Commonwealth Numbered Regulations - Explanatory Statements

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FISHERIES MANAGEMENT REGULATIONS (AMENDMENT) 1994 NO. 77

STATUTORY RULES 1994 No. 77

Issued by the authority of the Minister for Resources

Fisheries Management Act 1991

Fisheries Management Regulations (Amendment)

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 and Paragraph 168 (1) (a) of the Management Act empower the Governor-General to make regulations providing for the ascertainment of when levy imposed by the Fishing Levy Act 1991 (the Levy Act) is due and payable.

Regulation 19A of the Fisheries Management Regulations (the Principal Regulations), specifies when particular levies imposed by the Levy Act are due and payable. The relevant levies are levies imposed in respect of a fishing permit that includes a condition by reference to which the amount of levy is prescribed. Regulation 19A also provided for an exemption from this requirement, for amounts of levy imposed by the Levy Act and quantified by the Fishing Levy (Southern Shark Fishery Research) Regulations (the Research Regulations).

The Regulations amend the Principal Regulations to revise the exemption. The amendment takes account of the repeal of the Research Regulations and the amendment to the Fishing Levy (Southern Shark Fishery) Regulations (the Levy Regulations).

The Regulations:

•       omit the exemption relating to the Research Regulations in Regulation 19A, as that reference is no longer required; and

•       substitute a new exemption relating to the Levy Regulations, as ascertainment of when the amounts of levy quantified under the Levy Regulations are due and payable are ascertained under the Levy Regulations themselves, even though those amounts are calculated by reference to conditions included on fishing permits.

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 Regulation 19A (3) of the Principal Regulations by omitting subregulation 19A (3), which related to the Research Regulations, and substituting a new subregulation 19A (3), which relates to the Levy Regulations.