Fishing Levy (South East Fishery) Regulations (Amendment) 1993 No. 72
EXPLANATORY STATEMENT STATUTORY RULES 1993 No. 72
Issued by the authority of the Minister for Primary Industries and Energy
Fishing Levy Act 1991
Fishing Levy (South East Fishery) Regulations (Amendment)
Section 8 of the Fishing Levy Act 1991 (the Act) empowers the Governor-General to make regulations for the purposes of section 6 of the Act.
Section 5 of the Act imposes levy in respect of a fishing concession. Section 6 of the Act provides that the amount of levy imposed on the fishing concession is the amount prescribed by the Regulations.
The Fishing Levy (South East Fishery) Regulations (the Levy Regulations), made under the Act, came into effect on 24 December 1992.
The purpose of the Fishing Levy (South East Fishery) Regulations (Amendment) (the Regulations) is to rewrite the former regulation 4 of the Levy Regulations, which provided that nothing in the Levy Regulation affected liability to pay levy under the Fishing Levy Regulations. Written in that way, former regulation 4 purported to deal with a matter going as to liability to pay levy. There is no provision in the Act for the making of a regulation to provide for liability to pay levy. The former Regulation 4 could therefore have been declared ultra vires and therefore void.
The Regulations replaced former regulation 4 with a new regulation 4, which provides that the levy payable under the Levy Regulations is in addition to levy payable under the Fishing Levy Regulations. By referring to an amount of levy payable, rather than liability to pay levy, new regulation 4 is made within the regulation making power under section 6 of the Act.
Details of the Regulations, which commenced on gazettal, are set out below:
Regulation 1 provided for the amendment of the Levy Regulations.
Regulation 2 replaced regulation 4 of the Levy Regulations with a regulation to the effect that the levy payable under the Levy Regulations is in addition to levy payable under the Fishing Levy Regulations.
Overview
The Fishing Levy (South East Fishery) Regulations (Amendment) 1993, issued under the authority of the Minister for Primary Industries and Energy, amends the Fishing Levy (South East Fishery) Regulations made under the Fishing Levy Act 1991. The original Act was enacted to impose a levy in respect of a fishing concession, with the amount of the levy prescribed by regulations. The Regulations were initially made to provide the details of the amount of the levy and came into effect on 24 December 1992. The purpose of these amendments is to rectify an issue with the former regulation 4 of the Levy Regulations, which incorrectly dealt with matters of liability to pay the levy rather than the amount of the levy, potentially rendering it void. The new regulation 4 clarifies that the levy payable under the Levy Regulations is in addition to the levy payable under the Fishing Levy Regulations, ensuring compliance with the regulation-making power under section 6 of the Act.
Scope and Application
The Fishing Levy (South East Fishery) Regulations (Amendment) 1993 No. 72 applies to the regulation of fishing levies in the South East Fishery, as prescribed by the Fishing Levy Act 1991. The Act and its amendments pertain specifically to the imposition of levies on fishing concessions within the South East Fishery, a geographic region defined under the Act's jurisdiction. The Regulations amend the existing Fishing Levy (South East Fishery) Regulations to clarify and correct a potential legal oversight in the former regulation 4, ensuring that the levy payable under the Levy Regulations is explicitly stated to be in addition to any levy payable under the Fishing Levy Regulations. This amendment ensures that the Regulations remain within the scope of the Act’s regulation-making powers and avoids any potential declaration of ultra vires. The Regulations commenced on gazettal and apply to all entities and persons subject to fishing concessions within the South East Fishery, ensuring compliance with the updated regulatory framework.
Key Provisions
The Fishing Levy (South East Fishery) Regulations (Amendment) 1993 No. 72 amends the Fishing Levy (South East Fishery) Regulations 1992, primarily by replacing regulation 4. Section 8 of the Fishing Levy Act 1991 empowers the Governor-General to make regulations concerning the levy imposed under section 5, and section 6 specifies that the amount of the levy is prescribed by the Regulations. The amendment seeks to correct an issue in the former regulation 4, which incorrectly addressed liability to pay the levy instead of the amount payable, a matter not within the scope of the regulation-making power under section 6.
The Regulations impose specific obligations on parties governed by the Act. The most notable obligation is the clarification that the levy payable under the Fishing Levy (South East Fishery) Regulations is in addition to any levy payable under the Fishing Levy Regulations. This amendment ensures that the levy structure is clear and legally sound, avoiding any potential issues of ultra vires actions that could render regulations void. The new regulation 4 is crafted to align with the regulation-making power, thus ensuring its validity and enforceability.
Breaches of the provisions within the Fishing Levy Act 1991 and the amended Fishing Levy (South East Fishery) Regulations could lead to civil or criminal consequences, although the specific offences, penalties, and consequences are not detailed in the explanatory statement. Typically, under Australian administrative law, failure to comply with such regulations could result in penalties as outlined in the primary legislation or any relevant subsidiary laws. However, the precise penalties would need to be referenced within the Fishing Levy Act 1991 or any related enforcement guidelines, which are not provided in the explanatory statement.