Australian Maritime Safety Authority Determination Fixing Charges (No. 1 of 2011) (Cth)
AUSTRALIAN MARITIME SAFETY AUTHORITY
DETERMINATION FIXING CHARGES, No 1 of 2011
I, Graham Andrew Peachey, Chief Executive Officer, on behalf of the Australian Maritime Safety Authority, make this Determination under Section 47(1) of the Australian Maritime Safety Authority Act 1990 having effect from 4 July 2011.
Dated 15 June 2011
Graham Peachey
Chief Executive Officer
INTERPRETATION
“Authority” means the Australian Maritime Safety Authority;
“Charge” means a fee or charge in accordance with s.46 of the Australian Maritime Safety Authority 1990.
“GMDSS” means Global Marine Distress and Safety System
“Office of the Authority” means the nearest office of the Authority at which an AMSA Marine Surveyor is stationed;
“Officer” means an employee of the Authority or a person engaged by the Authority to perform a service and includes a surveyor appointed under section 190 of the Navigation Act 1912.
“Regulations or Marine Orders” means Regulations or orders made under the Navigation Act 1912 or the Protection of the Sea (Prevention of Pollution from Ships) Act 1983;
DATE OF EFFECT
This Determination shall come into effect on 4 July 2011.
FEES OR CHARGES FOR THE IMPLEMENTATION OF REGULATORY AND OTHER SAFETY FUNCTIONS AND FOR THE SHIPPING REGISTRATION OFFICE
Payment of Charges
A Charge is payable by the person requesting the Authority to perform a service, or, where there is no request, by the person for whose benefit the service is performed.
For the purposes of paragraph 1, in the case of an inspection or survey to determine whether a ship is seaworthy or substandard, or equipment or cargo complies with a provision of the Regulations or Marine Orders, then the master, owner or agent is deemed to be the person for whose benefit these services are performed.
Charges are Payable
The fee or charge specified or referred to in column 2 of an item in the Schedule is payable in respect of the service specified opposite thereto in Column 1 of that item, by or on behalf of the person specified in paragraph 1 of this Determination.
Variable Charges
Where a service is requested by a person and that service is not listed in Schedule 1, then the Charge for that service shall be determined on the basis of the hourly rate of charge, plus other expenses incurred in relation to the provision of that service, such as for transport, use of vehicle and accommodation away from an Office of the Authority.
Hourly Rate
Where an amount payable to the Authority for provision of a service is calculated in accordance with the hourly rate of charge, that rate shall be the sum of $215 per hour for services provided by a Marine Surveyor or equivalent AMSA Officer, calculated on the basis of each fully or partially completed half-hour. A minimum charge of $110 will be applied for all services charged on the basis of the hourly rate.
Where a service is provided on the basis of the hourly rate of charge, the Charge payable for that service will be increased by an amount that reflects reasonable expenses (apart from travelling time, travelling costs and waiting time that are covered by the additional charges specified in paragraphs 9, 11, 12, and 13 of this Determination) that have been, or are expected to be, incurred by the Authority in providing the service in question.
Where a Charge payable in relation to a requested service is based on the hourly rate of charge, the person requesting the service may, prior to the commencement of the service, request an estimate of the total Charge expected to be applicable for the service in question.
Where a service is requested by a person and the Charge is to be determined on the basis of the hourly rate of charge, plus other expenses incurred, and the Authority considers that the complexity of the requested service is such that it is not initially possible to make a reasonably accurate estimate of the likely cost of providing the service, the Authority may, with the agreement of the person requesting the service, impose a Charge, based on the hourly rate of charge, for undertaking an initial assessment of the complexity of the requested service for the purposes of determining a reasonably accurate estimate of the total cost of the service in question.
Any such assessment Charge shall be of an amount as agreed between the Authority and the person requesting the service.
Charge for Waiting Time
Where:
(a) an Officer is available at the time and place appointed for the performance of a service, but is compelled for any reason outside the control of the Officer to wait for a period in excess of half an hour after the appointed time before the service can be commenced; and/or
(b) an Officer is performing a service and the service is interrupted on one or more occasions for any reason outside the control of the Officer and the Officer is compelled to wait for a total period in excess of half an hour before the service can be continued; and/or
(c) an Officer who has performed a service is compelled for any reason outside the control of the Officer to wait for a period in excess of half an hour at the place where the service was performed;
waiting time is payable, calculated at the hourly rate for each one tenth of an hour or part thereof of the total time that the Officer was required to wait in relation to the service in question.
