Fish (Export Inspection Charge) Act 1981

No. 57 of 1981

An Act to impose a charge upon the inspection of fish for export

[Assented to 12 June 1981]

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 Fish (Export Inspection Charge) Act 1981.

Commencement

2. This Act shall come into operation on 1 July 1981.

Collection Act

3. The Fish (Export Inspection Charge) Collection Act 1981 shall be incorporated and read as one with this Act.

Interpretation

4. In this Act, unless the contrary intention appears—

“charge” means the charge imposed by this Act;

“exporter”, in relation to fish inspected for export, means the person (including a State or an authority of a State) to whom the export permit is issued, under Regulation 24 of the Exports (Fish) Regulations, in relation to the fish;

“fish” means fish, whether live, fresh, frozen, canned, dried, cooked or otherwise processed, or part of any such fish, and includes Crustacea, oysters and other shell fish and all forms of aquatic animal life other than whales;

“fish inspected for export” means fish in respect of which an export permit is issued under Regulation 24 of the Exports (Fish) Regulations.

Imposition of charge

5. (1) Subject to sub-section (2), a charge is imposed on fish inspected for export.

(2) Sub-section (1) does not apply to fish, or fish included in a class of fish, that is exempt from the charge under the regulations.

Rates of charge

6. (1) Subject to this section, the rate of charge in respect of fish is such rate as is applicable under the regulations to the class of fish in which that fish is included.

(2) For the purposes of sub-section (1), different rates of charge may be prescribed in respect of different classes of fish.

(3) The rate of charge in respect of oysters in the shell or half-shell shall not exceed 15 cents per dozen.

(4) The rate of charge in respect of fish, other than oysters in the shell or half-shell, shall not exceed 30 cents per kilogram.

By whom charge payable

7. The charge on fish inspected for export is payable by the exporter of the fish.

Regulations

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

(2) For the purposes of section 5 or 6, a class of fish may be prescribed by reference to a kind of fish referred to in the definition of fish in section 4 or in any other manner.