EXPLANATORY STATEMENT
Issued by Authority of the Minister for Agriculture, Fisheries and Forestry
Fisheries Management Act 1991
Fisheries Management (Fishing Levy Collection) Amendment (2025-2026 Instalment Dates) Regulations 2025
Legislative Authority
The Fisheries Management Act 1991 (the Management Act) provides for the efficient and cost‑effective management of Commonwealth Fisheries; the exploitation of fisheries resources in a manner consistent with the principles of ecologically sustainable development; the maximising of the net economic returns to the Australian community; the ensuring of accountability to the fishing industry; and the achievement of government targets in relation to the recovery of costs to the Australian Fisheries Management Authority (AFMA).
Subsection 168(1) of the Management Act provides that the Governor-General may make regulations prescribing all matters required or permitted by the Management Act to be prescribed, or necessary or convenient to be prescribed in carrying out or giving effect to the Management Act.
Section 110 of the Management Act provides that the levy imposed by the Fishing Levy Act 1991 (the Levy Act) is due and payable at a time or times ascertained in accordance with the regulations. Under subsection 111(1) of the Management Act the regulations may provide for the payment of an amount of levy to be made by instalments, each instalment being due and payable at a time ascertained in accordance with the regulations.
Subsection 33(3) of the Acts Interpretation Act 1901 provides that where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws) the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
Purpose
The purpose of the Fisheries Management (Fishing Levy Collection) Amendment (2025-2026 Instalment Dates) Regulations 2025 (the Regulations) is to amend the Fisheries Management (Fishing Levy Collection) Regulations 2018 (the Principal Regulations) to provide the 2025-26 financial year instalment due and payable dates, for the levy amounts set out in related instrument, made under the Levy Act, the Fishing Levy Amendment (2025-2026 Levy Amounts) Regulations 2025.
Background
AFMA’s current invoicing and collection regime was developed in consultation with the fishing industry and has been in place for over a decade. Fishing concession holders have certainty regarding the timing of the issuing of levy invoices and an expectation of when their levy payments will be due. This regime also allows for efficient and effective debt recovery processes, which are aimed at completing levy recovery within the relevant financial year.
Consultation
There was no direct consultation in relation to the specific dates in the Regulations. The changes to the due and payable dates for the 2025-26 financial year are machinery in nature and reflect timing established over the past 10 years
Impact and Effect
The impact and effect of the Regulations is to allow for payment of levies in instalments by prescribed dates.
Details/ Operation
The Regulations are a legislative instrument for the purposes of the Legislation Act 2003.
The Regulations commence on the day after the instrument is registered.
Details of the Regulations are set out in Attachment A.
Other
The Regulations are compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in Attachment B.
ATTACHMENT A
Details of the Fisheries Management (Fishing Levy Collection) Amendment (2025-2026 Instalment Dates) Regulations 2025
Section 1 – Name
This section provides that the name of the Regulations is the Fisheries Management (Fishing Levy Collection) Amendment (2025-2026 Instalment Dates) Regulations 2025 (the Regulations).
Section 2 – Commencement
This section provides for the Regulations to commence on the day after the instrument is registered.
Section 3 – Authority
This section provides that the Regulations are made under the Fisheries Management Act 1991.
Section 4 – Schedules
This section provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1 – Amendments
Fisheries Management (Fishing Levy Collection) Regulations 2018
Items [1], [2] and [3] – Paragraphs 5(3)(a), (b) and (c)
Item [1] omits “12 February 2025” and substitutes “11 February 2026” in paragraph 5(3)(a) of the Fisheries Management (Fishing Levy Collection) Regulations 2018 (the Principal Regulations).
Item [2] omits “9 April 2025” and substitutes “8 April 2026” in paragraph 5(3)(b) of the Principal Regulations.
Item [3] omits “30 May 2025” and substitutes “3 June 2026” in paragraph 5(3)(c) of the Principal Regulations.
