Fisheries Licences Levy Act 1984

No. 151 of 1984

An Act to impose a levy with respect to certain fisheries licences

[Assented to 25 October 1984]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title

1. This Act may be cited as the Fisheries Licences Levy Act 1984.

Commencement

2. This Act shall come into operation on a day to be fixed by Proclamation.

Interpretation

3. In this Act, “fisheries licence” means a licence under the Fisheries Act 1952 or the Torres Strait Fisheries Act 1984.

Application of Act

4. This Act extends to every external Territory and applies both within and outside Australia.

Imposition of levy

5. Levy is imposed on—

(a) the grant of a licence under sub-section 9 (2) or (3) of the Fisheries Act 1952, being a licence included in a class of licences prescribed for the purposes of this paragraph;

(b) the endorsement under sub-section 9 (4) of the Fisheries Act 1952 of a licence granted under sub-section 9 (2) or (3) of that Act, being an endorsement included in a class of endorsements prescribed for the purposes of this paragraph;

(c) the endorsement under sub-section 12p (4) of the Fisheries Act 1952 of a licence granted under sub-section 9 (2) or (3) of that Act, being an endorsement included in a class of endorsements prescribed for the purposes of this paragraph;

(d) the grant of a licence under sub-section 19 (2) or (3) of the Torres Strait Fisheries Act 1984, being a licence included in a class of licences prescribed for the purposes of this paragraph;

(e) the making under sub-section 21 (1) of the Torres Strait Fisheries Act 1984 of an entry in a licence granted under sub-section 19 (2) or (3) of that Act, being an entry included in a class of entries prescribed for the purposes of this paragraph;

(f) the renewal under sub-section 24 (1) of the Torres Strait Fisheries Act 1984 of a licence granted under sub-section 19 (2) or (3) of that Act, being a licence included in a class of licences prescribed for the purposes of this paragraph; and

(g) the making under sub-section 36 (4) of the Torres Strait Fisheries Act 1984 of an entry in a licence granted under sub-section 19 (2) or (3) of that Act, being an entry included in a class of entries prescribed for the purposes of this paragraph.

Amount of levy

6. (1) The amount of the levy imposed by this Act on the grant of a fisheries licence, the renewal of a fisheries licence, the endorsement of a fisheries licence or the making of an entry in a fisheries licence is such amount as is specified in, or calculated in accordance with, the regulations.

(2) Regulations made for the purposes of sub-section (1) may specify different amounts of, or prescribe different methods of calculating amounts of, levy in respect of—

(a) fisheries licences included in different classes of fisheries licences;

(b) endorsements of fisheries licences included in different classes of endorsements of fisheries licences; and

(c) entries in fisheries licences included in different classes of entries in fisheries licences.

Payment of levy

7. (1) The amount of the levy imposed by this Act on the grant of a fisheries licence is payable by the person to whom the fisheries licence is granted at the time of the grant of the licence.

(2) The amount of the levy imposed by this Act on the renewal of a fisheries licence is payable by the holder of the licence at the time of the renewal of the licence.

(3) The amount of the levy imposed by this Act on the endorsement of a fisheries licence, or the making of an entry in a fisheries licence, is payable by the holder of the licence at the time of the endorsement or the making of the entry, as the case may be.

Regulations

8. The Governor-General may make regulations for the purposes of sections 5 and 6.