Marine Navigation Levy Amendment Regulations 2001 (No. 1) 2001 No. 147
EXPLANATORY STATEMENT
STATUTORY RULES 2001 No. 147
Issued by the Authority of the Minister for Transport and Regional Services.
Marine Navigation Levy Act 1989
Marine Navigation Levy Amendment Regulations 2001 (No. 1)
The Marine Navigation Levy is imposed on trading ships using Australian ports to recover the costs of marine aids to navigation provided on behalf of the Commonwealth by the Australian Maritime Safety Authority (the Authority).
Subsection 8(1) of the Marine Navigation Levy Act 1989 (the Act) provides that the GovernorGeneral 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) 32 cents for each of the first 5,000 tons of the ship's tonnage (paragraph 7(2)(a) of the Act);
(b) 19 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) 7.5 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) 2.5 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 to decrease the rate of levy.
The amendment will provide for a reduction of approximately 10 per cent in the Marine Navigation Levy charged on ships from 1 July 2001. There is a corresponding increase in the Marine Navigation (Regulatory Functions) Levy of approximately 10 per cent.
This adjustment follows on from changes to the levies occurring in 1998 and 1999 and 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.
Details of the Regulations are:
Regulation 1 provides that the regulations are named the Marine Navigation Levy Amendment Regulations 2001 (No. 1).
Regulation 2 provides that the regulations commence on 1 July 2001.
Regulations 3 provides that Schedule 1 amends the Marine Navigation Levy Regulations 1991.
Schedule 1 reduces the amounts of levy in regulation 4 as follows:
• for paragraph 7(2)(a) of the Act from 32 cents to 29 cents
• for paragraph 7(2)(b) of the Act from 19 cents to 17 cents
• for paragraph 7(2)(c) of the Act from 7.5 cents to 7 cents
• for paragraph 7(2)(d) of the Act to remain at 2.5 cents
Overview
The Marine Navigation Levy Amendment Regulations 2001 (No. 1), enacted under the authority of the Minister for Transport and Regional Services, address the need to adjust the rates of the Marine Navigation Levy charged on ships. This amendment to the Marine Navigation Levy Regulations 1991 aims to decrease the levy rate by approximately 10%, effective from 1 July 2001. This adjustment follows previous changes made in 1998 and 1999 and is designed to better align the funding sources for the provision of coastal radio services and other regulatory functions of the Australian Maritime Safety Authority with the Marine Navigation (Regulatory Functions) Levy. The overarching policy objective of these amendments is to ensure the continued provision of marine aids to navigation through the Marine Navigation Levy, while appropriately sourcing funds for other regulatory activities from the Marine Navigation (Regulatory Functions) Levy.
Scope and Application
The Marine Navigation Levy Amendment Regulations 2001 (No. 1) pertain to ships using Australian ports, imposing a levy to recover costs of marine aids to navigation provided by the Australian Maritime Safety Authority. This Act applies specifically to trading ships that navigate within Australian waters and falls under the jurisdiction of the Commonwealth. The levy is calculated based on the ship's tonnage, with different rates for varying tonnage brackets as outlined in the Marine Navigation Levy Regulations 1991. These regulations were enacted to amend the levy rates, decreasing them by approximately 10 percent from 1 July 2001, with corresponding increases in the Marine Navigation (Regulatory Functions) Levy to ensure the combined cost to industry remains unchanged. This adjustment aims to more appropriately source funds for regulatory activities from the Marine Navigation (Regulatory Functions) Levy, while the Marine Navigation Levy continues to fund marine aids to navigation. The regulations, which commence on 1 July 2001, adjust the levy rates by reducing the amounts in specific tonnage brackets, as detailed in Schedule 1 of the amendment regulations.
Key Provisions
The main operative sections of the Marine Navigation Levy Amendment Regulations 2001 (No. 1) primarily involve the adjustment of levy rates for ships using Australian ports, as outlined in Schedule 1 (Regulation 3). Specifically, Regulation 4 of the Marine Navigation Levy Regulations 1991 is amended to reduce the rates of the Marine Navigation Levy. For instance, the levy for the first 5,000 tons of a ship's tonnage decreases from 32 cents to 29 cents, while the levy for tonnage exceeding 5,000 tons but not more than 20,000 tons reduces from 19 cents to 17 cents (subsection 8(1) of the Marine Navigation Levy Act 1989). The levy for ships with tonnage more than 20,000 tons but not more than 50,000 tons is reduced from 7.5 cents to 7 cents. The levy for ships with tonnage over 50,000 tons remains unchanged at 2.5 cents.
These regulations impose specific obligations on the entities they govern, primarily the owners or operators of trading ships using Australian ports. They must comply with the amended levy rates set forth in Schedule 1, ensuring accurate calculation and payment of the Marine Navigation Levy. This involves adjusting their accounting and financial reporting processes to reflect the new rates, which are effective from 1 July 2001 (Regulation 2). Additionally, the Australian Maritime Safety Authority (AMSA) must ensure that the new levy rates are properly enforced and collected, as well as manage the reallocation of funds from the Marine Navigation Levy to the Marine Navigation (Regulatory Functions) Levy.
Breaches of these regulations may lead to various consequences. While the explanatory statement does not explicitly outline penalties, it is implied that non-compliance could result in civil or administrative actions under the Marine Navigation Levy Act 1989. Such actions may include fines or other financial penalties as prescribed by the Act. The Marine Navigation Levy Amendment Regulations 2001 (No. 1) aim to streamline the allocation of funds for marine aids to navigation and regulatory activities, ensuring that the Maritime Safety Authority can effectively manage its responsibilities without significantly impacting the industry's overall costs.