Foreign Fishing Boats Levy Regulations

Foreign Fishing Boats Levy Regulations Statutory Rules 1983 No. 117 as amended made under the Foreign Fishing Boats Levy Act 1981 This compilation was prepared on 16 April 2004 taking into account amendments up to SR 1988 No. 368 Prepared by the Office of Legislative Drafting, Attorney-General’s Department, Canberra Contents Page 2 Foreign Fishing Boats Levy Regulations Contents 1 Citation [see Note 1] 2 2 Repeal of former Foreign Fishing Boats Levy Regulations 2 3 Interpretation 2 4 Prescribed class of foreign fishing boats 2 5 Reconsideration and review of decisions under paragraph 4 (b) 3 6 Levy payable under subsection 5 (1) of the Act 5 Notes 6 1 Citation [see Note 1] These Regulations may be cited as the Foreign Fishing Boats Levy Regulations. 2 Repeal of former Foreign Fishing Boats Levy Regulations Statutory Rules 1982 No. 288 are repealed. 3 Interpretation In these Regulations: the Act means the Foreign Fishing Boats Levy Act 1981. the Secretary has the same meaning as in the Fisheries Act 1952. 4 Prescribed class of foreign fishing boats For the purposes of subsection 4 (2) of the Foreign Fishing Boats Levy Act 1981, a foreign fishing boat is included in a prescribed class of foreign fishing boats if, in respect of that boat: Regulation 5 Foreign Fishing Boats Levy Regulations 3 (a) there is an instrument in force under subsection 4 (2) of the Fisheries Act 1952; and (b) a resident of Australia who is: (i) an Australian citizen; or (ii) a company registered in Australia in which the majority of shares is held by persons who are both residents of Australia and Australian citizens; provides evidence to the satisfaction of the Secretary, or an officer in the Department authorised in writing by the Secretary in that behalf, that the person or the company is the owner of the boat. 5 Reconsideration and review of decisions under paragraph 4 (b) (1) In this regulation: relevant decision means a decision under paragraph 4 (b) that a person is, or is not, the owner of a boat. reviewable decision means a decision of the Minister under subregulation (6). (2) The person making a relevant decision shall, within 28 days of the date of the decision, cause written notice of the decision to be given to persons whose interests are affected by the decision. (3) A notice given under subregulation (2) of a relevant decision shall include a statement to the effect that a person whose interests are affected by the decision may, by notice in writing given to the Minister within 21 days of the day on which the decision first comes to the notice of the person, or within such further period as the Minister allows by notice in writing given to the person either before or after the expiration of those 21 days, request the Minister to reconsider the decision. (4) A person whose interests are affected by a relevant decision may, by notice in writing given to the Minister within 21 days of the day on which the decision first comes to the notice of the person, or within such further period as the Minister allows by notice in writing given to the person either before or after the Regulation 5 4 Foreign Fishing Boats Levy Regulations expiration of those 21 days, request the Minister to reconsider the decision. (5) A request under subregulation (4) shall set out the reasons for making the request. (6) Within 45 days of the receipt by the Minister of a request under subregulation (4) to reconsider a relevant decision, the Minister shall reconsider the decision and make a decision: (a) confirming the relevant decision; (b) in substitution for the relevant decision; or (c) revoking the relevant decision. (7) Application may be made to the Administrative Appeals Tribunal for the review of a reviewable decision. (8) The Minister shall, within 28 days of the date of making a reviewable decision, cause written notice of the decision to be given to persons whose interests are affected by the decision. (9) A notice given under subregulation (8) of a reviewable decision shall: (a) include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for the review of the decision; and (b) except where subsection 28 (4) of that Act applies — include a statement to the effect that a person whose interests are affected by the decision may request a statement under section 28 of that Act. (10) The validity of a decision is not affected by a failure to comply with subregulation (3) or (9). (11) The Minister may, by instrument in writing, delegate to the Secretary or to an officer in the Senior Executive Service in the Department all or any of his or her powers under this regulation. Regulation 6 Foreign Fishing Boats Levy Regulations 5 6 Levy payable under subsection 5 (1) of the Act For the purposes of subsection 5 (1) of the Act, the amount of levy imposed by subsection 4 (1) of the Act on the grant to a person of a licence in respect of a foreign fishing boat is $15,000. Notes to the Foreign Fishing Boats Levy Regulations Table of Statutory Rules 6 Foreign Fishing Boats Levy Regulations Notes to the Foreign Fishing Boats Levy Regulations Note 1 The Foreign Fishing Boats Levy Regulations (in force under the Foreign Fishing Boats Levy Act 1981) as shown in this compilation comprise Statutory Rules 1983 No. 117 amended as indicated in the Tables below. Table of Statutory Rules Year and number Date of notification in Gazette Date of commencement Application, saving or transitional provisions 1983 No. 117 29 July 1983 29 July 1983 1984 No. 167 27 July 1984 27 July 1984 — 1985 No. 182 31 July 1985 1 Aug 1985 — 1987 No. 296 17 Dec 1987 17 Dec 1987 — 1988 No. 368 21 Dec 1988 21 Dec 1988 — Notes to the Foreign Fishing Boats Levy Regulations Table of Amendments Foreign Fishing Boats Levy Regulations 7 Table of Amendments ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted Provision affected How affected R. 3 ..................................... am. 1984 No. 167; 1985 No. 182; 1987 No. 296 R. 4 ..................................... rs. 1987 No. 296 am. 1988 No. 368 R. 5 ..................................... am. 1984 No. 167; 1985 No. 182 rep. 1987 No. 296 ad. 1988 No. 368 R. 6 .................................... am. 1987 No. 296