EXPLANATORY STATEMENT
STATUTORY RULES 1988 NO. 368
Issued by the Authority of the Minister for Resources.
FOREIGN FISHING BOATS LEVY ACT 1981
FOREIGN FISHING BOATS LEVY
REGULATIONS (AMENDMENT)
Subsection 4(1) of the Foreign Fishing Boats Levy Act 1981 (the Act) provides for the imposition of levy upon the grant, under the Fisheries Act 1952, of a licence in respect of a foreign fishing boat.
Subsection 4(2) of the Act provides that levy is not imposed on the grant of a licence in respect of a foreign fishing boat that is included in a prescribed class of foreign fishing boats.
This amendment provides a review mechanism for persons adversely affected by a decision, under paragraph 4(b) of the Regulations, of the Secretary or an officer in the Department authorised by the Secretary that a boat does not meet criteria for inclusion in a prescribed class of foreign fishing boats.
There is provision for internal review by the Minister or, if so delegated, the Secretary or a Senior Executive Service Officer in the Department of such a decision.
If a person is not satisfied with the result of such internal review, that person may then seek review by the Administrative Appeals Tribunal.
The regulations will take effect on gazettal.