Protection of the Sea (Shipping Levy Collection) Act 1981
Act No. 35 of 1981 as amended
This compilation was prepared on 30 January 2012
taking into account amendments up to Act No. 131 of 2009
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 Interpretation
4A Application of the Criminal Code
4B Appointment of authorised person
5 Exemption in respect of ship in an Australian port by reason of an emergency etc.
6 Exempt periods in relation to foreign‑going ships
7 Time for payment of levy
8 Payments on account of levy
9 Persons liable to pay levy and amounts on account of levy
10 Recovery of levy and amounts on account of levy
11 Recovery of unpaid levy by distress
12 Detention of ship for unpaid levy
13 Regulations
Notes
An Act relating to the levy imposed in respect of certain ships in Australian ports with oil on board
This Act may be cited as the Protection of the Sea (Shipping Levy Collection) Act 1981.
This Act shall come into operation on the day on which the Protection of the Sea (Shipping Levy) Act 1981 comes into operation.
The Pollution of the Sea by Oil (Shipping Levy Collection) Act 1972 and the Pollution of the Sea by Oil (Shipping Levy Collection) Amendment Act 1979 are repealed.
(1) In this Act, unless the contrary intention appears:
Australian port means a place appointed, proclaimed or prescribed as a port under the Customs Act 1901, or under a law of a State or the Northern Territory.
authorised person means a person appointed under section 4B.
Collector means:
(a) a Collector within the meaning of the Customs Act 1901; or
(b) an authorised person.
foreign‑going ship means a ship that is engaged in making overseas voyages.
levy means levy imposed by the Levy Act.
Levy Act means the Protection of the Sea (Shipping Levy) Act 1981.
light dues means light dues payable in accordance with regulations under the Lighthouses Act 1911.
master, in relation to a ship, means the person having command or charge of the ship.
oil means any hydrocarbon oil or hydrocarbon liquid fuel, including, but without limiting the generality of the foregoing, crude oil, fuel oil, diesel oil, lubricating oil, heating oil, petrol, aviation fuel and kerosene.
oil in bulk means oil in bunkers or tanks, or in bunkers and tanks.
overseas voyage has the same meaning as in the Navigation Act 1912.
quarter means a period of 3 months commencing on 1 January, 1 April, 1 July or 1 October in any year.
ship has the same meaning as in the Navigation Act 1912.
tonnage, in relation to a ship, means the net tonnage of the ship.
Tonnage Measurement Convention has the same meaning as in Part XA of the Navigation Act 1912.
(2) Where, at any time, the net tonnage applicable to a ship has been determined otherwise than in accordance with the Tonnage Measurement Convention, then, in the application of this Act to the ship at that time, a reference in this Act to the tonnage of a ship shall be taken to be a reference to the net tonnage of the ship expressed in tons.
4A Application of the Criminal Code
Chapter 2 of the Criminal Code applies to all offences created by this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
4B Appointment of authorised person
(1) The Minister may, in writing, appoint a person to be an authorised person for the purposes of this Act.
(2) The Minister may, in writing, delegate the power of appointment under subsection (1) to an officer of the Department.
5 Exemption in respect of ship in an Australian port by reason of an emergency etc.
Levy is not payable in respect of a ship for a quarter if, at no time during the quarter, was the ship in an Australian port except for the purpose, in the course of a voyage:
(a) of taking on board water, provisions or fuel to be used by the ship for completing the voyage;
(b) of engaging or discharging a member of the crew;
(c) of disembarking a passenger or a member of the crew for urgent medical treatment; or
(d) of sheltering or undergoing repairs.
6 Exempt periods in relation to foreign‑going ships
(1) In the application of this Act and the Levy Act in relation to a foreign‑going ship in respect of a quarter, regard shall not be had to a time when the ship was in an Australian port during the period (if any) that, in accordance with subsection (2), is the exempt period in relation to the ship for the quarter.
(2) Where levy is payable in respect of a foreign‑going ship for a quarter, the exempt period in relation to the ship for the next succeeding quarter is so much of that succeeding quarter as occurs before the expiration of a period of 3 months from the earliest time during the first‑mentioned quarter when the ship was in an Australian port, other than a time by reference to which levy was not payable in respect of the ship for that quarter.
Levy in respect of a ship for a quarter becomes payable upon the expiration of the quarter.
(1) Subject to subsection (5), there is payable on the first day of a quarter, on account of levy that may become payable for that quarter in respect of a ship, being a ship to which the Levy Act applies other than a foreign‑going ship, an amount equal to the amount of levy that may become so payable.
(2) Subject to subsection (5), where:
(a) on any day in a quarter, light dues become payable in respect of a foreign‑going ship, being a ship to which the Levy Act applies; and
(b) an amount has not previously become payable under this section on account of levy that may become payable in respect of the ship for that quarter;
there is payable on that day, on account of levy that may become so payable, an amount equal to the amount of levy that may become so payable.
(3) Where:
(a) a foreign‑going ship, being a ship to which the Levy Act applies, is in an Australian port at any time during a quarter; and
(b) an amount has not previously become payable under this section on account of levy that may become payable in respect of the ship for that quarter;
a Collector may, by notice served on the master of the ship in such manner as is prescribed, require an amount to be paid on account of levy that may become so payable and, subject to subsection (5), there is payable, within such period as is specified in the notice, on account of levy that may become so payable, an amount equal to the amount of levy that may become so payable.
