Commonwealth Coat of Arms of Australia

Fisheries Management (Fishing Levy Collection) Regulations 2018

made under the

Fisheries Management Act 1991

Compilation No. 1

Compilation date:   4 December 2019

Includes amendments up to: F2019L01562

Registered:    18 December 2019

 

About this compilation

This compilation

This is a compilation of the Fisheries Management (Fishing Levy Collection) Regulations 2018 that shows the text of the law as amended and in force on 4 December 2019 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Name

3 Authority

4 Definitions

5 Collection and payment of levy

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

1  Name

  This instrument is the Fisheries Management (Fishing Levy Collection) Regulations 2018.

3  Authority

  This instrument is made under the Fisheries Management Act 1991.

4  Definitions

Note: Dealing is defined in the Fisheries Management Act 1991.

  In this instrument:

leviable fishing concession has the same meaning as in the Levy Regulations.

leviable SESSF quota fishing permit has the same meaning as in section 18 of the Levy Regulations.

leviable SESSF quota SFR has the same meaning as in section 17 of the Levy Regulations.

levy means levy imposed by the Levy Act.

Levy Act means the Fishing Levy Act 1991.

Levy Regulations means the Fishing Levy Regulations 2018.

Management Act means the Fisheries Management Act 1991.

5  Collection and payment of levy

 (1) For the purposes of sections 110 and 111 of the Management Act, this section provides for:

 (a) when levy is due and payable; and

 (b) the payment of levy by instalments.

Leviable fishing concessions—general

 (2) Subject to subsections (7) to (9), an amount of levy in respect of a leviable fishing concession must be paid in 3 approximately equal instalments.

 (3) The instalments are due and payable as follows:

 (a) the first instalment is due and payable on 5 February 2020;

 (b) the second instalment is due and payable on 1 April 2020;

 (c) the third instalment is due and payable on 29 May 2020.

 (4) Despite paragraph (3)(a), if a dealing occurs on or after 8 January 2020 and before 5 February 2020 that would, but for subsection 46(2) of the Management Act, have the effect of transferring the leviable fishing concession, the first instalment is due and payable on the earlier of:

 (a) 5 February 2020; and

 (b) the day before the day an application is made to register the dealing under section 46 of the Management Act.

 (5) Despite paragraph (3)(b), if a dealing occurs on or after 4 March 2020 and before 1 April 2020 that would, but for subsection 46(2) of the Management Act, have the effect of transferring the leviable fishing concession, the second instalment is due and payable on the earlier of:

 (a) 1 April 2020; and

 (b) the day before the day an application is made to register the dealing under section 46 of the Management Act.

 (6) Despite paragraph (3)(c), if a dealing occurs on or after 1 May 2020 and before 29 May 2020 that would, but for subsection 46(2) of the Management Act, have the effect of transferring the leviable fishing concession, the third instalment is due and payable on the earlier of:

 (a) 29 May 2020; and

 (b) the day before the day an application is made to register the dealing under section 46 of the Management Act.

Leviable SESSF quota fishing permits to which subsection 18(4) of the Levy Regulations applies

 (7) If subsection 18(4) of the Levy Regulations applies to a leviable SESSF quota fishing permit, the amount of levy in respect of the permit must be paid in 2 approximately equal instalments.

 (8) The instalments are due and payable as follows:

 (a) the first instalment is due and payable on 5 February 2020;

 (b) the second instalment is due and payable on 1 April 2020.

Certain leviable SESSF quota SFRs

 (9) An amount of levy in respect of a leviable SESSF quota SFR that authorises the taking of a quota species mentioned in item 14 or 17 of the table in subsection 17(3) of the Levy Regulations, or item 1, 2, 10 or 11 of the table in subsection 17(4) of that instrument, is due and payable on:

 (a) 29 May 2020; or

 (b) if a dealing occurs on or after 1 May 2020 and before 29 May 2020 that would, but for subsection 46(2) of the Management Act, have the effect of transferring the SFR—the earlier of:

 (i) 29 May 2020; and

 (ii) the day before the day an application is made to register the dealing under section 46 of the Management Act.

Note: Section 7 of the Levy Act provides that levy in respect of a fishing concession is payable by the person who, at the time at which the levy is due and payable, is the holder of the fishing concession.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /subsubparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

SubCh = SubChapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Fisheries Management (Fishing Levy Collection) Regulations 2018

5 Nov 2018 (F2018L01536)

6 Nov 2018 (s 2(1) item 1)

 

Fisheries Management (Fishing Levy Collection) Amendment (20192020 Instalment Dates) Regulations 2019

3 Dec 2019 (F2019L01562)

4 Dec 2019 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2.....................

rep LA s 48D

s 5.....................

am F2019L01562