Charge for Cancellation
If, at the request of a person, an Officer is required to perform a service and the request for the service is cancelled before the service can be completed, there is payable by the person a sum calculated in accordance with the hourly rate as specified in paragraph 5 of this determination in respect of the time applied to the work in question, together with any other expenses relating to the service in question, including, if applicable, a charge for waiting time, calculated in accordance with paragraph 9 of this Determination and a charge for travel time and costs, calculated in accordance with paragraphs 11, 12 and 13 of this determination.
Charge for Travel to Location of Service
If, in the performance of a service subject to a Charge in accordance with paragraph 1 of this Determination, an Officer proceeds to a location other than where the Officer is normally stationed, an additional Charge will be payable, being an amount reasonably relating to the Authority’s costs incurred in the Officer’s return travel for that location, including the time of the Officer involved, chargeable at the hourly rate calculated in accordance with paragraph 5 of this determination, whether or not the proposed service is completed. A charge per kilometre will be applied where an Officer’s vehicle has been used to travel to a site further than 25 kilometres from an Office of the Authority for delivery of a service. That charge per kilometre will be the same as is specified for each financial year by the Australian Taxation Office for the business use of the relevant category of the vehicle in question.
Where a vessel in relation to which a service is to be performed is not alongside a berth additional travel time is payable, calculated at the hourly rate, for the time taken to travel from the shore to the vessel and to return to the shore.
Where more than one service is delivered during a visit, the travel charge calculated under paragraphs 11 or 12 will be applied once only in relation to those combined services.
Charge to recover other expenses incurred in delivery of a Service
Where a direct expense is incurred by the Authority (other than staff time and travel expenses) in relation to the delivery of a service or facility, a charge can be applied to recover such costs from the recipient of the service or facility.
RECOVERY OF CHARGES
For the purposes of this Determination, the Authority may issue an invoice or make a demand to a person in relation to a liability in respect of a charge under this Determination.
Where an invoice is issued or a demand made, the amount of the Charge is due from the time of delivery of the service or services in question and payable commencing on the day of the making of the demand or, where an invoice is issued, within 14 days of the date of issue of that invoice, unless otherwise specified by the Authority.
Payment in Advance
Where the Charge payable is a fixed amount or is determined by a fixed rate of charge, other than the hourly rate, the Authority may request payment in advance of the performance of the service in question. The Charge is payable at the time of lodgement of the request for the service.
Where a Charge is payable based on the hourly rate of charge, the Authority may request progress payments, on a basis agreed with the person requesting the service, upon the completion of agreed proportions of the estimated total hours needed to complete the service. The Charge is payable in accordance with paragraph 15 above.
Penalty Interest on Overdue Monies Owed
Where the liability of a person to pay a Charge under this Determination is not discharged in accordance with the terms of payment specified in paragraph 15 of this Determination, that person is liable to pay to the Authority by way of penalty an amount calculated upon the amount of the Charge remaining unpaid at the rate of 1.5% for each month or part of a month for which that amount is unpaid, to be computed from the day on which that charge became due and payable and compounded.
SCHEDULE
| Column 1 Service | Column 2 Charge |
| SHIP DESIGN AND PERFORMANCE | |
| Tonnage Measurements and Loadline | |
| Provision of copies of tonnage measurement calculations | The Hourly Rate |
| Inspections and certification in relation to tonnage measurements and loadline | The Hourly Rate |
| INSPECTIONS OF SHIPS AND EQUIPMENT | |
| Loading and Unloading Equipment | |
| Approvals and exemptions in relation to a ship, materials handling equipment or loading or unloading arrangements in relation to a ship, and, for second and subsequent visits, inspections of ships, equipment or arrangements in relation to these matters. | The Hourly Rate |
| Ship Survey and Certification. | |
| Survey for the initial issue or reissue of a certificate | The Hourly Rate |
| Port State Control and Flag State Control Inspections | |
| Follow-up visits to re-inspect deficiencies identified at initial inspections | The Hourly Rate |
| Other Surveys or Inspections of Ships and Equipment | |
| Services or inspections of ships and equipment not listed above | The Hourly Rate |
| OTHER INSPECTIONS | |
| Grain Loading | |
