Marine Navigation Levy Amendment Regulations 2000 (No. 1) 2000 No. 158
EXPLANATORY STATEMENT
STATUTORY RULES 2000 No. 158
Issued by the authority of the Minister for Transport and Regional Services
Marine Navigation Levy Act 1989
Marine Navigation Levy Amendment Regulations 2000 (No. 1)
The Marine Navigation Levy is imposed on trading ships using Australian ports to recover the costs of navigational aids provided on behalf of the Commonwealth by the Australian Maritime Safety Authority.
Subsection 8(1) of the Marine Navigation Levy Act 1989 (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 Levy Regulations 1991 prescribes the following levy rates:
(a) 5.5 cents for each of the first 5,000 tons of the ship's tonnage (paragraph 7(2)(a)
of the Act);
(b) 1 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) 8.5 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) of the Act);
(d) 3 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 Levy Regulations 1991 to decrease the rate of levy.
The amendments provide for a reduction of 10% in the marine navigation levy charged on ships from 1 July 2000 and will save shippers an estimated $2.3 million a year.
in addition, regulation 3 is amended to delete the definition of "quarter" which was inserted in 1995 when rates covering specific quarters were prescribed. As rates are no longer prescribed for quarters, the definition is not required.
Details of the Regulations are:
Regulation 1 provides that the regulations are named the Marine Navigation Levy Amendment Regulations 2000.
Regulation 2 provides that the regulations commence on 1 July 2000.
Regulation 3 provides that Schedule 1 amends the Marine Navigation Levy Regulations 1991.
Schedule 1:
(a) omits the definition of "quarter" in regulation 3; and
(b) reduces the amount of levy in regulation 4 as follows:
for the purposes of paragraph 7(2)(a) of the Act from 35.5 cents to 32 cents for the purposes of paragraph 7(2)(b) of the Act from 21 cents to 19 cents for the purposes of paragraph 7(2)(c) of the Act from 8.5 cents to 7.5 cents for the purposes of paragraph 7(2)(d) of the Act from 3 cents to 2.5 cents
Overview
The Marine Navigation Levy Amendment Regulations 2000 (No. 1) were enacted to modify the existing Marine Navigation Levy Regulations 1991. These regulations were introduced under the authority of the Minister for Transport and Regional Services, in accordance with the Marine Navigation Levy Act 1989. The primary objective of these amendments is to adjust the levy rates, specifically reducing them by 10% for ships using Australian ports, effective from 1 July 2000. This reduction aims to decrease the financial burden on shippers, with an estimated annual saving of $2.3 million. Additionally, the regulations remove the definition of "quarter" from the 1991 regulations, as the rates are no longer prescribed for specific quarters, rendering the definition redundant. The amendments are intended to streamline the regulatory framework and ensure it aligns with current practices and needs.
Scope and Application
The Marine Navigation Levy Amendment Regulations 2000 (No. 1) amends the Marine Navigation Levy Regulations 1991 to adjust the rates of the levy imposed on trading ships using Australian ports, aligning with the provisions of the Marine Navigation Levy Act 1989. These regulations apply to all trading ships that enter Australian ports, regardless of the ship’s origin or destination, thereby encompassing a wide range of vessels and maritime industries within its scope. The amendments are designed to reduce the financial burden on shippers by lowering the levy rates, which is expected to save approximately $2.3 million annually. These regulations cover the entire Commonwealth and are implemented to ensure consistency in the application of the levy across all Australian ports. Additionally, the regulations remove the definition of "quarter" from regulation 3 of the 1991 Regulations, as the levy rates are no longer prescribed for specific quarters, thus making the definition redundant.
Key Provisions
The main operative sections of the Marine Navigation Levy Amendment Regulations 2000 (No. 1) (the Regulations) are found in Regulation 2 and Schedule 1. Regulation 2 specifies that the Regulations commence on 1 July 2000. Schedule 1 provides the detailed amendments to the Marine Navigation Levy Regulations 1991. Specifically, Schedule 1 omits the definition of "quarter" (Regulation 3(a)) and reduces the levy rates for ships of different tonnages (Regulation 3(b)). The levy is reduced by 10% for ships with tonnages falling within the brackets specified in Regulation 4 of the Marine Navigation Levy Regulations 1991.
The Regulations impose obligations on trading ships using Australian ports, as well as on the Australian Maritime Safety Authority (AMSA) and other relevant parties. Trading ships must now adhere to the new reduced levy rates specified in Schedule 1, which come into effect from 1 July 2000. AMSA and other relevant authorities are responsible for ensuring that these new rates are correctly applied and collected from ships. The Regulations also require the deletion of the definition of "quarter" as it is no longer necessary due to the removal of quarter-specific rates.
Breaching the provisions of the Regulations can lead to various consequences. Firstly, if a ship fails to pay the correct levy amount as specified in the amended Regulations, it could be subject to enforcement actions by AMSA. This may include fines or other penalties. Additionally, the ship's owners or operators might face civil consequences such as legal proceedings to recover the unpaid levies. While the explanatory statement does not specify criminal penalties, it is likely that serious breaches could result in criminal charges under the Marine Navigation Levy Act 1989, with potential penalties including fines and imprisonment. The exact penalties would be determined based on the severity of the breach and the discretion of the court.