Fisheries and Fisheries (Fees, Royalties and Levies) Amendment (Recreational Fishery Licences) Regulations 2016

Authorised by the Chief Parliamentary Counsel Authorised Version i Fisheries and Fisheries (Fees, Royalties and Levies) Amendment (Recreational Fishery Licences) Regulations 2016 S.R. No. 71/2016 TABLE OF PROVISIONS Regulation Page Part 1—Preliminary 1 1 Objectives 1 2 Authorising provisions 2 3 Commencement 2 Part 2—Amendments to the Fisheries Regulations 2009 3 4 Exemptions from requirement to hold recreational fishery licence 3 5 New regulation 67B inserted 3 6 New regulations 69AA and 69AAB inserted 4 Part 3—Amendments to the Fisheries (Fees, Royalties and Levies) Regulations 2008 5 Division 1—Fees and levies for 1 July 2016 to 30 June 2017 5 7 Fees payable for group recreational fishery licences 5 8 Levies payable for recreational fishery licences 5 Division 2—Fees and levies from 1 July 2017 6 9 Fees payable for group recreational fishery licences 6 10 Levies payable for recreational fishery licences 6 ═══════════════ Endnotes 8 -- 1 of 9 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2016 S.R. No. 71/2016 Fisheries Act 1995 Fisheries and Fisheries (Fees, Royalties and Levies) Amendment (Recreational Fishery Licences) Regulations 2016 The Governor in Council makes the following Regulations: Dated: 28 June 2016 Responsible Minister: JAALA PULFORD Minister for Agriculture ANDREW ROBINSON Clerk of the Executive Council Part 1—Preliminary 1 Objectives The objectives of these Regulations are— (a) to amend the Fisheries Regulations 2009— (i) to provide further in relation to exemptions from the requirement to hold a recreational fishery licence under the Fisheries Act 1995; and (ii) to insert offences in relation to recreational fishery licences; and -- 2 of 9 -- Part 1—Preliminary Fisheries and Fisheries (Fees, Royalties and Levies) Amendment (Recreational Fishery Licences) Regulations 2016 S.R. No. 71/2016 2 Authorised by the Chief Parliamentary Counsel (b) to amend the Fisheries (Fees, Royalties and Levies) Regulations 2008— (i) to fix fees and levies for recreational fishery licences for the period commencing 1 July 2016; and (ii) to further fix fees and levies for recreational fishery licences for the period commencing 1 July 2017 and to express those fees and levies as fee units; and (iii) to provide for reduced levies for certain recreational fishery licences. 2 Authorising provisions These Regulations are made under sections 151A and 153 of the Fisheries Act 1995. 3 Commencement (1) These Regulations, except Division 2 of Part 3, come into operation on 1 July 2016. (2) Division 2 of Part 3 of these Regulations comes into operation on 1 July 2017. -- 3 of 9 -- Part 2—Amendments to the Fisheries Regulations 2009 Fisheries and Fisheries (Fees, Royalties and Levies) Amendment (Recreational Fishery Licences) Regulations 2016 S.R. No. 71/2016 3 Authorised by the Chief Parliamentary Counsel Part 2—Amendments to the Fisheries Regulations 2009 4 Exemptions from requirement to hold recreational fishery licence (1) In the heading to regulation 66 of the Fisheries Regulations 2009 1 , for "fishing" substitute "fishery". (2) For regulation 66(2) of the Fisheries Regulations 2009 substitute— "(2) In this regulation— Senior's Card means— (a) a Victorian Senior's Card issued by the Victorian Government, other than a Senior's Business Discount Card issued by the Victorian Government; or (b) a Senior's Card issued by the Government of another State or a Territory.". 5 New regulation 67B inserted In Division 4 of the Fisheries Regulations 2009, before regulation 68 insert— "67B Definition In this Division authorised person means a person authorised by the Secretary to issue a recreational fishery licence under section 45(2) of the Act.". -- 4 of 9 -- Part 2—Amendments to the Fisheries Regulations 2009 Fisheries and Fisheries (Fees, Royalties and Levies) Amendment (Recreational Fishery Licences) Regulations 2016 S.R. No. 71/2016 4 Authorised by the Chief Parliamentary Counsel 6 New regulations 69AA and 69AAB inserted In Division 4 of Part 3 of the Fisheries Regulations 2009, after regulation 69 insert— "69AA Offence to fail to return unissued recreational fishery licences (1) The Secretary may, in writing, request an authorised person to return any unissued recreational fishery licences given to the person by the Secretary. (2) An authorised person must comply with a request under subregulation (1) within 14 days after receiving the request. Penalty: 20 penalty units. 