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This determination sets out the fees that the Australian Maritime Safety Authority (AMSA) charges for its services, the way in which the fees are worked out and how they are to be paid.
Administered by: Infrastructure, Transport, Cities and Regional Development
Registered 23 Sep 2015
Tabling HistoryDate
Tabled HR12-Oct-2015
Tabled Senate12-Oct-2015
Table of contents.

I, Michael Kinley, Chief Executive Officer of the Australian Maritime Safety Authority, make this instrument under subsection 47(1) of the Australian Maritime Safety Authority Act 1990.

21 September 2015

Michael Kinley
Chief Executive Officer



 

1         Name of instrument............................................................................................. 3

2         Commencement.................................................................................................. 3

3         Repeal............................................................................................................... 3

4         Definitions.......................................................................................................... 3

5         Liability for charge.............................................................................................. 3

6         Amount of charge............................................................................................... 3

7         Hourly rate.......................................................................................................... 4

8         Estimates........................................................................................................... 4

9         Charge for waiting time....................................................................................... 4

10       Charge for travel to location of service................................................................ 4

11       When charges payable........................................................................................ 5

12       Payment in advance............................................................................................ 5

13       Penalty interest on overdue charges.................................................................... 5

Schedule 1       Services and charges........................................................................ 5



1          Name of instrument

                 This instrument is the Australian Maritime Safety Authority Fees Determination 2015.

2          Commencement

                 This instrument commences on 1 October 2015.

3          Repeal

                 Determination fixing charges, No 1 of 2011 is repealed.

4          Definitions

                 In this instrument:

AMSA means the Australian Maritime Safety Authority.

AMSA office means the nearest office of AMSA at which an AMSA inspector is stationed.

GMDSS means Global Marine Distress and Safety System.

inspector means a person appointed as an inspector under subsection 254(1) of the Navigation Act 2012.

officer means an employee of AMSA or a person engaged by AMSA to perform a service, including an inspector.

regulations or Marine Orders means regulations or orders made under the Navigation Act 2012 or the Protection of the Sea (Prevention of Pollution from Ships) Act 1983.

5          Liability for charge

        (1)     A person is liable to pay a charge to AMSA if:

(a)   the person asks AMSA to perform a service; or

(b)   AMSA performs a service for the person’s benefit.

        (2)     The master, owner or agent of a vessel is taken to be the person for whose benefit an inspection or survey is performed to determine whether:

(a)   the vessel is seaworthy or substandard; or

(b)   equipment or cargo complies with the regulations or Marine Orders.

6          Amount of charge

        (1)     The amount of charge payable for a service is:

(a)   either:

             (i)  the amount mentioned for the service in an item in Schedule 1; or

            (ii)  if the service is not mentioned in Schedule 1 — the hourly rate mentioned in section 7; and

(b)   any of the following that apply to the service:

             (i)  the charge for waiting time mentioned in section 9;

            (ii)  the charge for travel to and from the location of service mentioned in section 10;

           (iii)  any other reasonable expense incurred in the provision of the service, including transport, use of vehicle and accommodation away from an AMSA office.

        (2)     If a request for a service is cancelled, the charge is payable in accordance with subsection (1) for work done up to the time of cancellation.

7          Hourly rate

                 The hourly rate for services provided by an inspector or equivalent AMSA officer is:

(a)   $272 for each hour, calculated for each half hour or remaining part of a half hour; or

(b)   for a service that takes less than 30 minutes — the fixed amount of $136.

8          Estimates

        (1)     If the hourly rate is payable, the person requesting the service may, before the service starts, ask for an estimate of the total charge for the service.

        (2)     AMSA may, with the person’s agreement, charge the hourly rate to assess the complexity of the service if AMSA considers that is necessary for AMSA to give a reasonably accurate estimate of charge for the service because of its complexity.

9          Charge for waiting time

                 The charge for waiting time is the hourly rate calculated for each 6 minutes of the total time, or remaining part of 6 minutes, that an officer has to wait in any of the following circumstances:

(a)   the officer is available where and when the service is to be performed, but has to wait before performing the service for more than half an hour for a reason outside the control of the officer;

(b)   the service is interrupted, 1 or more times, for a reason outside the control of the officer and the officer is unable to perform the service for a total period of at least half an hour;

(c)   the officer has performed the service and has to wait for at least half an hour at the place where the service was performed.

10        Charge for travel to location of service

        (1)     The charge payable for an officer who travels to perform a service at a location other than where the officer is normally stationed is the sum of:

(a)   the hourly rate for the time taken for travelling, including any travel to and from a vessel that is not alongside a berth; and

(b)   the costs AMSA reasonably incurs for the travel; and

(c)   for travel more than 25 km from an AMSA office — the charge per kilometre specified for the financial year by the Australian Taxation Office for business use of the vehicle used.

        (2)     If more than 1 service is performed during a visit, the charge mentioned in subsection (1) is payable only once for all the services.

