{"id":"F2018L01536","name":"Fisheries Management (Fishing Levy Collection) Regulations 2018","slug":"fisheries-management-fishing-levy-collection-regulations-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":98201,"registerId":"commonwealth-F2018L01536-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Fisheries Management (Fishing Levy Collection) Regulations 2018.","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under the Fisheries Management Act 1991.","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n> Note: Dealing is defined in the Fisheries Management Act 1991.\n\n  In this instrument:\n\n> leviable fishing concession has the same meaning as in the Levy Regulations.\n\n> leviable SESSF quota fishing permit has the same meaning as in section 18 of the Levy Regulations.\n\n> leviable SESSF quota SFR has the same meaning as in section 17 of the Levy Regulations.\n\n> levy means levy imposed by the Levy Act.\n\n> Levy Act means the Fishing Levy Act 1991.\n\n> Levy Regulations means the Fishing Levy Regulations 2018.\n\n> Management Act means the Fisheries Management Act 1991.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Collection and payment of levy","content":"#### 5 Collection and payment of levy\n\n  (1) For the purposes of sections 110 and 111 of the Management Act, this section provides for:\n    (a) when levy is due and payable; and\n    (b) the payment of levy by instalments.\n  Leviable fishing concessions—general\n  (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.\n  (3) The instalments are due and payable as follows:\n    (a) the first instalment is due and payable on 11 February 2026;\n    (b) the second instalment is due and payable on 8 April 2026;\n    (c) the third instalment is due and payable on 3 June 2026.\n  (4) Despite paragraph (3)(a), if a dealing occurs on or after 14 January 2026 and before 11 February 2026 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:\n    (a) 11 February 2026; and\n    (b) the day before the day an application is made to register the dealing under section 46 of the Management Act.\n  (5) Despite paragraph (3)(b), if a dealing occurs on or after 11 March 2026 and before 8 April 2026 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:\n    (a) 8 April 2026; and\n    (b) the day before the day an application is made to register the dealing under section 46 of the Management Act.\n  (6) Despite paragraph (3)(c), if a dealing occurs on or after 6 May 2026 and before 3 June 2026 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:\n    (a) 3 June 2026; and\n    (b) the day before the day an application is made to register the dealing under section 46 of the Management Act.\n  Leviable SESSF quota fishing permits to which subsection 18(4) of the Levy Regulations applies\n  (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.\n  (8) The instalments are due and payable as follows:\n    (a) the first instalment is due and payable on 11 February 2026;\n    (b) the second instalment is due and payable on 8 April 2026.\n  Certain leviable SESSF quota SFRs\n  (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:\n    (a) 3 June 2026; or\n    (b) if a dealing occurs on or after 6 May 2026 and before 3 June 2026 that would, but for subsection 46(2) of the Management Act, have the effect of transferring the SFR—the earlier of:\n    (i) 3 June 2026; and\n    (ii) the day before the day an application is made to register the dealing under section 46 of the Management Act.\n\n> 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.","sortOrder":3}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument remains tightly focused on its original purpose: establishing payment schedules for fishing levies. The 2026 dates suggest this is a time-limited update to collection timing, which is standard administrative practice for levy regulations. There is no evidence of scope creep into substantive fishing rights, conservation measures, or enforcement powers."},"complexity_factors":["Heavy reliance on external definitions — 6 key terms are defined by reference to other legislation (Fishing Levy Act 1991, Fishing Levy Regulations 2018, Fisheries Management Act 1991), requiring readers to cross-reference multiple instruments","Nested conditional logic — payment dates depend on whether specific subsections of other regulations apply (subsections 17(3), 17(4), 18(4) of the Levy Regulations)","Temporal exceptions with precise date windows — subsections (4), (5), (6), and (9)(b) create 'if-then' triggers based on dealings occurring in narrow 4-week periods (e.g., 'on or after 14 January 2026 and before 11 February 2026')","Double-negative legal construction — 'would, but for subsection 46(2) of the Management Act, have the effect of transferring' requires understanding of statutory freezing provisions","Species-specific carve-outs — subsection (9) requires cross-referencing a table in another instrument to determine which fish species trigger single-payment treatment"],"plain_english_summary":"This instrument sets when and how commercial fishers with fishing concessions—particularly SESSF quota permit and statutory fishing right holders—must pay government fishing levies. Most must pay in three instalments in Feb, Apr and June 2026; some SESSF quota holders pay two instalments and certain SESSF rights require a single lump sum in June.\n\nIt also makes levies payable immediately before a fishing-right transfer is registered, so sellers cannot avoid fees and the government recovers charges predictably."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"This instrument does not expand or narrow which licences or permits are subject to levy; it prescribes the timing and instalment mechanics for levy collection in 2026. The Regulation relies on existing definitions and liability rules in the Fishing Levy Act, the Levy Regulations and the Fisheries Management Act (see regs 3–5 and the Note referencing s 7 of the Levy Act) rather than changing the underlying scope of who is leviable."},"complexity_factors":["Multiple overlapping payment schedules (three instalments for most concessions; two instalments where s 18(4) of the Levy Regulations applies; single date for certain SFRs) — see reg 5(2)–(9).","Interaction with transfer 'dealings' which can bring an instalment forward depending on application date to register the dealing — see reg 5(4)–(6) and 5(9)(b).","Fixed calendar dates for instalments (11 Feb, 8 Apr, 3 Jun 2026) create strict timing rules and cashflow implications for payers — reg 5(3).","Cross-references to external instruments for key definitions and scope (Fisheries Management Act 1991; Fishing Levy Act 1991; Fishing Levy Regulations 2018) increase interpretive burden — regs 3 and 4.","Specific identification of quota items for SFRs by reference to table items in the Levy Regulations requires checking another instrument to determine applicability — reg 5(9) (referring to Levy Regulations subs 17(3), 17(4)).","Provision that instalments be 'approximately equal' creates ambiguity in allocation and accounting for liability and enforcement — reg 5(2) and 5(7).","Liability rule points to timing-based holder liability under section 7 of the Levy Act, so determining 'who pays' depends on who holds the concession at the due time — explanatory note and cross-reference.","Operational dependency on registration/application dates (the day before an application to register a dealing) raises implementation and dispute risks about exact timing and evidence of applications — regs 5(4)–(6), 5(9)(b)."],"plain_english_summary":"This regulation fixes when and how fishing levies for leviable fishing concessions, specified SESSF quota fishing permits and certain SESSF quota SFRs must be paid in 2026. Most concession holders pay in three approximately equal instalments; some SESSF permits pay in two instalments and some SFRs have a single due date. It also accelerates an instalment’s due date if a transfer ‘dealing’ occurs shortly before that instalment, and relies on existing levy and management laws to identify who is liable."}},"importantCases":[],"_links":{"self":"/api/acts/fisheries-management-fishing-levy-collection-regulations-2018","history":"/api/acts/fisheries-management-fishing-levy-collection-regulations-2018/history","analysis":"/api/acts/fisheries-management-fishing-levy-collection-regulations-2018/analysis","conflicts":"/api/acts/fisheries-management-fishing-levy-collection-regulations-2018/conflicts","importantCases":"/api/acts/fisheries-management-fishing-levy-collection-regulations-2018/important-cases","documents":"/api/acts/fisheries-management-fishing-levy-collection-regulations-2018/documents"}}