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FISHERIES LEVY ACT 1984 REGULATIONS (REPEAL) 1996 NO. 319
EXPLANATORY STATEMENTSTATUTORY RULES 1996 No. 319
Issued by the authority of the Minister for Resources and Energy Fisheries Levy Act 1984
Fisheries Levy Act 1984 Regulations (Repeal)
Section 8 of the Fisheries Levy Act 1984 (the Levy Act) empowers the Governor-General to make regulations for the purposes of sections 5 and 6 of the Levy Act. Section 5 of the Levy Act imposes levy in respect of the grant, renewal, endorsement or variation of a fisheries licences under the Fisheries Act 1952 (Fisheries Act) or the Torres Strait Fisheries Act 1984 (Torres Strait Act), the allocation or a renewal of the allocation of a unit of fishing capacity under the Fisheries Act or the making of an entry in a fisheries licence under the Torres Strait Act. Section 6(1) of the Levy Act provides that the amount of levy imposed in respect of any of these matters is such amount as is specified in, or calculated in accordance with, the Regulations.
Subsection 33(3) of the Acts Interpretation Act 1901 provides, among other things, that where an Act confers power to make regulations the power shall, unless the contrary intention appears, be construed as including a power, exercisable in like manner, to repeal the regulations. No such contrary intention appears in the Levy Act.
The Regulations referred to below currently specify the amount of levy imposed in respect of fisheries licences granted under the Fisheries Act. The Fisheries Act ceased to have effect at the end of 2 February 1995. As a consequence the following Regulations (the principal Regulations), made under the Levy Act are now superfluous and may be repealed:
* the Fisheries Levy Regulations;
* the Fisheries Levy (Bass Strait Scallop Fishery) Regulations;
* the Fisheries Levy (East Coast Deep Water Finfish Trawl Fishery) Regulations;
* the Fisheries Levy (East Coast Tuna Longline Fishery) Regulations;
* the Fisheries Levy (East Coast Tuna Purse Seine Fishery) Regulations;
* the Fisheries Levy (Gemfish Fishery) Regulations;
* the Fisheries Levy (Great Australian Bight Trawl Fishery) Regulations;
* the Fisheries Levy (Kimberley Coast Prawn Trawl Fishery) Regulations;
* the Fisheries Levy (North Eastern Demersal Line Fishery) Regulations;
* the Fisheries Levy (North West Slope Trawl Fishery) Regulations;
* the Fisheries Levy (Northern Fish Trawl Fishery) Regulations;
* the Fisheries Levy (Northern Prawn Fishery) Regulations;
* the Fisheries Levy (Northern Shark Fishery) Regulations;
* the Fisheries Levy (South East Fishery) Regulations;
* the Fisheries Levy (South East Trawl Fishery) Regulations;
* the Fisheries Levy (South Western Sector Trawl Fishery) Regulations;
* the Fisheries Levy (Southern Bluefin Tuna Fishery) Regulations;
* the Fisheries Levy (Southern Shark Fishery) Regulations; and
* the Fisheries Levy (Western and North Western Deep-water Trawl Fisheries) Regulations.
The Fisheries Levy Act 1984 Regulations (Repeal) (the Regulations) repeal the principal Regulations. Levies for fisheries managed by the Australian Fisheries Management Authority on behalf of the Commonwealth are now set under the Fishing Levy Act 1991.
Details of the Regulations, which commenced on gazettal, are set out below:
Regulation 1 provides for the repeal of the Statutory Rules set out in the Schedule, which comprise the principal Regulations.