{"id":"C2004A04231","name":"Fishing Levy Act 1991","slug":"fishing-levy-act-1991","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"156 of 1991","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":7481,"registerId":"commonwealth-C2004A04231-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title [see Note 1]","content":"#### 1 Short title \\[see Note 1\\]\n\n  This Act may be cited as the Fishing Levy Act 1991.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement [see Note 1]","content":"#### 2 Commencement \\[see Note 1\\]\n\n  (1) Sections 1 and 2 commence on the day on which this Act receives the Royal Assent.\n  (2) Subject to subsection (3), the remaining provisions of this Act commence on a day to be fixed by Proclamation.\n  (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.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> fishing concession means a fishing concession within the meaning of the Fisheries Management Act 1991 other than a foreign fishing licence granted under Part 3 of that Act.","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 in respect of a fishing concession.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Amount of levy","content":"#### 6 Amount of levy\n\n  The amount of levy is such amount as is prescribed.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"By whom is levy payable?","content":"#### 7 By whom is levy payable?\n\n  (1) Levy is payable by the person who, at the time at which the levy is due and payable, is the holder of the fishing concession.\n  (2) In this section, holder of a fishing concession means:\n    (a) the person to whom the fishing concession was granted; or\n    (b) if the fishing concession has been transferred—the person to whom the fishing concession was last transferred.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Regulations","content":"#### 8 Regulations\n\n  The Governor‑General may make regulations for the purposes of section 6.","sortOrder":7}],"analysis":{"issue_detection":{"absurdities":[{"type":"other","section":"6","severity":"medium","reasoning":"Section 6 states the levy amount is 'such amount as is prescribed' with zero legislative constraint. Combined with section 8, which grants the Governor-General unfettered regulation-making power solely for the purpose of section 6, this means the executive can set the levy at any amount — including zero (rendering the levy meaningless) or an astronomically high figure — with no parliamentary constraint embedded in the primary legislation. While delegation to regulations is common, providing no guiding criteria, maximum, minimum, or principle is a legislative drafting absurdity that hollows out the Act's primary operative purpose.","confidence":0.72,"description":"The amount of levy is entirely undefined within the Act itself, delegating the entire substantive fiscal obligation to regulations with no cap, floor, or guiding principle whatsoever."},{"type":"impossible_compliance","section":"5","severity":"medium","reasoning":"Section 5 declares levy is imposed but does not specify the event that triggers imposition (e.g., grant, renewal, annual holding, exercise of rights). Section 7 references 'the time at which the levy is due and payable' but neither section 5 nor any other provision in the Act defines when that time is. The Act imposes an obligation without establishing the mechanism or moment of imposition, leaving holders of fishing concessions unable to determine their compliance obligations from the face of the legislation.","confidence":0.78,"description":"Levy is 'imposed' in respect of a fishing concession with no triggering event, timing, or mechanism specified in the Act, making it unclear when or how the imposition actually occurs."},{"type":"other","section":"7(2)","severity":"medium","reasoning":"Section 7(2) defines 'holder' as either (a) the original grantee or (b) the person to whom it was 'last transferred.' This binary definition fails to address scenarios such as: joint holders, corporate dissolution of the grantee, partial transfers, concessions held by estates, or concessions subject to trusts. In these cases, either no person satisfies the definition or multiple persons arguably satisfy it simultaneously, creating a gap or ambiguity in levy liability.","confidence":0.65,"description":"The definition of 'holder' in section 7(2) does not account for fishing concessions that have been further subdivided, partially transferred, held jointly, or where the original grantee is deceased or dissolved, creating gaps in who is liable."},{"type":"other","section":"4","severity":"low","reasoning":"A fishing concession is defined by reference to the Fisheries Management Act 1991, an Australian domestic statute. Such concessions can only be granted under Australian law to persons or entities operating in Australian waters or territories. The declaration that the Act applies 'outside Australia' adds no practical legal content since the levy-generating instrument (the concession) is inherently Australian. The extraterritorial extension appears legally surplus to requirements at best, and at worst implies an attempt to tax activities in foreign jurisdictions on the basis of holding an Australian concession, which raises jurisdictional questions.","confidence":0.55,"description":"The Act purports to apply 'both within and outside Australia' but imposes a levy tied to an Australian statutory instrument (a fishing concession under Australian law), making extraterritorial application practically circular and unenforceable."}],"contradictions":[{"severity":"high","section_a":"7(1)","section_b":"5","confidence":0.82,"description":"Section 5 imposes levy 'in respect of a fishing concession' (a property/instrument), while section 7(1) makes levy payable by a person based on their status at the time levy is 'due and payable' — but no provision establishes when levy is due and payable, creating a circular dependency."},{"severity":"medium","section_a":"6","section_b":"8","confidence":0.75,"description":"Section 6 states the amount 'is such amount as is prescribed' implying a presently existing prescribed amount, while section 8 grants a future regulation-making power, creating a tension between the present-tense obligation in section 6 and the prospective enabling power in section 8. Until regulations are made, the levy amount is legally indeterminate despite section 5 purporting to impose it."