Commonwealth: Statutory Fishing Rights Charge Act 1991 (Cth)

Statutory Fishing Rights Charge Act 1991 No. 157 of 1991 An Act to impose a charge on the grant of statutory fishing rights Contents 1 Short title 2 Commencement 3 Interpretation 4 Application of Act 5 Imposition of charge 6 Exemption from charge 7 Amount of charge 8 By whom is charge payable? 9 Regulations Statutory Fishing Rights Charge Act 1991 No. 157 of 1991 An Act to impose a charge on the grant of statutory fishing rights [Assented to 21 October 1991] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Statutory Fishing Rights Charge Act 1991. 2 Commencement (1) Sections 1 and 2 commence on the day on which this Act receives the Royal Assent. (2) Subject to subsection (3), the remaining provisions of this Act commence on a day to be fixed by Proclamation. (3) If a provision mentioned in subsection (2) does not commence under that subsection within the period of 6 months commencing on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period. 3 Interpretation In this Act, unless the contrary intention appears: statutory fishing right means a statutory fishing right granted under Part 3 of the Fisheries Management Act 1991. 4 Application of Act This Act extends to every external Territory and applies both within and outside Australia. 5 Imposition of charge Subject to section 6, charge is imposed on the grant of a statutory fishing right. 6 Exemption from charge Charge is not payable on a grant of a statutory fishing right declared by the regulations to be exempt from charge. 7 Amount of charge The amount of the charge payable in respect of the grant of a statutory fishing right is such amount as is equal to: (a) if the right is auctioned—the amount of the highest bid made at the auction by the grantee of the right; or (b) if tenders were called in respect of the grant of the right—the amount of the bid submitted by the grantee of the right; or (c) if the grant of the right is made otherwise than by auction or by calling tenders—such amount as is calculated in accordance with the regulations. 8 By whom is charge payable? Charge is payable by the person to whom the right is granted. 9 Regulations The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed in carrying out or giving effect to this Act.