Explanatory Statement
AMSA DETERMINATION FIXING CHARGES, No 1 of 2011
Authority
- This Determination is made under section 47(1) of the Australian Maritime Safety Authority Act 1990 (the AMSA Act).
- Section 47(1) of the AMSA Act allows the Australian Maritime Safety Authority to make Determinations fixing charges and specifying the persons by whom, and the times when, the charges are payable.
- This Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
- This Determination has been made by the Chief Executive Officer of the Australian Maritime Safety Authority, in accordance with subsection 49(4) of the AMSA Act.
Purpose
5. This Determination applies revised charges and new charges, with effect from 4 July 2011, for a range of services provided by the Australian Maritime Safety Authority in relation to the registration of ships and for a range of services provided to participants in the shipping industry for compulsory approvals, licences, certificates, qualifications, and other services.
Overview
6. AMSA applies a range of fees and charges to recover the full cost of provision of services to individuals or individual companies. The level and structure of these fees and charges is reviewed regularly to ensure that costs are being recovered, whether certain services are still required and for newly defined services resulting from regulatory changes. Some cost increases in recent years have been absorbed due to productivity improvements by AMSA officers providing these services, but adjustments are now required for many charges to recover current costs.
7. In general, the level of charges for Marine Services is increasing by around 16%, in the context of increases of around 39% in the Australian Consumer Price Index since these charges were last revised in 2001. A small number of charges are increasing by more than that figure to reflect increased complexity in service delivery. Similarly, a small number of charges are being reduced or increased by less than 16% in recognition of the simplification of service delivery, and some charges have been abolished due to changes in the way in which AMSA now undertakes maritime safety regulation. Charges for Ship Registration services were last revised in 1990 and are increasing by around 100% on average.
Consultation
8. AMSA conducted consultations with stakeholders in April and May 2011 based on a Cost Recovery Impact Statement. These consultations included direct contact with the main industry associations, unions, registered training organisations, providers of coastal pilotage services and Yachting Australia, as well as a presentation to a meeting of the AMSA Advisory Committee, which represents the industry. The only concerns raised related to the proposed new charges for accreditation and compliance audits of registered training organisations in terms of the possible cost flow-on to students. AMSA responded that it will ensure that these services are conducted efficiently so as to minimise the level of the corresponding charges.
Overview
The AMSA Determination Fixing Charges, No 1 of 2011, is a legislative instrument made under section 47(1) of the Australian Maritime Safety Authority Act 1990, which empowers the Authority to set charges for its services. This Determination, enacted to update the fees for various services provided by the Australian Maritime Safety Authority, including ship registration and compulsory approvals for industry participants, aims to reflect the current cost of service provision and respond to changes in maritime safety regulation. The charges were last revised in 2001 and have not kept pace with the rising costs of service delivery and the Australian Consumer Price Index, necessitating an increase of approximately 16% in general, with some services seeing higher or lower increases based on service complexity and efficiency. The Chief Executive Officer of the Australian Maritime Safety Authority made this Determination in accordance with the AMSA Act and following consultations with industry stakeholders in 2011.
Scope and Application
The AMSA Determination Fixing Charges, No 1 of 2011 applies to individuals and companies involved in the shipping industry and to those requiring services from the Australian Maritime Safety Authority (AMSA). This legislation sets out the revised charges and new charges for a range of services provided by AMSA, including ship registration and compulsory approvals, licences, certificates, qualifications, and other services. The charges are intended to recover the full cost of these services, with adjustments made to account for productivity improvements and changes in service delivery. The Determination affects entities operating within the maritime sector in Australia, including ship owners, operators, and training organisations. The geographic reach of the Determination is national, as it pertains to services provided by AMSA, which operates under the Commonwealth. While the Determination specifies the charges, there are no stated exclusions or thresholds in the provided text; however, the authority to make subordinate instruments suggests that further details on application may be specified in such instruments.
Key Provisions
The Australian Maritime Safety Authority Determination Fixing Charges, No 1 of 2011, made under section 47(1) of the Australian Maritime Safety Authority Act 1990, outlines the revised and new charges for a range of services provided by the Australian Maritime Safety Authority (AMSA) in relation to the registration of ships and compulsory approvals, licences, certificates, qualifications, and other services for participants in the shipping industry (section 5). These changes apply from 4 July 2011 and aim to recover the full cost of the services provided by AMSA to individuals or companies, ensuring that costs are being recovered and that services are still required (section 6). The level of these charges is reviewed regularly, with some adjustments made to reflect increased complexity in service delivery, simplification, and changes in the way in which AMSA undertakes maritime safety regulation (section 7).
Under this Determination, AMSA imposes certain obligations and requirements on the parties or entities it governs, primarily focusing on the payment of charges for the services provided. These charges are intended to cover the full cost of service provision, and the Determination specifies the persons by whom, and the times when, the charges are payable (section 47(1) of the AMSA Act). The Chief Executive Officer of the Australian Maritime Safety Authority has made this Determination in accordance with subsection 49(4) of the AMSA Act (section 49(4)). AMSA is also required to consult with stakeholders, such as industry associations, unions, registered training organisations, and providers of coastal pilotage services, to ensure that the proposed charges are fair and reasonable (section 8).
The Determination does not explicitly state any specific offences, penalties, or civil/criminal consequences for breach of its provisions. However, the AMSA Act and other relevant legislation may contain provisions that could apply to breaches of the Determination. It is important to note that any failure to comply with the payment obligations outlined in this Determination could potentially result in legal action being taken against the defaulting party or entity. The actual consequences and penalties for non-compliance would depend on the specific circumstances of the case and the applicable legislation.