},{"severity":"low","section_a":"2(2)","section_b":"2(3)","confidence":0.45,"description":"Section 2(2) states remaining provisions 'commence on a day to be fixed by Proclamation,' suggesting Proclamation is necessary. Section 2(3) provides automatic commencement after 6 months without any Proclamation, contradicting the apparent requirement for executive action in subsection (2). While this is a standard drafting device, the word 'fixed' in subsection (2) implies mandatory executive determination which subsection (3) then overrides unconditionally."}]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This legislation remains tightly focused on its original purpose: imposing a levy on domestic fishing concessions. It has not expanded beyond this narrow taxation function. The scope is deliberately limited by excluding foreign fishing licences and delegating rate-setting to regulations, which is consistent with standard Australian levy-imposing legislation design."},"complexity_factors":["Extremely short statute — only 8 sections","Only 1 defined term ('fishing concession') in the interpretation section","Minimal cross-referencing — only references the Fisheries Management Act 1991 to define the scope","Simple conditional logic — only basic rules about commencement timing and transfer of concessions","No nested exceptions or complex procedural requirements","Substantive content (the levy amount) is entirely delegated to regulations, keeping the primary legislation minimal"],"plain_english_summary":"This law creates a **fishing levy** — essentially a fee that people must pay for holding a government permit (called a 'fishing concession') to fish in Australian waters.\n\n**Who it affects:**\n- Anyone who holds a fishing concession under the Fisheries Management Act 1991 (this includes commercial fishers, but excludes foreign fishing boats operating under special foreign licences)\n- The person responsible for paying is whoever holds the concession at the time the fee is due — whether that's the original recipient or someone who bought/transferred the permit later\n\n**What it does:**\n- **Imposes a levy** (section 5): Creates a legal requirement to pay a fee for holding a fishing concession\n- **Sets the amount** (section 6): The actual dollar amount isn't in this Act — it's left to regulations (rules made by the Governor-General) to determine\n- **Applies broadly** (section 4): Covers all Australian external territories (like Christmas Island, Cocos Islands) and applies both inside and outside Australia's borders\n\n**Why it matters:**\nThis is a **taxation mechanism** designed to recover costs from the fishing industry. Rather than taxpayers funding fisheries management, the industry itself pays through these levies. The money typically goes toward managing fish stocks, research, and enforcement of fishing rules."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act remains narrowly focused on its original purpose: imposing a levy on holders of domestic fishing concessions under Commonwealth law. The explicit exclusion of foreign fishing licences and the delegation of the levy amount to regulations appear to be original design features, not scope changes."},"complexity_factors":["Very short Act with only 8 sections — minimal structural complexity","Core financial detail (the levy amount) is delegated to regulations, requiring readers to consult a separate instrument to understand the full financial obligation","Relies on definitions from another Act (Fisheries Management Act 1991), requiring cross-referencing","Straightforward obligation structure — one type of concession, one levy, one class of payer"],"plain_english_summary":"The Fishing Levy Act 1991 authorises the Australian Government to charge a levy on holders of Commonwealth fishing concessions (domestic licences, not foreign). It covers concession-holders nationwide, including external territories and specified activities outside Australia. The Act sets the power to impose the fee but not the dollar amount—those are fixed by regulation—so concession-holders are legally obliged to pay levy amounts determined outside the primary Act."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act expressly applies to every external Territory and to activities both within and outside Australia (s 4), and limits levy liability to holders of fishing concessions as defined (s 3, s 5). The text contains no provision or amendment suggesting a change to that stated scope."},"complexity_factors":["Short, focused Act with few operative provisions (ss 1–8) reducing drafting complexity.","Key operational detail (amount, timing, procedures) delegated to regulations (s 6, s 8), concentrating implementation complexity in subordinate instruments.","Dependence on an external definition (fishing concession in Fisheries Management Act 1991) creates cross‑statutory reference and potential interpretive complexity (s 3).","Commencement mechanism allows phased start by proclamation with an automatic fallback after six months, adding minor timing complexity (s 2).","No enforcement, exemption, calculation, or collection procedures in the Act increases implementation discretion and administrative design requirements for regulators (implicit from absence of provisions)."],"plain_english_summary":"Creates a statutory levy on holders of fishing concessions (as defined by the Fisheries Management Act 1991, excluding foreign fishing licences). The levy amount is prescribed by regulation and is payable by the current holder when it becomes due (ss 3, 5–7). The Governor‑General may make regulations prescribing amounts and implementation details, so executive instruments set rates and administrative rules (s 8). The measure places collection costs and compliance burden on concession holders and vests rate‑setting discretion in regulations."}},"importantCases":[],"_links":{"self":"/api/acts/fishing-levy-act-1991","history":"/api/acts/fishing-levy-act-1991/history","analysis":"/api/acts/fishing-levy-act-1991/analysis","conflicts":"/api/acts/fishing-levy-act-1991/conflicts","importantCases":"/api/acts/fishing-levy-act-1991/important-cases","documents":"/api/acts/fishing-levy-act-1991/documents"}}