Fisheries Management (Refund) Regulations 1992

Legislation au C2004L00807 Regulations Not in force Legislative Instrument

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Fisheries Management (Refund) Regulations 1992

Statutory Rules 1992 No. 407 as amended

made under the

Fisheries Management Act 1991

This compilation was prepared on 29 November 2000
taking into account amendments up to SR 2000 No. 311

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents

Page

 1 Name of regulations [see Note 1] 

 3 Refund of levy 

 4 Refund of levy paid for SENTF fishing permits 

 

 

 

 

 

1 Name of Regulations [see Note 1]

  These Regulations are the Fisheries Management (Refund) Regulations 1992.

3 Refund of levy

 (1) If:

 (a) the holder of a fishing permit has paid levy under Part 17 of the Fishing Levy (All Fisheries) Regulations in respect of a period, or part of a period, for which the permit has been granted; and

 (b) the holder surrenders the permit before the end of that period or part;

  AFMA must refund to the holder an amount calculated in accordance with the following formula:

  where:

levy paid is the amount of levy paid in respect of the period or part of the period.

paid period is the number of days in the period or part for which levy has been paid.

unexpired period is the number of days between:

 (a) the date of surrender; and

 (b) the day immediately following the day on which the period or part ends.

Note   Part 17 of the Fishing Levy (All Fisheries) Regulations provides for payment of levies in relation to informally managed fisheries.

 (2) If, in relation to a period, or part of a period, for which a fishing permit has been granted, a holder of the permit:

 (a) has paid levy under the repealed Regulations; and

 (b) surrenders the permit on or after the commencement of the Fishing Levy (All Fisheries) Regulations but before the end of that period or part;

  levy is taken, for the purposes of subregulation (1), to have been paid under Part 17 of the Fishing Levy (All Fisheries) Regulations.

 (3) In this regulation:

repealed Regulations means the Fishing Levy Regulations in force immediately before the commencement of the Fishing Levy (All Fisheries) Regulations.

4 Refund of levy paid for SENTF fishing permits

 (1) This regulation applies to levy paid in accordance with regulation 11.2 of the Fishing Levy Regulations 1998 by the holder of an SENTF fishing permit:

 (a) that was in force on 16 April 1999; and

 (b) to which paragraph (b) or (d) of that regulation applied.

Note   Under regulation 11.2 of the Fishing Levy Regulations 1998, the amount of levy for an SENTF fishing permit in force on 16 April 1999 was the total of the following amounts:

(a) $1 126;

(b) if the permit authorises fishing for blue-eye trevalla — the amount calculated by multiplying the number of permanent units for blue-eye trevalla mentioned in Attachment B to the permit by 54.3 cents;

(c) if the permit authorises fishing for pink ling — the amount calculated by multiplying the number of permanent units for pink ling mentioned in Attachment B to the permit by 38 cents;

(d) if the permit authorises fishing for blue warehou — the amount calculated by multiplying the number of permanent units for blue warehou mentioned in Attachment B to the permit by 1.8 cents.

 (2) AFMA must refund to the holder the amount (if any) by which the amount of levy paid exceeds the revised amount for the permit.

 (3) In this regulation:

amount of levy paid, for a permit, means the total of the amounts paid by the holder of the permit in accordance with paragraphs 11.2 (b) and (d) of the Fishing Levy Regulations 1998.

revised amount, for a permit, means the total of:

 (a) if the permit authorised fishing for blue-eye trevalla — the amount calculated by multiplying the number of permanent units for blue-eye trevalla mentioned in Attachment B to the permit by 53.3 cents; and

 (b) if the permit authorised fishing for blue warehou — the amount calculated by multiplying the number of permanent units for blue warehou mentioned in Attachment B to the permit by 1.7 cents.

SENTF fishing permit means a fishing permit for the South East Non‑trawl Fishery.

Notes to the Fisheries Management (Refund) Regulations 1992

Note 1

The Fisheries Management (Refund) Regulations 1992 (in force under the Fisheries Management Act 1991) as shown in this compilation comprise Statutory Rules 1992 No. 407 amended as indicated in the Tables below.

