Commonwealth Numbered Regulations - Explanatory Statements

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FISHERIES MANAGEMENT (REFUND) REGULATIONS (AMENDMENT) 1996 NO. 318

EXPLANATORY STATEMENT

STATUTORY RULES 1996 No. 318

Issued by the authority of the Minister for Resources and Energy Fisheries Management Act 1991

Fisheries Management (Refund) Regulations (Amendment)

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. Paragraph 168(2)(b) of the Management Act provides that regulations may be made providing for the remission or refund of levy under, amongst other legislation, the Fishing Levy Act 1991 (the Levy Act) or of penalty payable under Part 7 of the Management Act in relation to such levy.

Section 8 of 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.

"Fishing concession" is defined under the Levy Act and the Management Act to mean, among other things, a fishing permit. "Fishing permit" is defined under the Management Act to mean a fishing permit granted under section 32 of the Management Act. Subsection 32(1) of the Management Act provides that the Australian Fisheries Management Authority (AFMA) may, upon application in the approved form, grant to a person a fishing permit authorising the use of a nominated Australian boat for fishing in a specified area of the Australian Fishing Zone or a specified fishery.

The Fisheries Management (Refund) Regulations (the principal Regulations) provided for a refund to be paid to a person who surrendered a fishing permit before the permit expired where that person had paid levy under the former Fishing Levy Regulations in relation to the period of time or part of the period of time that the permit had left to run. The former Fishing Levy Regulations had set levy in respect of permits granted for fisheries for which no levy had been set under regulations dealing with a specific fishery.

The Fishing Levy (All Fisheries) Regulations have repealed and replaced, among other things, the former Fishing Levy Regulations.

The Fisheries Management (Refund) Regulations (Amendment) (the Regulations) amend the principal Regulations to:

*       alter the formula for calculating the amount of any refund of levy to allow for the payment of appropriate refunds for the surrender of permits granted for less than one year; and

*       take account of the Fishing Levy (All Fisheries) Regulations.

The Regulations also provide for a refund of levy to continue to be available to permit holders who paid levy under the former Fishing Levy Regulations prior to the commencement of the Regulations.

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

Regulation 1 provides that the Regulations amend the principal Regulations. The note provides that the Regulations commenced on gazettal.

Regulation 2 omits regulation 2, which has become superfluous.

Regulation 3 omits and replaces regulation 3 of the principal Regulations. The new regulation 3:

*       provides that where the holder of a fishing permits in respect of which levy has been paid under Part 17 of the new Regulations surrenders that permit AFMA must refund to the holder an amount calculated in accordance with the formula specified in the regulation; and

*       provides for a refund of levy to continue to be available to permit holders who paid levy under the former Fishing Levy Regulations prior to the commencement of the Regulations.


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