The three instalments are due and payable on Wednesdays, with the second and third instalment each occurring eight weeks after the preceding instalment.
Items [4] and [5]– Subsection 5(4) and paragraph 5(4)(a)
Item [4] omits “15 January 2025 and before 12 February 2025”, and substitutes “14 January 2026 and before 11 February 2026” in subsection 5(4) of the Principal Regulations.
Item [5] omits “12 February 2025” and substitutes “11 February 2026” in paragraph 5(4)(a) of the Principal Regulations.
In the instance of a transfer of a leviable fishing concession between the invoice date of 14 January 2026 and 11 February 2026, the instalment is due and payable by 11 February 2026 or the day before the day a registration application is submitted, whichever comes first. The leviable fishing concession must be paid prior to the transfer.
Items [6] and [7]– Subsection 5(5) and paragraph 5(5)(a)
Item [6] omits “12 March 2025 and before 9 April 2025” and substitutes “11 March 2026 and before 8 April 2026” in subsection 5(5) of the Principal Regulations.
Item [7] omits “9 April 2025” and substitutes “8 April 2026” in paragraph 5(5)(a) of the Principal Regulations.
In the instance of a transfer of a leviable fishing concession between the invoice date of 11 March 2026 and 8 April 2026, the instalment is due and payable by 8 April 2026 or the day before the day a registration application is submitted, whichever comes first. The leviable fishing concession must be paid prior to the transfer.
Items [8] and [9] – Subsection 5(6) and paragraph 5(6)(a)
Item [8] omits “2 May 2025 and before 30 May 2025” and substitutes “6 May 2026 and before 3 June 2026” in subsection 5(6) of the Principal Regulations.
Item [9] omits “30 May 2025” and substitutes “3 June 2026” in paragraph 5(6)(a) of the Principal Regulations.
In the instance of a transfer of a leviable fishing concession between the invoice date of 6 May 2026 and 3 June 2026, the instalment is due and payable by 3 June 2026 or the day before the day a registration application is submitted, whichever comes first. The leviable fishing concession must be paid prior to the transfer.
Items [10] and [11] – Paragraphs 5(8)(a) and (b)
Item [10] omits “12 February 2025” and substitutes “11 February 2026” in paragraph 5(8)(a) of the Principal Regulations.
Item [11] omits “9 April 2025” and substitutes “8 April 2026” in paragraph 5(8)(b) of the Principal Regulations.
The two instalments are due and payable on Wednesdays, with the second instalment occurring eight weeks after the preceding instalment.
Items [12], [13] and [14] – Paragraphs 5(9)(a) and (b) and subparagraph 5(9)(b)(i)
Item [12] omits “30 May 2025” and substitutes “3 June 2026” in paragraph 5(9)(a) of the Principal Regulations.
Item [13] omits “2 May 2025 and before 30 May 2025” and substitutes “6 May 2026 and before 3 June 2026” in paragraph 5(9)(b) of the Principal Regulations.
Item [14] omits “30 May 2025” and substitutes “3 June 2026” in subparagraph 5(9)(b)(i) of the Principal Regulations.
In the instance of a transfer of a leviable Southern and Eastern Scalefish and Shark Fishery quota Statutory Fishing Right between the invoice date of 6 May 2026 and 3 June 2026, the instalment is due and payable by 3 June 2026 or the day before the day a registration application is submitted, whichever comes first. The leviable fishing concession must be paid prior to the transfer.
ATTACHMENT B
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Fisheries Management (Fishing Levy Collection) Amendment (2025-2026 Instalment Dates) Regulations 2025
This Disallowable Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Disallowable Legislative Instrument
This Disallowable Legislative Instrument provides for when levy amounts are due and payable for Commonwealth fishing concessions for the 2025-26 financial year and provides for payment of levy amounts by way of instalments.
Human rights implications
This Disallowable Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Disallowable Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
The Hon Julie Collins MP
Minister for Agriculture, Fisheries and Forestry