{"id":"C2004A03015","name":"Fisheries Levy Act 1984","slug":"fisheries-levy-act-1984","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"151 of 1984","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":34628,"registerId":"commonwealth-C2004A03015-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Fisheries Levy Act 1984.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This Act shall come into operation on a day to be fixed by Proclamation.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> fisheries licence means a licence under the Fisheries Act 1952 or the Torres Strait Fisheries Act 1984.\n\n> fishery means a class of activities by way of fishing, being a class of such activities that is identified in a plan of management as a fishery to which the plan of management applies.\n\n> plan of management means a plan of management determined under subsection 7B(1) of the Fisheries Act 1952 or section 15A of the Torres Strait Fisheries Act 1984.\n\n  (2) A reference in this Act to units of fishing capacity is a reference to the units into which, under a plan of management for a fishery, the fishing capacity or a part of the fishing capacity permitted for the fishery is divided.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Application of Act","content":"#### 4 Application of Act\n\n  This Act extends to every external Territory and applies both within and outside Australia.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Imposition of levy","content":"#### 5 Imposition of levy\n\n  Levy is imposed on the following:\n    (a) the grant of a licence under subsection 9(2) or (3) of the Fisheries Act 1952, being a licence included in a class of licences prescribed for the purposes of this paragraph;\n    (b) the endorsement under subsection 9(4) of the Fisheries Act 1952 of a licence granted under subsection 9(2) or (3) of that Act, being an endorsement included in a class of endorsements prescribed for the purposes of this paragraph;\n    (ba) the renewal under subsection 9(6B) of the Fisheries Act 1952 of a licence granted under subsection 9(2) or (3) of that Act, being a licence included in a class of licences prescribed for the purposes of this paragraph;\n    (bb) the variation under subsection 9(7A) of the Fisheries Act 1952 of a licence granted under subsection 9(2) or (3) of that Act, being a licence included in a class of licences prescribed for the purposes of this paragraph;\n    (bc) the allocation of units of fishing capacity, being units of fishing capacity prescribed for the purposes of this paragraph;\n    (bd) the renewal of the allocation of units of fishing capacity, being units of fishing capacity prescribed for the purposes of this paragraph;\n    (c) the endorsement under subsection 12P(4) of the Fisheries Act 1952 of a licence granted under subsection 9(2) or (3) of that Act, being an endorsement included in a class of endorsements prescribed for the purposes of this paragraph;\n    (d) the grant of a licence under subsection 19(2), (3) or (4A) of the Torres Strait Fisheries Act 1984, being a licence included in a class of licences prescribed for the purposes of this paragraph;\n    (e) the making under subsection 21(1) of the Torres Strait Fisheries Act 1984 of an entry in a licence granted under subsection 19(2) or (3) of that Act, being an entry included in a class of entries prescribed for the purposes of this paragraph;\n    (ea) the making under subsection 21(1A) of the Torres Strait Fisheries Act 1984 of an entry in a licence granted under subsection 19(4A) of that Act, being an entry included in a class of entries prescribed for the purposes of this paragraph;\n    (f) the renewal under subsection 24(1) of the Torres Strait Fisheries Act 1984 of a licence granted under subsection 19(2), (3) or (4A) of that Act, being a licence included in a class of licences prescribed for the purposes of this paragraph;\n    (fa) the variation under subsection 25A(1) of the Torres Strait Fisheries Act 1984 of a licence granted under subsection 19(2) or (3) of that Act, being a licence included in a class of licences prescribed for the purposes of this paragraph;\n    (g) the making under subsection 36(4) of the Torres Strait Fisheries Act 1984 of an entry in a licence granted under subsection 19(2), (3) or (4A) of that Act, being an entry included in a class of entries prescribed for the purposes of this paragraph.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Amount of levy","content":"#### 6 Amount of levy\n\n  (1) The amount of the levy imposed by this Act on the grant of a fisheries licence, the renewal of a fisheries licence, the endorsement of a fisheries licence, the variation of a fisheries licence, the allocation of a unit of fishing capacity, the renewal of the allocation of a unit of fishing capacity or the making of an entry in a fisheries licence is such amount as is specified in, or calculated in accordance with, the regulations.