(4) Where an amount is paid to the Commonwealth under this section on account of levy that may become payable in respect of a ship for a quarter, the amount so paid:
(a) shall, if levy becomes payable in respect of the ship for the quarter, be deemed to be payment of the levy; or
(b) shall, if levy does not become so payable, be repaid to the master or owner of the ship.
(5) An amount is not payable under this section on account of levy in respect of a ship for a quarter if the owner or master of the ship satisfies a Collector that levy is not, and is not likely to become, payable in respect of the ship for that quarter.
9 Persons liable to pay levy and amounts on account of levy
The owner and master of a ship are jointly and severally liable to pay levy that is payable in respect of the ship or an amount that, under section 8, is payable on account of levy that may become payable in respect of the ship.
10 Recovery of levy and amounts on account of levy
(1) Levy that has become payable, or an amount that, under section 8, is payable on account of levy, is a debt due to the Commonwealth by the person or persons by whom the levy or the amount is payable.
(2) In proceedings to recover levy in respect of a ship for a quarter, it shall be presumed, unless the contrary is established by the defendant:
(a) that, at some time when the ship was in an Australian port during the quarter, there was on board the ship a quantity of oil in bulk weighing not less than 10 tonnes; and
(b) that, at no time during the quarter, was the ship in an Australian port, in the course of a voyage, only for a purpose specified in section 5.
11 Recovery of unpaid levy by distress
(1) Where levy payable in respect of a ship has not been paid, a Collector may, without prejudice to any other remedy for the recovery of the levy, enter upon the ship and distrain goods or equipment belonging to the ship, and detain them until the levy is paid.
(2) If payment of the levy is not made before the expiration of the period of 3 days after the distress, the Collector may, at any time while the levy remains unpaid, sell by public auction the goods or equipment distrained and, out of the proceeds of the sale, may, to the extent that the amount of those proceeds allows, recover the levy and all reasonable expenses incurred by him under this section.
(3) For the purposes of a sale under subsection (2), the Commonwealth shall be deemed to be the absolute owner of the goods or equipment the subject of the sale.
(4) Where, after deducting from the proceeds of the sale the amount of the levy and the expenses of the Collector, a surplus remains, the Collector shall, on demand, pay that surplus to the owner or master of the ship.
(5) A reference in this section to levy payable in respect of a ship shall be read as including a reference to an amount that, under section 8, is payable on account of levy that may become payable in respect of the ship.
12 Detention of ship for unpaid levy
(1) A ship in respect of which levy is payable may be detained by a Collector until the levy is paid.
(2) If a ship that has been detained by a Collector under subsection (1) goes to sea without having been released by the Collector, the master of the ship is guilty of an offence punishable, upon conviction, by a fine not exceeding $500.
(2A) An offence under subsection (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(3) A reference in this section to levy payable in respect of a ship shall be read as including a reference to an amount that, under section 8, is payable on account of levy that may become payable in respect of the ship.
(4) While a ship is detained under subsection (1), a person does not have the power of seizure provided for by section 123 of the Personal Property Securities Act 2009 in relation to the ship.
The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act, and, in particular, prescribing penalties not exceeding $200 for offences against the regulations.
Notes to the Protection of the Sea (Shipping Levy Collection) Act 1981
Note 1
The Protection of the Sea (Shipping Levy Collection) Act 1981 as shown in this compilation comprises Act No. 35, 1981 amended as indicated in the Tables below.
For all relevant information pertaining to application, saving or transitional provisions see Table A.
Table of Acts
Act | Number | Date | Date of commencement | Application, saving or transitional provisions |
Protection of the Sea (Shipping Levy Collection) Act 1981 | 35, 1981 | 14 Apr 1981 | 1 Oct 1982 (see s. 2 and Gazette 1982, No. S197) |
|
Protection of the Sea Legislation Amendment Act 1986 | 167, 1986 | 18 Dec 1986 | Part V (ss. 41, 42): Royal Assent (a) | — |
Transport and Regional Services Legislation Amendment (Application of Criminal Code) Act 2001 | 143, 2001 | 1 Oct 2001 | 2 Oct 2001 | S. 4 |
Protection of the Sea Legislation Amendment Act 2008 | 94, 2008 | 3 Oct 2008 | Schedule 3 (items 3–6): Royal Assent | — |
Personal Property Securities (Consequential Amendments) Act 2009 | 131, 2009 | 14 Dec 2009 | Schedule 3 (item 14): 30 Jan 2012 (see F2011L02397) | — |
(a) The Protection of the Sea (Shipping Levy Collection) Act 1981 was amended by Part V (sections 41 and 42) only of the Protection of the Sea Legislation Amendment Act 1986, subsection 2(1) of which provides as follows:
(1) Sections 1, 2, 3, 13, 16, 30, 31 and 32 and Part V shall come into operation on the day on which this Act receives the Royal Assent.
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted | |
Provision affected | How affected |
S. 4.................... | am. No. 167, 1986; No. 94, 2008 |
S. 4A................... | ad. No. 143, 2001 |
S. 4B................... | ad. No. 94, 2008 |
S. 12................... | am. No. 143, 2001; No. 131, 2009 |
Table A
Application, saving or transitional provisions
Transport and Regional Services Legislation Amendment (Application of Criminal Code) Act 2001 (No. 143, 2001)
(1) Each amendment made by this Act applies to acts and omissions that take place after the amendment commences.
(2) For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.