EXPLANATORY STATEMENT
Select Legislative Instrument 2009 No. 9
Issued under the authority of the Minister for Infrastructure, Transport, Regional Development and Local Government
Marine Navigation Levy Collection Act 1989
Marine Navigation Levy Collection Amendment Regulations 2009 (No. 1)
The Marine Navigation Levy Collection Act 1989 (the Act) provides for the collection of the marine navigation levy which funds the maintenance and management of Australia’s national network of aids to navigation.
Section 12 of the Act provides that the Governor‑General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Section 7 of the Act provides that the marine navigation levy is payable in respect of specified ships on the first day of each quarter. Subsection 8(4) provides that the levy, which must be paid to a Collector of Customs, may be paid:
(a) personally; or
(b) by post addressed to the Collector; or
(c) as otherwise prescribed.
The amending Regulations provide that, for purposes of paragraph 8(4)(c) of the Act, payment of the marine navigation levy to the Collector may be made by electronic funds transfer. This will facilitate the payment of the levy by ship owners and agents.
The amending Regulations also correct a spelling error.
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 they were registered on the Federal Register of Legislative Instruments.
Overview
The Marine Navigation Levy Collection Amendment Regulations 2009 (No. 1) were enacted to amend the Marine Navigation Levy Collection Act 1989. This legislation was introduced to address the need for more efficient and modern methods of levy collection to support the maintenance and management of Australia's aids to navigation network. The regulations were enacted by the Governor-General under the authority of the Minister for Infrastructure, Transport, Regional Development and Local Government. The primary policy objective of these amendments was to facilitate easier and more convenient payment options for ship owners and agents, thereby improving compliance and administrative efficiency. Specifically, the amendments allow for the electronic funds transfer of the marine navigation levy to a Collector of Customs, supplementing the existing payment methods of personal payment or payment by post. Additionally, the amendments correct a minor spelling error within the Act, ensuring clarity and precision in the legislative text. These amendments are considered minor and of a machinery nature, thus they did not require formal consultation prior to enactment.
Scope and Application
The Marine Navigation Levy Collection Amendment Regulations 2009 (No. 1) amends the Marine Navigation Levy Collection Regulations to facilitate the payment of the marine navigation levy by electronic funds transfer. This change is intended to streamline the payment process for ship owners and their agents, enhancing efficiency in the collection of the levy. The Act itself applies to specified ships and the entities responsible for their operation, ensuring that those who benefit from Australia’s aids to navigation contribute to their maintenance and management. The geographic scope of the Act is national, as it pertains to the entire Australian territory and its aids to navigation network. The levy is payable by ship owners and agents as stipulated in the Act and regulations, with the payment methods now including electronic funds transfer as per the amending Regulations. These amendments do not introduce any new exclusions, exemptions, or thresholds, but rather refine the existing payment mechanisms. The Regulations themselves are subordinate instruments that extend the application of the Act by providing additional means of levy payment, while also correcting a minor spelling error.
Key Provisions
The Marine Navigation Levy Collection Amendment Regulations 2009 (No. 1) provide key amendments to the existing regulatory framework under the Marine Navigation Levy Collection Act 1989 (the Act). Section 8(4) of the Act allows for the levy to be paid by various methods, including electronically. These Regulations introduce electronic funds transfer as an additional method for making these payments, as specified in paragraph 8(4)(c). This amendment facilitates ease of payment for ship owners and agents, providing them with an alternative to personal or postal payments to the Collector of Customs.
The Regulations impose specific obligations on ship owners and agents responsible for paying the marine navigation levy. They must now ensure that the levy is paid electronically, in accordance with the prescribed methods, on the first day of each quarter, as stipulated in section 7 of the Act. This requirement aims to streamline the payment process and ensure timely and accurate remittance of the levy, which is essential for funding the maintenance and management of Australia's national network of aids to navigation.
Failure to comply with the obligations set forth in the Regulations may result in penalties or other consequences. While the Regulations themselves do not explicitly state penalties for non-compliance, breaches of the Marine Navigation Levy Collection Act 1989 could potentially lead to fines or other enforcement actions. The Act provides that the levy is payable on the first day of each quarter, and any failure to meet this requirement could be subject to the penalties outlined in the primary Act, which may include financial penalties or other legal repercussions. The exact penalties would be determined in accordance with the provisions of the primary Act and any relevant case law.