Prawn Export Charge Act 1995

Legislation au C2004A04871 Not in force Act

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Act No. 15 of 1995 as amended

[Note: This Act is repealed by Act No. 75 of 1998]

This compilation was prepared on 1 July 2001
taking into account amendments up to Act No. 75 of 1998

The text of any of those amendments not in force
on that date is appended in the Notes section

Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra

Contents

1 Short title [see Note 1]...........................

2 Commencement [see Note 1].......................

3 Interpretation.................................

4 Imposition of charge............................

5 Rate of charge................................

6 Person liable to pay charge.........................

7 Regulations..................................

Notes

An Act to impose a charge on the export of sea‑caught prawns, parts of sea‑caught prawns and sea‑caught prawn products

1 Short title [see Note 1]

This Act may be cited as the Prawn Export Charge Act 1995.

2 Commencement [see Note 1]

This Act commences on the day on which the Prawn Boat Levy Act 1995 commences.

3 Interpretation

(1) Unless the contrary intention appears, a word or expression used in this Act that is not defined in this Act but is defined in the Prawn Export Promotion Act 1995 has the same meaning in this Act as in the Prawn Export Promotion Act 1995.

(2) A reference in this Act to the prescribed industry organisation is a reference to the organisation that is the prescribed industry organisation for the purposes of the Prawn Export Promotion Act 1995.

4 Imposition of charge

A charge is imposed on:

(a) sea‑caught prawns; and

(b) parts of sea‑caught prawns; and

exported from Australia on or before 31 December 1997.

5 Rate of charge

The rate of charge payable under section 4 is such amount, not exceeding 10 cents, per kilogram of the net weight of sea‑caught prawns, parts of sea‑caught prawns or sea‑caught prawn products exported as is prescribed by the regulations.

6 Person liable to pay charge

Charge imposed on sea‑caught prawns, parts of sea‑caught prawns or sea‑caught prawn products exported from Australia is payable by the exporter of the prawns, parts or products.

7 Regulations

(1) The Governor‑General may make regulations prescribing matters required or permitted by this Act to be prescribed.

(2) The Governor‑General must not make regulations for the purpose of section 5 unless the Governor‑General has taken into consideration any recommendation relating to the proposed regulations made to the Minister by the prescribed industry organisation.

(3) The prescribed industry organisation must not make a recommendation to the Minister for the purposes of subsection (2) unless the terms of the recommendation were approved at the last annual general meeting of the organisation held before the making of the recommendation.

Notes to the Prawn Export Charge Act 1995

Note 1

The Prawn Export Charge Act 1995 as shown in this compilation comprises Act No. 15, 1995 amended as indicated in the Tables below.

For all relevant information pertaining to application, saving or transitional provisions see Table A.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
Prawn Export Charge Act 1995	15, 1995	28 Mar 1995	1 July 1995 (see s. 2)
Fisheries Legislation Amendment Act (No. 1) 1998	75, 1998	30 June 1998	S. 1 and Schedule 1: 28 July 1998 Ss. 2, 3, Schedule 2 (item 1) and Schedule 3 (item 1): 1 July 1997 Remainder: 1 July 2001	S. 4

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
S. 4....................	am. No. 75, 1998

Table A

Application, saving or transitional provisions

Fisheries Legislation Amendment Act (No. 1) 1998 (No. 75, 1998)

4 Saving—levy and charge collection

Despite the repeal by this Act of the Prawn Boat Levy Act 1995, the Prawn Export Charge Act 1995 and the Prawn Export Promotion Act 1995:

(a) the Act repealed; and

(b) any regulation made under or for the purposes of the Act repealed; and

continue to apply in relation to a levy or charge imposed before the repeal as if the repeal had not happened.

Overview

The Prawn Export Charge Act 1995 was enacted by the Parliament of Australia to impose a charge on the export of sea-caught prawns, parts of sea-caught prawns, and sea-caught prawn products. This legislation was introduced to address a specific economic and regulatory gap in the prawn export industry, ensuring that the industry contributed to its own promotion and management. The primary policy objective was to generate revenue to support the prawn export industry, particularly through promoting exports and managing industry-related activities. The Act was repealed by the Fisheries Legislation Amendment Act (No. 1) 1998, but its provisions continued to apply to levies and charges imposed before the repeal.

Scope and Application

The Prawn Export Charge Act 1995 applies to the export of sea-caught prawns, parts of sea-caught prawns, and sea-caught prawn products from Australia. The Act imposes a charge on such exports, which is payable by the exporter of the prawns, parts, or products. The charge is levied on exports conducted on or before 31 December 1997. The rate of this charge is determined by regulation, with a maximum limit of 10 cents per kilogram of the net weight of the exported items. The Act was repealed by the Fisheries Legislation Amendment Act (No. 1) 1998, although it continues to apply to charges imposed before the repeal. The Governor-General has the authority to make regulations under this Act, with specific requirements that any recommendations from the prescribed industry organisation be considered before any regulation is made. This industry organisation must also have approved any recommendations at its last annual general meeting before submission to the Minister.

Key Provisions

The Prawn Export Charge Act 1995 (sections 4-7) imposes a charge on the export of sea-caught prawns, parts of sea-caught prawns, and sea-caught prawn products from Australia up until 31 December 1997. The charge is levied at a rate determined by regulations, with a maximum rate of 10 cents per kilogram of the net weight of the prawns, parts, or products. The responsibility to pay this charge falls on the exporter of these items (section 6). Regulations governing the imposition of the charge can be made by the Governor-General, although they must take into account any recommendations from the prescribed industry organisation, which must have been approved at the last annual general meeting held before the recommendation was made (section 7). Entities and individuals subject to this Act must adhere to several key obligations. Exporters of sea-caught prawns, parts, and products must ensure that any exports made on or before 31 December 1997 are accompanied by the requisite charge. The charge is to be calculated based on the net weight of the exported items and must be paid in accordance with the regulations made under this Act. Furthermore, any recommendations from the prescribed industry organisation regarding these regulations must be considered by the Governor-General, and these organisations must ensure their recommendations are approved at their annual general meetings. Failure to comply with the provisions of this Act can result in various consequences. The specific offences, penalties, or consequences for breaches are not detailed in the text provided but would typically involve administrative or legal action for non-payment of the charge or other regulatory breaches. The maximum penalty for such offences would be determined by the regulations made under this Act and may include fines or other administrative penalties as prescribed by law.

Area of Law: Environmental Law
Instrument: Act
Concepts: Definitions & Interpretation; Commencement Provisions; Enforcement Powers; Regulatory Standards

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