\n  (2) Regulations made for the purposes of subsection (1) may specify different amounts of, or prescribe different methods of calculating amounts of, levy in respect of:\n    (a) fisheries licences included in different classes of fisheries licences;\n    (b) endorsements of fisheries licences included in different classes of endorsements of fisheries licences;\n    (ba) units of fishing capacity included in different classes of units of fishing capacity; and\n    (c) entries in fisheries licences included in different classes of entries in fisheries licences.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Payment of levy","content":"#### 7 Payment of levy\n\n  (1) The amount of the levy imposed by this Act on the grant of a fisheries licence is payable by the person to whom the fisheries licence is granted at the time of the grant of the licence.\n  (2) The amount of the levy imposed by this Act on the renewal of a fisheries licence is payable by the holder of the licence at the time of the renewal of the licence.\n  (3) The amount of the levy imposed by this Act on the endorsement of a fisheries licence, or the making of an entry in a fisheries licence, is payable by the holder of the licence at the time of the endorsement or the making of the entry, as the case may be.\n  (4) The amount of the levy imposed by this Act on the variation of a fisheries licence is payable by the holder of the licence at the time of the variation of the licence.\n  (5) The amount of the levy imposed by this Act on the allocation of a unit of fishing capacity is payable by the person to whom the unit of fishing capacity is allocated at the time of the allocation of the unit of fishing capacity.\n  (6) The amount of the levy imposed by this Act on the renewal of the allocation of a unit of fishing capacity is payable by the holder of the unit of fishing capacity at the time of the renewal of the allocation of the unit of fishing capacity.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Regulations","content":"#### 8 Regulations\n\n  (1) The Governor‑General may make regulations for the purposes of sections 5 and 6.\n  (2) Notwithstanding section 14 of the Legislation Act 2003, the regulations may make provision for or in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in a plan of management, being a plan of management as in force at a particular time or as in force from time to time.","sortOrder":7}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act as originally enacted in 1984 covered a narrower set of triggering events (primarily licence grants and endorsements). Over time, amendments expanded the scope to include renewals, variations, and the allocation and renewal of units of fishing capacity — reflecting the introduction of quota-based fisheries management systems that did not exist when the Act was first passed. The Torres Strait-specific provisions also represent an expansion beyond the original domestic focus."},"complexity_factors":["Multiple cross-references to two separate parent Acts (Fisheries Act 1952 and Torres Strait Fisheries Act 1984), requiring readers to consult those Acts to fully understand scope","Numerous specific subsection references (e.g., s9(2), s9(3), s9(4), s9(6B), s9(7A), s12P(4), s19(2), s19(3), s19(4A), s21(1), s21(1A), s24(1), s25A(1), s36(4)) which fragment readability","Actual levy amounts are entirely delegated to regulations, meaning the Act alone is incomplete — users must find and read accompanying regulations to know what they owe","The concept of 'units of fishing capacity' requires understanding of fishery management plans, which are themselves external documents","Regulations may incorporate plans of management 'as in force from time to time', creating a dynamic and potentially shifting legal framework","Dual regulatory regime covering both general Australian fisheries and the distinct Torres Strait fisheries regime adds a layer of parallel complexity"],"plain_english_summary":"## Fisheries Levy Act 1984\n\n**What does this law do?**\nThis Act imposes a **levy** (a government charge or fee) on people who obtain, renew, or modify commercial fishing licences in Australian waters, including the Torres Strait region. Think of it as a fee-for-service system: every time a fisher gets a new licence, renews an existing one, or makes changes to it, they must pay a levy to the government.\n\n**Who does it affect?**\n- **Commercial fishers** operating under the *Fisheries Act 1952* or the *Torres Strait Fisheries Act 1984*\n- People who hold **units of fishing capacity** (essentially, officially allocated shares of how much fishing is permitted in a given area or fishery — similar to a quota)\n- This applies across **all of Australia and its external territories** (e.g., Christmas Island, Cocos Islands)\n\n**When is the levy charged?