Statutory Rules
1974 No. 212
REGULATIONS UNDER THE FISHERIES ACT 1952-1974.*
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Fisheries Act 1952-1974.
Dated this twelfth day of November, 1974.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
K. S. WRIEDT
Minister of State for Agriculture.
Amendments of the Fisheries Regulations†
Commencement.
1. These Regulations shall come into operation on the date on which the Fisheries Act 1973 (other than sections 1, 2, 8, 18 and 20) comes into operation.
Fees.
2. Regulation 10 of the Fisheries Regulations is amended—
(a) by omitting from sub-regulation (1) the words “ Subject to sub-regulation (3) of this regulation, the ” and substituting the word “ The ”;
(b) by omitting from sub-regulation (2) the word “ For ” and substituting the words “ Subject to sub-regulation (3), for ”;
(c) by omitting from sub-regulation (2) the words “ in feet shall be taken to be the number of feet, disregarding any part of a foot, in ” and substituting the words “ shall be taken to be ”: and
(d) by omitting sub-regulation (3) and substituting the following sub-regulation:—
“ (3) Where the length of the imaginary straight line ascertained in accordance with sub-regulation (2) includes a fraction of a metre, that fraction shall—
(a) if that fraction is one half or greater—be deemed to be one metre; and
(b) if that fraction is less than one half—be disregarded.”.
* Notified in the Australian Government Gazette on 19 November 1974.
† Statutory Rules 1954, No. 116, as amended by Statutory Rules 1968, Nos. 7 and 143; and 1974, No. 211.
Schedule.
3. The Schedule to the Fisheries Regulations is repealed and the following Schedule substituted:—
“ SCHEDULE Regulation 6
First Column | Second Column |
Matter | Fee |
| $ |
1. Grant of a licence under sub-section 9 (1) of the Act ...................... | 10.00 |
2. Grant of a licence under sub-section 9 (2) of the Act— | |
(a) in respect of an Australian boat of less than 15 metres in overall length | 20.00 |
(b) in respect of an Australian boat of not less than 15 metres but less than 20 metres in overall length | 25.00 |
(c) in respect of an Australian boat of not less than 20 metres in overall length .... | 30.00 |
(d) in respect of a foreign boat other than a boat of the kind known as a ‘tuna long-line vessel’, for each metre in overall length of the boat | 35.00 |
(e) in respect of a foreign boat of the kind known as a ‘tuna long-line vessel’ | 80.00 |
3. Grant of a licence under sub-section 9 (3) of the Act— | |
(a) in respect of a boat authorizing the use of the boat for carrying fish taken with the use of another boat | 40.00 |
(b) in respect of a boat authorizing the use of the boat for processing and carrying fish taken with the use of another boat | 50.00 |
4. Endorsement under sub-section 9 (4) of the Act of a licence granted under the Act .. | 1.00 |
5. Transfer under sub-section 9 (7) of the Act of a licence granted under subsection 9 (2) or (3) of the Act | 1.00 |
6. Issue of a duplicate of a lost or defaced licence .......................... | 1.00 ”. |
Overview
Statutory Rules 1974 No. 212, titled "Regulations under the Fisheries Act 1952-1974," was enacted by the Governor-General of Australia on 12 November 1974. These regulations were made in response to the need for amendments to the existing Fisheries Regulations to align with the new Fisheries Act 1973. The policy objective was to update the administrative and procedural aspects of fisheries management, ensuring the fees associated with various licences and endorsements under the Act were clearly defined and appropriately adjusted. The Fisheries Act 1952-1974 provided the legislative framework, and the regulations were issued to facilitate the smooth transition and implementation of the new Act by the relevant authorities.
Scope and Application
Statutory Rules 1974 No. 212, made under the Fisheries Act 1952-1974, outlines amendments to the Fisheries Regulations, which concern the fees associated with the granting, endorsement, transfer, and duplication of fishing licences. These Regulations apply to all persons or entities seeking to obtain or transfer fishing licences in Australia, as well as those requiring endorsements or duplicates of their existing licences. The application of these Regulations is national in scope, as they pertain to the Fisheries Act 1952-1974, which operates across the Commonwealth of Australia. The Regulations stipulate varying fees for different types of fishing licences based on the length of the boat and whether the boat is Australian or foreign, with specific provisions for tuna long-line vessels. The Regulations also clarify how fractions of a metre are treated when determining the length of a boat for fee calculation purposes. Subordinate instruments may further extend or restrict the application of these Regulations, although no such extensions or restrictions are explicitly detailed within this particular legislative instrument.
Key Provisions
The main operative sections of these Regulations (sections 2 and 3) concern the amendment of Regulation 10 of the Fisheries Regulations, which pertains to the calculation of boat lengths for fee purposes, and the replacement of the existing Schedule with a new Schedule detailing fees for various licences and endorsements under the Fisheries Act 1952-1974. Regulation 10(2) now specifies that the length of a boat shall be taken to be the number of metres, with any fraction of a metre being rounded up if it is one half or greater, and disregarded if it is less than one half. The new Schedule lists various fees for different types of licences and endorsements, including fees for granting a licence (Regulation 6(1)) based on the boat's overall length, fees for endorsing a licence (Regulation 6(4)), and fees for transferring or duplicating a licence (Regulation 6(5) and (6)).
The Regulations impose several obligations on parties governed by the Fisheries Act 1952-1974. Firstly, they require that fees be calculated based on the amended method for determining boat lengths, ensuring a standardised approach. Secondly, parties must pay the specified fees for obtaining, endorsing, transferring, or duplicating licences as outlined in the new Schedule. These fees are essential for the administration and enforcement of the Act, and failure to pay the correct fee may result in non-compliance with the Act's requirements.
Breaching the provisions of these Regulations can lead to various civil and criminal consequences. For example, failing to pay the correct fee for a licence or endorsement may result in the licence being invalid, leading to potential penalties under the Fisheries Act 1952-1974, such as fines or imprisonment. While the specific penalties are not detailed in these Regulations, they are likely to be outlined in the Fisheries Act itself or in related legislation. Furthermore, any misrepresentation or fraudulent activity in relation to the fees or licences may lead to additional criminal charges, with penalties varying depending on the severity of the offence.
In summary, these Regulations amend the method for calculating boat lengths for fee purposes under the Fisheries Regulations and introduce a new Schedule detailing fees for various licences and endorsements. Parties governed by the Fisheries Act 1952-1974 must adhere to these fee calculations and payment requirements. Failure to comply with the Regulations may result in civil or criminal consequences, including fines or imprisonment, depending on the nature and severity of the breach.