94EAdjusted levy amounts

94E  Adjusted levy amounts

 (1) The adjusted levy amounts to be credited to the AFMA Special Account under paragraph 94C(a) are the amounts worked out using the formula:

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  where:

deductible component, in relation to a levy amount, means:

 (a) if, as a result of the receipt by the Commonwealth of the levy amount, an amount (the research component) is required to be paid under subparagraph 30A(1)(a)(i) or (ii) of the Primary Industries and Energy Research and Development Act 1989 to an R & D Corporation (within the meaning of that Act) established in respect of the fishing industry—an amount equal to the research component; or

 (b) if the levy amount is an amount referred to in paragraph (e) of the definition of levy amount—an amount equal to so much (if any) of the levy amount as is determined by the Minister to be an amount paid to the Commonwealth for the right to engage in fishing in the AFZ; or

 (c) if a part of the levy amount is prescribed for the purposes of this paragraph—an amount equal to the part so prescribed.

levy amount means all of the following amounts received by the Commonwealth after the commencement of this section:

 (a) an amount received by the Commonwealth as levy imposed by the Fisheries Levy Act 1984;

 (b) an amount received by the Commonwealth as levy imposed by the Fishing Levy Act 1991;

 (c) an amount received by the Commonwealth as levy imposed by the Foreign Fishing Licences Levy Act 1991;

 (d) an amount received by the Commonwealth as charge imposed by the Statutory Fishing Rights Charge Act 1991;

 (e) an amount received by the Commonwealth as mentioned in the Fisheries Agreements (Payments) Act 1991;

 (f) an amount received by the Commonwealth in repayment of a loan made under a fisheries adjustment program or a fisheries restructuring program;

 (g) an amount received by the Commonwealth as a penalty under section 112 of the Fisheries Management Act 1991;

 (h) an amount received by the Commonwealth as a fee under regulations made under paragraph 168(2)(e) of the Fisheries Management Act 1991;

other than an amount that is declared by the regulations not to be a levy amount for the purposes of this section.

 (2) A determination made under paragraph (b) of the definition of deductible component in subsection (1) is not a legislative instrument.