**\nA levy is triggered when someone:\n1. **Receives** a new fishing licence\n2. **Renews** a licence\n3. **Endorses** a licence (adds extra permissions to it)\n4. **Varies** a licence (modifies its terms)\n5. **Receives an allocation** of fishing capacity units\n6. **Renews** that allocation\n7. **Has an entry made** in their licence (such as adding a vessel)\n\n**How much is the levy?**\nThe actual dollar amount is **not fixed in the Act itself** — it is set by regulations (separate rules made by the Governor-General). This means the government can adjust levy amounts without changing the Act. Different amounts can apply to different types of licences or fishing capacities.\n\n**Why does it matter?**\nThis is essentially the legal foundation for charging commercial fishers for the privilege of accessing Australian fishery resources. It helps fund fisheries management and ensures those profiting from public fish stocks contribute to their administration."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The supplied text sets the Act’s scope explicitly (it extends to every external Territory and applies both within and outside Australia under s4). The text contains no amendment history or language indicating a change from an earlier scope; therefore no change from original scope is shown in the supplied material."},"complexity_factors":["Delegation of levy amounts and calculation methods to regulations rather than the Act itself (s6(1)–(2); s8(1)).","Multiple levy triggers across different licence events and unit allocations with many cross‑references to the Fisheries Act 1952 and the Torres Strait Fisheries Act 1984 (s5).","Definitions and the meaning of ‘units of fishing capacity’ rely on plans of management determined under other Acts, creating dependence on external instruments (s3(1)–(2)).","Regulations may incorporate or adopt material from plans of management, either as fixed at a time or as updated from time to time, adding dynamic content to the regulatory regime (s8(2)).","Payment obligations are event‑specific and immediate, requiring administration to track multiple event types and payers (s7(1)–(6)).","The Act’s extraterritorial application and extension to external Territories broadens administrative scope (s4)."],"plain_english_summary":"What this law does (mechanics)\n\n- The Act creates a legal requirement to pay a levy when certain fisheries regulatory events happen. Those events include grants, renewals, endorsements, variations and specific entries in fisheries licences, and the allocation or renewal of units of fishing capacity (see s5).\n- The size of the levy, and how it is calculated, is not set in the Act itself but is left to regulations (s6(1)). The regulations may set different amounts or calculation methods for different classes of licences, endorsements, units of capacity or licence entries (s6(2)).\n- The person who must pay is specified by the event: for example, a person granted a licence pays at grant (s7(1)); a licence holder pays on renewal, endorsement, variation or renewal of an allocated unit of fishing capacity (s7(2)–(6)).\n- The Governor‑General is authorised to make regulations for these matters (s8(1)). Those regulations may adopt or apply material from a plan of management (as defined in the Fisheries Act 1952 and the Torres Strait Fisheries Act 1984), either as in force at a particular time or as in force from time to time (s8(2)).\n- The Act defines key terms (for example, fisheries licence, fishery, plan of management) and says units of fishing capacity are those set in a plan of management (s3). The Act applies to every external Territory and has both domestic and extraterritorial application (s4).\n\nWho pays, who decides, and how behaviour is changed\n\n- Who pays: the Act assigns payment obligations to applicants or holders depending on the specific event—applicants pay on grant and allocation events; holders pay on renewals, endorsements, variations and certain licence entries (s7(1)–(6)).\n- Who decides rates and categories: the Governor‑General makes regulations that set levy amounts and can create different classes and calculation methods (s6, s8(1)). The regulations may incorporate elements of a plan of management (s8(2)), which links regulatory detail to instruments prepared under the Fisheries Act 1952 and the Torres Strait Fisheries Act 1984 (s3).\n- Behavioural effect: by imposing a monetary charge at specific regulatory moments (grant, renewal, allocation, etc.), the Act creates a direct cost that potential applicants and existing licence holders must pay at the time of the relevant event (s5, s7). That cost is likely to be a factor in decisions to apply for, renew, alter or acquire fishing capacity, because payment is required at the moment the regulatory event occurs (s7).\n\nAdministrative discretion, compliance burden and implementation risks\n\n- Regulatory discretion: the Act leaves the key details (amounts, classes, calculation methods) to regulations made by the Governor‑General (s6, s8(1)). Those regulations may also adopt material from plans of management (s8(2)), which means levy design can change or be tied to documents updated under other fisheries laws (s3). That creates scope for administrative variation without primary‑law amendment.