Commonwealth Numbered Regulations - Explanatory Statements

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FISHING LEVY (SOUTH EAST FISHERY) REGULATIONS (AMENDMENT) 1993 NO. 72

STATUTORY RULES 1993 No. 72

Issued by the authority of the Minister for Primary Industries and Energy

Fishing Levy Act 1991

Fishing Levy (South East Fishery) Regulations (Amendment)

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

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

The Fishing Levy (South East Fishery) Regulations (the Levy Regulations), made under the Act, came into effect on 24 December 1992.

The purpose of the Fishing Levy (South East Fishery) Regulations (Amendment) (the Regulations) is to rewrite the former regulation 4 of the Levy Regulations, which provided that nothing in the Levy Regulation affected liability to pay levy under the Fishing Levy Regulations. Written in that way, former regulation 4 purported to deal with a matter going as to liability to pay levy. There is no provision in the Act for the making of a regulation to provide for liability to pay levy. The former Regulation 4 could therefore have been declared ultra vires and therefore void.

The Regulations replaced former regulation 4 with a new regulation 4, which provides that the levy payable under the Levy Regulations is in addition to levy payable under the Fishing Levy Regulations. By referring to an amount of levy payable, rather than liability to pay levy, new regulation 4 is made within the regulation making power under section 6 of the Act.

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

Regulation 1 provided for the amendment of the Levy Regulations.

Regulation 2 replaced regulation 4 of the Levy Regulations with a regulation to the effect that the levy payable under the Levy Regulations is in addition to levy payable under the Fishing Levy Regulations.