11        When charges payable

        (1)     AMSA may issue an invoice to, or request payment from, a person who is liable to pay a charge.

        (2)     A charge is payable:

(a)   when AMSA makes the request; or

(b)   within 14 days, or another period specified by AMSA, after the invoice is issued.

12        Payment in advance

        (1)     If the charge for the service is not the hourly rate, AMSA may request payment before the service is performed.

        (2)     If the charge for the service is the hourly rate, AMSA may request payment, on agreement with the person requesting the service, on completion of agreed proportions of the estimated total hours needed to complete the service.

13        Penalty interest on overdue charges

        (1)     Interest is payable for any balance of charge not paid in accordance with section 11.

        (2)     The interest rate is compounded at 1.5% for each month or remaining part of a month for which the amount is unpaid.


Schedule 1       Services and charges

(subparagraph 6(1)(a)(i))

Item

Service

Charge

 

Vessel design and performance — tonnage measurements and loadline

 

1.1

Provision of copies of tonnage measurement calculations

hourly rate

1.2

Inspections and certification for tonnage measurements and loadline

hourly rate

 

Inspections of vessels and equipment

 

2.1

Loading and unloading equipment

 

 

Approvals and exemptions for a vessel, materials handling equipment or loading or unloading arrangements for a vessel, and, for second and subsequent visits, inspections of vessels, equipment or arrangements for these matters

hourly rate

2.2

Ship survey and certification

 

 

Survey for initial issue or reissue of a certificate

hourly rate

2.3

Port state and flag state control inspections

 

 

Follow-up visits to re-inspect deficiencies identified at initial inspections

hourly rate

2.4

Other surveys or inspections of vessels and equipment

 

 

Services or inspections of vessels and equipment not mentioned in items 2.1 to 2.3

hourly rate

 

Other inspections

 

3.1

Grain loading

 

 

Visits to vessels or loading facilities for inspections to ensure safe loading and stowage of grain

hourly rate

3.2

Solid bulk cargoes

 

 

Inspections, determinations, approvals and exemptions for solid bulk cargoes

hourly rate

3.3

Dangerous goods

 

 

Inspections, determinations, approvals and exemptions for dangerous goods

hourly rate

3.4

Livestock

 

 

Inspections, certificates, approvals and exemptions for transportation of livestock, including inspections and services for issue or endorsement of an Australian Certificate for the Carriage of Livestock

hourly rate

3.5

Containers

 

 

Inspections and approvals of containers for authorisation to load or unload where container is unsafe or overloaded or lacking a valid safety certificate plate or after expiry of the examination date

hourly rate

3.6

Miscellaneous inspections

 

 

All inspections not mentioned in items 2.1 to 3.5 that are compulsory, requested by the recipient or follow-up inspections to confirm corrective action

hourly rate

 

Determinations, declarations, exemptions and approvals

 

4.1

Processing application for determination (other than a manning level determination), declaration, exemption or approval under Navigation Act 2012

Note   For declarations under the Act — see section 17, 19, 25 and 26.

hourly rate

4.2

Processing application for exemption of vessel from coastal pilotage requirements

hourly rate

4.3

Processing application for exemption of seafarer from coastal pilotage requirements for exempt vessel

$136

 

Services relating to manning levels

 

5.1

Processing application for determination of manning levels

$1 088

5.2

Processing application for review of existing approved manning levels

$544

 

Services relating to the international safety management code

 

6.1

Processing application for document of compliance or safety management certificate, including conduct of initial audit or for reinstatement of document or certificate

hourly rate

6.2

Scheduled periodic compliance audit relating to continuation of document of compliance or safety management certificate

hourly rate

 

Services to pilotage providers

 

7.1

Processing application for licence as provider of coastal pilotage services or for reinstatement of licence as provider of coastal pilotage services

hourly rate

7.2

Scheduled compliance audit of accredited provider of coastal pilotage services

hourly rate

 

Services to seafarers and pilots

 

 

            Examinations and assessments

 

8.1.1

Assessment of sea service for applicant for:

(a)   an AMSA certificate of competency as master, deck officer or engineer; or

(b)  an AMSA certificate of recognition of a certificate of competency as master, deck officer or engineer

$168

8.1.2

Oral examination for certificate of competency — STCW 78 (as amended) unlimited

$544

8.1.3

Computer-based examination for certificate of competency

$220

8.1.4

Assessment of marine qualifications for immigration purposes

$472

8.1.5

Undertaking a psychometric assessment

Cost of external provider

 

            Certificates for seafarers and pilots

 

8.2.1

Processing application for initial issue of certificate of competency or proficiency

$190

8.2.2

Processing application for initial issue of certificate of recognition of competency or proficiency or certificate of equivalence

$190

8.2.3

Processing application for revalidation of certificate of competency or certificate of recognition or proficiency or certificate of equivalence

