Federal Register of Legislation - Australian Government

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A Bill for an Act to deal with consequential matters arising from the enactment of the Marine Safety (Domestic Commercial Vessel) Levy Act 2018, and for other purposes
Administered by: Infrastructure, Regional Development and Cities
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 28 Feb 2018
Introduced HR 28 Feb 2018
Table of contents.

2016‑2017‑2018

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

Marine Safety (Domestic Commercial Vessel) Levy (Consequential Amendments) Bill 2018

 

No.      , 2018

 

(Infrastructure and Transport)

 

 

 

A Bill for an Act to deal with consequential matters arising from the enactment of the Marine Safety (Domestic Commercial Vessel) Levy Act 2018, and for other purposes

  

  


Contents

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

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

3............ Schedules............................................................................................ 2

Schedule 1—Amendments                                                                                                3

Australian Maritime Safety Authority Act 1990                                                    3

Marine Navigation (Regulatory Functions) Levy Collection Act 1991           3

Marine Safety (Domestic Commercial Vessel) National Law Act 2012            4

 

 


A Bill for an Act to deal with consequential matters arising from the enactment of the Marine Safety (Domestic Commercial Vessel) Levy Act 2018, and for other purposes

The Parliament of Australia enacts:

1  Short title

                   This Act is the Marine Safety (Domestic Commercial Vessel) Levy (Consequential Amendments) Act 2018.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

 

2.  Schedule 1

1 July 2019.

However, the provisions do not commence at all if the Marine Safety (Domestic Commercial Vessel) Levy Act 2018 does not commence.

 

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

                   Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Amendments

  

Australian Maritime Safety Authority Act 1990

1  After paragraph 48(1)(a)

Insert:

                    (aa)  amounts received, or purportedly received, on behalf of the Commonwealth, by way of:

                              (i)  levy imposed by the Marine Safety (Domestic Commercial Vessel) Levy Act 2018; or

                             (ii)  instalments of that levy; and

2  After paragraph 48(1)(b)

Insert:

                   (ba)  amounts received, or purportedly received, on behalf of the Commonwealth, under section 13 of Marine Safety (Domestic Commercial Vessel) Levy Collection Act 2018, as advances on account of levy; and

3  At the end of subsection 48(1)

Add:

            ; and (d)  amounts of penalty received, or purportedly received, on behalf of the Commonwealth under the Marine Safety (Domestic Commercial Vessel) Levy Collection Act 2018.

4  Subsection 48(1A)

Omit “paragraph (1)(a), (b) or (c)”, substitute “paragraph (1)(a), (aa), (b), (ba), (c) or (d)”.

Marine Navigation (Regulatory Functions) Levy Collection Act 1991

5  Section 3

Insert:

leviable domestic commercial vessel has the same meaning as in the Marine Safety (Domestic Commercial Vessel) Levy Act 2018.

6  At the end of subsection 5(1)

Add “or a leviable domestic commercial vessel”.

7  Application of amendment

The amendment of subsection 5(1) of the Marine Navigation (Regulatory Functions) Levy Collection Act 1991 made by this Schedule does not apply in relation to levy that became payable before the commencement of this item.

Marine Safety (Domestic Commercial Vessel) National Law Act 2012

8  Section 6 of the Marine Safety (Domestic Commercial Vessel) National Law

Insert:

leviable domestic commercial vessel has the same meaning as in the Marine Safety (Domestic Commercial Vessel) Levy Act 2018.

levy means levy imposed by the Marine Safety (Domestic Commercial Vessel) Levy Act 2018.

9  After subsection 41(2A) of the Marine Safety (Domestic Commercial Vessel) National Law

Insert:

          (2B)  If:

                     (a)  a certificate of survey is in force for a leviable domestic commercial vessel; and

                     (b)  either:

                              (i)  an amount of levy; or

                             (ii)  an amount of instalment of levy;

                            payable in relation to the vessel remains unpaid after the time when it became due for payment;

the National Regulator may suspend the certificate.

10  At the end of section 42 of the Marine Safety (Domestic Commercial Vessel) National Law

Add:

             (3)  If:

                     (a)  a certificate of survey is in force for a leviable domestic commercial vessel; and

                     (b)  either:

                              (i)  an amount of levy; or

                             (ii)  an amount of instalment of levy;

                            payable in relation to the vessel remains unpaid after the time when it became due for payment;

the National Regulator may revoke the certificate.

11  Subsection 72(2) of the Marine Safety (Domestic Commercial Vessel) National Law

After “41(2A),”, insert “41(2B),”.

12  After subsection 101(1) of the Marine Safety (Domestic Commercial Vessel) National Law

Insert:

          (1A)  If:

                     (a)  an amount of levy; or

                     (b)  an amount of instalment of levy;

payable in relation to a leviable domestic commercial vessel remains unpaid after the time when it became due for payment:

                     (c)  a marine safety inspector may detain the vessel and bring it, or cause it to be brought, to:

                              (i)  a port; or

                             (ii)  another place that he or she considers appropriate; and

                     (d)  the vessel is to be released from detention when the amount is paid.

13  Subsection 101(2) of the Marine Safety (Domestic Commercial Vessel) National Law

After “(1)”, insert “or (1A)”.

14  Paragraph 101(6)(a) of the Marine Safety (Domestic Commercial Vessel) National Law

After “(1)”, insert “or (1A)”.

15  Subparagraph 139(1)(g)(i) of the Marine Safety (Domestic Commercial Vessel) National Law

Omit “41(2) or (2A)”, substitute “41(2), (2A) or (2B)”.

16  Subparagraph 139(1)(i)(i) of the Marine Safety (Domestic Commercial Vessel) National Law

After “42(2)”, insert “or (3)”.

17  Paragraph 139(2)(a) of the Marine Safety (Domestic Commercial Vessel) National Law

After “101(1)”, insert “or (1A)”.