Fisheries Levy (Torres Strait Prawn Fishery) Amendment Regulations 2009 (No. 1)1
Select Legislative Instrument 2009 No. 2
I, QUENTIN BRYCE, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Fisheries Levy Act 1984.
Dated 5 February 2009
QUENTIN BRYCE
Governor‑General
By Her Excellency’s Command
MARTIN FERGUSON
Minister for Resources and Energy and Minister for Tourism
for the Minister for Agriculture, Fisheries and Forestry
Schedule 1 Amendments
(regulation 3)
[1] Subregulation 2 (2)
substitute
(2) Unless the contrary intention appears, a word or phrase that is used in these Regulations has the same meaning as in the Torres Strait Fisheries Regulations 1985.
[2] Regulation 3, heading
substitute
3 Prescribed licences and units of fishing capacity
[3] After subregulation 3 (2)
insert
(3) For paragraphs 5 (bc) and (bd) of the Levy Act, units of fishing capacity are prescribed.
[4] Regulation 4
substitute
4 Amount of levy
Licences — grant, renewal or variation
(1) For subsection 6 (1) of the Levy Act, the amount of levy imposed on the grant of a licence mentioned in subregulations 3 (1) and (2) is $5 833.39 plus:
(a) if 1 or more units of fishing capacity have been allocated to the person to whom the licence is granted — $32.35 for each allocated unit; or
(b) if nil units have been allocated to the person — $32.35 for each allocated fishing day.
(2) For subsection 6 (1) of the Levy Act, the amount of levy imposed on the renewal of a licence mentioned in subregulations 3 (1) and (2) is $5 833.39 plus:
(a) if 1 or more units of fishing capacity have been allocated to the holder of the licence — $32.35 for each allocated unit; or
(b) if nil units have been allocated to the holder — $32.35 for each allocated fishing day.
(3) For subsection 6 (1) of the Levy Act, the amount of levy imposed on the variation of a licence mentioned in subregulations 3 (1) and (2) is:
(a) if 1 or more additional units of fishing capacity have been allocated to the holder of the licence — $32.35 for each additional allocated unit; or
(b) if nil additional units have been allocated to the holder — $32.35 for each additional allocated fishing day.
Units of fishing capacity — allocation or renewal of allocation
(4) For subsection 6 (1) of the Levy Act, the amount of levy imposed on the allocation of a unit of fishing capacity mentioned in subregulation 3 (3) is:
(a) if 1 or more units have been allocated to the person — $32.35 for each allocated unit; or
(b) if nil units have been allocated to the person — $32.35 for each allocated fishing day.
(5) For subsection 6 (1) of the Levy Act, the amount of levy imposed on the renewal of the allocation of a unit of fishing capacity mentioned in subregulation 3 (3) is:
(a) if 1 or more units have been allocated to the holder — $32.35 for each allocated unit; or
(b) if nil units have been allocated to the holder — $32.35 for each allocated fishing day.
Note 1 To identify by whom levy is payable, see section 7 of the Levy Act.
Note 2 Subsection 3 (2) of the Levy Act interprets references to ‘units of fishing capacity’.