279Industry levy

### 279 Industry levy > > (1)  [*\[Section 279 Subsection (1) amended by No. 45 of 1997, s. 52, Applied:13 Nov 1997\]*](/view/html/inforce/1997-11-13/act-1997-045#GS52@Hpa@EN) The Minister, at the request of a fishing body, may determine that a levy is payable by persons undertaking any activity under an authorisation if satisfied that the majority of persons likely to be affected are in favour of the levy. > > > (1A)  [*\[Section 279 Subsection (1A) inserted by No. 45 of 1997, s. 52, Applied:13 Nov 1997\]*](/view/html/inforce/1997-11-13/act-1997-045#GS52@Hpb@EN) The Minister, after consultation with the relevant fishing body, may determine – > > > > > > (a) that a levy is payable by persons undertaking any activity under an authorisation for the purpose of – > > > > > > > > > > (i) research; or > > > > > > > > > > > (ii) [*\[Section 279 Subsection (1A) amended by No. 7 of 2007, s. 79, Applied:30 Apr 2007\]*](/view/html/inforce/2007-04-30/act-2007-007#GS79@Hpa@EN) any approved services provided by an approved entity; and > > > > > > > (b) that a levy under [paragraph (a)](#GS279@Gs1A@Hpa@EN) is no longer payable. > > > (2)  The Minister may determine the amount of levy payable. > > > (2A)  [*\[Section 279 Subsection (2A) inserted by No. 12 of 2017, s. 6, Applied:13 Jun 2017\]*](/view/html/inforce/2017-06-13/act-2017-012#GS6@EN) The amount of levy determined to be payable under subsection (2) may be expressed in fee units as if it were a fee within the meaning of the [Fee Units Act 1997](/view/html/inforce/2026-04-12/act-1997-047) . > > > (3)  A levy – > > > > > > (a) is due and payable as prescribed; and > > > > > > > (b) may be paid by instalments in the prescribed manner. > > > (4)  If any instalment of a levy is not paid by the date on which it is due, the whole amount of the unpaid levy is due and payable on that date. > > > (5)  If a levy is not paid by the date on which it is due, the person liable to pay the levy is liable to a penalty calculated at the rate of 20% a year of the unpaid levy as from that date. > > > (6)  The Minister, by notice in writing, may exempt a person from payment of all or part of a levy if satisfied that the payment would cause the person undue hardship. > > > (7)  Any money received under this section in respect of a fishing body is payable into a Fishery Levy Fund for that fishing body. > > > (8)  Any money standing to the credit of a Fishery Levy Fund in respect of a fishing body is to be applied after consultation with the fishing body for the benefit of the fishing body. > > > (9)  [*\[Section 279 Subsection (9) amended by No. 45 of 1997, s. 52, Applied:13 Nov 1997\]*](/view/html/inforce/1997-11-13/act-1997-045#GS52@Hpc@EN) A fishing body may request the Minister to determine that a levy is no longer payable in respect of that fishing body. > > > (10)  [*\[Section 279 Subsection (10) inserted by No. 7 of 2007, s. 79, Applied:30 Apr 2007\]*](/view/html/inforce/2007-04-30/act-2007-007#GS79@Hpb@EN) In this section – > > > > > ***entity*** includes – > > > > > > > > (a) a government department or instrumentality of a State, a Territory or the Commonwealth; and > > > > > > > > > (b) an international organisation.