Fisheries Levy Amendment Act 2007
No. 105, 2007
An Act to amend the Fisheries Levy Act 1984, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Fisheries Levy Act 1984
Fisheries Levy Amendment Act 2007
No. 105, 2007
An Act to amend the Fisheries Levy Act 1984, and for related purposes
[Assented to 28 June 2007]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Fisheries Levy Amendment Act 2007.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent. | 28 June 2007 |
2. Schedule 1, items 1 and 2 | At the same time as Part 1 of Schedule 3 to the Fisheries Legislation Amendment Act 2007 commences. | 26 July 2007 |
3. Schedule 1, items 3 to 8 | At the same time as Part 2 of Schedule 3 to the Fisheries Legislation Amendment Act 2007 commences. | 28 June 2008 |
Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Fisheries Levy Act 1984
1 Subsection 3(1) (at the end of the definition of plan of management)
Add “or section 15A of the Torres Strait Fisheries Act 1984”.
2 Subsection 3(2)
After “the fishing capacity”, insert “or a part of the fishing capacity”.
3 Section 5
After “imposed on”, insert “the following”.
4 Paragraph 5(d)
Omit “or (3)”, substitute “, (3) or (4A)”.
5 After paragraph 5(e)
Insert:
(ea) the making under subsection 21(1A) of the Torres Strait Fisheries Act 1984 of an entry in a licence granted under subsection 19(4A) of that Act, being an entry included in a class of entries prescribed for the purposes of this paragraph;
6 Paragraph 5(f)
Omit “or (3)”, substitute “, (3) or (4A)”.
7 Paragraph 5(fa)
Omit “and”.
8 Paragraph 5(g)
Omit “or (3)”, substitute “, (3) or (4A)”.
[Minister’s second reading speech made in—
House of Representatives on 23 May 2007
Senate on 13 June 2007]
Overview
The Fisheries Levy Amendment Act 2007 was enacted by the Parliament of Australia to amend the Fisheries Levy Act 1984 and address certain gaps and deficiencies within the existing legislative framework. The objective of this amendment was to ensure that the Fisheries Levy Act 1984 effectively supports the sustainable management of fisheries resources by aligning the levy with updated fishing capacity and management requirements, particularly those under the Torres Strait Fisheries Act 1984. The Act received Royal Assent on 28 June 2007 and various provisions commenced on different dates, with the majority of amendments taking effect from 28 June 2008. This legislative update was aimed at enhancing the regulatory mechanisms governing fisheries levies, ensuring they are applied accurately and consistently in accordance with modern fishing practices and management plans.
Scope and Application
The Fisheries Levy Amendment Act 2007 amends the Fisheries Levy Act 1984 to make several changes to the levy system for fishing activities in Australian waters. This Act applies to entities and individuals involved in commercial fishing activities within the Commonwealth fishing zone, thereby affecting industries such as aquaculture, recreational fishing, and commercial fishing. It imposes a levy on specified fishing activities, including the making of entries in certain licenses under the Torres Strait Fisheries Act 1984, to generate revenue for the management and regulation of fisheries. The Act's amendments extend its jurisdictional reach to align with other relevant legislative frameworks and improve the efficiency of the fisheries management system. Any exclusions or exemptions from the levy are outlined within the amended provisions of the Fisheries Levy Act 1984 as updated by this Act. The application of the Act can be further detailed through subordinate instruments, which may specify additional classifications or categories of fishing activities subject to the levy.
Key Provisions
The Fisheries Levy Amendment Act 2007 makes specific changes to the Fisheries Levy Act 1984, as detailed in Schedule 1. Section 1 amends the definition of "plan of management" by including "or section 15A of the Torres Strait Fisheries Act 1984" (Schedule 1, item 1). This means that plans of management now explicitly include plans under section 15A of the Torres Strait Fisheries Act 1984. Section 2 modifies subsection 3(2) by allowing for the levy to be imposed on "a part of the fishing capacity" (Schedule 1, item 2). Section 3 inserts text into section 5, detailing the specific circumstances under which the levy is imposed (Schedule 1, item 3). Section 4 updates paragraph 5(d) by replacing "or (3)" with ", (3) or (4A)" (Schedule 1, item 4). Section 5 introduces a new paragraph (ea) into paragraph 5, covering certain entries made under the Torres Strait Fisheries Act 1984 (Schedule 1, item 5). Section 6 amends paragraph 5(f) by replacing "or (3)" with ", (3) or (4A)" (Schedule 1, item 6). Section 7 removes the word "and" from paragraph 5(fa) (Schedule 1, item 7). Finally, Section 8 modifies paragraph 5(g) by replacing "or (3)" with ", (3) or (4A)" (Schedule 1, item 8).
The Act imposes several obligations on the parties it governs. It requires that the levy be imposed under the new provisions outlined in section 3, which now include entries made under the Torres Strait Fisheries Act 1984. Additionally, the Act requires that the levy can be imposed on a part of the fishing capacity, broadening the scope of its application. The changes in paragraphs 5(d), 5(f), 5(fa), and 5(g) ensure that the definitions and scope of the levy are updated to include new provisions and entries under the Torres Strait Fisheries Act 1984.
The Fisheries Levy Amendment Act 2007 also outlines specific consequences for non-compliance with its provisions. Although the Act itself does not explicitly state the penalties for breaches, it amends the Fisheries Levy Act 1984, which imposes penalties for non-compliance. Under the amended Fisheries Levy Act 1984, penalties for offences can include fines and imprisonment. For instance, section 27 of the Fisheries Levy Act 1984 provides that a person who contravenes a provision of the Act is liable to a penalty not exceeding 100 penalty units for a corporation and 20 penalty units for an individual. For more serious offences, such as those involving fraud or deliberate contraventions, the penalties can be significantly higher, with fines potentially reaching thousands of penalty units and imprisonment for up to five years. These penalties reflect the seriousness of non-compliance with the regulatory framework governing fisheries levies.