Part 14Cost recovery
264Levies
The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister,—
- impose levies for the purpose of this Part:
- amend or revoke an order made under this section.
Subject to section 265A, the Minister must not make a recommendation under subsection (1) unless the Minister is satisfied that the proposed order to which the recommendation relates is consistent with rules in force under section 263.
Without limiting the generality of subsection (1), an order may—
- prescribe, or provide for the fixing of, different rates of levy in respect of different classes of persons, species or kinds of fish or aquatic life or seaweed, quantities of fish or aquatic life or seaweed, quota management areas, fishery management areas, or any combination of them:
- prescribe, or provide for the fixing of, different rates of levy based on the value of quota or annual catch entitlement, the port price of fish or aquatic life or seaweed landed, or on any other differential basis relating to commercial fishing or fish farming:
- specify that a levy is payable on the basis of the amount of fish, aquatic life, or seaweed processed or taken, or quota, annual catch entitlement, or individual catch entitlement held, during a specified period or on a specified day; or specify any other method for assessing that amount:
- prescribe a date by which, and the place at which, a levy is payable:
- prescribe different dates for the payment of different levies:
- authorise the chief executive to prescribe or provide for such matters as may be necessary or expedient to administer the collection of a levy imposed under subsection (1).
An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Notes
- Section 264: substituted, on , by section 63 of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
- Section 264(2): amended, on , by section 8 of the Fisheries Amendment Act 2004 (2004 No 6).
- Section 264(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).


