Marine Navigation (Regulatory Functions) Levy Amendment Regulations 2001 (No. 1) 2001 No. 148
EXPLANATORY STATEMENT
STATUTORY RULES 2001 No. 148
Issued by the Authority of the Minister for Transport and Regional Services
Marine Navigation (Regulatory Functions) Levy Act 1991
Marine Navigation (Regulatory Functions) Levy Amendment Regulations 2001 (No. 1)
The Marine Navigation (Regulatory Functions) Levy is imposed on trading ships using Australian ports to recover the costs of safety and regulatory functions undertaken on behalf of the Commonwealth by the Australian Maritime Safety Authority (the Authority).
Subsection 8(1) of the Marine Navigation (Regulatory Functions) Levy Act 1991 (the Act) provides that the Governor-General may make regulations for the purposes of subsection 7(2) of the Act which provides for the amount of levy to be paid, calculated on the ship's tonnage.
Regulation 4 of the Marine Navigation (Regulatory Functions) Levy Regulations 1992 prescribes the following rates of levy:
(a) 18.5 cents for each of the first 5,000 tons of the ship's tonnage (paragraph 7(2)(a) of the Act);
(b) 18 cents for each ton by which the ship's tonnage is more than 5,000 tons but not more than 20,000 tons (paragraph 7(2)(b) of the Act);
(c) 15.5 cents for each ton by which the ship's tonnage is more than 20,000 tons but not more than 50,000 tons (paragraph 7(2)(c));
(d) 14 cents for each ton by which the ship's tonnage is more than 50,000 tons (paragraph 7(2)(d) of the Act.
The purpose of the Regulations is to amend the Marine Navigation (Regulatory Functions) Levy Regulations to increase the rate of levy.
The amendments provide for an increase of approximately 10 per cent in the Marine Navigation (Regulatory Functions) Levy charged on ships from 1 July 2001. There is a corresponding decrease in the Marine Navigation Levy of approximately 10 per cent.
This adjustment enables funds allocated to the provision of a coastal radio service and other regulatory activities of the Authority to be more appropriately sourced from the Marine Navigation (Regulatory Functions) Levy rather than from the Marine Navigation Levy. The latter is intended to fund the provision of marine aids to navigation. The adjustment between the levies will not result in any change to the combined cost to industry and follows on from previous changes to the levies occurring in 1998 and 1999.
Details of the Regulations are:
Regulation 1 provides that the regulations are named the Marine Navigation (Regulatory Functions) Levy Amendment Regulations 2001 (No. 1).
Regulation 2 provides that the regulations commence on 1 July 2001.
Regulation 3 provides that Schedule 1 amends the Marine Navigation (Regulatory Functions) Levy Regulations 1992.
Schedule 1 increases the amounts of levy in regulation 4 as follows: for paragraph 7(2)(a) of the Act from 18.5 cents to 20.5 cents for paragraph 7(2)(b) of the Act from 18 cents to 20 cents for paragraph 7(2)(c) of the Act from 15.5 cents to 17 cents for paragraph 7(2)(d) of the Act from 14 cents to 15.5 cents.
Overview
The Marine Navigation (Regulatory Functions) Levy Amendment Regulations 2001 (No. 1) were introduced to address the need for updating the rates of the levy imposed on trading ships using Australian ports. Enacted by the Parliament of Australia, these regulations aim to align the funding of regulatory functions undertaken by the Australian Maritime Safety Authority with the changing costs associated with maintaining maritime safety and navigational aids. Specifically, the regulations aim to increase the Marine Navigation (Regulatory Functions) Levy by approximately 10 per cent, which will help ensure that the costs of these services are more appropriately sourced from the levy rather than from other funding streams. This amendment follows similar adjustments made in 1998 and 1999, ensuring a balanced approach to funding without increasing the overall financial burden on industry.
Scope and Application
The Marine Navigation (Regulatory Functions) Levy Amendment Regulations 2001 (No. 1) apply to trading ships using Australian ports, with the primary purpose of adjusting the rate of the Marine Navigation (Regulatory Functions) Levy to ensure that funds allocated for the Australian Maritime Safety Authority’s (AMSA) safety and regulatory functions are appropriately sourced. These regulations amend the existing Marine Navigation (Regulatory Functions) Levy Regulations 1992 to increase the levy rates by approximately 10% effective from 1 July 2001. The levy is calculated based on the ship's tonnage, with different rates applied to varying tonnage brackets, and this adjustment ensures that the costs for regulatory activities are adequately covered by the levy rather than by the Marine Navigation Levy, which funds marine aids to navigation. The Regulations thus apply nationally across Australia, impacting all trading ships that dock in Australian ports, without specific exclusions noted in the explanatory statement.
Key Provisions
The Marine Navigation (Regulatory Functions) Levy Amendment Regulations 2001 (No. 1) make amendments to the existing Marine Navigation (Regulatory Functions) Levy Regulations 1992 (subsection 8(1) of the Marine Navigation (Regulatory Functions) Levy Act 1991). These regulations adjust the rates of the levy imposed on trading ships using Australian ports. Specifically, Regulation 3 in Schedule 1 increases the levy rates as follows: from 18.5 cents to 20.5 cents for each of the first 5,000 tons of the ship's tonnage (paragraph 7(2)(a) of the Act), from 18 cents to 20 cents for each ton by which the ship's tonnage is more than 5,000 tons but not more than 20,000 tons (paragraph 7(2)(b) of the Act), from 15.5 cents to 17 cents for each ton by which the ship's tonnage is more than 20,000 tons but not more than 50,000 tons (paragraph 7(2)(c)), and from 14 cents to 15.5 cents for each ton by which the ship's tonnage is more than 50,000 tons (paragraph 7(2)(d) of the Act).
The obligations under these regulations primarily affect ship owners and operators. They must ensure compliance with the updated levy rates when their ships use Australian ports from the commencement date of 1 July 2001 (Regulation 2). This involves calculating the new levy based on their ship's tonnage and ensuring that the correct amount is paid to the Australian Maritime Safety Authority (AMSA). Failure to comply with these updated rates can lead to financial discrepancies and potential legal consequences.
The regulations do not explicitly outline offences, penalties, or consequences for non-compliance within the provided text. However, given the nature of the levy and the statutory context, non-compliance could likely result in financial penalties or other enforcement actions by AMSA. Historically, such breaches may have led to fines or other administrative actions to recover unpaid levies and ensure regulatory compliance. It is important for ship owners and operators to remain aware of these obligations to avoid any potential repercussions.