Commonwealth Numbered Regulations - Explanatory Statements

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FISHING LEVY (SOUTHERN SHARK FISHERY) REGULATIONS (REPEAL) 1994 NO. 75

STATUTORY RULES 1994 No. 75

Issued by the authority of the Minister for Resources

Fishing Levy Act 1991

Fisheries Management Act 1991

Fishing Levy (Southern Shark Fishery) Regulations (Repeal)

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 Governor-General 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 as a consequence of regulations made under the Management Act.

"Fishing concession" is defined under the Levy Act and the Management Act to mean, among other things, a fishing permit.

The Fishing Levy (Southern Shark Fishery Research) Regulations (the principal Regulations) currently specify the amount of levy imposed in respect of fishing permits granted for sectors in the Southern Shark Fishery (the fishery) that implement the collection of the contribution of the Southern Shark fishing industry to the Fisheries Research and Development Corporation (the FRDC).

The Regulations repeal the principal Regulations.

Contributions of the Southern Shark fishing industry to the FRDC would in future be incorporated in amounts of levy to be collected under the Fishing Levy (Southern Shark Fishery) Regulations.

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

Regulation 1 provides for the repeal of the principal Regulations, which comprise Statutory Rules 1993 Nos. 71 and 302.