Commonwealth Numbered Regulations - Explanatory Statements

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FISHING LEVY (SOUTHERN SHARK FISHERY RESEARCH) REGULATIONS (AMENDMENT) 1993 NO. 302

STATUTORY RULES 1993 No. 302

Issued by the authority of the Minister for Resources

Fishing Levy Act 1991

Fisheries Management Act 1991

Fishing Levy (Southern Shark Fishery Research) Regulations (Amendment)

Section 8 of the Fishing Levy Act 1991 (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.

Section 168 of the Fisheries Management Act 1991 (the Management Act) empowers the GovernorGeneral to 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 regulations made under the Management Act.

The Regulations amend the Fishing Levy (Southern Shark Fishery Research) Regulations (the principal Regulations). The amendment is a consequence of amendments to the Fishing Levy Regulations, which implement a new levy base for fisheries managed by the Australian Fisheries Management Authority (AFMA). The new levy base is structured on the basis of cost recovery from users of AFMA's services.

The Regulations omit from the principal Regulations the requirement that the amount of levy payable in respect of a fishing concession be paid in addition to the amount of levy payable under the Fishing Levy Regulations. The proposed Regulations apply to fishing concessions granted after the commencement of the proposed Regulations.

In addition, all expressions used in the principal Regulations that are defined under each of the Levy Act and the Management Act are defined in each Act in identical terms. The further guidance given for definition of those expressions, appearing in subregulation 2(2) of the principal Regulations, is not required. The Regulations therefore omit that subregulation from the principal Regulations.

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

Regulation 1 provides for the amendment of the principal Regulations.

Regulation 2 amends subregulation 2(2) of the principal Regulations by omitting the subregulation.

Regulation 3 amends regulation 5 of the principal Regulations by omitting the regulation.