Marine Navigation Levy Regulations (Amendment) 1998 No. 11
EXPLANATORY STATEMENT
STATUTORY RULES 1998 NO. 11
Issued by the Authority of the Minister for Workplace Relations and Small Business
Marine Navigation Levy Act 1989
Marine Navigation Levy Regulations (Amendment)
Subsection 7(2) of the Marine Navigation Levy Act 1989 as amended by regulation 4 of the Marine Navigation Levy Regulations prescribes the following rates of levy:
(a) 42 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;
33.5 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) 12.5 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) 5.5 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.
The regulation reduces the incremental rate applied to all vessels over 5,000 tons by reducing the amount of 33.5 cents prescribed under paragraph 7(2)(b) to 30 cents. For vessels less than 5,000 tons the rate of levy is unchanged. It is estimated that the reduction will represent a continuing saving to the shipping industry of about $1.66 million per annum.
Details of the regulations are:
Regulation 1 provides that the regulations commence on 11 February 1998.
Regulation 2 provides for amendment of the regulations as set out in regulation 3.
Regulation 3 provides for the incremental amount of levy prescribed in subregulation 4(2) to be reduced for ships over 5,000 tons.
Overview
The Marine Navigation Levy Regulations (Amendment) 1998 No. 11, issued under the authority of the Minister for Workplace Relations and Small Business, were enacted to amend the existing Marine Navigation Levy Regulations 1989. This legislative amendment was introduced to address the need for adjustments in the levy rates applied to ships of varying tonnages, with a focus on providing financial relief to the shipping industry. The amendment specifically targets the incremental rates for vessels over 5,000 tons by reducing the levy rate from 33.5 cents to 30 cents per ton, while maintaining the unchanged rate for vessels under 5,000 tons. The anticipated outcome of this amendment is a continuing annual saving of approximately $1.66 million for the shipping sector. This adjustment aims to alleviate some financial burden on the industry while ensuring the regulatory framework remains effective and up-to-date.
Scope and Application
The Marine Navigation Levy Regulations (Amendment) 1998 No. 11 applies to vessels navigating Australian waters and subject to the levy under the Marine Navigation Levy Act 1989. It specifically targets ships with a tonnage greater than 5,000 tons, modifying the prescribed rates of the levy to reduce the incremental rate for vessels over this tonnage. The amendment does not alter the levy rate for vessels under 5,000 tons. Geographically, the application of these regulations is confined to Australian waters and any vessels subject to the Act within this jurisdiction. There are no stated exclusions or exemptions within the text, and the regulations themselves extend the application of the Marine Navigation Levy Act by modifying the prescribed rates. The regulation's commencement date is 11 February 1998, as outlined in Regulation 1, with the substantive changes detailed in Regulation 3.
Key Provisions
The primary operative sections of the Marine Navigation Levy Regulations (Amendment) 1998 No. 11 are Regulation 3 and subregulation 4(2). Regulation 3 specifies the amendments to the existing levy rates for vessels based on their tonnage, while subregulation 4(2) details the specific incremental reductions in the levy rates. According to Regulation 3, the amendment reduces the incremental rate applied to all vessels over 5,000 tons, lowering the rate from 33.5 cents to 30 cents. This reduction applies to vessels with a tonnage greater than 5,000 tons but not more than 20,000 tons. For vessels under 5,000 tons, the levy rate remains unchanged.
The amended regulations impose specific obligations and requirements on the parties involved, primarily the shipping industry and the Australian government. The shipping industry is required to comply with the updated levy rates as prescribed by the amended regulations. This includes accurately calculating the applicable levy based on the vessel’s tonnage and ensuring that the correct amount is paid to the relevant authorities. The government, through the Minister for Workplace Relations and Small Business, is responsible for issuing and enforcing these regulations to ensure compliance. The Minister must also ensure that the savings estimated to result from these changes are accurately reflected in the industry's financial obligations.
Failure to comply with the Marine Navigation Levy Regulations (Amendment) 1998 No. 11 may result in civil or criminal consequences. While the specific penalties are not detailed within the explanatory statement, it is implied that non-compliance could lead to fines or other penalties as prescribed by the Marine Navigation Levy Act 1989. The exact penalties would depend on the nature and severity of the breach, as outlined in the broader legislative framework. The reduction in levy rates is expected to provide a significant saving to the shipping industry, but it is crucial for all parties to adhere to the updated regulations to avoid any legal repercussions.