Marine Navigation Levy Act 1989

No. 161, 1989 as amended

Compilation start date:  1 July 2013

Includes amendments up to: Act No. 129, 2012

About this compilation

The compiled Act

This is a compilation of the Marine Navigation Levy Act 1989 as amended and in force on 1 July 2013. It includes any amendment affecting the compiled Act to that date.

This compilation was prepared on 1 July 2013.

The notes at the end of this compilation (the endnotes) include information about amending Acts and instruments and the amendment history of each amended provision.

Uncommenced provisions and amendments

If a provision of the compiled Act is affected by an uncommenced amendment, the text of the uncommenced amendment is set out in the endnotes.

Application, saving and transitional provisions for amendments

If the operation of an amendment is affected by an application, saving or transitional provision, the provision is identified in the endnotes.

Modifications

If a provision of the compiled Act is affected by a textual modification that is in force, the text of the modifying provision is set out in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled Act has expired or otherwise ceased to have effect in accordance with a provision of the Act, details of the provision are set out in the endnotes.

Contents

1 Short title

2 Commencement

3 Definitions

4 Interpretation

5 Application to Crown

6 Imposition of levy

7 Amount of levy

8 Regulations

Endnotes

Endnote 1—Legislation history

Endnote 2—Amendment history

Endnote 3—Uncommenced amendments [none]

Endnote 4—Misdescribed amendments [none]

An Act to impose a levy on certain sea‑going ships, and for related purposes

1  Short title

  This Act may be cited as the Marine Navigation Levy Act 1989.

2  Commencement

 (1) Subject to subsection (2), this Act commences on a day to be fixed by Proclamation.

 (2) If this Act does not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences:

 (a) if the first day after the end of that period is the first day of a quarter—on that day; or

 (b) in any other case—on the first day of the quarter next following the end of that period.

3  Definitions

  In this Act:

Collection Act means the Marine Navigation Levy Collection Act 1989.

ton means a whole ton.

tonnage, in relation to a ship, means:

 (a) where the net tonnage of the ship has been determined by a method consistent with the provisions of the International Convention on Tonnage Measurement of Ships, 1969—the net tonnage so determined; or

 (b) in any other case—the net registered tonnage of the ship.

Note: The text of the Convention is set out in Australian Treaty Series 1982 No. 15 ([1982] ATS 15). In 2012, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).

4  Interpretation

  In this Act, expressions have the same meaning as in the Collection Act.

5  Application to Crown

  This Act binds the Crown in right of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island.

6  Imposition of levy

  Levy payable in respect of a sea‑going ship in accordance with the Collection Act is imposed.

7  Amount of levy

 (1) Where levy is payable in respect of a ship, the amount of levy is the amount, or the total of the amounts, worked out using whichever of the levy rates apply to the ship.

 (2) For the purposes of this Act, each of the following rates is a levy rate in relation to a ship:

 (a) 63 cents, or such other amount (if any) as is from time to time prescribed, for each of the first 5,000 tons of the ship’s tonnage;

 (b) 53 cents, or such other amount (if any) as is from time to time prescribed, for each ton by which the ship’s tonnage is more than 5,000 tons but not more than 20,000 tons;

 (c) 43 cents, or such other amount (if any) as is from time to time prescribed, for each ton by which the ship’s tonnage is more than 20,000 tons but not more than 50,000 tons;

 (d) 33 cents, or such other amount (if any) as is from time to time prescribed, for each ton by which the ship’s tonnage is more than 50,000 tons.

8  Regulations

 (1) The Governor‑General may make regulations for the purposes of subsection 7(2).

 (2) The regulations must not prescribe an amount for the purposes of paragraph 7(2)(a), (b), (c) or (d) that increases the amount applicable under that paragraph by more than 15% in any period of 12 consecutive months.

Endnotes

Endnote 1—Legislation history

This endnote sets out details of the legislation history of the Marine Navigation Levy Act 1989.

Endnote 2—Amendment history

This endnote sets out the amendment history of the Marine Navigation Levy Act 1989.

Endnote 3—Uncommenced amendments [none]

There are no uncommenced amendments.

Endnote 4—Misdescribed amendments [none]

There are no misdescribed amendments.