Fisheries Agreements (Payments) Act 1991
No. 151, 1991
An Act relating to payments under certain fisheries agreements
Contents
1 Short title
2 Commencement
3 Interpretation
4 Effect of section 5 or 6
5 Payments under fisheries agreements entered into with the government of another country
6 Payments under fisheries agreements entered into otherwise than with the government of another country
Fisheries Agreements (Payments) Act 1991
No. 151, 1991
An Act relating to payments under certain fisheries agreements
[Assented to 21 Oct 1991]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Fisheries Agreements (Payments) Act 1991.
2 Commencement
(1) Sections 1 and 2 commence on the day on which this Act receives the Royal Assent.
(2) Subject to subsection (3), the remaining provisions of this Act commence on a day to be fixed by Proclamation.
(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.
3 Interpretation
In this Act, unless the contrary intention appears:
AFMA means the Australian Fisheries Management Authority.
licence means a foreign fishing licence granted under Part 3 of the Fisheries Management Act 1991.
4 Effect of section 5 or 6
Section 5 or 6 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.
5 Payments under fisheries agreements entered into with the government of another country
(1) If:
(a) there is in force an agreement between the Commonwealth and the government of another country; and
(b) the agreement contains a provision under which licences are agreed to be granted if an amount specified in the provision is paid to the Commonwealth (whether or not that amount or any part of that amount is to be paid before the grant of any of the licences);
AFMA must, 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 mentioned in subsection (1) is in force; and
(b) a licence to which the provision relates has been granted; and
(c) the whole or part of an amount specified in the provision is not paid to the Commonwealth in accordance with the terms of the provision;
AFMA may suspend the licence by written notice given to the holder of the licence.
(3) Where AFMA has suspended a licence under subsection (2) and the amount concerned is fully paid, AFMA must revoke the suspension by written notice given to the holder of the licence.
6 Payments under fisheries agreements entered into otherwise than with the government of another country
(1) Where:
(a) AFMA 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 if an amount specified in the provision is paid to the Commonwealth;
AFMA must, in determining whether or not to grant licences to which the provision relates, have regard only to the terms of the agreement.
(2) AFMA must not grant any of the licences to which the provision relates unless the amount specified in the provision has been paid to the Commonwealth in accordance with the terms of the provision.
Overview
The Fisheries Agreements (Payments) Act 1991 was enacted to address the financial arrangements associated with the granting of fishing licences under certain fisheries agreements. This legislation was introduced by the Parliament of Australia to ensure that payments made under these agreements are properly accounted for and managed. The Act aims to clarify the obligations and rights of the Australian Fisheries Management Authority (AFMA) in relation to the grant of fishing licences when certain agreements specify financial conditions for their issuance. It ensures that AFMA adheres to the terms of the agreements, whether they are with foreign governments or other entities, and provides mechanisms for the suspension and revocation of licences based on the payment of specified amounts. The Act also stipulates the circumstances under which payments can be considered in the decision-making process for granting licences, ensuring that these decisions are strictly aligned with the terms of the agreements in place.
Scope and Application
The Fisheries Agreements (Payments) Act 1991 is a Commonwealth Act that governs the payment requirements under certain fisheries agreements between the Australian government and other countries or entities. The Act applies to the Australian Fisheries Management Authority (AFMA) when determining whether to grant foreign fishing licences in accordance with the terms of an agreement, specifically regarding the payment of specified amounts to the Commonwealth. The Act delineates that its provisions, except for those imposing taxation, are subject to the Constitution's taxation provisions. The Act has a national jurisdictional reach, extending to agreements entered into by AFMA with governments of other countries or with non-governmental entities, and governs the process of licence granting and suspension based on payment compliance. The Act does not specify any exclusions, exemptions, or thresholds, but it allows for the extension of its application through subordinate instruments, such as regulations or guidelines issued by the relevant authorities.
Key Provisions
The Fisheries Agreements (Payments) Act 1991 outlines specific provisions related to payments under fisheries agreements. Section 5 addresses payments under agreements between the Commonwealth and another government. When such an agreement is in place and includes a stipulation that licences are to be granted upon payment of a specified amount to the Commonwealth, the Australian Fisheries Management Authority (AFMA) must consider only the agreement's terms when deciding whether to grant these licences (s 5(1)). If the payment is not made in full or part, AFMA has the authority to suspend the licence by providing written notice to the licence holder (s 5(2)). However, if the outstanding amount is subsequently paid, AFMA must revoke the suspension by issuing another written notice (s 5(3)). Section 6 deals with agreements not entered into with another government. Here, if AFMA enters into an agreement with a non-governmental entity that includes a payment requirement for licence grants, AFMA must again consider only the agreement's terms when deciding whether to grant the licences (s 6(1)). Importantly, AFMA is prohibited from granting these licences unless the required payment has been made to the Commonwealth as specified in the agreement (s 6(2)).
The Act imposes several obligations on AFMA. When an agreement with a foreign government is in effect, AFMA must adhere strictly to the terms of the agreement in its decision-making process regarding licence grants (s 5(1)). This includes having regard to the payment provisions outlined in the agreement. In cases where a licence has already been granted but the payment is not fully made, AFMA is required to suspend the licence and notify the licence holder in writing (s 5(2)). Conversely, if the payment is eventually made, AFMA must promptly revoke the suspension and inform the licence holder accordingly (s 5(3)). For agreements not involving another government, AFMA must ensure that the specified payment is received before any licences are granted (s 6(2)). This involves a strict adherence to the financial terms stipulated in the agreement.
Breach of the Act's provisions can lead to several consequences. For instance, if AFMA fails to suspend a licence when the required payment is not made, this could be seen as non-compliance with the Act's requirements (s 5(2)). The Act does not explicitly state penalties for such breaches, but non-compliance could potentially result in legal challenges or administrative actions. Additionally, if AFMA grants a licence without the required payment being made, as stipulated in Section 6, this would also be a breach of the Act. While the Act does not detail specific penalties for these breaches, they could potentially lead to legal repercussions or administrative sanctions against AFMA or the responsible officials.