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Act No. 41 of 1991 as amended, taking into account amendments up to Norfolk Island Legislation Amendment Act 2015
An Act to provide for the collection of the levy imposed by the Marine Navigation (Regulatory Functions) Levy Act 1991, and for related purposes
Administered by: Infrastructure, Transport, Cities and Regional Development
Registered 20 Jul 2016
Start Date 01 Jul 2016
Table of contents.

Marine Navigation (Regulatory Functions) Levy Collection Act 1991

No. 41, 1991

Compilation No. 6

Compilation date:                              1 July 2016

Includes amendments up to:            Act No. 59, 2015

Registered:                                         20 July 2016

 

 

 

 

 

 

 

 

 

 

About this compilation

This compilation

This is a compilation of the Marine Navigation (Regulatory Functions) Levy Collection Act 1991 that shows the text of the law as amended and in force on 1 July 2016 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Definitions.......................................................................................... 1

4............ Application to Crown.......................................................................... 2

5............ Liability to levy................................................................................... 2

6............ When is levy payable?......................................................................... 3

7............ To whom is levy payable?................................................................... 4

8............ Recovery of levy................................................................................. 4

9............ Detention of a ship.............................................................................. 5

10.......... Right of agent etc. who has paid levy.................................................. 5

11.......... Regulations......................................................................................... 5

12.......... Consequential amendments of other Acts........................................... 5

Schedule—Consequential amendments of other Acts                                     6

Australian Maritime Safety Authority Act 1990                                                    6

Marine Navigation Levy Collection Act 1989                                                       6

Endnotes                                                                                                                                      8

Endnote 1—About the endnotes                                                                              8

Endnote 2—Abbreviation key                                                                                10

Endnote 3—Legislation history                                                                             11

Endnote 4—Amendment history                                                                           12

 


An Act to provide for the collection of the levy imposed by the Marine Navigation (Regulatory Functions) Levy Act 1991, and for related purposes

1  Short title

                   This Act may be cited as the Marine Navigation (Regulatory Functions) Levy Collection Act 1991.

2  Commencement

                   This Act commences on 1 July 1991.

3  Definitions

                   In this Act, unless the contrary intention appears:

Australian International Shipping Register has the same meaning as in the Shipping Registration Act 1981.

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 5 of the Marine Navigation Levy Collection Act 1989.

Collector means:

                     (a)  a Collector within the meaning of the Customs Act 1901; or

                     (b)  an authorised person.

exempt ship means a ship declared to be an exempt ship by regulations made under the Marine Navigation Levy Collection Act 1989.

home port, in relation to a ship, means an Australian port notified by the ship’s owner or agent as the ship’s home port in a written notice to a Collector at that Australian port.

levy means the levy payable in accordance with this Act and imposed by the Levy Act.

Levy Act means the Marine Navigation (Regulatory Functions) Levy Act 1991.

officer of Customs has the same meaning as in the Customs Act 1901.

quarter means a period of 3 months commencing on 1 January, 1 April, 1 July or 1 October in any year.

sea‑going ship means:

                     (a)  a ship which, in the course of a voyage to or from an Australian port, passes an AMSA aid to navigation (as defined in the Navigation Act 2012); or

                     (b)  a ship that is registered in the Australian International Shipping Register.

ship includes every description of vessel used in navigation not ordinarily propelled by oars only.

4  Application to Crown

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

5  Liability to levy

             (1)  Levy is payable in respect of a sea‑going ship, other than an exempt ship.

             (2)  The following persons are jointly and separately liable to pay any levy that is payable in respect of a ship:

                     (a)  the ship’s owner;

                     (b)  the ship’s master;

                     (c)  an agent or consignee of the ship who has paid, or is liable to pay, any charge on account of the ship.

6  When is levy payable?

             (1)  Levy in respect of a ship which trades solely between Australian ports (other than a ship to which subsection (2) applies) is payable on the first day of each quarter.

             (2)  Levy in respect of a ship that:

                     (a)  is being first placed in commission after construction in an Australian port; or

                     (b)  is usually employed or moored within the limits of an Australian port; or

                     (c)  is an exempt ship on arrival at an Australian port and stops being an exempt ship while in that port; or

                     (d)  is placed in commission at an Australian port, or is to be sent to sea from that port, after a period in respect of which levy was remitted under the regulations;

is payable on the day the ship leaves that port.

             (3)  Levy in respect of a ship (other than a ship to which subsection (1), (2) or (4A) applies) is payable:

                     (a)  where levy has not previously been paid in respect of the ship—on the day of its arrival at an Australian port; or

                     (b)  where the ship arrives at an Australian port 3 months or more after the day on which levy was last payable in respect of the ship—on the day of its arrival at that port; or

                     (c)  where the ship is in an Australian port on the day after the end of the period of 3 months after the day on which levy was last payable in respect of the ship—on the first‑mentioned day.

