Commonwealth Numbered Regulations - Explanatory Statements

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FISHING LEVY AMENDMENT REGULATIONS 2002 (NO. 1) 2002 NO. 26

STATUTORY RULES 2002 No. 26

Issued by the authority of the Minister for Forestry and Conservation

Fishing Levy Act 1991

Fisheries Management Act 1991

Fishing Levy Amendment Regulations 2002 (No. 1)

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

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 5 of the Levy Act imposes levy in respect of a fishing concession.

Section 168 of the Fisheries Management Act 1991 (the Management Act) provides that the Governor-General may 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 in accordance with the regulations made under the Management Act.

The Fishing Levy Regulations 2001 (the principal Regulations) set the amounts of levy payable on fishing concessions that relate to the 2001/2002 financial year in each of the fisheries managed by the Australian Fisheries Management Authority (AFMA) on behalf of the Commonwealth.

The purpose of the Regulations is to amend the principal Regulations to give effect to a decision by AFMA to change the name of the Jack Mackerel Fishery to the Small Pelagic Fishery. This new name better reflects the range of species that are targeted in this fishery, which include small pelagic species other than Jack Mackerel. The Regulations substitute each reference to the Jack Mackerel Fishery with a reference to the Small Pelagic Fishery.

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

Regulation 1 provides for the Regulations to be cited as the Fishing Levy Amendment Regulations 2002 (No. 1).

Regulation 2 provides that the Regulations commence on gazettal.

Regulation 3 provides that Schedule 1 amends the principal Regulations.

Schedule 1 Item 1 replaces the reference to the Jack Mackerel Fishery in note 1 to Regulation 1.5 of the principal Regulations with a reference to the Small Pelagic Fishery.

Schedule 1 Item 2 substitutes a new heading for Part 8 of the principal Regulations which has the effect of changing the name of the fishery described in that Part from Jack Mackerel Fishery to Small Pelagic Fishery.

Schedule 1 Item 3 substitutes references to the Jack Mackerel Fishery in Regulation 8.1 with references to the Small Pelagic Fishery.

Schedule 1 Item 4 substitutes references to the Jack Mackerel Fishery in Subregulation 8.2(1) with references to the Small Pelagic Fishery.

Schedule 1 Item 5 substitutes references to the Jack Mackerel Fishery in Subregulation 8.2(2) with references to the Small Pelagic Fishery.