Commonwealth Numbered Acts

Fisheries Amendment Act 1981 No. 181 of 1981 - SECT 4

4. After section 9A of the Principal Act the following sections are inserted:
Agreements to grant licences

''9B. (1) In this section and in sections 9C and 9D, 'foreign fishing boat'
means-

   (a)  a foreign boat; or

   (b)  a boat in respect of which an instrument is in force under sub-section
        4 (2).

''(2) The Minister may, on behalf of the Commonwealth, enter into an agreement
with a person that contains a provision under which the Minister agrees to
grant a licence or 2 or more licences under sub-section 9 (2) or (3) (whether
to that person or to any other person or persons) in respect of a foreign
fishing boat or 2 or more foreign fishing boats.

''(3) Where the Minister has entered into an agreement that contains a
provision of a kind referred to in sub-section (2) with a person, the Minister
may enter into a further agreement with the person varying the terms of the
provision or varying the terms of the provision as varied pursuant to this
sub-section.

''(4) Where the Minister enters into an agreement that contains a provision of
a kind referred to in sub-section (2) or, pursuant to sub-section (3), enters
into a further agreement, the Minister shall cause a copy of the agreement or
of the further agreement, as the case may be, to be laid before each House of
the Parliament within 15 sitting days of that House after the agreement or the
further agreement, as the case may be, is entered into.

''(5) Where-

   (a)  the Minister has entered into an agreement that contains a provision
        of a kind referred to in sub-section (2) of this section; or

   (b)  there is in force an agreement between Australia and the government of
        another country that contains a provision under which licences under
        sub-section 9 (2) or (3) are agreed to be granted in respect of
        foreign fishing boats (whether or not the provision also provides for
        the payment of an amount or amounts to Australia), the Minister or the
        Secretary shall, in determining whether or not to grant the licence or
        any of the licences to which the agreement relates, have regard only
        to the terms of the agreement.

''(6) Sub-section (5) has effect only so far as that sub-section is not a law
imposing taxation within the meaning of section 55 of the Constitution.
Payment of levy

''9C. (1) In this section, 'levy' means the levy imposed by the Foreign 
Fishing Boats Levy Act 1981 on the grant of a licence in respect of a foreign
fishing boat.

''(2) The Minister or the Secretary may make arrangements with a person by
whom an amount of levy is or will become payable in relation to the time for
payment of, or the manner of payment of, the amount of levy or any part of
that amount.

''(3) The Minister may, on behalf of the Commonwealth, enter into an agreement
with a body corporate that is incorporated under a law in force in a State or
Territory and has applied, or intends to apply, for the grant of a licence or
2 or more licences under sub-section 9 (2) or (3) in respect of a foreign
fishing boat or 2 or more foreign fishing boats, being an agreement that
contains a provision under which the Minister agrees, in consideration of the
body corporate agreeing to provide a benefit or benefits for Australia within
a period or periods specified in the agreement, to exempt the body corporate
from the liability to pay the whole or any part of the amount of levy that
would, but for this sub-section, be payable in respect of the grant of that
licence or those licences and, subject to sub-section (6), where the Minister
enters into such an agreement, the body corporate is not liable to pay that
amount of levy or that part of that amount, as the case may be.

''(4) Where the Minister has entered into an agreement that contains a
provision of a kind referred to in sub-section (3) with a body corporate, the
Minister may enter into a further agreement with the body corporate varying
the terms of the provision or varying the terms of the provision as varied
pursuant to this sub-section.

''(5) Where the Minister enters into an agreement that contains a provision of
a kind referred to in sub-section (3) or, pursuant to sub-section (4), enters
into a further agreement, the Minister shall cause a copy of the agreement or
a copy of the further agreement, as the case may be, to be laid before each
House of the Parliament within 15 sitting days of that House after the
agreement or the further agreement, as the case may be, is entered into.

''(6) Where the Minister has entered into an agreement that contains a
provision of a kind referred to in sub-section (3) with a body corporate and
the body corporate fails to provide the benefit or any one or more of the
benefits that the body corporate had agreed to provide under the provision or,
if the provision has been varied pursuant to sub-section (4), under the
provision as so varied, within the period in which the body corporate had
agreed to provide that benefit or those benefits-

   (a)  the amount of levy or the part of the amount of levy from the payment
        of which the Minister had agreed to exempt the body corporate
        forthwith becomes due and payable by the body corporate; and

   (b)  the Minister may, by notice in writing given to the body corporate,
        suspend the licence or any one or more of the licences granted to the
        body corporate under sub-section 9 (2) or (3) pursuant to the
        agreement.

