{"id":"C2004A04232","name":"Statutory Fishing Rights Charge Act 1991","slug":"statutory-fishing-rights-charge-act-1991","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"157 of 1991","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":7485,"registerId":"commonwealth-C2004A04232-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statutory Fishing Rights Charge Act 1991","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\ntitle: Statutory Fishing Rights Charge Act 1991\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.png)\n\n \n\n \n\n \n\n \n\n \n\n \n\nStatutory Fishing Rights Charge Act 1991\n\n \n\nNo. 157 of 1991\n\n \n\n \n\n \n\n \n\n \n\nAn Act to impose a charge on the grant of statutory fishing rights\n\n \n\n \n\n \n\nContents\n\n[1 Short title](#_Toc427238990)\n\n[2 Commencement](#_Toc427238991)\n\n[3 Interpretation](#_Toc427238992)\n\n[4 Application of Act](#_Toc427238993)\n\n[5 Imposition of charge](#_Toc427238994)\n\n[6 Exemption from charge](#_Toc427238995)\n\n[7 Amount of charge](#_Toc427238996)\n\n[8 By whom is charge payable?](#_Toc427238997)\n\n[9 Regulations](#_Toc427238998)\n\n \n\n![](image.001.png)\n\n \n\n \n\nStatutory Fishing Rights Charge Act 1991\n\nNo. 157 of 1991\n\n \n\n \n\n \n\nAn Act to impose a charge on the grant of statutory fishing rights\n\n[Assented to 21 October 1991]\n\nThe Parliament of Australia enacts:\n\n##### 1  Short title\n\n  This Act may be cited as the Statutory Fishing Rights Charge Act 1991.\n\n##### 2  Commencement\n\n (1) Sections 1 and 2 commence on the day on which this Act receives the Royal Assent.\n\n (2) Subject to subsection (3), the remaining provisions of this Act commence on a day to be fixed by Proclamation.\n\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.\n\n##### 3  Interpretation\n\n  In this Act, unless the contrary intention appears:\n\nstatutory fishing right means a statutory fishing right granted under Part 3 of the Fisheries Management Act 1991.\n\n##### 4  Application of Act\n\n  This Act extends to every external Territory and applies both within and outside Australia.\n\n##### 5  Imposition of charge\n\n  Subject to section 6, charge is imposed on the grant of a statutory fishing right.\n\n##### 6  Exemption from charge\n\n  Charge is not payable on a grant of a statutory fishing right declared by the regulations to be exempt from charge.\n\n##### 7  Amount of charge\n\n  The amount of the charge payable in respect of the grant of a statutory fishing right is such amount as is equal to:\n\n (a) if the right is auctioned—the amount of the highest bid made at the auction by the grantee of the right; or\n\n (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\n\n (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.\n\n##### 8  By whom is charge payable?\n\n  Charge is payable by the person to whom the right is granted.\n\n##### 9  Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters:\n\n (a) required or permitted by this Act to be prescribed; or\n\n (b) necessary or convenient to be prescribed in carrying out or giving effect to this Act.\n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This Act is narrowly framed to do one thing: require payment of a charge when a statutory fishing right is granted (s5–s8). It delegates detail — exemptions, valuation for non‑auction grants, administrative matters — to regulations (s6, s7(c), s9). There is no textual indication in the provided version that the statutory scope was expanded beyond that primary purpose; the cross‑reference to the Fisheries Management Act defines the covered instrument, and the Act itself does not create additional substantive rights or regulatory regimes. Therefore the legislative scope, as presented, remains focused on imposing and collecting the charge rather than on materially extending the original purpose."},"complexity_factors":["Short Act: 9 sections only (including commencement) — limited length","Single defined term in the Interpretation section (\"statutory fishing right\") referencing Part 3 of the Fisheries Management Act 1991 (cross‑reference)","Three alternative calculation paths for the charge (auction, tender, otherwise) (s7)","Exemption power delegated to regulations (s6)","Broad regulation‑making power for detailed implementation (s9)","Commencement by proclamation with 6‑month default (s2)","Application to every external Territory and extraterritorially (s4)","Low internal conditionality or nested exceptions — most details delegated to regulations"],"plain_english_summary":"The Act requires anyone granted a \"statutory fishing right\" to pay a charge at grant; the grantee is liable and the amount depends on how the right is allocated (auction, tender, or as set by regulation). Regulations may exempt grants and set valuation/administration rules, and the law applies to external Territories and extraterritorially. It matters because it raises the upfront cost of rights and delegates key valuation and exemption decisions to the executive."},"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":"The legislation remains tightly focused on its original purpose: imposing a charge on the grant of statutory fishing rights. The scope has not expanded beyond this single, specific function since enactment."},"complexity_factors":["Only 9 sections total, with minimal text","Single defined term ('statutory fishing right') in the interpretation section","No nested exceptions or complex conditional logic — just one simple exemption in section 6","Straightforward calculation rules in section 7 with three clear, mutually exclusive scenarios","No cross-references to other legislation except the definitional reference to Fisheries Management Act 1991","Standard regulation-making power in section 9 without unusual constraints"],"plain_english_summary":"This law creates a fee (called a 'charge') that must be paid when the government grants someone a statutory fishing right — essentially a legal permission to fish in Australian waters under the Fisheries Management Act 1991.\n\n**Who it affects:**\n- **Commercial fishers** who receive fishing rights through auctions, tenders, or other allocation methods\n- The **Australian Fisheries Management Authority** (which administers the system)\n\n**How the charge works:**\n- If you win a fishing right at **auction**, you pay the amount of your winning bid\n- If you get the right through a **tender process**, you pay the amount you bid\n- If you receive the right **another way** (not auction or tender), the regulations set the amount\n\n**Key exemptions:**\n- The government can declare certain fishing rights exempt from this charge through regulations\n\n**Why it matters:**\nThis is essentially a cost-recovery and resource-rent mechanism. It ensures that those who profit from Australia's fish stocks pay for the privilege of accessing this public resource. The money likely goes into consolidated revenue or fisheries management. It applies across all of Australia and its external territories (like Christmas Island and Cocos Islands), and even covers fishing rights granted to Australians operating overseas."}},"importantCases":[],"_links":{"self":"/api/acts/statutory-fishing-rights-charge-act-1991","history":"/api/acts/statutory-fishing-rights-charge-act-1991/history","analysis":"/api/acts/statutory-fishing-rights-charge-act-1991/analysis","conflicts":"/api/acts/statutory-fishing-rights-charge-act-1991/conflicts","importantCases":"/api/acts/statutory-fishing-rights-charge-act-1991/important-cases","documents":"/api/acts/statutory-fishing-rights-charge-act-1991/documents"}}