EXPLANATORY STATEMENT
STATUTORY RULES 1985 No. 182
Issued by the Authority of the Minister for Primary Industry
FOREIGN FISHING BOATS LEVY ACT 1981
FOREIGN FISHING BOATS LEVY REGULATIONS (AMENDMENT)
Section 7 of the Foreign Fishing Boats Levy Act 1981 (“the Act”) provides that the Governor-General may make regulations prescribing, inter alia, the amount of levy payable in respect of foreign fishing boats by reference to any matter or matters relating to the boat or its operation, including any agreement to which the Commonwealth is a party, or the methods of fishing authorised by the licence.
The Act provides for the imposition of a levy on the grant of a licence in respect of a foreign fishing boat except where licensed under an agreement with the government of another country or where the boat is included in a prescribed class of temporarily imported boats. The Fisheries Act 1952 provides for the collection of any levy imposed under the Act.
Section 5 of the Act provides that the amount of levy imposed on the grant of a licence in respect of a foreign fishing boat is such amount as is prescribed by the regulations or as is calculated in accordance with the regulations.
The Foreign Fishing Boats Levy Regulations prescribe the levy payable on the grant of a licence pursuant to an agreement entered into by the Minister for Primary Industry, on behalf of the Commonwealth with KKFC Proprietary Limited (“KKFC”). This agreement expires on 31 July 1985.
The Minister for Primary Industry has entered into a new agreement with KKFC, acting as Australian agents for the Kaohsiung Fishing Boat Commercial Guild, to permit boats from Taiwan to operate in the Australian fishing zone (AFZ) from 1 August 1985 to 31 July 1986 (“the Agreement”). The Agreement provides for payment of a lump sum access fee totalling $1,693,922 for a maximum of 135 fishing boats from Taiwan.
The regulations prescribe the new levy. The total access fee negotiated under the Agreement has been expressed as a per boat amount in the regulations because the Act ties the imposition of a levy to the granting of a licence.
Although the Agreement provides for the licensing of a maximum of 135 boats for the period concerned there is the possibility that, because of unforeseen circumstances affecting the availability of boats associated with the Guild which choose to fish in the AFZ, a lesser number may in fact be licensed. The final number of boats will not be known until the latter part of the Agreement period. However at the present time it is known that a minimum of 108 boats will operate under the Agreement.
The regulations amend the Foreign Fishing Boats Levy Regulations to prescribe a levy of $15,680.00 for each of the first 108 licences granted under the Agreement and a method for calculating the levy payable in respect of the licences for the remaining 27 boats. The lump sum access fee is to be paid to the Commonwealth in total by KKFC within 30 days of the issue of a licence and the prescribing of the levy in this form only seeks to provide legal support for collection of the fee, in a form most appropriate for the Commonwealth’s purposes. The prescribing of differential rates will not affect the amounts payable by individual fishermen to KKFC which are determined privately between KKFC and the fishermen concerned.
Overview
The Foreign Fishing Boats Levy Act 1981 was enacted to regulate the imposition of a levy on foreign fishing boats granted a licence to operate in Australia, except where the licence is issued under an agreement with another government or where the boat is a temporarily imported vessel. The Act aims to collect revenue through these levies and was enacted by the Parliament of Australia. The Foreign Fishing Boats Levy Regulations (Amendment) Statutory Rules 1985, issued under the authority of the Minister for Primary Industry, were introduced to amend the existing regulations in response to a new agreement with KKFC Proprietary Limited. This agreement allows Taiwanese fishing boats to operate in the Australian fishing zone for a specified period, with a negotiated lump sum access fee of $1,693,922 for up to 135 boats. The regulations set out a per boat levy amount and a method for calculating the levy for any additional boats licensed under the agreement, ensuring the Commonwealth can effectively collect the agreed fee while accommodating potential variations in the number of licensed boats.
Scope and Application
The Foreign Fishing Boats Levy Act 1981 applies to the imposition of a levy on the grant of a licence in respect of foreign fishing boats operating in Australia, except where these boats are licensed under an agreement with the government of another country or are included in a prescribed class of temporarily imported boats. The Act's reach is national, as it pertains to any foreign fishing boats seeking to operate in Australian waters. The Act allows for the imposition of a levy through regulations, which can prescribe the amount payable based on various factors related to the boat or its operation, including any international agreements the Commonwealth is party to. The Foreign Fishing Boats Levy Regulations, which can amend the Act's provisions, currently prescribe a levy amount based on a new agreement with KKFC Proprietary Limited, which acts as the Australian agent for the Kaohsiung Fishing Boat Commercial Guild. This agreement, which runs from 1 August 1985 to 31 July 1986, allows a maximum of 135 fishing boats from Taiwan to operate in the Australian fishing zone, with a lump sum access fee of $1,693,922. The regulations prescribe a levy of $15,680 for each of the first 108 licences granted under the agreement, with a method for calculating the levy for the remaining 27 boats. The lump sum access fee is to be paid to the Commonwealth in total by KKFC within 30 days of the issue of a licence.
Key Provisions
The Foreign Fishing Boats Levy Act 1981 (the Act) primarily governs the imposition of a levy on foreign fishing boats operating in Australian waters, with key provisions found in sections 5 and 7. Section 5 specifies that the levy amount is determined either by regulation or by calculation as per the regulations. Section 7 allows the Governor-General to make regulations prescribing the levy amount based on various factors, including any agreements to which the Commonwealth is a party. The Act imposes a levy on the grant of a licence for foreign fishing boats, except under specific conditions such as licensing under an international agreement or inclusion in a class of temporarily imported boats. The Fisheries Act 1952 facilitates the collection of any levy imposed under the Act.
The regulations under the Act, as amended by the Foreign Fishing Boats Levy Regulations (Amendment), detail the specific levy amount for boats operating under the new agreement with KKFC Proprietary Limited. This agreement, effective from 1 August 1985 to 31 July 1986, permits a maximum of 135 Taiwanese fishing boats to operate in the Australian fishing zone (AFZ). The regulations prescribe a lump sum access fee of $1,693,922, which translates to a per boat levy of $15,680 for the first 108 licences and a method for calculating the levy for the remaining 27 boats. The regulations also stipulate that the total fee must be paid to the Commonwealth by KKFC within 30 days of the licence issue, ensuring that the Commonwealth receives the levy in a legally enforceable manner.
The obligations imposed by the Act and the amended regulations primarily fall on KKFC, as the agents responsible for collecting and remitting the levy to the Commonwealth. KKFC must ensure that the total lump sum fee is paid within the specified timeframe and that the levy is correctly calculated and collected from the individual fishermen. The regulations do not alter the private agreements between KKFC and the fishermen regarding individual payments. The Commonwealth, through the Minister for Primary Industry, is responsible for entering into the agreement with KKFC and ensuring that the prescribed levy is collected as stipulated.
Breach of the obligations under the Act or failure to comply with the regulations may result in civil or criminal consequences. The precise penalties are not specified within the text but could include fines or other sanctions under the Fisheries Act 1952 or other relevant legislation. For instance, failure to remit the levy to the Commonwealth could be considered an offence under the Fisheries Act, potentially leading to penalties that may include substantial fines or other enforcement actions. The exact penalties would depend on the specific provisions of the Fisheries Act and any other applicable laws.