''(7) Where the Minister has suspended a licence under sub-section (6), the
Minister shall, by notice in writing given to the holder of the licence,
revoke the suspension if-

   (a)  the body corporate pays to the Commonwealth the total amount of levy
        payable in respect of the grant of the licence and any amount that is
        payable by way of penalty under sub-section (11) in relation to that
        amount of levy; or

   (b)  the Minister is satisfied that the body corporate has provided the
        benefit or benefits the failure to provide which resulted in the
        suspension of the licence.

''(8) Where a person who is liable to pay an amount of levy on the grant of a
licence under sub-section 9 (2) or (3) in respect of a foreign fishing boat
(not being a licence granted pursuant to an agreement that contains a
provision of a kind referred to in sub-section (3)) fails to pay that amount
to the Commonwealth at or before the time when that amount became due and
payable, the Secretary may, by notice in writing given to the person, suspend
the licence.

''(9) Where the Secretary has suspended a licence under sub-section (8), the
Secretary shall, by notice in writing given to the holder of the licence,
revoke the suspension if the holder of the licence pays to the Commonwealth
the unpaid amount of levy on the grant of the licence and any amount that is
payable by way of penalty under sub-section (11) in relation to that amount of
levy.

''(10) An amount of levy on the grant of a licence (not being an amount of
levy that becomes due and payable in accordance with sub-section (6)) becomes
due and payable-

   (a)  where the Minister or the Secretary has, pursuant to sub-section (2),
        made arrangements with a person by whom the amount of levy is or will
        become payable in relation to the time for payment of, or the manner
        of payment of, the amount of levy or any part of that amount-in
        accordance with the arrangements; and

   (b)  in any other case-upon the expiration of 30 days after the grant of
        the licence.

''(11) Where a person who is liable to pay an amount of levy on the grant of a
licence in respect of a foreign fishing boat fails to pay that amount or any
part of that amount to the Commonwealth at or before the time when that amount
became due and payable, the person is liable to pay to the Commonwealth, by
way of penalty, in addition to that amount of levy, an amount calculated at
the rate of 10% per month upon the amount of levy from time to time remaining
unpaid, computed for the period commencing on the day on which that amount of
levy became due and payable and ending on the day specified in the licence as
being the day until which the licence is to remain in force.

''(12) An amount of levy that is due and payable and any amount that is
payable by way of penalty under sub-section (11) may be recovered by the
Commonwealth in a court of competent jurisdiction as a debt due to the
Commonwealth. Fisheries agreements

''9D. (1) If Australia enters into an agreement with the government of another
country that contains a provision under which licences under sub-section 9 (2)
or (3) are agreed to be granted in respect of foreign fishing boats (whether
or not the provision also provides for the payment of an amount or amounts to
Australia), the Minister shall cause a copy of the agreement to be laid before
each House of the Parliament within 15 sitting days of that House after the
agreement is entered into.

''(2) Where-

   (a)  an agreement that contains a provision of a kind referred to in
        sub-section (1) is in force;

   (b)  the provision provides for the payment of an amount or amounts to
        Australia;

   (c)  a licence or licences to which the provision relates has or have been
        granted under sub-section 9 (2) or (3) in respect of a foreign fishing
        boat or foreign fishing boats; and

   (d)  the amount or amounts specified in the provision or any part of that
        amount or of those amounts is not paid to Australia in accordance with
        the terms of the provision, the Minister may, by notice in writing
        given to the holder of a licence of a kind referred to in paragraph
        (c), suspend the licence.

''(3) Where the Minister has suspended a licence under sub-section (2), the
Minister shall, by notice in writing given to the holder of the licence,
revoke the suspension if the amount or the amounts the failure to pay which
resulted in the suspension of the licence is or are paid to Australia.

''(4) Sub-sections (2) and (3) have effect only so far as those sub-sections
are not laws imposing taxation within the meaning of section 55 of the
Constitution.''.