Fishing Levy Act 1991

Overview

The Fishing Levy Act 1991 (C2004A04231) was enacted to impose a levy on fishing concessions, as defined in the Fisheries Management Act 1991, excluding foreign fishing licenses. This Act was established to address the need for revenue generation through fishing activities and to provide financial support for fisheries management and conservation initiatives. The Act was enacted by the Australian Parliament and came into force on 3 February 1992 for sections 3 through 8, with the remainder effective upon receiving Royal Assent. The policy objective of the Act is to ensure sustainable fisheries management by generating funds through the imposition of a levy on fishing concessions. The Fishing Levy Act 1991 extends to every external territory and applies both within and outside Australia. The levy is imposed on the holder of a fishing concession, who is defined as either the person to whom the concession was originally granted or the person to whom it was last transferred. The amount of the levy is prescribed by regulations made under the Act. The Act has been amended over time to reflect changes in policy and legislative requirements, with the most recent amendment being the Fisheries Legislation Amendment Act (No. 2) 2010.

Scope and Application

The Fishing Levy Act 1991 applies to all fishing concessions as defined under the Fisheries Management Act 1991, except for foreign fishing licenses granted under Part 3 of that Act. The act extends its jurisdiction to every external Territory of Australia and applies both within and outside Australia. The act imposes a levy on fishing concessions, with the specific amount prescribed under regulations made by the Governor-General. The levy is payable by the person who holds the fishing concession at the time the levy is due, which includes both the original grantee and any subsequent transferees of the concession. The act allows for the creation of regulations to specify the amount of the levy, providing flexibility in its application. The act does not specify any exclusions, exemptions, or thresholds within its text, though it does allow for the application to be extended or restricted through subordinate instruments, such as regulations made under section 8.

Key Provisions

The Fishing Levy Act 1991 (the "Act") primarily imposes a levy on fishing concessions as stipulated in section 5. Section 6 specifies that the amount of the levy is determined by a prescribed amount, while section 7 clarifies that the levy is payable by the holder of the fishing concession at the time the levy is due. Section 8 grants the Governor-General the authority to create regulations for implementing section 6, thereby allowing for the specification of the levy amount. Under the Act, the obligations imposed on parties and entities include the payment of the prescribed levy by the holder of a fishing concession. The definition of "fishing concession" in section 3 is key to identifying who is subject to the levy. Any person holding a fishing concession, whether directly or through a transfer, is required to comply with the Act by paying the prescribed levy. The obligation extends to all fishing concessions covered under the Fisheries Management Act 1991, except for foreign fishing licenses granted under Part 3 of that Act. The Act includes provisions for penalties and consequences in the event of non-compliance. Although the Act does not explicitly detail the specific offences or penalties, it is implied that failure to pay the prescribed levy could result in legal consequences. Given the nature of the Act and typical legislative frameworks, non-compliance could lead to enforcement actions, which may include fines or other civil remedies. The precise nature and extent of penalties would be determined by other relevant laws or regulations made under the authority of this Act.