| Visits to ships or loading facilities for inspections to ensure safe loading and stowage of grain | The Hourly Rate |
| Solid Bulk Cargoes | |
| Inspections, determinations, approvals and exemptions in relation to solid bulk cargoes. | The Hourly Rate |
| Dangerous Goods | |
| Inspections, determinations, approvals and exemptions in relation to dangerous goods. | The Hourly Rate |
| Livestock | |
| Inspections, certificates, approvals and exemptions in relation to the transportation of livestock, including inspections and services in relation to the issue or endorsement of an Australian Certificate for the Carriage of Livestock. | The Hourly Rate |
| 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. | The Hourly Rate |
| Miscellaneous Inspections | |
| All inspections not listed above that are compulsory, or are requested by the recipient, or are follow-up inspections to confirm corrective action. | The Hourly Rate |
| Column 1 Service | Column 2 Charge |
| DETERMINATIONS, EXEMPTIONS AND APPROVALS | |
| Processing applications for Determinations, Exemptions and Approvals under the Navigation Act 1912 | The Hourly Rate |
| SERVICES RELATING TO SHIP MANNING LEVELS | |
| Processing of an application for approval of ship manning levels | $860 |
| Processing of an application for review of existing approved manning levels | $430 |
| SERVICES RELATING TO THE INTERNATIONAL SAFETY MANAGEMENT CODE | |
| Processing of application for a Document of Compliance or a Safety Management Certificate, including conduct of initial audit or for the reinstatement of those Certificates. | The Hourly Rate |
| Conduct of scheduled periodic compliance audit relating to the continuation of a Document of Compliance or a Safety Management Certificate | The Hourly Rate |
| SERVICES TO PILOTAGE PROVIDERS | |
| Processing of an application for a licence as a provider of coastal pilotage services or for reinstatement of a licence as a provider of coastal pilotage services | The Hourly Rate |
| Conduct of scheduled compliance audit of accredited provider of coastal pilotage services | The Hourly Rate |
| SERVICES TO SEAFARERS | |
| Examinations and Assessments | |
| Assessment of Sea Service for holders of an AMSA Certificate of Competency or recognition of a Certificate of Competency as a Master, Deck Officer or Engineer or holders of an AMSA GMDSS Certificate | $110 |
| Assessment of Sea Service for persons not holding an AMSA Certificate of Competency or recognition of a Certificate of Competency as a Master, Deck Officer or Engineer or an AMSA GMDSS Certificate | $215 |
| Oral Examination for Certificate of Competency – STCW 78 (as amended) Unlimited | $430 |
| Oral Examination for Certificate of Competency – STCW 78 Near Coastal and STCW(F) compliant | $320 |
| Computer-based examination for Certificate of Competency | $78 |
| Column 1 Service | Column 2 Charge |
| Assessment of marine qualifications for immigration purposes | $240 |
| Undertaking a Psychometric Assessment | $144 |
| Certificates for Seafarers | |
| Processing of application for the initial issue or reissue of a Certificate of Competency or Proficiency | $155 |
| Processing of application for the initial issue or reissue of a Certificate of Recognition of Competency or Proficiency | $155 |
| Processing of application for the revalidation of a Certificate of Competency or Certificate of Recognition or Proficiency | $155 |
| Processing of application for endorsements to an active Certificate of Competency | $105 |
| Processing of application for the initial issue of, or revalidation of, a GMDSS Competency Certificate or Certificate of Recognition of GMDSS | $155 |
| Processing of application for the issue of an initial coastal pilot’s licence | $360 |
| Processing of application for the reissue of a coastal pilot’s licence | $105 |
| Processing of application for the issue of a Compass Adjusters Licence | $215 |
| Processing of application for the issue of a Certificate of Safety Training | $155 |
| Processing application for approval as a Medical Inspector of Seamen | $105 |
| Additional charge for transmission of documents other than by regular mail, such as fax, email or registered mail | $25 |
| SERVICES TO RECOGNISED TRAINING ORGANISATIONS | |
| Processing of an application by a training organisation for approval of a training course | The Hourly Rate |
| Scheduled periodic compliance audit of approved courses provided by a recognised training organisation | The Hourly Rate |
| REGISTRATION OF SHIPS (Shipping Registration Act 1981) | |
| Applications for Registration or Re-registration | |
| Processing application for registration of a ship required to be registered by the Shipping Registration Act 1981 | $2040 |
| Processing application for registration of a ship, other than an Australian owned ship, on demise charter to an Australian Based Operator | $3060 |
| Column 1 Service | Column 2 Charge |
| Processing application for registration of a ship permitted to be registered by Shipping Registration Act 1981, other than a foreign-owned ship on demise charter to an Australian-based operator | $1190 |
| Transfer or Transmission of Ownership | |
| Processing documents for registration of transfer, transmission of ownership, in relation to a ship required by the Shipping Registration Act 1981 to be registered | $595 |
