Prawn Export Charge Act 1995

Prawn Export Charge Act 1995 Act No. 15 of 1995 as amended [Note: This Act is to be repealed by Act No. 75 of 1998, see Note 2] This compilation was prepared on 9 October 2000 taking into account amendments up to Act No. 75 of 1998 The text of any of those amendments not in force on that date is appended in the Notes section Prepared by the Office of Legislative Drafting, Attorney-General’s Department, Canberra Prawn Export Charge Act 1995 iii Contents 1 Short title [see Note 1] ....................................................................... 1 2 Commencement [see Note 1]............................................................. 1 3 Interpretation ..................................................................................... 1 4 Imposition of charge .......................................................................... 1 5 Rate of charge .................................................................................... 1 6 Person liable to pay charge ................................................................ 2 7 Regulations ........................................................................................ 2 Notes 3 Prawn Export Charge Act 1995 1 An Act to impose a charge on the export of sea-caught prawns, parts of sea-caught prawns and sea-caught prawn products 1 Short title [see Note 1] This Act may be cited as the Prawn Export Charge Act 1995. 2 Commencement [see Note 1] This Act commences on the day on which the Prawn Boat Levy Act 1995 commences. 3 Interpretation (1) Unless the contrary intention appears, a word or expression used in this Act that is not defined in this Act but is defined in the Prawn Export Promotion Act 1995 has the same meaning in this Act as in the Prawn Export Promotion Act 1995. (2) A reference in this Act to the prescribed industry organisation is a reference to the organisation that is the prescribed industry organisation for the purposes of the Prawn Export Promotion Act 1995. 4 Imposition of charge A charge is imposed on: (a) sea-caught prawns; and (b) parts of sea-caught prawns; and (c) sea-caught prawn products; exported from Australia on or before 31 December 1997. 5 Rate of charge The rate of charge payable under section 4 is such amount, not exceeding 10 cents, per kilogram of the net weight of sea-caught prawns, parts of sea-caught prawns or sea-caught prawn products exported as is prescribed by the regulations. Section 6 2 Prawn Export Charge Act 1995 6 Person liable to pay charge Charge imposed on sea-caught prawns, parts of sea-caught prawns or sea-caught prawn products exported from Australia is payable by the exporter of the prawns, parts or products. 7 Regulations (1) The Governor-General may make regulations prescribing matters required or permitted by this Act to be prescribed. (2) The Governor-General must not make regulations for the purpose of section 5 unless the Governor-General has taken into consideration any recommendation relating to the proposed regulations made to the Minister by the prescribed industry organisation. (3) The prescribed industry organisation must not make a recommendation to the Minister for the purposes of subsection (2) unless the terms of the recommendation were approved at the last annual general meeting of the organisation held before the making of the recommendation. Notes to the Prawn Export Charge Act 1995 Table of Acts Prawn Export Charge Act 1995 3 Notes to the Prawn Export Charge Act 1995 Note 1 The Prawn Export Charge Act 1995 as shown in this compilation comprises Act No. 15, 1995 amended as indicated in the Tables below. For all relevant information pertaining to application, saving or transitional provisions, see Table A. Table of Acts Act Number and year Date of Assent Date of commencement Application, saving or transitional provisions Prawn Export Charge Act 1995 15, 1995 28 Mar 1995 1 July 1995 see s. 2 Fisheries Legislation Amendment Act (No. 1) 1998 75, 1998 30 June 1998 Schedule 3 (Part 1): 1 July 1997 Schedule 3 (Part 2): [see (a) and Note 2] S. 4 Notes to the Prawn Export Charge Act 1995 Act Notes 4 Prawn Export Charge Act 1995 (a) The Prawn Export Charge Act 1995 was amended by Schedule 3 only of the Fisheries Legislation Amendment Act (No. 1) 1998, subsections 2(2) and (3) of which provide as follows: (2) This section, section 3, Part 1 of Schedule 2 and Part 1 of Schedule 3 are taken to have commenced on 1 July 1997. (3) Section 4, Part 2 of Schedule 2, Part 2 of Schedule 3 and Schedule 4 commence 3 years after the day on which this Act receives the Royal Assent. [see Note 2] Notes to the Prawn Export Charge Act 1995 Table of Amendments Prawn Export Charge Act 1995 5 Table of Amendments ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted Provision affected How affected S. 4 .......................................... am. No. 75, 1998 Notes to the Prawn Export Charge Act 1995 Note 2 6 Prawn Export Charge Act 1995 Note 2 Fisheries Legislation Amendment Act (No. 1) 1998 (No. 75, 1998) The following amendment commences on 1 July 2001: Part 2—Repeal that commences 3 years after the day on which this Act receives the Royal Assent 2 The whole of the Act Repeal the Act. As at 9 October 2000 the repeal is not in force. Notes to the Prawn Export Charge Act 1995 Table A Prawn Export Charge Act 1995 7 Table A Application, saving or transitional provisions Fisheries Legislation Amendment Act (No. 1) 1998 (No. 75, 1998) 4 Saving—levy and charge collection Despite the repeal by this Act of the Prawn Boat Levy Act 1995, the Prawn Export Charge Act 1995 and the Prawn Export Promotion Act 1995: (a) the Act repealed; and (b) any regulation made under or for the purposes of the Act repealed; and (c) any agreement entered into between the Commonwealth and a State or Territory under the Act repealed; continue to apply in relation to a levy or charge imposed before the repeal as if the repeal had not happened.