$136

 

8.2.4

Processing of application for endorsements to active certificate of competency

$112

8.2.5

Processing of application for initial issue of, or revalidation of, GMDSS competency certificate or certificate of recognition of GMDSS certificate

$112

8.2.6

Processing of application for issue of initial coastal pilot’s licence or reissue of coastal pilot’s licence

$150

8.2.7

Written examination of theory or charts for coastal pilot’s licence — standard examination

$544

8.2.8

Written examination of charts for coastal Pilot’s licence — Whitsundays

$816

8.2.9

Oral examination for check pilot licence

$816

8.2.10

Processing application for issue of compass adjuster licence

$190

8.2.11

Processing application for issue of certificate of safety training

$112

8.2.12

Processing application for issue of certificate of proficiency as Marine Cook

$112

8.2.13

Additional charge for transmission of documents other than by regular mail, such as fax, email or registered mail:

(a)   within Australia

(b)  outside Australia

 

 

$40

$80

 

Services to registered training organisations

 

9.1

Processing application by training organisation for approval of training course

hourly rate

9.2

Scheduled periodic compliance audit of approved courses provided by registered training organisation

hourly rate

 

Registration of ships (Shipping Registration Act 1981)

 

 

            Applications for registration or re-registration

 

10.1.1

Processing application for registration of ship required to be registered by the Shipping Registration Act 1981

$2 664

10.1.2

Processing application for registration of ship, other than Australian-owned ship, on demise charter to an Australian based operator

$3 996

10.1.3

Processing application for registration of ship permitted to be registered by Shipping Registration Act 1981, other than foreign-owned ship on demise charter to an Australian-based operator

$1 554

 

            Transfer or transmission of ownership

 

10.2.1

Processing documents for registration of transfer, transmission of ownership, for ship required by Shipping Registration Act 1981 to be registered

$777

10.2.2

Processing documents for registration of transfer, transmission of ownership, for ship on demise charter to Australian based operator other than an Australian-owned ship

$1 332

10.2.3

Processing documents for registration of transfer, transmission of ownership, for ship permitted by Shipping Registration Act 1981 to be registered, other than foreign-owned ship on demise charter to an Australian-based operator

$444

 

            Grant of certificates

 

10.3.1

Processing application for grant of provisional registration certificate or new registration certificate under section 21 of Shipping Registration Act 1981

$222

10.3.2

Processing application for grant of provisional registration certificate under section 22 or 22A of Shipping Registration Act 1981

$333

10.3.3

Processing application for extension of period of currency of provisional certificate

$222

10.3.4

Processing application for grant of temporary pass

$333

10.3.5

Processing application for grant of certificate of entitlement to fly Australian national flag or red ensign

$222

10.3.6

Supply deletion certificate

$111

 

            Administrative services

 

10.4.1

Processing application for exemption from registration

$666

10.4.2

Processing request for change of name of registered ship

$111

10.4.3

Processing request for change of home port of registered ship

$111

10.4.4

Processing request for extension of time for lodging documents

$167

10.4.5

Additional charge for transmission of documents other than by regular mail, such as fax, email or registered mail:

(a)   within Australia

(b)  outside Australia

 

 

$40

$80

 

            Inspections and searches

 

10.5.1

Search by staff of Australian Shipping Registration Office of register — for each period of 15 minutes or remaining part of 15 minutes

$55.50

 

10.5.2

Supply of certified extract of Register or of document forming part of or associated with Register

$75

10.5.3

Supply of certified copy of Register entry

$40

10.5.4

Supply of certified copy of documents forming part of or associated with Register — for each page

$21

 

            Caveats

 

10.6.1

Processing of the lodgement of a caveat

$222

 

            Services relating to a continuous synopsis record

 

10.7.1

Application for continuous synopsis record

$555

10.7.2

Reissue of continuous synopsis record

$170

10.7.3

Amendments to continuous synopsis record

$390

 

Services to providers of vessel traffic services

 

11.1

Processing application for authorisation to provide vessel traffic services

hourly rate

11.2

Conduct scheduled periodic compliance audit of provider of authorised vessel traffic services

hourly rate

 

Other services

 

12.1

Any service not elsewhere listed in this determination

hourly rate

Note   The Treasurer has exempted the following from the goods and services tax (GST):

(a)     charges for approvals and inspections of cargoes, containers, vessels and related equipment, as required by safety standards;

(b)     charges for examinations, licences, certificates and approvals relating to seafarers, as required by safety standards;

(c)     charges for other approvals, licences, certificates, exemptions and declarations required by safety standards;

(d)     charges for registration of ships.

Accordingly, the charges for specific services mentioned in this Determination exclude GST. Some miscellaneous services will fall outside the exemption and will therefore be subject to GST. If so, GST will be added to any charges calculated in accordance with this Determination, taking the GST-inclusive hourly rate of charge to $299.20.


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.