides for the payment of an amount or amounts to
Australia), levy is not imposed on the grant of any of the licences to which
the provision relates.
  (4) Where:
  (a) a licence is granted in respect of a foreign fishing boat other than a
boat lawfully imported into Australia for a limited period; and
  (b) the Minister is satisfied that:
    (i) the boat is operated by, on behalf of, or in accordance with
the instructions of, a resident of Australia; and
    (ii) the operations of the boat in the Australian fishing zone will
confer benefits on Australia;
the Minister may, by notice in writing published in the Gazette, declare the
boat to be a boat to which this subsection applies and, if such a declaration
is made, levy is not payable in respect of the boat.
  (5) Where the Minister makes a declaration under subsection (4), the
Minister shall cause a copy of the notice containing the declaration to be
laid before each House of the Parliament within 15 sitting days of that House
after the notice was published.

FOREIGN FISHING BOATS LEVY ACT 1981 - SECT 5 
Amount of levy 
SECT

  5. (1) Subject to subsection (2), the amount of the levy imposed by section
4 on the grant of a licence in respect of a foreign fishing boat is such
amount as is prescribed by the regulations or as is calculated in accordance
with the regulations.
  (2) Where:
  (a) the Minister has entered into an agreement with a person other than the
government of another country or with persons none of whom is the government
of another country; and
  (b) the agreement contains a provision under which licences are agreed to be
granted in respect of foreign fishing boats if an amount specified in the
provision is paid to Australia;
the amount of the levy imposed by section 4 on the grant of all those licences
is the amount specified in the provision.

FOREIGN FISHING BOATS LEVY ACT 1981 - SECT 6 
By whom levy payable 
SECT

  6. (1) Subject to subsection (2), the amount of the levy imposed by section
4 on the grant of a licence in respect of a foreign fishing boat is payable by
the person to whom the licence is granted.
  (2) The amount of the levy imposed by section 4 on the grant of licences in
respect of foreign fishing boats, being licences granted in accordance with an
agreement of a kind referred to in subsection 5 (2), is payable by the person,
or jointly and severally by the persons, as the case may be, with whom the
Minister entered into the agreement.

FOREIGN FISHING BOATS LEVY ACT 1981 - SECT 7 
Regulations 
SECT

  7. (1) The Governor-General may make regulations, not inconsistent with this
Act, prescribing all matters required or permitted by this Act to be
prescribed or necessary or convenient to be prescribed for carrying out or
giving effect to this Act.
  (2) Regulations made for the purposes of subsection 5 (1) may prescribe
different amounts of, or different methods of calculating the amounts of, levy
imposed by this Act on the grant of licences in respect of different boats or
different classes or kinds of boats, and may prescribe the amount of, or a
method of calculating the amount of, levy imposed by this Act on the grant of
a licence in respect of a boat by reference to a matter or matters specified
in the regulations, being a matter or matters relating to the boat or to the
operations of the boat, or, without limiting the generality of the foregoing,
by reference to any one or more of the following matters:
  (a) the fact that the boat is included in a class or kind of boats in
respect of which an agreement relating to the operations or proposed
operations of boats of that class or kind is in force, being an agreement to
which the Commonwealth is a party;
  (b) the size or tonnage of the boat, measured as prescribed, or the power of
the main engine of the boat;
  (c) the quantity or kind of equipment permitted by the licence to be carried
on the boat for the purpose of taking, processing or carrying fish or
sedentary organisms;
  (d) the quantity of the fish or sedentary organisms, measured as prescribed,
that the licence authorizes to be taken or processed with the use of the boat
or carried by the boat;
  (e) the kind of fish or sedentary organisms that the licence authorizes to
be taken or processed with the use of the boat or carried by the boat;
  (f) the conditions to which the licence is subject;
  (g) the method or methods by which the licence authorizes fish or sedentary
organisms to be taken, processed or carried;
  (h) the degree of control that persons who are residents of Australia or of
an external Territory have over the operations of the boat.