Protection of the Sea (Shipping Levy) Act 1981
Act No. 34 of 1981 as amended
This compilation was prepared on 5 October 2005
taking into account amendments up to Act No. 120 of 2005
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
1 Short title [see Note 1]...........................
2 Commencement [see Note 1].......................
3 Repeal.....................................
4 Incorporation of Collection Act......................
5 Imposition of levy..............................
6 Rate of levy..................................
7 Minimum amount of levy..........................
8 Application of Act..............................
9 Regulations..................................
Notes
An Act to impose a levy in respect of certain ships in Australian ports with oil on board
1 Short title [see Note 1]
This Act may be cited as the Protection of the Sea (Shipping Levy) Act 1981.
2 Commencement [see Note 1]
(1) This Act shall come into operation on a date to be fixed by Proclamation.
(2) The date fixed under subsection (1) shall not be a date other than the first day of a quarter.
3 Repeal
The Pollution of the Sea by Oil (Shipping Levy) Act 1972 is repealed.
4 Incorporation of Collection Act
The Protection of the Sea (Shipping Levy Collection) Act 1981 is incorporated in, and shall be read as one with, this Act.
5 Imposition of levy
Where, at any time during a quarter when a ship to which this Act applies was in an Australian port, there was on board the ship a quantity of oil in bulk weighing not less than 10 tonnes, levy is imposed in respect of the ship for the quarter.
6 Rate of levy
The rate of levy for a quarter is such rate per ton of the tonnage of a ship as is prescribed and is, in accordance with the regulations, applicable to the quarter.
7 Minimum amount of levy
Where, but for this section, the amount of the levy payable in respect of a ship for a quarter would be less than such amount, being an amount not exceeding $25, as is prescribed for the purposes of this section and is, in accordance with the regulations, applicable to the quarter, the amount of the levy payable in respect of the ship for the quarter is the amount so prescribed.
8 Application of Act
(1) This Act applies to a ship (including a ship that is laid up) the tonnage length of which is not less than 24 metres, but does not apply to a ship:
(a) that belongs to, or is for the time being demised or sub‑demised to or in the exclusive possession of, an arm of the Defence Force of Australia or the armed forces of a country other than Australia;
(b) that belongs to, or is for the time being demised or sub‑demised to or in the exclusive possession of, the Commonwealth or a State or Territory, or an authority of the Commonwealth or of a State or Territory, and is not engaged in trade; or
(c) the beneficial interest in which is vested in the Commonwealth or a State or Territory, or an authority of the Commonwealth or of a State or Territory, and that is not engaged in trade.
(2) The tonnage length of a ship shall be determined, for the purposes of subsection (1), in the same manner as it is determined for the purposes of the Shipping Registration Act 1981.
9 Regulations
The Governor‑General may make regulations for the purposes of sections 6 and 7.