Fisheries Levy Act 1984 Regulations (Repeal) 1996 No. 319
EXPLANATORY STATEMENT STATUTORY RULES 1996 No. 319
Issued by the authority of the Minister for Resources and Energy Fisheries Levy Act 1984
Fisheries Levy Act 1984 Regulations (Repeal)
Section 8 of the Fisheries Levy Act 1984 (the Levy Act) empowers the Governor- General to make regulations for the purposes of sections 5 and 6 of the Levy Act. Section 5 of the Levy Act imposes levy in respect of the grant, renewal, endorsement or variation of a fisheries licences under the Fisheries Act 1952 (Fisheries Act) or the Torres Strait Fisheries Act 1984 (Torres Strait Act), the allocation or a renewal of the allocation of a unit of fishing capacity under the Fisheries Act or the making of an entry in a fisheries licence under the Torres Strait Act. Section 6(1) of the Levy Act provides that the amount of levy imposed in respect of any of these matters is such amount as is specified in, or calculated in accordance with, the Regulations.
Subsection 33(3) of the Acts Interpretation Act 1901 provides, among other things, that where an Act confers power to make regulations the power shall, unless the contrary intention appears, be construed as including a power, exercisable in like manner, to repeal the regulations. No such contrary intention appears in the Levy Act.
The Regulations referred to below currently specify the amount of levy imposed in respect of fisheries licences granted under the Fisheries Act. The Fisheries Act ceased to have effect at the end of 2 February 1995. As a consequence the following Regulations (the principal Regulations), made under the Levy Act are now superfluous and may be repealed:
the Fisheries Levy (Bass Strait Scallop Fishery) Regulations;
the Fisheries Levy (East Coast Tuna Longline Fishery) Regulations; the Fisheries Levy (Gemfish Fishery) Regulations;
the Fisheries Levy (Kimberley Coast Prawn Trawl Fishery) Regulations; the Fisheries Levy (North West Slope Trawl Fishery) Regulations;
the Fisheries Levy (Northern Prawn Fishery) Regulations; the Fisheries Levy (South East Fishery) Regulations;
the Fisheries Levy (South Western Sector Trawl Fishery) Regulations; the Fisheries Levy (Southern Shark Fishery) Regulations; and
the Fisheries Levy (Western and North Western Deep-water Trawl Fisheries) Regulations.
The Fisheries Levy Act 1984 Regulations (Repeal) (the Regulations) repeal the principal Regulations. Levies for fisheries managed by the Australian Fisheries Management Authority on behalf of the Commonwealth are now set under the Fishing Levy Act 1991.
Details of the Regulations, which commenced on gazettal, are set out below:
Regulation 1 provides for the repeal of the Statutory Rules set out in the Schedule, which comprise the principal Regulations.
Overview
The Fisheries Levy Act 1984 Regulations (Repeal) 1996 No. 319 was introduced to address the redundancy of certain regulations following the cessation of the Fisheries Act 1952. This Act, enacted by the Parliament of Australia, aimed to streamline the regulatory framework surrounding fisheries levies by repealing outdated regulations that were no longer applicable due to changes in fisheries management. The objective of these regulations, as stated in the explanatory statement, is to remove superfluous rules that were established under the now-defunct Fisheries Act, thereby ensuring that only relevant and current regulations govern fisheries levies imposed under the Fisheries Levy Act 1984. The repealing regulations were issued under the authority of the Minister for Resources and Energy, aligning with the legislative intent to maintain an efficient and up-to-date regulatory system for fisheries management in Australia.
Scope and Application
The Fisheries Levy Act 1984 Regulations (Repeal) 1996 No. 319 serves to repeal a series of regulations previously established under the Fisheries Levy Act 1984, which originally specified the amount of levy imposed on various fisheries licences and activities. These repealed regulations, including those for specific fisheries such as the Bass Strait Scallop Fishery and the North West Slope Trawl Fishery, are now redundant following the cessation of the Fisheries Act 1952 and the introduction of new legislative frameworks for fisheries management. The repeal effectively aligns the regulatory framework with the current legislative structure, which now sets fisheries levies under the Fishing Levy Act 1991. The Regulations, which came into effect upon gazettal, extend to the Commonwealth and are applicable to the cessation of the specified fisheries levies previously managed under the repealed regulations. This repeal streamlines the administration of fisheries levies and reflects the current jurisdictional and legislative environment.
Key Provisions
The Fisheries Levy Act 1984 Regulations (Repeal) 1996 No. 319 (the Regulations) repeal several existing fisheries levy regulations previously made under the Fisheries Levy Act 1984. These regulations are rendered superfluous due to the cessation of the Fisheries Act 1952 and its replacement by other legislative frameworks. The principal regulations repealed include those pertaining to specific fisheries such as the Bass Strait Scallop Fishery, East Coast Tuna Longline Fishery, and others listed in the Schedule of the Regulations. Regulation 1 explicitly repeals these existing regulations, which had previously specified the amount of levy imposed on various fisheries licences and allocations.
The Act imposes obligations on the relevant authorities to ensure that the fisheries levies are no longer applicable under the repealed regulations. This includes the cessation of levy imposition on fisheries activities previously governed by the Fisheries Act 1952, as these activities are now managed under different legislative regimes. The Fisheries Levy Act 1984 provides the legislative basis for imposing these levies, but the repeal of the associated regulations means that the new framework under the Fishing Levy Act 1991 now governs the imposition of any such levies.
The Regulations do not introduce new obligations but rather clarify the scope of the Fisheries Levy Act 1984 by removing outdated regulatory provisions. The repeal of these regulations ensures that there is no ambiguity or confusion in the application of fisheries levies, as the new framework under the Fishing Levy Act 1991 is now the sole governing legislation for fisheries levies.
There are no specific offences or penalties outlined in the Fisheries Levy Act 1984 Regulations (Repeal) 1996 No. 319, as the primary focus is on repealing existing regulations. However, any breaches of the Fisheries Levy Act 1984 or subsequent regulations, including those under the Fishing Levy Act 1991, may result in civil or criminal consequences. The maximum penalties for such breaches would be determined by the relevant provisions of the Fisheries Levy Act 1984 or the Fishing Levy Act 1991, depending on the nature and severity of the offence. These penalties may include fines or other sanctions as prescribed by the applicable legislation.