Marine Navigation Levy Regulations (Amendment)

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Legislation au F1996B01784 Regulations Not in force Legislative Instrument

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Marine Navigation Levy Regulations (Amendment) 1992 No. 199

EXPLANATORY STATEMENT

STATUTORY RULES 1992 No. 199

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

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.

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 cents, 50 cents, 40 cents and 31 cents respectively, with effect from 1 July 1991 by Statutory Rules 1991, No. 153.

The amendments to the Marine Navigation Levy Regulations further reduce the rates of the levy to 54 cents, 43 cents, 30 cents and 19 cents respectively, with effect from 1 July 1992. 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.

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 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 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 Marine Navigation (Regulatory Functions) Levy Regulations increase the rates of the levy to 9 cents, 7 cents, 7 cents and 6 cents respectively, with effect from 1 July 1992. The increases partly implement the second stage of the phasing-in of cost recovery for marine regulatory activities undertaken by the Australian Maritime Safety Authority and partly 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 2 levies is:

(a)       the first 5,000 tons - no change;

(b)       for each ton between 5,000 and 20,000 tons - a decrease of 3 cents;

(c)       for each ton between 20,000 and 50,000 tons - a decrease of 6 cents;

(d)       for each ton over 50,000 tons - a decrease of 8 cents.

 

Overview

The Marine Navigation Levy Regulations (Amendment) 1992 No. 199, issued under the authority of the Minister for Transport and Communications, amends the rates of the marine navigation levy imposed under the Marine Navigation Levy Act 1989 and the Marine Navigation (Regulatory Functions) Levy Act 1991. This legislative amendment was enacted to reflect the reduced costs of providing modern navigational services and to facilitate the second stage of the phasing-in of cost recovery for marine regulatory activities. The changes to the levy rates, effective from 1 July 1992, are intended to align with the evolving operational costs and ensure that the Australian Maritime Safety Authority has the necessary resources to conduct increased inspections of foreign ships in Australian ports in light of recent shipping incidents.

Scope and Application

The Marine Navigation Levy Regulations (Amendment) 1992 No. 199 applies to sea-going ships, excluding those declared exempt by regulations, within the Commonwealth of Australia. The regulations amend the rates of the levy payable under the Marine Navigation Levy Act 1989 and the Marine Navigation (Regulatory Functions) Levy Act 1991. The levy is calculated based on the ship's tonnage, with different rates applied to various tonnage brackets. The amendments made in 1992 further reduce the rates of the levy to reflect reduced costs of providing modern navigational services and to implement the second stage of the phasing-in of cost recovery for marine regulatory activities. The changes also provide additional revenue to fund increased inspections of foreign ships in Australian ports. The combined effect of the amendments results in decreased levy rates for certain tonnage brackets, while maintaining the rate for the first 5,000 tons. These regulations extend the application of the Acts through subordinate instruments, allowing for the adjustment of levy rates and the continued funding of maritime safety and regulatory activities.

Key Provisions

The key provisions of the Marine Navigation Levy Regulations (Amendment) 1992 No. 199 involve amendments to the rates of levies on sea-going ships. Under section 8(1) of the Marine Navigation Levy Act 1989, the Governor-General has the authority to make regulations that specify the rates of the levy. The Act sets a progressive rate structure based on the ship’s tonnage, which has been adjusted to reflect reduced costs of providing modern navigational services. The amended rates, effective from 1 July 1992, reduce the levy to 54 cents for the first 5,000 tons, 43 cents for each ton between 5,000 and 20,000 tons, 30 cents for each ton between 20,000 and 50,000 tons, and 19 cents for each ton over 50,000 tons. The Marine Navigation Levy Regulations (Amendment) 1992 No. 199 imposes obligations on ship owners and operators to ensure compliance with the new levy rates. These parties must calculate the levy payable based on the ship’s tonnage and make the payment on the first day of each quarter. The regulations also require the Australian Maritime Safety Authority to oversee the collection of these levies and to ensure that all applicable ships are correctly assessed and billed. Furthermore, ship owners must maintain accurate records of their ship’s tonnage to facilitate proper levy calculations. Failure to comply with the new levy rates as specified in the amended regulations may result in civil or criminal consequences. While the specific penalties are not detailed in the explanatory statement, breaches of maritime legislation typically attract fines under the relevant Acts. For instance, non-compliance with the Marine Navigation Levy Act 1989 may lead to penalties as prescribed by the Act, which can include financial penalties and potential legal action. The exact penalties would be determined based on the nature and severity of the breach.

Legal classification tags

Area of Law
Maritime Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Levy Rates

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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.