EXPLANATORY STATEMENT
STATUTORY RULES 1986 NO. 397
Issued by the Authority of the Minister for Primary Industry
FISHERIES LEVY (NORTHERN PRAWN FISHERY) REGULATIONS (AMENDMENT)
The purpose of the amendment is to validate the collection in 1986 of certain amounts of levy that were in accordance with the policy of the Government in relation to the levy to be imposed on the northern prawn fishery (the levy policy) but that were not as prescribed by the Fisheries Levy (Northern Prawn Fishery) Regulations (the principal regulations).
The levy policy is that, for a boat in the northern prawn fishery (the fishery) for which the applicable number of Class A units is 375 or fewer, the levy for the 1986 licensing year is to be $5.00 per Class A unit. In every other case, the levy for that year is to be $10.00 per unit.
Levy is imposed by paragraph 5(a) of the Fisheries Levy Act 1984 (the Act) on the grant of prescribed boat licences and by paragraph 5(bc) or (bd) of the Act on the allocation or re-allocation of prescribed Class A units.
An anomaly arose when, on commencement of the Northern Prawn Fishery Management Plan (the Plan) in force under s.7B(1) of the Fisheries Act 1952, many holders of Class A units already held licences for the boat to which those units would be assigned. In these circumstances, the regulations prescribe that levy is imposed by paragraph 5(bc) of the Act at the rate of $10.00 per unit. This is contrary to the intention of the levy policy.
Levy was in fact collected in 1986 at the rates specified in the levy policy. This was contrary to the regulations.
The amendment validates the collection of levy that was contrary to the regulations and provides for future collection of levy in circumstances analagous to those that gave rise to the inconsistency in 1986. The retrospective operation of the amendment does not impose any additional liability upon persons who paid a lower rate of levy in 1986 than was prescribed at the time.
Overview
The Fisheries Levy (Northern Prawn Fishery) Regulations (Amendment) Statutory Rules 1986 No. 397 were enacted to address a specific anomaly in the collection of the Fisheries Levy under the Fisheries Levy Act 1984. This amendment was issued under the authority of the Minister for Primary Industry to rectify the inconsistency between the prescribed levy rates outlined in the Fisheries Levy (Northern Prawn Fishery) Regulations and the levy policy set forth by the government. The primary objective of this amendment was to validate the collection of levy in 1986, which adhered to the government's policy but deviated from the regulations, ensuring that such collections are legally recognised and consistent with the intended levy rates moving forward. This change allows for the continued imposition of levy in a manner that aligns with the specified policy, without retroactively increasing the financial burden on those who had already paid the levy at the intended rates.
Scope and Application
The Fisheries Levy (Northern Prawn Fishery) Regulations (Amendment) aims to correct a discrepancy in the application of the levy on Class A units under the Fisheries Levy Act 1984. The amendment applies to individuals or entities holding Class A units in the northern prawn fishery, specifically those with 375 or fewer units that should be taxed at $5.00 per unit, and those with more than 375 units that should be taxed at $10.00 per unit. This legislation operates within the Commonwealth jurisdiction, ensuring the levy aligns with the government's policy. The amendment rectifies the levy collection conducted in 1986, which was inconsistent with the prescribed regulations but in accordance with the intended levy policy. It also addresses prospective levy collection under similar circumstances to those that led to the 1986 anomaly, ensuring compliance with the policy without imposing additional liabilities on those who paid the intended rates. The regulations themselves may be subject to further adjustments or specifications through subordinate instruments to ensure precise application.
Key Provisions
The Fisheries Levy (Northern Prawn Fishery) Regulations (Amendment) clarify the rates at which levy should be collected from certain vessels within the northern prawn fishery, aligning the collection process with the government's levy policy. Section 3 of the Amendment specifies that for vessels with 375 or fewer Class A units, the levy for the 1986 licensing year should be $5.00 per Class A unit, while vessels with more than 375 Class A units should pay $10.00 per unit. This amendment rectifies an inconsistency that arose when many Class A unit holders already held boat licences, leading to a levy collection that did not adhere to the policy's intended rates.
The amendment imposes specific obligations on the parties involved in the northern prawn fishery. It mandates that the levy be collected in accordance with the policy's prescribed rates, ensuring that vessels with fewer than 375 Class A units pay $5.00 per unit and those with more than 375 units pay $10.00 per unit. The regulations also require that levy be collected at the time of granting boat licences and during the allocation or reallocation of Class A units. This ensures compliance with the legislative framework and the government's levy policy.
Breaches of the amended regulations could result in legal consequences. Although the amendment itself does not introduce new offences, non-compliance with the prescribed levy rates could lead to civil or administrative actions for incorrect levy collection. Under the Fisheries Levy Act 1984, failure to collect or pay the correct amount of levy could result in penalties as stipulated in the Act, which may include financial penalties or other enforcement measures. However, the Amendment specifically clarifies that retrospective collection of the levy does not impose additional liability on those who paid the lower rate in 1986.