Fisheries Act 1996

Miscellaneous provisions

305: Application of Commodity Levies Act 1990

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"How a special law about fees on fish and seafood applies"

Illustration for Fisheries Act 1996

The Commodity Levies Act 1990 applies to fish, aquatic life, and seaweed. You need to know how this Act works with the Fisheries Act 1996. The Minister checks if the ballot paper clearly describes the proposal. The Commodity Levies Act 1990 has rules about levies on commodities like fish. You can find these rules in the Commodity Levies Act 1990. The Minister looks at the ballot paper to see if it meets the requirements. The Minister checks if the supporters of the levy held or landed more than half of the commodity. This can be measured in different ways, such as quota shares or the value of the commodity. You can read more about this in section 5(2)(af), and (ah) to (ak) of the Commodity Levies Act 1990. The levy can be spent on enhancing fisheries resources, as stated in section 10(2) of the Commodity Levies Act 1990. This means the money collected from the levy can be used to improve the fisheries. You can learn more about the Commodity Levies Act 1990 and how it applies to fisheries.

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Part 16Miscellaneous provisions

305Application of Commodity Levies Act 1990

  1. Notwithstanding anything in the Commodity Levies Act 1990, that Act shall apply to any fish, aquatic life, or seaweed, and any other commodity (as defined in that Act) to which this Act applies with the following modifications:

  2. it shall be sufficient compliance with section 5(2)(ac) of that Act if the ballot paper described the proposal clearly, specifying in relation to it all the matters required by section 6(1) of that Act to be specified in a levy order, and the Minister is satisfied that the ballot paper indicated that the imposition of the levy was proposed to be on the basis of 1 or more of the following:
    1. quota shares in respect of the commodity:
      1. the landed value of the commodity:
        1. the greenweight or meatweight of the commodity:
        2. if it is proposed that the levy will be imposed on the basis of 2 or more of the units of measurement in paragraphs (a)(i) to (iii), the Minister may approve the conversion of 1 or more of those units into another unit, being one of the units in paragraph (a)(i) to (iii) or another unit, if—
          1. the Minister is satisfied that it is reasonable to convert to another unit of measurement; and
            1. the Minister is satisfied that the method of conversion is reasonable; and
              1. the method of conversion is stated in the ballot paper:
              2. section 5(2)(af), and (ah) to (ak) of that Act is complied with if the Minister is satisfied that, during any period before the support referendum that the Minister thinks fit, supporters held or landed (as the case may be) more than half of whichever of the following is specified in the ballot paper:
                1. the quota shares:
                  1. the value of the commodity:
                    1. the greenweight or meatweight of the commodity:
                      1. 1 or more units of measurement in paragraphs (i) to (iii) converted into another unit of measurement under paragraph (aa).
                      2. the enhancement of fisheries resources shall be a purpose for which a levy may be spent under section 10(2) of that Act.
                        Notes
                        • Section 305(a): amended, on , by section 69 of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
                        • Section 305(aa): inserted, on , by section 26 of the Fisheries (Remedial Issues) Amendment Act 2001 (2001 No 33).
                        • Section 305(b): substituted, on , by section 26 of the Fisheries (Remedial Issues) Amendment Act 2001 (2001 No 33).