\n- Compliance burden and timing: payment timing is event‑based and immediate—applicants or holders must pay at grant, renewal or other specified moments (s7). The Act thus creates predictable payment points but also immediate cash‑flow obligations for those events.\n- Interaction with plans of management and other Acts: key concepts (units of fishing capacity, fishery, plan of management) are defined by reference to plans determined under other Acts (s3). This cross‑referencing means the practical operation of the levy depends on those plans and the regulatory instruments under the Fisheries Act 1952 and the Torres Strait Fisheries Act 1984.\n\nWhat the source does not state\n\n- The Act does not itself allocate levy revenue, set recipients of the money, or state policy goals for the levy. It sets who pays and when, and delegates the amount and classification decisions to regulations (s6, s8)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act appears to maintain its original narrow purpose as a levy-collection mechanism for fisheries licences. While it has been amended over time to add new triggering events (such as variations and renewals of fishing capacity units in paragraphs 5(bc), 5(bd), and related provisions), these additions represent natural extensions of the original levy framework rather than scope creep into unrelated policy areas. The core function — imposing charges on fisheries administrative actions — remains unchanged since 1984."},"complexity_factors":["Heavy reliance on external legislation: The Act references two other Acts (Fisheries Act 1952 and Torres Strait Fisheries Act 1984) for all substantive definitions and licence types, making it impossible to understand without cross-referencing","Delegated legislative power: All actual levy amounts are left to regulations (section 6), meaning the Act itself contains no financial figures","Multiple nested categories: Section 5 lists 12 different triggering events across two regulatory schemes, with each requiring prescription of 'classes' in regulations","Incorporation by reference: Section 8(2) allows regulations to adopt external 'plans of management' dynamically (as in force from time to time), creating moving regulatory targets","Technical terminology: Terms like 'units of fishing capacity', 'endorsement', and 'entries' require fisheries management knowledge to fully comprehend"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a system for charging fees (called \"levies\") on commercial fishing licences and related activities. It's essentially the \"tax collection\" companion to two other laws — the *Fisheries Act 1952* (covering Australian waters generally) and the *Torres Strait Fisheries Act 1984* (covering the Torres Strait).\n\n**Who it affects:**\n\n- **Commercial fishers** who need licences to operate in Australian fisheries\n- **Fishing businesses** that hold or renew \"units of fishing capacity\" (a quota system that limits how much fish can be caught)\n- Anyone getting a licence **granted, renewed, endorsed, or varied** under the two fisheries Acts\n\n**Key activities that attract a levy:**\n\n- Getting a new fishing licence\n- Renewing an existing licence\n- Getting an endorsement (official approval) added to a licence\n- Varying (changing) a licence\n- Being allocated \"units of fishing capacity\" (fishing quota)\n- Renewing those quota units\n- Making entries in licences (administrative updates)\n\n**How the money side works:**\n\n- The Act **imposes** the levy but doesn't set the dollar amounts — those are set later in **regulations** (rules made by the government)\n- Different fees can apply to different **classes** of licences, endorsements, or quota units\n- Payment is due at the time the licence activity happens\n\n**Why it matters:**\n\nThis is how the government funds the management of Australia's fisheries. The money collected helps pay for monitoring fish stocks, enforcing fishing rules, and managing sustainable fishing practices. Without this levy system, there'd be no straightforward way to charge fishers for the administrative costs of running the fishery.\n\n**Special features:**\n\n- The law applies **everywhere** — all Australian external territories and waters outside Australia\n- It can incorporate rules from \"plans of management\" (fishery-specific rules) directly into the regulations, even as those plans change over time"}},"importantCases":[],"_links":{"self":"/api/acts/fisheries-levy-act-1984","history":"/api/acts/fisheries-levy-act-1984/history","analysis":"/api/acts/fisheries-levy-act-1984/analysis","conflicts":"/api/acts/fisheries-levy-act-1984/conflicts","importantCases":"/api/acts/fisheries-levy-act-1984/important-cases","documents":"/api/acts/fisheries-levy-act-1984/documents"}}