Statutory Fishing Rights Charge Act 1991
No. 157 of 1991
An Act to impose a charge on the grant of statutory fishing rights
[Assented to 21 October 1991]
The Parliament of Australia enacts:
This Act may be cited as the Statutory Fishing Rights Charge Act 1991.
(1) Sections 1 and 2 commence on the day on which this Act receives the Royal Assent.
(2) Subject to subsection (3), the remaining provisions of this Act commence on a day to be fixed by Proclamation.
(3) If a provision mentioned in subsection (2) does not commence under that subsection within the period of 6 months commencing on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.
In this Act, unless the contrary intention appears:
statutory fishing right means a statutory fishing right granted under Part 3 of the Fisheries Management Act 1991.
This Act extends to every external Territory and applies both within and outside Australia.
Subject to section 6, charge is imposed on the grant of a statutory fishing right.
Charge is not payable on a grant of a statutory fishing right declared by the regulations to be exempt from charge.
The amount of the charge payable in respect of the grant of a statutory fishing right is such amount as is equal to:
(a) if the right is auctioned—the amount of the highest bid made at the auction by the grantee of the right; or
(b) if tenders were called in respect of the grant of the right—the amount of the bid submitted by the grantee of the right; or
(c) if the grant of the right is made otherwise than by auction or by calling tenders—such amount as is calculated in accordance with the regulations.
Charge is payable by the person to whom the right is granted.
The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed in carrying out or giving effect to this Act.