Marine Navigation Levy Regulations (Amendment)

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Marine Navigation Levy Regulations (Amendment) 1993 No. 162

EXPLANATORY STATEMENT

STATUTORY RULES 1993 No. 162

Issued by authority of the Minister for Transport and communications

Marine Navigation Levy Act 1989

Marine Navigation Levy Regulations (Amendment)

Marine Navigation (Regulatory Functions) Levy Act 1991

Marine Navigation (Regulatory Functions) Levy Regulations (Amendment)

Subsection 8(1) of the Marine Navigation Levy Act 1989 (the Levy Act) provides that the Governor-General may make regulations for the purposes of subsection 7(2) of the Levy Act.

Subsection 6(1) of the Marine Navigation Levy Collection Act 1989 provides that a levy is payable on the first day of each quarter in respect of a sea-going ship, other than a ship declared by the regulations to be exempt. The rate of the levy is set out in subsection 7(2) of the Levy Act which provides that the rate in relation to a ship is:

(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.

The above rates of the levy were reduced to 59 and 54 cents, 50 and 43 cents, 40 and 30 cents and 31 and 19 cents, with effect from 1 July 1991 by Statutory Rules 1991, No 153 and 1 July 1992 by Statutory Rules 1992, No 199 respectively.

The amendments to the Marine Navigation Levy Regulations will further reduce the rates of the levy to 48 cents, 40 cents, 30 cents and 15 cents respectively. The reduced rates reflect the reduced costs of providing modern navigational services.

Subsection 8(1) of the Marine Navigation (Regulatory Functions) Levy Act 1991 (the Regulatory Functions Act) provides that the Governor-General may make regulations for the purposes of subsection 7(2) of the Regulatory Functions Act.

Subsection 5(1) of the Marine Navigation (Regulatory Functions) Levy Collection Act 1991 provides that a levy is payable on the first day of each quarter in respect of a seagoing ship, other than a ship declared by the regulations to be exempt. The rate of the levy is set out in subsection 7(2) of the Regulatory Functions Act which provides that the rate in relation to a ship is:

(a)       4 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)       3 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)       3 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)       2 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 above rates of the levy were increased to 9 cents, 7 cents, 7 cents and 6 cents with effect from 1 July 1992 by Statutory Rules 1991 No 152.

The Marine Navigation (Regulatory Functions) Levy Regulations will increase the rates of the levy to 13 cents, 13 cents, 12 cents and 11 cents respectively with effect from 30 June 1993. The increases will complete the phasing-in of cost recovery for the marine regulatory activities undertaken by the Australian Maritime safety Authority and will also provide additional revenue to fund increased inspections of foreign ships in Australian ports necessitated by the recent spate of shipping losses.

The combined effect of the changes to the two levies is:

(a)       the first 5,000 tons, down 2 cents;

(b)       for each ton between 5,000 and 20,000 tons an increase of 3 cents;

(c)       for each ton between 20,000 and 50,000 tons - an increase of 5 cents;

(d)       for each ton over 50,000 tons an increase of 1 cent.

 

Overview

The Marine Navigation Levy Regulations (Amendment) 1993 No. 162, enacted by the Australian Government under the authority of the Minister for Transport and Communications, amends the rates of the Marine Navigation Levy and the Marine Navigation (Regulatory Functions) Levy. The primary objective of this legislative amendment is to reflect the changing costs associated with providing modern navigational services and to ensure that the levies collected adequately fund the regulatory activities of the Australian Maritime Safety Authority. The Marine Navigation Levy, established under the Marine Navigation Levy Act 1989, imposes a financial obligation on sea-going ships to support the provision of marine navigation services, while the Marine Navigation (Regulatory Functions) Levy, under the Marine Navigation (Regulatory Functions) Levy Act 1991, aims to cover the costs associated with marine regulatory activities, including increased inspections of foreign ships in Australian ports. The amendments to these levies are designed to balance the reduced costs of service provision with the need for adequate funding to maintain safety and regulatory standards in Australian maritime operations.

Scope and Application

The Marine Navigation Levy Regulations (Amendment) 1993 No. 162 amends the Marine Navigation Levy Regulations under the Marine Navigation Levy Act 1989 and the Marine Navigation (Regulatory Functions) Levy Regulations under the Marine Navigation (Regulatory Functions) Levy Act 1991. These regulations apply to sea-going ships operating in Australian waters, excluding those declared exempt by the regulations. The amendments reduce the rates of the Marine Navigation Levy for ships with varying tonnages, reflecting the decreased costs of providing modern navigational services. Simultaneously, the amendments increase the rates of the Marine Navigation (Regulatory Functions) Levy to complete the cost recovery for marine regulatory activities and to fund additional inspections of foreign ships in Australian ports. The changes to the levies are effective from 1 July 1993 and 30 June 1993 respectively. The combined effect of these amendments results in slight reductions in the levy for the first 5,000 tons of a ship's tonnage and increases for higher tonnages, with the purpose of aligning the levy rates with current operational costs and the need for increased maritime safety measures.

Key Provisions

The Marine Navigation Levy Regulations (Amendment) 1993 No. 162, pursuant to subsection 8(1) of the Marine Navigation Levy Act 1989 (the Levy Act), provides for amendments to the rates of the levy applicable to sea-going ships. Under subsection 6(1) of the Marine Navigation Levy Collection Act 1989, a levy is imposed on the first day of each quarter for sea-going ships, except those declared exempt by regulations. The amendment to the regulations reduces the levy rates to 48 cents for each of the first 5,000 tons, 40 cents for each ton between 5,000 and 20,000 tons, 30 cents for each ton between 20,000 and 50,000 tons, and 15 cents for each ton over 50,000 tons. These reductions are intended to reflect the reduced costs of providing modern navigational services. The amendment to the Marine Navigation (Regulatory Functions) Levy Regulations, pursuant to subsection 8(1) of the Marine Navigation (Regulatory Functions) Levy Act 1991, adjusts the rates of the regulatory functions levy. According to subsection 5(1) of the Marine Navigation (Regulatory Functions) Levy Collection Act 1991, a levy is payable on the first day of each quarter for sea-going ships, excluding those declared exempt by regulations. The amendment increases the rates of the levy to 13 cents for each of the first 5,000 tons, 13 cents for each ton between 5,000 and 20,000 tons, 12 cents for each ton between 20,000 and 50,000 tons, and 11 cents for each ton over 50,000 tons. This adjustment aims to complete the phasing-in of cost recovery for marine regulatory activities and fund increased inspections of foreign ships in Australian ports. Ship owners and operators subject to the Marine Navigation Levy Regulations and the Marine Navigation (Regulatory Functions) Levy Regulations are obligated to pay the applicable levies as per the amended rates. They must ensure that the levy is paid by the specified due date to comply with the legislative requirements. Non-compliance may lead to financial penalties and legal consequences. The Marine Navigation Levy Regulations (Amendment) 1993 No. 162 also includes provisions for potential offences, penalties, and civil or criminal consequences for non-compliance. Failure to pay the levy as required may result in penalties, including fines, as stipulated by the respective Acts. The precise penalties are not detailed in the explanatory statement but would typically be outlined in the primary legislation.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.