Foreign Fishing Licences Levy Act 1991

Overview

The Foreign Fishing Licences Levy Act 1991 was enacted by the Parliament of Australia to impose a levy on the grant of certain foreign fishing licences. The Act addresses the need for a financial contribution from foreign fishing entities to offset the costs associated with managing Australia's fishing resources. The policy objective is to ensure that foreign fishing activities contribute to the management and sustainability of Australia's marine resources. The levy is intended to provide revenue to the Commonwealth and can be tailored to various factors related to the boats and their operations, such as size, equipment, and the type and quantity of fish that can be taken. The amount of the levy can be prescribed by regulations or calculated based on these factors, and it is payable by the person to whom the licence is granted or by the parties in an agreement with the Australian Fisheries Management Authority (AFMA). The Act provides flexibility through its regulatory framework, allowing for the prescription of specific matters relating to the boats or their operations, thereby ensuring that the levy reflects the actual impact of foreign fishing activities on Australia's fisheries.

Scope and Application

The Foreign Fishing Licences Levy Act 1991 is a Commonwealth Act that imposes a levy on the grant of certain foreign fishing licences, specifically those granted under Part 3 of the Fisheries Management Act 1991. The Act applies to persons who are granted a foreign fishing licence, and the levy is imposed on such grants unless there is an agreement in place between the Commonwealth and the government of another country that specifies the granting of these licences. The Act allows for the levy to be prescribed by regulations or calculated according to the regulations, which can take into account various factors related to the boat or its operations, such as size, tonnage, equipment, and the quantity and kind of fish authorised for capture. The levy is payable by the person to whom the licence is granted, or by the parties with whom an agreement has been made if the licence was granted under such an agreement. The Act's provisions may be extended or modified through regulations made by the Governor-General, which must not be inconsistent with the Act and may cover matters necessary for the Act's implementation or effectuation.

Key Provisions

The Foreign Fishing Licences Levy Act 1991 (the "Act") imposes a levy on the grant of certain foreign fishing licences. Section 4 of the Act states that a levy is imposed on the grant of a licence, subject to certain conditions. Specifically, section 4(2) provides that the levy is not imposed where there is an agreement in force between the Commonwealth and the government of another country that provides for the grant of licences, regardless of whether the agreement also provides for payment to the Commonwealth. The amount of the levy is prescribed by regulations or calculated in accordance with the regulations, as outlined in section 5(1). If the Australian Fisheries Management Authority (AFMA) enters into an agreement with a party other than the government of another country, and the agreement specifies an amount to be paid to the Commonwealth, the levy is set at that specified amount (section 5(2)). The levy is payable by the person to whom the licence is granted, or by the person or persons with whom AFMA entered into an agreement, as specified in section 6. The Act imposes obligations on both AFMA and the licence holders. AFMA must ensure that the levy is imposed in accordance with the Act and the relevant regulations. This includes entering into agreements with other parties as necessary, and ensuring that the correct amount of levy is calculated and paid. Licence holders must pay the levy as required by the Act and the regulations. This includes understanding the conditions under which the levy is imposed, and ensuring that they pay the correct amount to the appropriate party. The Act also provides for the making of regulations to prescribe matters required or permitted by the Act, as outlined in section 7(1). These regulations may include prescribing the amount of the levy or the method of calculating the levy, as specified in section 7(2). Failure to comply with the provisions of the Act may result in civil or criminal penalties. The maximum penalties for breach of the Act are not specified in the text provided, but may include fines or imprisonment, depending on the nature and severity of the breach. The Act also provides for the imposition of penalties for failure to pay the levy, as prescribed by the regulations. This may include interest on the unpaid amount, as well as additional penalties for persistent non-payment. It is important for all parties affected by the Act to understand their obligations and to ensure that they comply with the provisions of the Act and any relevant regulations. Failure to do so may result in serious consequences, including financial penalties and legal action.