EXPLANATORY STATEMENT
Select Legislative Instrument 2006 No. 305
Issued under the authority of the Minister for Transport and Regional Services
Marine Navigation Levy Collection Act 1989
Marine Navigation Levy Collection Amendment Regulations 2006 (No. 1)
Section 12 of the Marine Navigation Levy Collection Act 1989 (the Act) provides, in part, that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The Act provides for the collection of the marine navigation levy which is imposed by the Marine Navigation Levy Act 1989 on commercial ships of 24 metres and over which use Australian ports. The marine navigation levy is used to recover the costs of operating the Australian Government's marine aids to navigation system.
The Act provides that the marine navigation levy is not payable in respect of "exempt" ships. In accordance with section 3 of the Act, an exempt ship is "a ship declared by the regulations to be an exempt ship". The list of exempt ships in regulation 4 of the Marine Navigation Levy Collection Regulations (the Regulations) previously included "a ship only engaged in fishing or searching for, or taking, sedentary organisms within the meaning of the Continental Shelf (Living Natural Resources) Act 1968". However, the Continental Shelf (Living Natural Resources) Act 1968 has been repealed and replaced by the Fisheries Management Act 1991.
The amending Regulations have amended regulation 4 of the Regulations to replace the reference to the Continental Shelf (Living Natural Resources) Act 1968 with a reference to the Fisheries Management Act 1991.
The amending Regulations also re-named the Regulations as the Marine Navigation Levy Collection Regulations 1990, in line with modern drafting pratice.
Details of the amending Regulations are set out in the Attachment.
The Act specifies no conditions that need to be met before the power to make the Regulations may be exercised.
The amending Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
No formal consultation was undertaken in relation to these amendments as they are of a minor or machinery nature and do not substantially alter existing arrangements.
The amending Regulations commenced on the day after registration on the Federal Register of Legislative Instruments.
DETAILS OF THE MARINE NAVIGATION LEVY COLLECTION AMENDMENT REGULATIONS 2006 (NO. 1)
Regulation 1 – Name of Regulations
Regulation 1 is a formal provision specifying the name of the amending Regulations.
Regulation 2 – Commencement
Regulation 2 provides that the amending Regulations commenced the day after registration on the Federal Register of Legislative Instruments.
Regulation 3 – Amendment of Marine Navigation Levy Collection Regulations
Regulation 3 provides that Schedule 1 amends the Marine Navigation Levy Collection Regulations.
SCHEDULE 1 - AMENDMENTS
Item 1 – This item re-named the Regulations as the Marine Navigation Levy Collection Regulations 1990.
Item 2 – This item amended paragraph 4(d) of the Regulations to replace the reference to the Continental Shelf (Living Natural Resources) Act 1968 with a reference to the Fisheries Management Act 1991.
Overview
The Marine Navigation Levy Collection Amendment Regulations 2006 (No. 1) were enacted to update the existing Marine Navigation Levy Collection Regulations 1990 in light of the repeal of the Continental Shelf (Living Natural Resources) Act 1968 and its replacement with the Fisheries Management Act 1991. This amendment ensures that the regulatory framework aligns with the current legislative environment, maintaining the integrity and relevance of the regulations. The Marine Navigation Levy Collection Act 1989, administered by the Parliament of Australia, aims to facilitate the collection of a levy on commercial ships over 24 metres using Australian ports, with specific exemptions that are now correctly referenced in the updated regulations. These amendments are a response to the structural changes in fisheries legislation, ensuring that the process for levy collection remains legally sound and effective.
Scope and Application
The Marine Navigation Levy Collection Act 1989 applies to commercial ships of 24 metres and over that use Australian ports, imposing a levy to recover the costs of operating the marine aids to navigation system. This Act does not apply to "exempt" ships, which are defined by regulations as ships declared exempt under the Act. The Marine Navigation Levy Collection Amendment Regulations 2006 (No. 1) amended these regulations by updating a reference to the repealed Continental Shelf (Living Natural Resources) Act 1968 to the Fisheries Management Act 1991, and also renamed the regulations to align with modern drafting practices. These regulations, being legislative instruments under the Legislative Instruments Act 2003, commenced the day after their registration on the Federal Register of Legislative Instruments. The changes were minor and did not require formal consultation as they did not substantially alter existing arrangements.
Key Provisions
The primary operative sections of the Marine Navigation Levy Collection Amendment Regulations 2006 (No. 1) concern the updating and renaming of the existing Marine Navigation Levy Collection Regulations 1990. Regulation 1 formally names these amending regulations, while Regulation 2 sets the commencement date as the day after registration on the Federal Register of Legislative Instruments. Regulation 3 specifies that Schedule 1 contains the amendments to the existing Regulations. The most significant amendment, found in Schedule 1 Item 2, modifies paragraph 4(d) of the Regulations by replacing a reference to the Continental Shelf (Living Natural Resources) Act 1968 with a reference to the Fisheries Management Act 1991. This change ensures the Regulations remain consistent with current legislative frameworks.
The Act and the Regulations impose obligations on commercial ship operators who use Australian ports. Specifically, ships of 24 metres and over must pay the marine navigation levy, which is designed to recover the costs of maintaining Australia's marine aids to navigation system. However, certain ships are exempt from this levy. Under the amended Regulations, ships only engaged in fishing or searching for, or taking, sedentary organisms as defined by the Fisheries Management Act 1991 are exempt. Ship operators must ensure their vessels meet the criteria for exemption if applicable, and they should maintain records that can substantiate their exemption claims if required.
Breach of the provisions within the Marine Navigation Levy Collection Act 1989 and the amended Regulations can lead to various consequences. The Act does not explicitly detail specific offences or penalties for non-compliance within the explanatory statement provided. However, under the general legal framework, non-compliance with such regulations could result in enforcement actions, including fines or legal proceedings. The precise penalties would depend on the specific nature and severity of the breach, as well as any relevant case law or subsequent legislative amendments.