EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO. 200
Issued by the authority of the Minister of State for
Primary Industries and Energy
FISHERIES ACT 1952
FISHERIES REGULATIONS (AMENDMENT)
Subsection 17(1) of the Fisheries Act 1952 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Subsection 9(8) of the Act provides that such fees (if any) as are prescribed are payable in respect of the grant of licences, the endorsement of a licence, the transfer of a licence, or the variation of a licence, under section 9. Paragraph 17 (1)(ab) provides that the regulations may provide for prescribing fees for vthe issue of replacement licences under the Act.
Schedule 1 to the Fisheries Regulations (the Regulations) prescribes the fees payable in relation to the grant of licences, transfer of licences and issue of duplicate licences under section 9 of the Act. The fees prescribed in Schedule 1 have not been revised since the Schedule was added to the Regulations by Statutory Rules 1979 No. 187.
A comprehensive review of the costs incurred in carrying out the various licensing functions in respect of Australian fishing boats has highlighted that the fees in Schedule 1 do not reflect the actual costs of providing
these licensing services. It is proposed that the fees be revised to reflect recover the full cost of providing the services.
The most significant increases are in relation to the grant of a carrier boat licence under subsection 9(3) of the Act (from $80.00 to $290.00), transfer of a licence to another person under subsection 9(7) (from $1.00 to $270.00) and variation of a licence under subsection 9(7A) (nil to $340.00). These are due to the costs incurred in application of any transfer and boat replacement requirements that may apply to the licence.
The Fisheries Regulations (Amendment) repeals Schedule 1 to the Fisheries Regulations and substitutes a new Schedule which specifies fees payable in respect to the grant, transfer, variation, or issue of duplicates of licences under section 9 of the Act.
The Fisheries Regulations (Amendment) came into effect on 1 July 1990.
Overview
The Fisheries Regulations (Amendment) 1990 (C2004L04733) was enacted by the Minister of State for Primary Industries and Energy to address the issue of outdated fees for licensing services under the Fisheries Act 1952. The original fees, last updated in 1979, no longer reflected the actual costs associated with processing licences, endorsements, transfers, variations, and duplicate issuances. Consequently, the amendment aimed to revise these fees to ensure they cover the full cost of providing the necessary services. The significant increases, such as the grant of a carrier boat licence fee rising from $80.00 to $290.00, were driven by the costs of applying transfer and boat replacement requirements. This amendment was enacted to ensure that the fees appropriately matched the contemporary costs and operational requirements of the licensing functions.
Scope and Application
The Fisheries Regulations (Amendment) 1990, made under the Fisheries Act 1952, revises the fees payable for various licensing functions related to Australian fishing boats. This legislation applies to all persons and entities engaged in the fishing industry who require licences, endorsements, transfers, variations, or duplicate licences under the Act. The amendment ensures that the fees prescribed in the regulations reflect the actual costs incurred in providing these services. The amendments particularly affect the fees for the grant of a carrier boat licence, the transfer of a licence to another person, and the variation of a licence, which have been significantly increased to better align with the actual costs of these services. The amended regulations have a national reach, applying across Australia. The amendment does not introduce any new exclusions or exemptions but ensures that the fees prescribed are sufficient to cover the full costs of the licensing services provided. Any further adjustments or specifications may be made through subordinate instruments, but the primary changes are detailed in the new Schedule to the Fisheries Regulations.
Key Provisions
The Fisheries Regulations (Amendment) (No. 2) 1990 amends the Fisheries Regulations to update the fees payable in relation to the grant, transfer, variation, or issue of duplicates of licences under the Fisheries Act 1952 (section 9). The amendment introduces new fees reflecting the actual costs of providing these licensing services, replacing the outdated fees set out in the repealed Schedule 1. The most significant changes include the fees for the grant of a carrier boat licence (subsection 9(3)), which has increased from $80.00 to $290.00, the transfer of a licence to another person (subsection 9(7)), which has increased from $1.00 to $270.00, and the variation of a licence (subsection 9(7A)), which has been set at $340.00. These changes aim to ensure that the fees more accurately reflect the costs associated with processing these applications.
Under the Fisheries Regulations, applicants for fishing licences, transferees, and those seeking variations must now pay the updated fees specified in the new Schedule. The regulations require these fees to be paid for the grant of a licence (subsection 9(3)), the transfer of a licence to another person (subsection 9(7)), and the variation of a licence (subsection 9(7A)). Additionally, the issue of a duplicate licence is subject to a fee as outlined in the new Schedule. These obligations are crucial for ensuring that the licensing process is financially sustainable and that the costs of administration are adequately covered.
Failure to pay the prescribed fees in accordance with the new regulations may result in legal consequences. While the specific offences, penalties, or consequences for non-compliance are not detailed in the explanatory statement, it is reasonable to infer that penalties could include fines or other administrative actions. Given the context of the Fisheries Act and similar legislation, breaches might also attract civil or criminal penalties as prescribed by other relevant laws. The exact penalties would depend on the specific nature of the non-compliance and any additional statutory provisions that may apply.