69AAB Offence to issue recreational fishery licence with incorrect date and time An authorised person must not issue a recreational fishery licence that specifies a date or time which is before the date on which, or the time at which, the licence was issued. Penalty: 20 penalty units.". -- 5 of 9 -- Part 3—Amendments to the Fisheries (Fees, Royalties and Levies) Regulations 2008 Fisheries and Fisheries (Fees, Royalties and Levies) Amendment (Recreational Fishery Licences) Regulations 2016 S.R. No. 71/2016 5 Authorised by the Chief Parliamentary Counsel Part 3—Amendments to the Fisheries (Fees, Royalties and Levies) Regulations 2008 Division 1—Fees and levies for 1 July 2016 to 30 June 2017 7 Fees payable for group recreational fishery licences (1) In the heading to regulation 24 of the Fisheries (Fees, Royalties and Levies) Regulations 2008 2 , after "for" insert "group". (2) In regulation 24(1) of the Fisheries (Fees, Royalties and Levies) Regulations 2008 for "$24.50" substitute "$35". 8 Levies payable for recreational fishery licences (1) For regulation 25(2) of the Fisheries (Fees, Royalties and Levies) Regulations 2008 substitute— "(2) For the purposes of section 151(1) of the Act, the following levies are prescribed— (a) for a recreational fishery licence with a duration of 3 years, $95; (b) for a recreational fishery licence with a duration of 1 year, $35; (c) for a recreational fishery licence with a duration of 28 days, $20; (d) for a recreational fishery licence with a duration of 3 days, $10. -- 6 of 9 -- Part 3—Amendments to the Fisheries (Fees, Royalties and Levies) Regulations 2008 Fisheries and Fisheries (Fees, Royalties and Levies) Amendment (Recreational Fishery Licences) Regulations 2016 S.R. No. 71/2016 6 Authorised by the Chief Parliamentary Counsel (2A) Despite subregulation (2)(a) and (b), the levy prescribed for the purposes of section 151(1) of the Act for a recreational fishery licence that is applied for online through the website administered by the Department of Economic Development, Jobs, Transport and Resources is— (a) for a recreational fishery licence with a duration of 3 years, $90; (b) for a recreational fishery licence with a duration of 1 year, $33.". (2) In regulation 25(3) and (4) of the Fisheries (Fees, Royalties and Levies) Regulations 2008, for "subregulation (2)", substitute "subregulation (2) or (2A)". Division 2—Fees and levies from 1 July 2017 9 Fees payable for group recreational fishery licences In regulation 24(1) of the Fisheries (Fees, Royalties and Levies) Regulations 2008 for "$35" substitute "2·51 fee units". 10 Levies payable for recreational fishery licences (1) In regulation 25(2) of the Fisheries (Fees, Royalties and Levies) Regulations 2008— (a) in paragraph (a) for "$95" substitute "6·8 fee units"; (b) in paragraph (b) for "$35" substitute "2·51 fee units"; (c) in paragraph (c) for "$20" substitute "1·43 fee units"; (d) in paragraph (d) for "10" substitute "1 fee unit". -- 7 of 9 -- Part 3—Amendments to the Fisheries (Fees, Royalties and Levies) Regulations 2008 Fisheries and Fisheries (Fees, Royalties and Levies) Amendment (Recreational Fishery Licences) Regulations 2016 S.R. No. 71/2016 7 Authorised by the Chief Parliamentary Counsel (2) In regulation 25(2A) of the Fisheries (Fees, Royalties and Levies) Regulations 2008— (a) in paragraph (a) for "$90" substitute "6·44 fee units"; (b) in paragraph (b) for "$33" substitute "2·36 fee units". ═══════════════ -- 8 of 9 -- Endnotes Fisheries and Fisheries (Fees, Royalties and Levies) Amendment (Recreational Fishery Licences) Regulations 2016 S.R. No. 71/2016 8 Authorised by the Chief Parliamentary Counsel Endnotes 1 Reg. 4(1): S.R. No. 2/2009. Reprint No. 1 as at 11 October 2013. Reprinted to S.R. No. 18/2013. Subsequently amended by S.R. Nos 168/2013, 5/2014, 96/2014 and 10/2016. 2 Reg. 7(1): S.R. No. 4/2008. Reprint No. 1 as at 1 April 2014. Reprinted to S.R. No. 5/2014. Subsequently amended by S.R. Nos 96/2014, 12/2015 and 8/2016. —— Penalty Units These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit. The value of a penalty unit for the financial year commencing 1 July 2016 is $155.46. The amount of the calculated penalty may be rounded to the nearest dollar. The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. -- 9 of 9 --