Fisheries Agreements (Payments) Act 1981
No. 180 of 1981
An Act relating to payments under certain fisheries agreements
[Assented to 8 December 1981]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
Short title
1. This Act may be cited as the Fisheries Agreements (Payments) Act 1981.
Commencement
2. This Act shall come into operation on the day on which the Foreign Fishing Boats Levy Act 1981 comes into operation.
Effect of section 4
3. Section 4 has effect only so far as that section is a law imposing taxation or dealing with the imposition of taxation within the meaning of section 55 of the Constitution.
Payments under fisheries agreements
4. (1) If there is in force an agreement between Australia and the government of another country that contains a provision under which licences
under sub-section 9 (2) or (3) of the Fisheries Act 1952 or under sub-section 13 (2) of the Continental Shelf (Living Natural Resources) Act 1968 are agreed to be granted in respect of foreign fishing boats if an amount or amounts specified in the provision is or are paid to Australia (whether or not that amount or those amounts or any part of that amount or of those amounts is or are to be paid before the grant of any of the licences), then, notwithstanding anything contained in those Acts, the Minister or the Secretary to the Department of Primary Industry shall, in determining whether or not to grant any of the licences to which the provision relates, have regard only to the terms of the agreement.
(2) Where—
(a) an agreement that contains a provision of a kind referred to in sub-section (1) is in force;
(b) a licence or licences to which the provision relates has or have been granted under sub-section 9 (2) or (3) of the Fisheries Act 1952 or under sub-section 13 (2) of the Continental Shelf (Living Natural Resources) Act 1968 in respect of a foreign fishing boat or foreign fishing boats; and
(c) the amount or amounts specified in the provision or any part of that amount or of those amounts is not paid to Australia in accordance with the terms of the provision,
the Minister may, by notice in writing given to the holder of a licence of a kind referred to in paragraph (b), suspend the licence.
(3) Where the Minister has suspended a licence under sub-section (2), the Minister shall, by notice in writing given to the holder of the licence, revoke the suspension if the amount or the amounts the failure to pay which resulted in the suspension of the licence is or are paid to Australia.
(4) In this section, “foreign fishing boat” has the same meaning as in the Foreign Fishing Boats Levy Act 1981.
Overview
The Fisheries Agreements (Payments) Act 1981 was enacted to address the need for a legislative framework governing the payment of fees or levies under fisheries agreements between Australia and other nations. The Act was assented to on 8 December 1981 by the Queen, with the Senate and the House of Representatives of the Commonwealth of Australia as the enacting body. The primary policy objective of the Act is to ensure that the terms of any fisheries agreements concerning payments are honoured, thereby maintaining the integrity of the agreements and ensuring that Australia receives the agreed compensation for the granting of fishing licences to foreign boats. The Act stipulates that the Minister or the Secretary to the Department of Primary Industry must consider the terms of the fisheries agreements when determining whether to grant licences to foreign fishing boats. Furthermore, it empowers the Minister to suspend or revoke these licences if the required payments are not made in accordance with the agreement's terms.
Scope and Application
The Fisheries Agreements (Payments) Act 1981 applies to the processes and considerations involved in granting fishing licences to foreign fishing boats under specific agreements between Australia and other countries. The Act ensures that, where an agreement contains provisions specifying certain payments as a condition for the grant of licences, the Minister for Primary Industry or the Secretary to the Department of Primary Industry must only consider the terms of the agreement when deciding whether to grant such licences. Furthermore, if the specified payments are not made in accordance with the agreement's terms, the Minister has the authority to suspend the relevant licences, which can be revoked once the outstanding payments are settled. The Act's jurisdictional reach is national, extending across the Commonwealth of Australia, and it interacts with other relevant legislation such as the Fisheries Act 1952 and the Continental Shelf (Living Natural Resources) Act 1968. There are no stated exclusions or exemptions within the Act itself, but the scope of its application may be influenced by subordinate instruments or specific provisions within the referenced agreements.
Key Provisions
The Fisheries Agreements (Payments) Act 1981 (sections 4) provides a framework for handling payments under certain fisheries agreements between Australia and other countries. According to Section 4(1), the Minister or the Secretary to the Department of Primary Industry must consider the terms of any applicable agreement when determining whether to grant licenses for foreign fishing boats under the Fisheries Act 1952 or the Continental Shelf (Living Natural Resources) Act 1968. These licenses can only be granted if the specified payments are made to Australia as per the terms of the agreement. Section 4(2) further stipulates that if such an agreement is in force, and a license has been granted, but the specified payment is not made, the Minister has the authority to suspend the license by providing written notice to the license holder. This suspension can be lifted, as stated in Section 4(3), once the required payment is made, and the Minister issues a written notice to the license holder.
The Act imposes specific obligations on the Minister or the Secretary to the Department of Primary Industry. They must adhere to the terms of any relevant agreements when making decisions about licensing foreign fishing boats. Additionally, they are required to suspend a license if the conditions of the agreement, particularly the payment terms, are not met. The Minister must also communicate any suspension or revocation of a license in writing to the license holder. Furthermore, the Act requires that any payments specified in the agreements are made to Australia, and if not, the Minister is mandated to take action to enforce compliance.
Breach of the Act’s provisions can lead to significant consequences. Specifically, Section 4(2) empowers the Minister to suspend a license if the specified payments are not made as per the agreement. This suspension is a direct consequence of non-compliance with the payment terms outlined in the relevant fisheries agreement. Additionally, if a license holder fails to rectify the non-payment and the Minister proceeds to suspend the license, the license holder may face continued suspension until the payment is made. While the Act does not specify monetary penalties, the enforcement of license suspension serves as a substantial deterrent to non-compliance. The Act ensures that the terms of the international agreements are strictly adhered to, thereby protecting Australia’s interests in fisheries management and revenue.