Contents
1............ Name............................................................................................................................. 1
2............ Commencement............................................................................................................. 1
3............ Authority....................................................................................................................... 1
4............ Schedules...................................................................................................................... 1
5............ Definitions..................................................................................................................... 1
6............ Exempt ships................................................................................................................. 2
7............ Refund of levy............................................................................................................... 2
8............ Remission of levy.......................................................................................................... 3
9............ Payment of levy............................................................................................................. 4
10.......... When a ship is prevented from putting to sea................................................................ 4
Schedule 1—Repeals 5
Marine Navigation Levy Collection Regulations 1990 5
1 Name
This instrument is the Marine Navigation Levy Collection Regulations 2018.
2 Commencement
(1) Each provision of this instrument 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. The whole of this instrument | 1 October 2018. | 1 October 2018 |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under the Marine Navigation Levy Collection Act 1989.
4 Schedules
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
5 Definitions
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) Australian port;
(b) Levy Act;
(c) quarter.
In this instrument:
Act means the Marine Navigation Levy Collection Act 1989.
prevented from putting to sea: see section 10.
property of any kind belonging to a State: see subsection 6(2).
tonnage length: see subsection 6(2).
6 Exempt ships
(1) For the purposes of the definition of exempt ship in section 3 of the Act, the following are declared to be exempt ships:
(a) a ship owned or operated by a foreign country, other than a ship being used in trade or carrying goods under freight or charter;
(b) a ship belonging to the Australian Defence Force;
(c) a ship belonging to, or requisitioned or chartered by, the Commonwealth;
(d) a ship that is property of any kind belonging to a State;
(e) any other ship being used for the purposes of a State or Territory, or an authority of a State or Territory, other than a ship being used in trade or carrying goods under freight or charter;
(f) a ship only being used in fishing or searching for, or taking, sedentary organisms within the meaning of the Fisheries Management Act 1991;
(g) a ship only being used in attending upon a ship covered by paragraph (f);
(h) a ship, other than a tug, that:
(i) is only carrying ballast; and
(ii) arrives at an Australian port for a purpose not involving loading cargo or taking on passengers;
(i) a recreational vessel within the meaning of the Navigation Act 2012;
(j) a ship that is less than 24 metres in tonnage length;
(k) a ship only being used for a charitable purpose (see Part 3 of the Charities Act 2013);
(l) a ship only being used in laying or repairing submarine cables;
(m) a hospital ship, other than a ship being used in trade or carrying goods under freight or charter;
(n) a sailing ship with a tonnage (within the meaning of the Levy Act) of less than 500 tons.
(2) In this instrument:
property of any kind belonging to a State has the same meaning as in section 114 of the Constitution.
tonnage length, of a ship, means the length of the ship for the purposes of the International Convention on Load Lines, done at London on 5 April 1966, as amended and in force for Australia on 1 October 2018.
Note: The Convention is in Australian Treaty Series 1968 No. 23 ([1968] ATS 23) and could in 2018 be viewed in the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
(3) For the purposes of paragraph (1)(d), assume that a reference in section 114 of the Constitution to a State includes a reference to the Australian Capital Territory and the Northern Territory.
7 Refund of levy
(1) A Collector must refund an amount of levy, worked out under subsection (2), if:
(a) levy is paid under subsection 7(1), or paragraph 7(2)(d) or (3)(c), of the Act in respect of a ship; and
(b) the ship is prevented from putting to sea on more than 30 consecutive days; and
(c) any of those days is in the 3 month period beginning on the day the levy became payable.
(2) The amount to be refunded is worked out in accordance with the formula:
where:
A means the amount of levy paid as mentioned in paragraph (1)(a).
N means the number of days mentioned in paragraph (1)(b) that are in the 3 month period mentioned in paragraph (1)(c).
P means the number of days in the 3 month period mentioned in paragraph (1)(c).
8 Remission of levy
(1) A Collector must remit levy payable in respect of a ship for which levy has most recently been paid under subsection 7(1) of the Act if the ship is prevented from putting to sea:
(a) on the day the levy becomes payable; and
(b) on more than 30 consecutive days up to and including the day before the levy becomes payable.
(2) A Collector must remit an amount of levy, worked out under subsection (3), if:
(a) the levy is payable in respect of a ship under subsection 7(1) of the Act; and
(b) the levy becomes payable before the end of 3 months beginning on the day levy paid in respect of the ship under subsection 7(2) or (3) of the Act became payable.
(3) The amount to be remitted under subsection (2) is worked out in accordance with the formula:
where:
A means the amount of levy payable.
N means the number of days from the start of the day the levy becomes payable under subsection 7(1) of the Act to the end of the 3 month period mentioned in paragraph (2)(b).
Q means the number of days in the quarter beginning on the day the levy becomes payable.
9 Payment of levy
For the purposes of paragraph 8(4)(c) of the Act, payment of levy may be made by electronic funds transfer to a Collector.
10 When a ship is prevented from putting to sea
For the purposes of this instrument, a ship is prevented from putting to sea on a day if, at any time during that day, the ship:
(a) is moored in a harbour and not engaged in the ordinary employment of a merchant ship for hire or reward, including the loading and unloading of passengers or cargo; or
(b) is wrecked or stranded; or
(c) is laid up for repairs; or
(d) is prevented from putting to sea as a result of an industrial dispute.