Commonwealth Numbered Regulations - Explanatory Statements

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FISHING LEVY (NORTH EAST DEMERSAL LINE FISHERY) REGULATIONS (REPEAL) 1995 NO. 185

EXPLANATORY STATEMENT

STATUTORY RULES 1995 No. 185

Issued by the Authority of the Minister for Resources

Fishing Levy Act 1991

Fisheries Management Act 1991

Fishing Levy (North East Demersal Line Fishery) Regulations (Repeal)

Section 8 of the Fishing Levy Act 1991 (the Levy Act) empowers the Governor-General to make regulations for the purposes of section 6 of the Levy Act.

Section 5 of the Levy Act imposes levy in respect of a fishing concession. Section 6 of the Levy Act provides that the amount of levy imposed on the fishing concession is the amount prescribed by the Regulations.

Section 168 of the Fisheries Management Act 1991 (the Management Act) empowers the Governor-General to make regulations for the purposes of the Management Act. Section 110 of the Management Act provides that the levy imposed by the Levy Act is due and payable at a time or times ascertained as a consequence of regulations made under the Management Act.

Subsection 33(3) of the Acts Interpretation Act 1901 provides that, among other things, where an Act confers a power to make regulations, the power shall, unless the contrary intention appears, be constructed as including a power, exercisable in the like manner, to repeal the regulations. No such contrary intention appears in either the Levy Act or the Management Act.

"Fishing concession" is defined under the Levy Act and the Management Act to mean, among other things, a fishing permit.

The Fishing Levy (North East Demersal Line Fishery) Regulations (the principal Regulations) currently specify the amount of levy imposed in respect of fishing permits granted in the North East Demersal Line Fishery (the fishery) during particular periods, the last of which ended on 30 June 1994.

The Australian Fisheries Management Authority has recently conducted a review of management arrangements for Commonwealth fisheries off the East coast of Australia. As a result of this review, the fishery been absorbed into a new fishery, the North East Deep Water Fishery (the new fishery). Regulations have since been prescribed for the new fishery, namely the Fishing Levy (North East Deep Water Fishery) Regulations.

The principal Regulations are now superfluous and have been repealed by the Fishing Levy (North East Demersal Line Fishery) Regulations (Repeal) (the Regulations).

Details of the Regulations, which commenced on gazettal, are set out below:

Regulation 1 provides for the repeal of Statutory Rules 1993 No. 300 and 1994 No. 72, which together comprise the principal Regulations.


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