EXPLANATORY STATEMENT
STATUTORY RULES NO. 179 OF 1986
ISSUED BY THE AUTHORITY OF THE MINISTER OF STATE FOR TRANSPORT LIGHTHOUSES ACT 1911
LIGHTHOUSES AND LIGHT DUES REGULATIONS (AMENDMENT)
Section 20 of the Lighthouses Act 1911 (‘the Act’) provides, in part, that the Governor-General may make Regulations prescribing matters which by the Act are permitted to be prescribed.
Sub-section 13(2) of the Act provides, in part, that Regulations may make provision for the exemption of any ship or ships included in a class of ships from payment of light dues.
Paragraph 20(f) of the Lighthouses and Light Dues Regulations provides exemptions from light dues for ships not exceeding 30 register tons. The usual and practical means of ascertaining a ship’s tonnage is by reference to the ship’s registration certificate.
The Shipping Registration Amendment Act 1984 amended the Shipping Registration Act 1981 to exempt vessels less than 24 metres in tonnage length from registration. As a result it is anticipated that an increasing proportion of vessels less than 24 metres in length will not carry a registration certificate.
As a consequence, it will become increasingly difficult for a Collector of Customs to ascertain whether or not a vessel is liable to pay light dues.
In order that a ship’s liability to pay light dues can be evidenced by reference to the vessel’s registration certificate, the proposed amendment to paragraph 20(f) of the Regulations exempts ships of less than 24 metres tonnage length from payment of light dues.
The amendment will exempt an estimated 73 vessels and 8 vessels presently exempt become eligible to pay those dues a small amount of revenue will be forgone which will be offset by administrative savings.
Overview
The Lighthouses and Light Dues Regulations (Amendment) 1986, issued under the authority of the Minister of State for Transport, amends the Lighthouses and Light Dues Regulations to address a practical issue arising from the Shipping Registration Amendment Act 1984. This legislative amendment was introduced to streamline the process of determining a vessel's eligibility for exemption from light dues, particularly in light of the changes to the Shipping Registration Act 1981 that exempt vessels less than 24 metres in length from registration. The problem identified was the increasing difficulty for Collectors of Customs to ascertain whether a vessel is liable to pay light dues due to the absence of a registration certificate on many smaller vessels. By amending paragraph 20(f) of the Regulations to exempt ships of less than 24 metres in tonnage length from payment of light dues, the amendment seeks to ensure that the ship’s liability for light dues can still be evidenced by reference to the vessel’s registration certificate where available. This adjustment is expected to benefit approximately 73 vessels while ensuring administrative efficiency, despite a minor loss of revenue.
Scope and Application
The proposed amendment to the Lighthouses and Light Dues Regulations, made under the authority of the Lighthouses Act 1911, pertains to the exemption of certain ships from the payment of light dues. Specifically, the amendment modifies the existing regulation that currently exempts ships not exceeding 30 register tons from light dues. Given the changes in the Shipping Registration Amendment Act 1984, which introduced an exemption for vessels less than 24 metres in length from registration, it has become increasingly difficult for Collectors of Customs to determine a ship's eligibility for light dues exemption based solely on the ship's registration certificate. To address this, the amendment exempts ships of less than 24 metres in tonnage length from light dues, aligning the exemption criteria with the updated vessel registration requirements. This change aims to simplify the process of determining light dues liability while acknowledging the anticipated loss of a small amount of revenue, which will be offset by administrative savings. The amendment applies nationally and affects shipping entities operating vessels that fall within the specified length criteria.
Key Provisions
The main operative sections of the Lighthouses and Light Dues Regulations (Amendment) are pivotal in adjusting the criteria for exemption from light dues. Section 20 of the Lighthouses Act 1911 empowers the Governor-General to enact Regulations, which in this case, modify the existing exemption provisions. Specifically, sub-section 13(2) of the Act allows for the exemption of certain classes of ships from payment of light dues. Currently, paragraph 20(f) of the Regulations exempts ships not exceeding 30 register tons from light dues, with the ship's registration certificate serving as the usual means of determining its tonnage. However, the recent amendment to paragraph 20(f) alters this criterion, now exempting ships of less than 24 metres in tonnage length from payment of light dues.
The amended Regulations impose specific obligations on the parties governed by the Act. Vessels less than 24 metres in tonnage length, whether or not they carry a registration certificate, will now be exempt from light dues. This change aims to streamline the process for Collectors of Customs in determining a ship’s liability for light dues, thereby reducing administrative burdens. The amendment also ensures that the criteria for exemption align with the recent changes in shipping registration laws, specifically the Shipping Registration Amendment Act 1984, which exempted vessels less than 24 metres in length from registration.
In terms of consequences for non-compliance, the Regulations do not explicitly outline specific offences or penalties for breaches within the amendment. However, under the Lighthouses Act 1911, failure to comply with the prescribed Regulations could lead to civil or criminal liability. Typically, penalties for such breaches might include fines or other sanctions as determined by the relevant authorities. While the amendment does not specify maximum penalties, it is reasonable to infer that the consequences for non-compliance would align with the existing legislative framework governing light dues.