Table of Statutory Rules

Year and
number

Date of notification
in Gazette

Date of
commencement

Application, saving or
transitional provisions

1992 No. 407

16 Dec 1992

16 Dec 1992

 

1996 No. 318

20 Dec 1996

20 Dec 1996

—

1999 No. 55

9 Apr 1999

9 Apr 1999

—

2000 No. 311

29 Nov 2000

29 Nov 2000

—

 

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

R. 1.................

rs. 1999 No. 55

R. 2.................

am. 1996 No. 318

R. 3.................

am. 1996 No. 318

R. 4.................

ad. 1999 No. 55

 

rs. 2000 No. 311

 

 

Overview

The Fisheries Management (Refund) Regulations 1992 were enacted under the Fisheries Management Act 1991 to address issues related to the refund of levies paid under the Fishing Levy (All Fisheries) Regulations. These regulations were introduced to ensure that fishers are appropriately refunded for any levies paid in situations where they surrender their fishing permits before the end of the levy period. The enacting body for these regulations is the Parliament of Australia, with the intent to provide a clear and fair process for levy refunds. The policy objective is to support fishers by ensuring they are not financially disadvantaged when circumstances require them to surrender their permits early, thereby maintaining fairness and compliance within the fisheries management framework. These regulations outline the specific circumstances under which Australian Fisheries Management Authority (AFMA) must refund the levy paid by permit holders who surrender their permits before the levy period ends. The regulations also provide detailed provisions for refund calculations and address specific cases, such as the refund for South East Non-trawl Fishery (SENTF) fishing permits. The overarching aim is to provide a transparent and equitable refund mechanism that aligns with the broader objectives of the Fisheries Management Act 1991.

Scope and Application

The Fisheries Management (Refund) Regulations 1992, made under the Fisheries Management Act 1991, apply to individuals or entities that hold a fishing permit and have paid a levy under Part 17 of the Fishing Levy (All Fisheries) Regulations in respect of a specific period or part of a period for which the permit has been granted. This regulation is concerned with the refund of such levies when a permit is surrendered before the end of the period. The regulations cover both current and repealed Fishing Levy Regulations, ensuring a smooth transition for permit holders. The scope of these regulations is national, operating within Australia's jurisdiction, and they extend to all fishing permits subject to the Fishing Levy (All Fisheries) Regulations. The application of these regulations is further detailed and may be extended or restricted through subordinate instruments, providing flexibility in their implementation. Notably, these regulations do not apply to all fishing permits, but specifically those that fall under the purview of the Fishing Levy (All Fisheries) Regulations.

Key Provisions

The Fisheries Management (Refund) Regulations 1992, as amended, set forth the procedures for refunding levies paid in relation to fishing permits under the Fisheries Management Act 1991. Regulation 3 outlines the circumstances under which the Australian Fisheries Management Authority (AFMA) must refund a portion of the levy if a permit holder surrenders their permit before the end of the permit period. Specifically, Regulation 3(1) states that if a permit holder has paid a levy under Part 17 of the Fishing Levy (All Fisheries) Regulations for a period or part of a period for which the permit has been granted, and then surrenders the permit before the end of that period, AFMA must refund the levy proportionately. The refund calculation, detailed in the formula provided, considers the amount of levy paid, the number of days for which the levy was paid, and the number of days remaining on the permit. The obligations imposed by these regulations are primarily on the permit holders and AFMA. Permit holders must ensure that they comply with the conditions of their permit and that they surrender the permit if they no longer intend to use it. AFMA, on the other hand, is responsible for calculating and issuing refunds in accordance with the specified regulations. Under Regulation 4, AFMA must also refund any excess levy paid for South East Non-trawl Fishery (SENTF) permits in force on 16 April 1999, based on the revised levy rates. This includes calculating the difference between the amount of levy paid and the revised amount, and refunding any excess to the permit holder. Failure to comply with the refund provisions could lead to various consequences. While the specific offences, penalties, or consequences for breach are not explicitly stated in the text provided, breaches of legislative requirements under the Fisheries Management Act 1991 could potentially lead to enforcement actions by AFMA. These actions might include fines or other penalties as prescribed by relevant laws. The maximum penalties for such breaches would depend on the specific nature of the offence and the discretion of the court or administrative tribunal dealing with the matter.

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