Foreign Fishing Boats Levy Amendment Act 1985

Overview

The Foreign Fishing Boats Levy Amendment Act 1985, enacted by the Queen, Senate, and House of Representatives of Australia, amends the Foreign Fishing Boats Levy Act 1981. This legislation aims to refine the imposition of a levy on foreign fishing boats to ensure that the Australian fishing zone benefits from sustainable fishing practices. It was introduced to address specific issues related to the original Act, including the need to better manage the financial implications and regulatory oversight of foreign fishing activities within Australian waters. The Act ensures that certain foreign fishing boats may be exempt from the levy under specific conditions, such as when the boat is operated by an Australian resident and its activities are deemed beneficial to Australia. The Foreign Fishing Boats Levy Amendment Act 1985 was designed to provide clarity and flexibility in the application of the levy, ensuring it aligns with broader fisheries management policies and objectives. The Act was introduced to Parliament by the relevant ministers, with the primary objective of enhancing the administration and fairness of the levy system concerning foreign fishing operations within Australia's jurisdiction.

Scope and Application

The Foreign Fishing Boats Levy Amendment Act 1985 amends the Foreign Fishing Boats Levy Act 1981, which primarily applies to foreign fishing boats operating within the Australian fishing zone, as defined in the Fisheries Act 1952. This Act has a Commonwealth reach, applying across Australia. It applies to foreign fishing boats that are granted a licence, except those lawfully imported into Australia for a limited period. The Act allows for the imposition of a levy on these boats unless the Minister is satisfied that the boat is operated by a resident of Australia and its operations will confer benefits on Australia, in which case the levy may be waived. The Act also provides for the Minister to declare the applicability of the levy via a notice published in the Gazette, which must then be tabled before each House of Parliament within 15 sitting days. The Act further stipulates that if an agreement is in place where a specified amount is paid to Australia for licences, the levy amount is determined by this agreement. The levy is payable by the person or persons with whom the Minister has entered into the agreement. The Act can be extended or modified through regulations, as referenced in the amendments to the Principal Act.

Key Provisions

The Foreign Fishing Boats Levy Amendment Act 1985 (section 1) amends the Foreign Fishing Boats Levy Act 1981, providing several key changes to the levy system for foreign fishing boats operating within Australian waters. One of the main amendments is found in section 4, where new sub-sections (4) and (5) are introduced. Sub-section (4) allows the Minister to exempt certain foreign fishing boats from the levy if the Minister is satisfied that the boat is operated by, on behalf of, or in accordance with the instructions of a resident of Australia, and that the boat’s operations will confer benefits on Australia. Sub-section (5) requires the Minister to lay a copy of the notice containing any such declaration before each House of the Parliament within 15 sitting days of that House after the notice was published. The obligations imposed by the Act on the parties it governs primarily involve the Minister and any individuals or entities who enter into agreements with the Minister regarding foreign fishing boats (section 4 and 5). The Minister must carefully consider whether to exempt a foreign fishing boat from the levy, ensuring that the boat is indeed operated by a resident of Australia and that its operations will benefit Australia. Additionally, any agreement entered into by the Minister that specifies an amount to be paid to Australia in lieu of the levy will dictate who is responsible for paying the levy, as outlined in section 6. In terms of penalties and consequences for breach, the Act itself does not explicitly detail specific offences, penalties, or civil/criminal consequences for non-compliance. However, the failure to adhere to the requirements set out in the Act, such as the Minister not properly declaring a boat exempt from the levy or not laying the required notice before Parliament, could potentially lead to legal challenges or administrative penalties. Given that the Act amends the Foreign Fishing Boats Levy Act 1981, it is likely that any breaches of the amended provisions could also be subject to the penalties and enforcement mechanisms outlined in the Principal Act.