Fisheries Levy Amendment Act 1985

Legislation au C2004A03069 Not in force Act

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Fisheries Levy Amendment Act 1985

No. 30 of 1985

 

An Act to amend the Fisheries Licences Levy Act 1984

[Assented to 22 May 1985]

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 Levy Amendment Act 1985.

Commencement

2. This Act shall come into operation on the day fixed under section 2 of the Fishing Legislation Amendment Act 1985.

Principal Act

3. The Fisheries Licences Levy Act 19841 is in this Act referred to as the Principal Act.

Long title

4. The title to the Principal Act is amended by adding at the end “and certain units of fishing capacity”.

Short title

5. Section 1 of the Principal Act is amended by omitting “Licences”.


6. Section 3 of the Principal Act is repealed and the following section is substituted:

Interpretation

“3. (1) In this Act, unless the contrary intention appears—

‘fisheries licence’ means a licence under the Fisheries Act 1952 or the Torres Strait Fisheries Act 1984;

‘fishery’ means a class of activities by way of fishing, being a class of such activities that is identified in a plan of management as a fishery to which the plan of management applies;

‘plan of management’ means a plan of management determined under sub-section 7b (1) of the Fisheries Act 1952.

“(2) A reference in this Act to units of fishing capacity is a reference to the units into which, under a plan of management for a fishery, the fishing capacity permitted for the fishery is divided.”.

Imposition of levy

7. Section 5 of the Principal Act is amended—

(a) by inserting after paragraph (b) the following paragraphs:

“(ba) the renewal under sub-section 9 (6b) of the Fisheries Act 1952 of a licence granted under sub-section 9 (2) or (3) of that Act, being a licence included in a class of licences prescribed for the purposes of this paragraph;

(bb) the variation under sub-section 9 (7a) of the Fisheries Act 1952 of a licence granted under sub-section 9 (2) or (3) of that Act, being a licence included in a class of licences prescribed for the purposes of this paragraph;

(bc) the allocation of units of fishing capacity, being units of fishing capacity prescribed for the purposes of this paragraph;

(bd) the renewal of the allocation of units of fishing capacity, being units of fishing capacity prescribed for the purposes of this paragraph;”;

(b) by omitting from paragraph (f) “and”; and

(c) by inserting after paragraph (f) the following paragraph:

“(fa) the variation under sub-section 25a (1) of the Torres Strait Fisheries Act 1984 of a licence granted under sub-section 19 (2) or (3) of that Act, being a licence included in a class of licences prescribed for the purposes of this paragraph; and”.

Amount of levy

8. Section 6 of the Principal Act is amended—

(a) by inserting in sub-section (1) “, the variation of a fisheries licence, the allocation of a unit of fishing capacity, the renewal of the allocation of a unit of fishing capacity” after “the endorsement of a fisheries licence”;


(b) by omitting from paragraph (2) (b) “and”; and

(c) by inserting after paragraph (2) (b) the following paragraph:

“(ba) units of fishing capacity included in different classes of units of fishing capacity; and”.

Payment of levy

9. Section 7 of the Principal Act is amended by adding at the end the following sub-sections:

“(4) The amount of the levy imposed by this Act on the variation of a fisheries licence is payable by the holder of the licence at the time of the variation of the licence.

“(5) The amount of the levy imposed by this Act on the allocation of a unit of fishing capacity is payable by the person to whom the unit of fishing capacity is allocated at the time of the allocation of the unit of fishing capacity.

“(6) The amount of the levy imposed by this Act on the renewal of the allocation of a unit of fishing capacity is payable by the holder of the unit of fishing capacity at the time of the renewal of the allocation of the unit of fishing capacity.”.

Regulations

10. Section 8 of the Principal Act is amended by adding at the end the following sub-section:

“(2) Notwithstanding section 49a of the Acts Interpretation Act 1901, the regulations may make provision for or in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in a plan of management, being a plan of management as in force at a particular time or as in force from time to time.”.

 

NOTE

1. No. 151, 1984.

 

[Minister’s second reading speech made in—

House of Representatives on 17 April 1985

Senate on 14 May 1985]

Overview

The Fisheries Levy Amendment Act 1985 was enacted by the Parliament of Australia to address the need for adjustments to the existing Fisheries Licences Levy Act 1984. This amendment was intended to enhance the regulation and management of fisheries licensing and fishing capacity units by broadening the scope of activities subject to the levy and refining the definition and application of terms within the principal Act. The Act ensures that the levy applies to various transactions, including the renewal and variation of fisheries licenses, as well as the allocation and renewal of units of fishing capacity. By amending the Principal Act, the legislation aims to provide a more comprehensive framework for managing fisheries resources, reflecting contemporary policy objectives and operational requirements in the fisheries sector.

Scope and Application

The Fisheries Levy Amendment Act 1985 amends the Fisheries Licences Levy Act 1984 by introducing changes that extend the scope of the levy to cover additional activities and entities within Australia's fisheries management framework. The Act applies to persons and entities involved in the renewal, variation, allocation, and renewal of allocation of fisheries licences and units of fishing capacity under the Fisheries Act 1952 and the Torres Strait Fisheries Act 1984. These activities are prescribed by the Act and pertain to specific classes of licences and units of fishing capacity, as determined through subordinate legislation. The Act imposes a levy on these specified activities, with the levy amount payable at the time of the activity, as outlined in the amended sections of the Principal Act. The geographic reach of the Act is national, as it pertains to federal fisheries legislation. While the Act primarily extends the application of the levy, it does not explicitly state exclusions or exemptions, leaving such determinations to be addressed in subordinate regulations or further legislative amendments. The Act also allows for the incorporation of plan of management provisions into regulations, facilitating a more integrated approach to fisheries management.

Key Provisions

The Fisheries Levy Amendment Act 1985 (Act) amends the Fisheries Licences Levy Act 1984 (Principal Act) by introducing new provisions concerning the imposition of a levy on certain activities related to fisheries licenses and units of fishing capacity. Section 7 of the Act specifies that the levy applies to the renewal and variation of fisheries licenses, as well as the allocation and renewal of the allocation of units of fishing capacity. These activities are now subject to the levy as outlined in section 6 of the Principal Act. The amount of the levy for the variation of a fisheries licence is to be paid by the licence holder at the time of variation, while the levy for the allocation of a unit of fishing capacity is payable by the person to whom the unit is allocated at the time of allocation (section 9). Entities governed by the Act are required to comply with the new levy provisions by ensuring that payments are made at the specified times for the specified activities. The Act places an obligation on licence holders and units of fishing capacity allocators to pay the levy when they undertake the activities mentioned (section 9). This means that any person or entity involved in the variation of a fisheries licence, the allocation of a unit of fishing capacity, or the renewal of such allocation must make the corresponding levy payment as stipulated. Failure to comply with the levy requirements established by this Act may result in penalties. While the Act does not explicitly state the penalties for non-compliance, it is reasonable to infer that non-payment of the required levies could lead to legal consequences under the Principal Act or other related legislation. Typically, such non-compliance could result in fines or other enforcement actions, although the exact penalties would depend on further legislative or regulatory specifications. The enforcement of these provisions ensures that the financial obligations under the amended Act are met, thereby supporting the regulatory framework for fisheries management.

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