Marine Navigation Levy Regulations (Amendment) 1994 No. 206
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 206
Issued by authority of the Minister for Transport
Marine Navigation Levy Act 1989
Marine Navigation Levy Regulations (Amendment)
Subsection 7(2) of the Marine Navigation Levy Act 1989 (the Act) provides:
For the purposes of this Act, each of the following rates is a levy rate in relation to a ship:
(a) 63 cents, or such other amount (if any) as is from time to time prescribed, for each of the first 5,000 tons of the ship's tonnage;
(b) 53 cents, or such other amount (if any) as is from time to time prescribed, for each ton by which the ship's tonnage is more than 5,000 tons but not more than 20,000 tons;
(c) 43 cents, or such other amount (if any) as is from time to time prescribed, for each ton by which the ship's tonnage is more than 20,000 tons but not more than 50,000 tons;
(d) 33 cents, or such other amount (if any) as is from time to time prescribed, for each ton by which the ship's tonnage is more than 50,000 tons.
Regulation 4 of the Marine Navigation Levy Regulations (S.R. 1991 No. 153 as amended by 1992 No. 199 and 1993 No. 162) provides:
4. (1) For the purposes of paragraph 7 (2)(a) of the Act, 48 cents is prescribed.
(2) For the purposes of paragraph 7 (2)(b) of the Act, 40 cents is prescribed.
(3) For the purposes of paragraph 7 (2)(c) of the Act, 30 cents is prescribed.
(4) For the purposes of paragraph 7 (2)(d) of the Act, 15 cents is prescribed.
The regulation reduces the prescribed amounts to 45 cents, 36 cents, 27 cents and 12 cents respectively, reflecting the reduced costs of providing modern navigational aids. It is estimated that the lower charges will save the shipping industry about $3 million per annum.
Overview
The Marine Navigation Levy Regulations (Amendment) 1994 No. 206 was enacted to amend the Marine Navigation Levy Regulations under the Marine Navigation Levy Act 1989. This amendment was introduced to address the need to align the levy rates with the reduced costs of providing modern navigational aids. The enacting body was the Parliament of Australia, and the policy objective was to ensure that the levies imposed on ships are reflective of the current costs associated with maintaining and improving navigational facilities. The regulation reduces the prescribed levy rates to 45 cents, 36 cents, 27 cents, and 12 cents respectively for different tonnage brackets of ships, aiming to achieve cost savings of approximately $3 million per annum for the shipping industry.
Scope and Application
The Marine Navigation Levy Regulations (Amendment) 1994 No. 206 pertains to the amendment of the Marine Navigation Levy Regulations 1991, which are subsidiary legislation under the Marine Navigation Levy Act 1989. This Act applies to ships that navigate Australian waters and are subject to the imposition of a levy based on their tonnage. The Act specifically targets the shipping industry, imposing a financial obligation on ship operators based on the vessel's tonnage. The amendments made by the 1994 Regulations adjust the previously prescribed levy rates downward to reflect modernised navigational aids and their associated costs. The reduced rates are designed to decrease the financial burden on the shipping industry while still ensuring that the necessary funds are raised for the provision of navigational aids. The amendment applies nationally, covering all ships that fall under the Act's purview, irrespective of state or territory boundaries. The Act does not specify any exclusions or exemptions, meaning all qualifying ships are subject to the levy. However, the Act allows for the levy rates to be further adjusted via subordinate instruments, providing flexibility to respond to changes in cost structures or other relevant factors.
Key Provisions
The Marine Navigation Levy Regulations (Amendment) 1994 No. 206 primarily amend the prescribed rates for the marine navigation levy under the Marine Navigation Levy Act 1989. Section 7(2) of the Act sets out the levy rates for ships based on their tonnage, while Regulation 4 of the Marine Navigation Levy Regulations prescribes the specific amounts for each tonnage bracket. The amendment reduces these prescribed amounts, reflecting the decreased costs associated with modern navigational aids. The specific reductions are from 48 cents to 45 cents for the first 5,000 tons, from 40 cents to 36 cents for tonnage between 5,000 and 20,000 tons, from 30 cents to 27 cents for tonnage between 20,000 and 50,000 tons, and from 15 cents to 12 cents for tonnage exceeding 50,000 tons.
The obligations imposed on parties by these regulations primarily revolve around compliance with the amended levy rates. Ship owners, operators, or relevant entities must ensure that they pay the revised levy rates as prescribed by the amended Regulation 4. This involves calculating the levy based on the new rates for the ship's tonnage and ensuring timely payment to the relevant authorities. The reduced levy rates necessitate adjustments in the financial planning and budgeting processes of shipping companies to account for the lower charges.
Failure to comply with the amended levy rates could lead to civil or criminal consequences. While the specific offences and penalties are not detailed in the explanatory statement, it is implied that non-compliance with statutory financial obligations could attract penalties under the Marine Navigation Levy Act 1989. Typically, such penalties could include fines, which could vary based on the severity and frequency of the breach. In more serious cases, criminal charges might be applicable, leading to potential imprisonment, reflecting the seriousness with which the law treats non-compliance with financial obligations.