Fisheries Management Regulations (Amendment) 1994 No. 77
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 77
Issued by the authority of the Minister for Resources
Fisheries Management Act 1991
Fisheries Management Regulations (Amendment)
Section 168 of the Fisheries Management Act 1991 (the Management Act) empowers the Governor-General to make regulations for the purposes of the Management Act. Section 110 and Paragraph 168 (1) (a) of the Management Act empower the Governor-General to make regulations providing for the ascertainment of when levy imposed by the Fishing Levy Act 1991 (the Levy Act) is due and payable.
Regulation 19A of the Fisheries Management Regulations (the Principal Regulations), specifies when particular levies imposed by the Levy Act are due and payable. The relevant levies are levies imposed in respect of a fishing permit that includes a condition by reference to which the amount of levy is prescribed. Regulation 19A also provided for an exemption from this requirement, for amounts of levy imposed by the Levy Act and quantified by the Fishing Levy (Southern Shark Fishery Research) Regulations (the Research Regulations).
The Regulations amend the Principal Regulations to revise the exemption. The amendment takes account of the repeal of the Research Regulations and the amendment to the Fishing Levy (Southern Shark Fishery) Regulations (the Levy Regulations).
The Regulations:
• omit the exemption relating to the Research Regulations in Regulation 19A, as that reference is no longer required; and
• substitute a new exemption relating to the Levy Regulations, as ascertainment of when the amounts of levy quantified under the Levy Regulations are due and payable are ascertained under the Levy Regulations themselves, even though those amounts are calculated by reference to conditions included on fishing permits.
Details of the Regulations, which commenced on gazettal, are set out below:
Regulation 1 provides for the amendment of the Principal Regulations.
Regulation 2 amends Regulation 19A (3) of the Principal Regulations by omitting subregulation 19A (3), which related to the Research Regulations, and substituting a new subregulation 19A (3), which relates to the Levy Regulations.
Overview
The Fisheries Management Regulations (Amendment) 1994 No. 77, issued under the authority of the Minister for Resources, amends the Fisheries Management Regulations 1991 to address the gap created by the repeal of the Fishing Levy (Southern Shark Fishery Research) Regulations 1991 and the amendment to the Fishing Levy (Southern Shark Fishery) Regulations 1991. The Fisheries Management Act 1991, enacted by the Commonwealth Parliament, established the legislative framework for the management of fisheries in Australian waters, including the imposition of levies on fishing activities. The objective of these amendments is to ensure that the ascertainment of when particular levies are due and payable remains consistent with the current legislative framework, particularly in light of the changes to the relevant levy regulations.
Scope and Application
The Fisheries Management Regulations (Amendment) 1994 No. 77 pertains to the Fisheries Management Act 1991 and involves amendments to the Fisheries Management Regulations. These regulations are designed to adjust the ascertainment of when certain levies imposed by the Fishing Levy Act 1991 are due and payable, specifically in relation to fishing permits that include conditions prescribing the amount of levy. The regulations primarily apply to entities and individuals involved in the fishing industry, particularly those who hold fishing permits that are subject to levy conditions. The changes introduced by the Amendment Regulations take into account the repeal of the Fishing Levy (Southern Shark Fishery Research) Regulations and the amendment of the Fishing Levy (Southern Shark Fishery) Regulations. The scope of these regulations is national, affecting the entire Australian jurisdiction, and they extend to any fishing permits that include conditions prescribed by the relevant levy acts. The amendment removes the exemption previously related to the Fishing Levy (Southern Shark Fishery Research) Regulations and replaces it with an exemption relating to the Fishing Levy (Southern Shark Fishery) Regulations, ensuring that the ascertainment of when the amounts of levy are due and payable is correctly addressed under the new regulations.
Key Provisions
The Fisheries Management Regulations (Amendment) 1994 No. 77 amends the existing Fisheries Management Regulations to update the rules regarding the ascertainment of levies under the Fishing Levy Act 1991. Specifically, section 1 of the Regulations provides for the amendment of the Principal Regulations. The key change is found in Regulation 2, which amends Regulation 19A(3) of the Principal Regulations. This amendment omits the exemption previously related to the Fishing Levy (Southern Shark Fishery Research) Regulations and substitutes a new exemption that now refers to the Fishing Levy (Southern Shark Fishery) Regulations.
Under the amended Regulation 19A(3), the ascertainment of when amounts of levy quantified under the Fishing Levy (Southern Shark Fishery) Regulations are due and payable is now determined under those regulations themselves. This change reflects the repeal of the Fishing Levy (Southern Shark Fishery Research) Regulations and the amendment to the Fishing Levy (Southern Shark Fishery) Regulations. Consequently, the Fisheries Management Regulations must now align with these updates to ensure compliance with the new legislative framework.
The obligations imposed by these regulations require relevant parties, such as fishers and permit holders, to adhere to the new ascertainment rules outlined in the Fishing Levy (Southern Shark Fishery) Regulations. This means that the timing for when levies are due and payable, as well as any exemptions, must now be determined according to the provisions set out in the amended regulations. Failure to comply with these requirements could result in non-payment of the levies, leading to potential enforcement actions.
Any breach of the amended regulations could lead to civil or criminal consequences, including fines and other penalties as prescribed by the relevant Acts. The exact penalties for non-compliance are not specified within the explanatory statement but would be detailed in the Fisheries Management Act 1991 and the Fishing Levy Act 1991. Compliance with these regulations is crucial to avoid any adverse legal or financial outcomes.