FISHERIES AGREEMENTS (PAYMENTS) ACT 1991 

FISHERIES AGREEMENTS (PAYMENTS) ACT 1991 
- TABLE OF PROVISIONS

1. Short title [see Note 1]  
2. Commencement [see Note 1]  
3. Interpretation  
4. Effect of section 5 or 6  
5. Payments under fisheries agreements entered into with the government of another country  
6. Payments under fisheries agreements entered into otherwise than with the government of another country  

FISHERIES AGREEMENTS (PAYMENTS) ACT 1991
- SECT 1
Short title [see Note 1]

                   This Act may be cited as the Fisheries
Agreements (Payments) Act 1991.

FISHERIES AGREEMENTS (PAYMENTS) ACT 1991
- SECT 2
Commencement [see Note 1]

             (1)  Sections 1 and 2 commence on the day
on which this Act receives the Royal Assent.
             (2)  Subject to subsection (3), the
remaining provisions of this Act commence on a day to be fixed by Proclamation.
             (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.

FISHERIES AGREEMENTS (PAYMENTS) ACT 1991
- SECT 3
Interpretation

                   In this Act, unless the contrary
intention appears:

"AFMA" means the Australian Fisheries Management Authority.
"licence" means a foreign fishing licence granted under Part 3 of the Fisheries Management Act 1991.

FISHERIES AGREEMENTS (PAYMENTS) ACT 1991
- SECT 4
Effect of section 5 or 6

                   Section 5 or 6 has effect only so
far as that section is a law imposing taxation or dealing with the imposition
of taxation within the meaning of section 55 of the Constitution.

FISHERIES AGREEMENTS (PAYMENTS) ACT 1991
- SECT 5
Payments under fisheries agreements entered into with the government of another country

             (1)  If:
                     (a)  there is in force an agreement
between the Commonwealth and the government of another country; and
                     (b)  the
agreement contains a provision under which licences are agreed to be granted if
an amount specified in the provision is paid to the Commonwealth (whether or
not that amount or any part of that amount is to be paid before the grant of
any of the licences);
AFMA must, in determining whether or not to grant any of
the licences to which the provision relates, have regard only to the terms of
the agreement.
             (2)  Where:
                     (a)  an agreement that contains a
provision of a kind mentioned in subsection (1) is in force; and
                     (b)  a licence to which the provision
relates has been granted; and
                     (c)  the
whole or part of an amount specified in the provision is not paid to the
Commonwealth in accordance with the terms of the provision;
AFMA may suspend the licence by written notice given to
the holder of the licence.
             (3)  Where AFMA has suspended a licence under
subsection (2) and the amount concerned is fully paid, AFMA must revoke
the suspension by written notice given to the holder of the licence.

FISHERIES AGREEMENTS (PAYMENTS) ACT 1991
- SECT 6
Payments under fisheries agreements entered into otherwise than with the government of another country

             (1)  Where:
                     (a)  AFMA has entered into an agreement
with a person other than the government of another country or with persons none
of whom is the government of another country; and
                     (b)  the
agreement contains a provision under which licences are agreed to be granted if
an amount specified in the provision is paid to the Commonwealth;
AFMA must, in determining whether or not to grant licences
to which the provision relates, have regard only to the terms of the agreement.
             (2)  AFMA must not grant any of the licences
to which the provision relates unless the amount specified in the provision has
been paid to the Commonwealth in accordance with the terms of the provision.

FISHERIES AGREEMENTS (PAYMENTS) ACT 1991
- NOTES

Act No. 151 of 1991

This
Act was prepared on 
29 April 2002
Prepared by the Office of Legislative Drafting,
Attorney-General's Department, Canberra

  

  

  

Contents
1............ Short title [see Note 1]
....................................................................... 1
2............ Commencement [see Note 1]
.............................................................. 
1
3............ Interpretation
...................................................................................... 1
4............ Effect of section 5 or 6
....................................................................... 
1
5............ Payments under fisheries agreements entered into
with the government of another country
 1
6............ Payments under fisheries agreements entered into
otherwise than with the government of another country
         
2
Notes
                                                                                                                                              
5

An Act relating to payments under certain fisheries agreements
  
  

FISHERIES AGREEMENTS (PAYMENTS) ACT 1991
- NOTES

Notes to
the 
Fisheries Agreements (Payments) Act 1991

Note 1

The Fisheries Agreements (Payments) Act 1991 comprises
Act No. 151, 1991
 as indicated in the Table
below.

Table of Acts

 
  
  
Act
  
  
  
Number 
  and year
  
  
  
Date 
  of Assent
  
  
  
Date of commencement
  
  
  
Application, saving or transitional provisions
  
 
 
  
  Fisheries Agreements (Payments) Act 1991
  
  
  
151, 1991
  
  
  
21 Oct 1991
  
  
  
Ss. 3-6: 
3 Feb 1992

  (see Gazette
 1992, No. GN1)
  Remainder: Royal Assent