Statutory Fishing Rights Charge Act 1991 (Cth)

Statutory Fishing Rights Charge Act 1991

No. 157 of 1991

An Act to impose a charge on the grant of statutory fishing rights

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Statutory Fishing Rights Charge Act 1991

No. 157 of 1991

An Act to impose a charge on the grant of statutory fishing rights

[Assented to 21 October 1991]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the Statutory Fishing Rights Charge Act 1991.

2Commencement

1. (1)

   Sections 1 and 2 commence on the day on which this Act receives the Royal Assent.

2. (2)

   Subject to subsection (3), the remaining provisions of this Act commence on a day to be fixed by Proclamation.

3. (3)

   If a provision mentioned in subsection (2) does not commence under that subsection within the period of 6 months commencing on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.

3Interpretation

In this Act, unless the contrary intention appears:

statutory fishing right means a statutory fishing right granted under Part 3 of the Fisheries Management Act 1991.

4Application of Act

This Act extends to every external Territory and applies both within and outside Australia.

5Imposition of charge

Subject to section 6, charge is imposed on the grant of a statutory fishing right.

6Exemption from charge

Charge is not payable on a grant of a statutory fishing right declared by the regulations to be exempt from charge.

7Amount of charge

The amount of the charge payable in respect of the grant of a statutory fishing right is such amount as is equal to:

1. (a)

   if the right is auctioned—the amount of the highest bid made at the auction by the grantee of the right; or

2. (b)

   if tenders were called in respect of the grant of the right—the amount of the bid submitted by the grantee of the right; or

3. (c)

   if the grant of the right is made otherwise than by auction or by calling tenders—such amount as is calculated in accordance with the regulations.

8By whom is charge payable?

Charge is payable by the person to whom the right is granted.

9Regulations

The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters:

1. (a)

   required or permitted by this Act to be prescribed; or

2. (b)

   necessary or convenient to be prescribed in carrying out or giving effect to this Act.