Prawn Export Promotion Levies and Charges Regulations (Amendment) 1996 No. 238
EXPLANATORY STATEMENT
STATUTORY RULES 1996 No. 238
Issued by the Authority of the Minister for Resources and Energy
Prawn Boat Levy Act 1995
Prawn Export Promotion Levies and Charges Regulations (Amendment)
The Prawn Boat Levy Act 1995 (Levy Act) provides in section 9 that the Governor-General has power to make regulations prescribing the rate of prawn boat levy.
This Act, together with the Prawn Export Charge Act 1995 (Charge Act) and the Prawn Export Promotion Act 1995 (Export Promotion Act) give legal force to a Government-industry scheme to promote Australian sea-caught prawns in overseas markets using funds raised from the fishing industry. The prawn boat levy is one of the means by which the scheme is funded. The Export Promotion Act provides the administrative framework for the scheme.
As required under section 9 of the Levy Act, before making regulations prescribing the rate of boat levy, the Governor-General took into consideration a recommendation relating to the rate of levy made to the Minister by the Australian Prawn Promotion Association Limited (APPA), the prescribed industry organisation. This recommendation was approved at APPA's most recent annual general meeting, held on 3 July 1996. The change to the rates of levy prescribed matches the recommendation.
The rates of boat levy for three of the four boat length classes were left unchanged at $50, $100 and $200 respectively, but the rate of $500 in respect of boats not less than 18 metres in length was replaced by two different rates. The levy for boats not less than 18 metres but under 20 metres in length became $400 and the levy for boats 20 metres or over in length became $600. The maximum permissible rate is $750.
Details of the Regulations are as follows.
Regulation 1 provides for the amendment of the principal Regulations as set out below.
Regulation 2 omits paragraph 3(d) of the principal Regulations and substitutes new paragraphs 3(d) and 3(e) which prescribe respectively $400 and $600 as the prawn boat levies for the two length classes not less than 18 metres.
The Regulations commenced on gazettal.
Overview
The Prawn Export Promotion Levies and Charges Regulations (Amendment) 1996 No. 238 was enacted to address the need for adjusting the rates of the prawn boat levy, as outlined in the Prawn Boat Levy Act 1995. This legislative amendment was introduced to ensure the regulatory framework remained effective in promoting Australian sea-caught prawns in overseas markets, while adapting to the evolving needs of the industry. The Act was issued by the authority of the Minister for Resources and Energy and is aligned with the broader policy objective of the Prawn Boat Levy Act 1995, which seeks to fund the promotion scheme through levies on the prawn fishing industry. The amendment follows a recommendation made by the Australian Prawn Promotion Association Limited, reflecting the industry's input in determining appropriate levy rates. The changes to the levy rates were implemented to better align with the current economic conditions and operational realities of the industry.
Scope and Application
The Prawn Export Promotion Levies and Charges Regulations (Amendment) 1996 No. 238 applies to the prawn boat owners and operators involved in the Australian sea-caught prawn fishing industry, as specified under the Prawn Boat Levy Act 1995. This Act works in conjunction with the Prawn Export Charge Act 1995 and the Prawn Export Promotion Act 1995 to establish a government-industry scheme aimed at promoting Australian sea-caught prawns in overseas markets, funded by levies from the fishing industry. The prawn boat levy is one of the key funding mechanisms within this scheme, which is administratively managed under the Export Promotion Act. The regulations were amended to adjust the rates of the boat levy based on a recommendation by the Australian Prawn Promotion Association Limited (APPA), a prescribed industry organisation, and were approved at APPA's annual general meeting on 3 July 1996. The amendments resulted in two new levy rates for boats of specific lengths, replacing the previous single rate for boats not less than 18 metres in length. The maximum permissible rate of the levy remains at $750, while the rates for boats of certain lengths were adjusted to $400 and $600. These Regulations, which came into effect upon gazettal, implement the changes in the rates of the prawn boat levy as prescribed by the Governor-General under section 9 of the Levy Act.
Key Provisions
The Prawn Boat Levy Act 1995 (Levy Act) allows the Governor-General to set the rate of the prawn boat levy through regulations (section 9). In accordance with this provision, the Prawn Export Promotion Levies and Charges Regulations (Amendment) 1996 (the Regulations) have been made, modifying the rates of the levy. The Act, together with the Prawn Export Charge Act 1995 (Charge Act) and the Prawn Export Promotion Act 1995 (Export Promotion Act), establishes a government-industry scheme to promote Australian sea-caught prawns in overseas markets, funded partly by the fishing industry through levies and charges. The Export Promotion Act provides the administrative framework for this scheme.
Under Regulation 2, the prawn boat levy rates for boats of different lengths have been adjusted. Specifically, the levy for boats that are not less than 18 metres but under 20 metres in length has been set at $400, while the levy for boats 20 metres or over in length has been set at $600. This change follows a recommendation made by the Australian Prawn Promotion Association Limited (APPA), the prescribed industry organisation, which was approved at APPA's annual general meeting held on 3 July 1996. The rates for other length classes remain unchanged at $50, $100, and $200, respectively.
The Regulations impose specific obligations on the fishing industry to pay the prescribed levies. These levies contribute to the funding of the promotional scheme outlined in the Export Promotion Act. The levies are intended to ensure that the fishing industry, which benefits from the promotional efforts, also bears a fair share of the costs associated with these efforts. The rates are set to reflect the size of the boats, with larger boats incurring higher levies.
Breach of the regulations by failing to pay the prescribed levies could result in legal consequences. While the explanatory statement does not detail specific penalties, under Australian law, failure to comply with regulatory requirements can lead to fines or other penalties as prescribed by the relevant Acts. The maximum permissible rate of $750 for the highest length class suggests a structured approach to levy imposition, aiming to ensure that the promotional scheme remains adequately funded while balancing the burden across different boat sizes.