Fishing Levy (Southern Shark Fishery) Regulations (Amendment)

Overview

The Fishing Levy (Southern Shark Fishery) Regulations (Amendment) 1993, issued under the authority of the Minister for Primary Industries and Energy, were enacted to address a legal ambiguity within the existing Fishing Levy (Southern Shark Fishery) Regulations. These regulations, which were made under the Fishing Levy Act 1991, sought to correct an issue where the former regulation 4 of the Levy Regulations may have been considered ultra vires, as it incorrectly addressed matters related to liability to pay a levy, a power not granted under the Act. The problem was that the previous regulation could have been declared void for exceeding its legal authority. The new regulation 4, introduced by these amendments, clarifies that the levy imposed by the Levy Regulations is supplementary to the levy imposed under the Fishing Levy Regulations, thus aligning with the regulatory powers granted by section 6 of the Act. This amendment ensures the regulations are within legal bounds and provides clarity on the additional levy imposed on the fishing concessions.

Scope and Application

The Fishing Levy (Southern Shark Fishery) Regulations (Amendment) 1993 apply to entities and individuals involved in the southern shark fishery, specifically targeting those who hold a fishing concession and are subject to the levy provisions outlined in the Fishing Levy Act 1991. The Regulations aim to clarify and correct the relationship between the levy imposed by these Regulations and any additional levies that may be imposed under the Fishing Levy Regulations. The amendments ensure that the levy payable under these Regulations is supplementary to any other levies that may apply, thereby avoiding any ambiguity or potential legal challenge regarding the liability to pay levies. These Regulations have a jurisdictional reach that is consistent with the Fishing Levy Act 1991, which is a Commonwealth Act, thus applying across the entire nation. The Regulations themselves do not explicitly provide for any exclusions or exemptions, but they do clarify the scope of the levy in relation to other applicable fishing levies. The Act and its Regulations are enforced through subordinate instruments, allowing for further specification and modification of the application of the levy as necessary.

Key Provisions

The key operative sections of the Fishing Levy (Southern Shark Fishery) Regulations (Amendment) 1993 (No. 73) concern the amendment of existing regulations under the Fishing Levy Act 1991. Section 8 of the Act grants the Governor-General the authority to make regulations necessary for the purposes of section 6, which imposes a levy on fishing concessions. Section 6 itself specifies that the amount of the levy is determined by the regulations. Regulation 2 of the Amendment Regulations replaces former regulation 4 of the Fishing Levy (Southern Shark Fishery) Regulations, which previously stated that nothing in the Levy Regulations affected liability to pay the levy. This clause was problematic because it addressed liability to pay the levy, an issue that is not covered by the regulation-making power under section 6 of the Act. The Amendment Regulations clarify that the levy imposed under the Levy Regulations is supplementary to the levy imposed under the Fishing Levy Regulations, thereby ensuring that the regulations remain within the legal bounds set by the Act. The obligations and requirements imposed by the Amendment Regulations on the parties governed by the Fishing Levy Act 1991 are primarily focused on ensuring clarity and compliance in the levy structure. By amending former regulation 4, the new regulation ensures that any levy imposed under the Fishing Levy (Southern Shark Fishery) Regulations is additional to the levy imposed under the Fishing Levy Regulations. This amendment is necessary to avoid any ambiguity or potential legal challenges regarding the levy's applicability. It mandates that any fishing concession holders must pay both levies as prescribed by the relevant regulations, thereby maintaining a transparent and legally sound framework for levy imposition. The Amendment Regulations do not explicitly state any new offences, penalties, or civil/criminal consequences for breaches. However, any failure to comply with the levy requirements as amended by the Regulations could potentially lead to legal challenges or enforcement actions under the Fishing Levy Act 1991. Given that the Fishing Levy Act 1991 may include provisions for penalties or enforcement mechanisms, non-compliance with the clarified levy structure could result in financial penalties or other legal repercussions. It is important for fishing concession holders and relevant authorities to adhere to the updated regulations to avoid any adverse consequences.