Stevedoring Levy (Collection) Regulations 1998 (Cth)

Stevedoring Levy (Collection) Regulations 1998

Statutory Rules 1998 No. 226 as amended

made under the

Stevedoring Levy (Collection) Act 1998

This compilation was prepared on 20 February 2007

taking into account amendments up to SLI 2007 No. 16

Prepared by the Office of Legislative Drafting and Publishing,

Attorney‑General’s Department, Canberra

Contents

    1Name of regulations [see Note 1]

 These regulations are the Stevedoring Levy (Collection) Regulations 1998.

2Commencement [see Note 1]

 These regulations commence on gazettal.

3Definitions

 In these regulations:

Act means the Stevedoring Levy (Collection) Act 1998.

leviable operation means an operation of a kind described in subsection 7 (1) of the Act.

responsible person means a person who:

• (a)

  is liable, under section 8 of the Act, to pay levy; or

• (b)

  would be liable to pay levy under that section for a loading or unloading if the applicable rate of levy were not zero.

4Payment of levy and late payment penalty

 Levy and late payment penalty must be paid by sending the amount payable, by properly prepaid post, to:

 The Collector of Public Moneys

Department of Transport and Regional Services

GPO Box 594

CANBERRA ACT 2601.

5Repayment of overpayment

 The Secretary must repay the overpayment, if a person pays:

• (a)

  as levy, more than the amount of levy payable for a period; or

• (b)

  a late payment penalty that is more than the amount of penalty payable.

6Records to be kept

 (1)A responsible person must keep, for 6 years after the end of each year, records, for each month of that year, of the numbers of leviable operations carried out by that responsible person.

• (2)

  However, for these Regulations, a responsible person need not keep records of leviable operations that occur after the final levy month notified by the Minister under section 9 of the Act.

(3) An obligation mentioned in subregulation (1) may be discharged by someone else for the responsible person.

7Search warrant

For section 14 of the Act, Form A in the Schedule is the prescribed form for a search warrant.

8Identity card for inspector

 For subsection 15 (3) of the Act, Form B in the Schedule is the prescribed form for an identity card for an inspector.

9Information to be given to an inspector

• (1)

  If an inspector asks a responsible person for information about the loading and unloading of ships, as described in subsection 7 (1) of the Act, the responsible person must give the information to the inspector.

Penalty:   10 penalty units.

• (2)

  An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

ScheduleForms

(regulation 7)

Form ASearch warrant under subsection 14 (3)

Commonwealth of Australia

Stevedoring Levy (Collection) Act 1998

Search warrant under subsection 14 (3)

TO [name and address of inspector], an inspector within the meaning of subsection 15 (1) of the Stevedoring Levy (Collection) Act 1998 (the Act):

1. This warrant is issued on the basis that I am satisfied, by information on oath or affirmation:

(a) that there is reasonable ground for believing that there are levy‑related documents at [address] (the premises); and

(b) that the issue of the warrant is reasonably required for the purposes of the Act.

2. This warrant authorises you, with such assistance as you think necessary, and, if necessary, by force, *at any time of the day or night/*during the following hours [state the hours]:

(a) to enter the premises; and

(b) to exercise your functions as an inspector under subsection 14 (1) of the Act.

THIS WARRANT CEASES TO HAVE EFFECT ON [state a date 7 days or less after the day of issue of the warrant].

Issued by me, [full name of Justice of the Peace],

on [date] .

[signature of Justice of the Peace]

Justice of the Peace

*

 Omit if inapplicable.

Form BIdentity card for Inspector

(regulation 8)

  

Commonwealth of Australia

Stevedoring Levy (Collection) Act 1998

Identity card for inspector

In accordance with section 15 of the Stevedoring Levy (Collection) Act 1998, I, the Secretary of the Department of Workplace Relations and Small Business [or a person whom the Secretary of the Department of Workplace Relations and Small Business has delegated his [or her] powers under section 17 (2) of the Act], certify that [name] whose photograph and signature appear on this document is an inspector under the Act.

[photograph]

[signature of inspector]

[signature of Secretary/delegate]

Notes to the Stevedoring Levy (Collection) Regulations 1998

Note 1

The Stevedoring Levy (Collection) Regulations 1998 (in force under the Stevedoring Levy (Collection) Act 1998) as shown in this compilation comprise Statutory Rules 1998 No. 226 amended as indicated in the Tables below.

Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments.  From 1 January 2005 the Statutory Rules series ceased to exist and is replaced with Select Legislative Instruments (SLI) series. Numbering conventions remain the same, ie Year and Number.

Table of Instruments

Year and number	Date of notification in Gazette or FRLI registration	Date of commencement	Application, saving or transitional provisions
1998 No. 226	16 July 1998	16 July 1998
1998 No. 350	22 Dec 1998	22 Dec 1998	—
2002 No. 13	21 Feb 2002	21 Feb 2002	—
2007 No. 16	19 Feb 2007 (see F2007L00380)	20 Feb 2007	—

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
R. 3........................................	am. 1998 No. 350; 2007 No. 16
R. 4........................................	rs. 1998 No. 350
R. 6A.....................................	ad. 1998 No. 350
rep. 2007 No. 16
R. 9........................................	am. 1998 No. 350
rs. 2002 No. 13