Marine Navigation (Regulatory Functions) Levy Amendment Regulations 2001 (No. 1) 2001 No. 148
EXPLANATORY STATEMENT
STATUTORY RULES 2001 No. 148
Issued by the Authority of the Minister for Transport and Regional Services
Marine Navigation (Regulatory Functions) Levy Act 1991
Marine Navigation (Regulatory Functions) Levy Amendment Regulations 2001 (No. 1)
The Marine Navigation (Regulatory Functions) Levy is imposed on trading ships using Australian ports to recover the costs of safety and regulatory functions undertaken on behalf of the Commonwealth by the Australian Maritime Safety Authority (the Authority).
Subsection 8(1) of the Marine Navigation (Regulatory Functions) Levy Act 1991 (the Act) provides that the Governor-General may make regulations for the purposes of subsection 7(2) of the Act which provides for the amount of levy to be paid, calculated on the ship's tonnage.
Regulation 4 of the Marine Navigation (Regulatory Functions) Levy Regulations 1992 prescribes the following rates of levy:
(a) 18.5 cents for each of the first 5,000 tons of the ship's tonnage (paragraph 7(2)(a) of the Act);
(b) 18 cents for each ton by which the ship's tonnage is more than 5,000 tons but not more than 20,000 tons (paragraph 7(2)(b) of the Act);
(c) 15.5 cents for each ton by which the ship's tonnage is more than 20,000 tons but not more than 50,000 tons (paragraph 7(2)(c));
(d) 14 cents for each ton by which the ship's tonnage is more than 50,000 tons (paragraph 7(2)(d) of the Act.
The purpose of the Regulations is to amend the Marine Navigation (Regulatory Functions) Levy Regulations to increase the rate of levy.
The amendments provide for an increase of approximately 10 per cent in the Marine Navigation (Regulatory Functions) Levy charged on ships from 1 July 2001. There is a corresponding decrease in the Marine Navigation Levy of approximately 10 per cent.
This adjustment enables funds allocated to the provision of a coastal radio service and other regulatory activities of the Authority to be more appropriately sourced from the Marine Navigation (Regulatory Functions) Levy rather than from the Marine Navigation Levy. The latter is intended to fund the provision of marine aids to navigation. The adjustment between the levies will not result in any change to the combined cost to industry and follows on from previous changes to the levies occurring in 1998 and 1999.
Details of the Regulations are:
Regulation 1 provides that the regulations are named the Marine Navigation (Regulatory Functions) Levy Amendment Regulations 2001 (No. 1).
Regulation 2 provides that the regulations commence on 1 July 2001.
Regulation 3 provides that Schedule 1 amends the Marine Navigation (Regulatory Functions) Levy Regulations 1992.
Schedule 1 increases the amounts of levy in regulation 4 as follows: for paragraph 7(2)(a) of the Act from 18.5 cents to 20.5 cents for paragraph 7(2)(b) of the Act from 18 cents to 20 cents for paragraph 7(2)(c) of the Act from 15.5 cents to 17 cents for paragraph 7(2)(d) of the Act from 14 cents to 15.5 cents.
Overview
The Marine Navigation (Regulatory Functions) Levy Amendment Regulations 2001 (No. 1) were enacted to amend the existing levy rates under the Marine Navigation (Regulatory Functions) Levy Act 1991. These regulations were introduced to address the need for a more precise allocation of funds towards the safety and regulatory functions performed by the Australian Maritime Safety Authority. The regulations were issued under the authority of the Minister for Transport and Regional Services and aim to ensure that the funds collected from ships using Australian ports are appropriately allocated towards the regulatory activities of the Authority, rather than solely towards the provision of marine aids to navigation. This adjustment reflects a broader policy objective of ensuring that the regulatory functions are adequately funded while maintaining the overall financial balance for the industry.
Scope and Application
The Marine Navigation (Regulatory Functions) Levy Amendment Regulations 2001 (No. 1) amends the rates of the levy imposed on trading ships entering Australian ports under the Marine Navigation (Regulatory Functions) Levy Act 1991. This legislation applies to all trading ships that use Australian ports, and the levy is calculated based on the ship's tonnage. The primary purpose of the levy is to recover the costs of safety and regulatory functions undertaken by the Australian Maritime Safety Authority. The regulations specify the rates of levy to be applied to different tonnage brackets of ships, with the rates adjusted to increase the levy by approximately 10 per cent from 1 July 2001. These amendments ensure that the funds allocated for the provision of a coastal radio service and other regulatory activities of the Authority are sourced more appropriately from the Marine Navigation (Regulatory Functions) Levy. The adjustments do not alter the overall cost to industry, continuing the trend of adjustments made in 1998 and 1999. The regulations are applicable across Australia, aligning with the jurisdictional reach of the Commonwealth.
Key Provisions
The Marine Navigation (Regulatory Functions) Levy Amendment Regulations 2001 (No. 1) primarily amend the existing levy rates for trading ships using Australian ports, as detailed in section 4 of the Act. These amendments, effective from 1 July 2001, adjust the amount of the levy charged on ships, increasing it by approximately 10%. This change is intended to better align the funding of certain safety and regulatory functions with the actual costs incurred by the Australian Maritime Safety Authority (AMSA). Regulation 3 of the Act specifies that these amendments are detailed in Schedule 1, which modifies the rates set out in the Marine Navigation (Regulatory Functions) Levy Regulations 1992.
Under the amended regulations, the levy rates are increased as follows: for ships with a tonnage of up to 5,000 tons, the levy increases from 18.5 cents per ton to 20.5 cents per ton; for ships with a tonnage exceeding 5,000 tons but not more than 20,000 tons, the levy increases from 18 cents per ton to 20 cents per ton; for ships with a tonnage exceeding 20,000 tons but not more than 50,000 tons, the levy increases from 15.5 cents per ton to 17 cents per ton; and for ships with a tonnage exceeding 50,000 tons, the levy increases from 14 cents per ton to 15.5 cents per ton. These adjustments are designed to ensure that funds for regulatory functions are sourced more appropriately from the Marine Navigation (Regulatory Functions) Levy rather than from the Marine Navigation Levy, which is intended for marine aids to navigation.
Entities governed by the Act must comply with the new levy rates as stipulated in the amended regulations. Ship operators must calculate the levy based on the ship's tonnage and ensure that the correct amount is paid to the relevant authority. This obligation extends to all trading ships entering Australian ports after the commencement date of 1 July 2001. Failure to comply with the new levy rates could result in penalties, although the specific consequences of non-compliance are not detailed in the explanatory statement.
While the regulations themselves do not specify penalties for non-compliance, it is reasonable to infer that breaches of the amended levy rates could lead to enforcement actions by AMSA or other relevant authorities. Historically, non-compliance with maritime regulations can result in fines, detention of vessels, or other enforcement actions as permitted under broader maritime legislation. The precise penalties would depend on the specific circumstances and applicable laws, but they could include substantial fines or other civil or criminal consequences.