COLONIAL LIGHT DUES (RATES).
No. 66 of 1932.
An Act to impose Colonial Light Dues.
[Assented to 5th December, 1932.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title.
1. This Act may be cited as the Colonial Light Dues (Rates) Act 1932.
Incorporation.
2. The Colonial Light Dues Collection Act 1932 shall be incorporated and read as one with this Act.
Imposition of Colonial Light Dues.
3.—(1.) The Colonial light dues fixed by His Majesty the King in Council by Order made under section six hundred and seventy of the Merchant Shipping Act 1894, on the seventeenth day of December, One thousand nine hundred and thirty-one, being—
(a) in respect of each ship which passes and derives benefit from any lighthouse specified in the first part of the Schedule to this Act or from the buoy specified in that Schedule—at the rate of one penny per ton of the register tonnage of that ship for every occasion on which the ship passes and derives benefit from any of those lighthouses or from that buoy; and
(b) in respect of each ship which passes and derives benefit from the lighthouse specified in the second part of that Schedule—at the rate of one halfpenny per ton of the register tonnage of that ship for every occasion on which the ship passes and derives benefit from that lighthouse,
are hereby imposed with respect to each voyage of a ship, British or foreign, which is at any port, harbour or place in Australia, and which, in the course of any voyage to or from Australia, has passed and derived benefit from any of those lighthouses or from that buoy.
(2.) Where any rate of Colonial light dues is fixed by His Majesty by Order in Council in substitution for either of the rates specified in paragraphs (a) and (b) of the last preceding sub-section, and the imposition in the Commonwealth of the rate so fixed is authorized by the regulations, this Act shall thereupon have effect as if Colonial light dues were imposed in the Commonwealth at the rate so fixed in lieu of the rate, specified in the last preceding sub-section, for which the rate so fixed is in substitution.
Currency in which payments to be made.
4. Colonial light dues imposed by this Act shall be payable in currency of the United Kingdom or in Australian currency of such amount as, having regard to the rate of exchange prevailing at the time of payment, represents the equivalent, in currency of the United Kingdom, of the dues so imposed.
Regulations.
5. The Governor-General may, after His Majesty has, by Order in Council, fixed any rate of Colonial light dues in substitution for either of the rates specified in paragraphs (a) and (b) of sub-section (1.) of section three of this Act, make regulations authorizing the imposition in the Commonwealth of the rate so fixed.
THE SCHEDULE.
FIRST PART.
— | Latitude. | Longitude. |
Lighthouses— | | |
Gun Cay.......................... | 25° 34′ N........... | 79° 19′ W. |
Abaco............................ | 25° 51′ N........... | 77° 11′ W. |
Cay Sal........................... | 23° 57′ N........... | 80° 28′ W. |
Great Isaac......................... | 26° 02′ N........... | 79° 06′ W. |
Cay Lobos......................... | 22° 23′ N........... | 77° 36′ W. |
Elbow Cay......................... | 26° 32′ N........... | 76° 57′ W. |
Great Stirrup Cay..................... | 25° 50′ N........... | 77° 54′ W. |
Castle Island........................ | 22° 07′ N........... | 74° 20′ W. |
Inagua............................ | 20° 56′ N........... | 73° 40′ W. |
Bird Rock......................... | 22° 51′ N........... | 74° 22′ W. |
Watling Island....................... | 24° 06′ N........... | 74° 26′ W. |
Buoy— | | |
Matanilla Shoal | 27° 23′ N........... | 79° 06′ W. |
SECOND PART. |
– | Latitude. | Longitude. |
Lighthouse— | | |
Sombrero Island..................... | 18° 36′ N...........s | 63° 28′ W. |
Overview
The Colonial Light Dues (Rates) Act 1932 was enacted to impose dues on ships passing and deriving benefit from specific lighthouses and buoys in the vicinity of Australia. The Act was introduced to address the need for revenue generation through maritime navigation aids and to ensure compliance with the rates fixed by His Majesty in Council under the Merchant Shipping Act 1894. Enacted by the Commonwealth Parliament, the policy objective of this Act is to establish a formal mechanism for collecting dues from ships that benefit from specified navigational aids, thereby supporting the maintenance and operation of these critical maritime infrastructures. The Act consolidates the Colonial Light Dues Collection Act 1932 and specifies the rates of dues, which are payable in either UK or Australian currency, depending on the exchange rate at the time of payment.
Scope and Application
The Colonial Light Dues (Rates) Act 1932 applies to all ships, whether British or foreign, that derive benefit from specified lighthouses and a buoy while at any Australian port, harbour, or place during a voyage to or from Australia. The Act imposes a specific rate of dues, which is calculated based on the register tonnage of each ship. These rates are determined by the King in Council and are subject to change through Orders in Council, which the Governor-General may then enact through regulations. The dues are payable in either United Kingdom currency or Australian currency at the equivalent exchange rate. Notably, the Act incorporates the Colonial Light Dues Collection Act 1932, thereby extending its application through subordinate instruments. There are no stated exclusions or exemptions in the text, and the Act's jurisdictional reach is confined to Australia.
Key Provisions
The Colonial Light Dues (Rates) Act 1932 (sections 1-5) imposes dues on ships that derive benefit from specified lighthouses or buoys. The Act applies to all voyages of British or foreign ships that have passed and derived benefit from any of the mentioned lighthouses or the buoy in the course of any voyage to or from Australia. The dues are imposed at a rate of one penny per ton of the register tonnage for each occasion a ship passes and derives benefit from the listed lighthouses or buoys (section 3(1)(a)), and at a rate of one halfpenny per ton for the Sombrero Island lighthouse (section 3(1)(b)). The Act allows for the substitution of these rates by His Majesty in Council, and the Governor-General can make regulations authorizing the imposition of these substituted rates in the Commonwealth (section 5).
The Act imposes several obligations on the parties it governs. Ship owners or operators must ensure that the appropriate Colonial light dues are calculated and paid in the currency of the United Kingdom or in Australian currency equivalent to the rate of exchange at the time of payment (section 4). The dues must be paid for every voyage of a ship that has passed and derived benefit from the specified lighthouses or buoys. Furthermore, the Act mandates that any new rates fixed by His Majesty in Council, which are then authorised by regulations made by the Governor-General, are to be followed (section 3(2)).
The Act does not explicitly detail specific offences or penalties for non-compliance within its text. However, non-payment of the Colonial light dues as imposed by the Act could potentially lead to enforcement actions under other relevant maritime or customs legislation, where penalties and consequences are specified. For example, under the Customs Act 1901, failure to pay applicable duties and taxes can result in fines and legal actions, with penalties varying depending on the severity and intent behind the non-compliance. It is advisable to consult additional legislative texts or seek legal counsel for comprehensive understanding of potential repercussions in case of non-compliance.