| Processing documents for registration of transfer, transmission of ownership, in relation to a ship on demise charter to an Australian based operator other than an Australian-owned Ship. | $1,020 |
| Processing documents for registration of transfer, transmission of ownership, in relation to a ship permitted by the Shipping Registration Act 1981 to be registered, other than a foreign-owned ship on demise charter to an Australian-based operator | $340 |
| Grant of Certificates | |
| Processing of application for grant of provisional registration certificate or new registration certificate under section 21 of the Shipping Registration Act 1981 | $170 |
| Processing of application for grant of provisional registration certificate under sections 22 or 22A of the Shipping Registration Act 1981 | $255 |
| Processing of Application for extension of period of currency of a provisional certificate | $170 |
| Processing of application for grant of temporary pass | $255 |
| Processing of application for grant of certificate of entitlement to fly the Australian National flag or red ensign | $170 |
| Supply of deletion certificate | $85 |
| Administrative Services | |
| Processing of application for exemption from registration | $510 |
| Processing request for change of name of registered ship | $82 |
| Processing request for change of home port of registered ship | $82 |
| Processing of request for extension of time for lodging documents | $128 |
| Additional charge for transmission of documents other than by regular mail, such as fax, email or registered mail | $25 |
| Column 1 Service | Column 2 Charge |
| Inspections and Searches | |
| Inspection of Register of ships | $28 |
| Search by staff of Australian Shipping Registration Office of register – for each period of 15 minutes or part thereof | $42.50 |
| Supply of certified extract of the Register or of a document forming part of or associated with the Register | $50 |
| Supply of a certified copy of Register entry | $30 |
| Supply of certified copy of documents forming part of or associated with the Register, for each page | $21 |
| Mortgages and Related Matters | |
| Note that these charges for services relating to mortgages will no longer apply once the Commonwealth Attorney-General’s Department has commenced operation of its Personal Property Securities Register as this Register will take over the registration of mortgages and other financial instruments in relation to vessels. The recording of caveats which do not represent financial instruments will remain with the Australian Register of Ships | |
| Processing documents for registration of mortgage, transfer of mortgage or transmission of mortgage in relation to a ship required by the Shipping Registration Act 1981 to be registered | $416 |
| Processing documents for registration of mortgage, transfer of mortgage or transmission of mortgage in relation to a ship on demise charter to an Australian based operator other than an Australian-owned Ship. | $686 |
| Processing documents for registration of mortgage, transfer of mortgage or transmission of mortgage in relation to a ship permitted by the Shipping Registration Act 1981 to be registered, other than a foreign-owned ship on demise charter to an Australian-based operator | $250 |
| Processing of documents for the registration of a discharge of mortgage | $82 |
| Processing of the lodgement of a caveat | $170 |
| Services Relating to a Continuous Synopsis Record | |
| Application for a Continuous Synopsis Record | $425 |
| Reissue of a Continuous Synopsis Record | $130 |
| Amendments to a Continuous Synopsis Record | $300 |
| OTHER SERVICES | |
| Section 8A or Section 8AA Declarations | |
| Issue of a declaration under Section 8A or Section 8AA of the Navigation Act 1912 | $215 |
| Column 1 Service | Column 2 Charge |
| MISCELLANEOUS SERVICES | |
| Any service not elsewhere listed in this determination - Where undertaken by Marine Surveyors or equivalent - Where undertaken by staff of the Shipping Registration Office - For which the Authority bears a direct expense | $215 per hour $170 per hour The amount of the expense |
| Note: Application of the Goods and Services Tax · charges for approvals and inspections of cargoes, containers, ships and related equipment, as required by safety standards; · charges for examinations, licences, certificates and approvals relating to seafarers, as required by safety standards; · charges for other approvals, licences, certificates, exemptions and declarations required by safety standards, and · charges in relation to the registration of ships. Accordingly, the Charges for specific services listed in this Determination exclude the GST. Some miscellaneous services will fall outside the exemption and will therefore be subject to GST. In such cases GST will be added to any Charges calculated in accordance with this Determination, taking the GST-inclusive hourly rate of charge to $236.50 for services provided by Marine Surveyors or $187 per hour for services provided by the staff of the Shipping Registration Office. | |
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