             (4)  Levy is not payable in respect of a ship under subsection (3) merely because the ship arrives at, or is in, an Australian port:

                     (a)  to take aboard water, provisions or fuel to be used by it for completing a voyage; or

                     (b)  to engage or discharge a member of the crew; or

                     (c)  to disembark a passenger or a member of the crew for medical treatment; or

                     (d)  for shelter, repairs or refitting.

          (4A)  Levy in respect of a ship that is registered in the Australian International Shipping Register is payable on the first day of each quarter.

             (5)  Levy is not payable in respect of a ship more than 4 times in any period of 12 consecutive months.

7  To whom is levy payable?

             (1)  Levy payable under subsection 6(1) must be paid:

                     (a)  to a Collector at the ship’s home port; or

                     (b)  to a Collector at such other Australian port as the owner or agent of the ship has specified in a written notice given, before the day on which the levy is payable, to a Collector at the ship’s home port.

             (2)  Levy payable under subsection 6(2) must be paid:

                     (a)  to a Collector at the Australian port referred to in that subsection; or

                     (b)  to a Collector at such other Australian port as the owner or agent of the ship has specified in a written notice given, before the day on which the levy is payable, to the Collector at that port.

             (3)  Levy payable under subsection 6(3) must be paid to a Collector at the Australian port referred to in that subsection.

             (4)  The payment of levy may be made:

                     (a)  personally; or

                     (b)  by post addressed to the Collector; or

                     (c)  as otherwise prescribed.

8  Recovery of levy

                   Levy payable in respect of a ship may be recovered in any court of summary jurisdiction by proceedings in the name of a Collector.

9  Detention of a ship

             (1)  Any ship in respect of which levy is payable may be detained by any officer of Customs at any Australian port until the levy is paid.

             (2)  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.

10  Right of agent etc. who has paid levy

                   The agent or consignee of a ship who has paid an amount of levy in respect of the ship may, out of any money received on account of the ship, or belonging to the owner of it, retain an amount that is not more than the amount of levy so paid.

11  Regulations

             (1)  The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.

             (2)  Without limiting subsection (1), the regulations may provide for the refund or remission (in whole or in part) of an amount of levy paid or payable in respect of a ship in such circumstances as are specified in the regulations.

12  Consequential amendments of other Acts

                   The Acts specified in the Schedule are amended as set out in the Schedule.


ScheduleConsequential amendments of other Acts

Section 12

  

Australian Maritime Safety Authority Act 1990

Subsection 48(1):

After “Marine Navigation Levy Act 1989”, insert “, the Marine Navigation (Regulatory Functions) Levy Act 1991”.

Marine Navigation Levy Collection Act 1989

Section 8:

Repeal the section, substitute:

8  To whom levy is payable

             (1)  Levy payable under subsection 7(1) must be paid:

                     (a)  to a Collector at the ship’s home port; or

                     (b)  to a Collector at such other Australian port as the owner or agent of the ship has specified in a written notice given, before the day on which the levy is payable, to a Collector at the ship’s home port.

             (2)  Levy payable under subsection 7(2) must be paid:

                     (a)  to a Collector at the Australian port referred to in that subsection; or

                     (b)  to a Collector at such other Australian port as the owner or agent of the ship has specified in a written notice given, before the day on which the levy is payable, to the Collector at that port.

             (3)  Levy payable under subsection 7(3) must be paid to a Collector at the Australian port referred to in that subsection.

             (4)  The payment of levy may be made:

                     (a)  personally; or

                     (b)  by post addressed to the Collector; or

                     (c)  as otherwise prescribed.


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Marine Navigation (Regulatory Functions) Levy Collection Act 1991

41, 1991

27 Mar 1991

1 July 1991

 

Protection of the Sea Legislation Amendment Act 2008

94, 2008

3 Oct 2008

Schedule 3 (item 2): Royal Assent

Personal Property Securities (Consequential Amendments) Act 2009

131, 2009

14 Dec 2009

Schedule 3 (items 4, 5): 30 Jan 2012 (see F2011L02397)

Shipping Registration Amendment (Australian International Shipping Register) Act 2012

54, 2012

21 June 2012

Schedule 4 (items 2–5): 1 July 2012

Navigation (Consequential Amendments) Act 2012

129, 2012

13 Sept 2012

Schedule 2 (items 24–26): 1 July 2013 (see s. 2(1))

Norfolk Island Legislation Amendment Act 2015

59, 2015

26 May 2015

Sch 2 (item 247): 1 July 2016 (s 2(1) item 5)
Sch 2 (items 356­–396): 18 June 2015 (s 2(1) item 6)

Sch 2 (items 356–396)

as amended by

 

 

 

 

Territories Legislation Amendment Act 2016

33, 2016

23 Mar 2016

Sch 2: 24 Mar 2016 (s 2(1) item 2)

 

Endnote 4—Amendment history

 

Provision affected

How affected

s. 3.......................................

am. No. 94, 2008; Nos. 54 and 129, 2012

s 4........................................

am No 59, 2015

s. 6.......................................

am. No. 54, 2012

s. 9.......................................

am. No. 131, 2009