Marine Navigation (Regulatory Functions) Levy Collection Amendment Regulations 2009 (No. 1)

Overview

The Marine Navigation (Regulatory Functions) Levy Collection Act 1991 was enacted to address the need for funding the safety and environmental regulation and surveillance of the shipping industry in Australian waters. This Act enables the collection of a regulatory functions levy from ship owners to support the seaworthiness and safe operation of ships. Under the authority of the Minister for Infrastructure, Transport, Regional Development and Local Government, the Marine Navigation (Regulatory Functions) Levy Collection Amendment Regulations 2009 (No. 1) were introduced to enhance the levy collection process by allowing electronic funds transfer for levy payments, thereby facilitating ease of payment for ship owners and agents. This amendment reflects modern drafting practices and is intended to streamline the regulatory functions without substantially altering the existing arrangements. The policy objective behind these amendments is to ensure efficient and convenient payment mechanisms that support the effective administration of maritime safety and environmental regulations.

Scope and Application

The Marine Navigation (Regulatory Functions) Levy Collection Amendment Regulations 2009 (No. 1) serve to refine and modernise the administrative framework established under the Marine Navigation (Regulatory Functions) Levy Collection Act 1991. The Act itself is designed to ensure the collection of a levy that finances the regulatory functions essential for the safety and environmental oversight of the shipping industry within Australian waters. This levy is applicable to specified ships, which are obligated to remit the levy to a Collector at the beginning of each quarter. The Act extends its reach to all persons or entities owning or operating these ships within the jurisdiction of Australia, thereby encompassing a broad spectrum of maritime activities. The regulatory scope is designed to ensure compliance with maritime safety and environmental standards, thus protecting the maritime domain from potential hazards posed by non-compliant vessels. The amending Regulations, while minor in nature, introduce electronic funds transfer as a means of levy payment, facilitating ease of transaction for ship owners and their agents. These Regulations do not alter the substantive obligations of the Act but streamline the procedural aspects of levy collection.

Key Provisions

The Marine Navigation (Regulatory Functions) Levy Collection Amendment Regulations 2009 (No. 1) amend the original 1991 regulations by introducing new payment methods for the regulatory functions levy, as allowed under section 11 of the Marine Navigation (Regulatory Functions) Levy Collection Act 1991. These amendments enable ship owners and agents to pay the levy to the Collector not only in person or by post, but also via electronic funds transfer, as specified in subsection 7(4)(c) of the Act. This facilitates a more convenient and efficient method of payment for those liable under the Act. Furthermore, the regulations rename the original Principal Regulations to the Marine Navigation (Regulatory Functions) Levy Collection Regulations 1991, aligning with modern drafting practices. Under these Regulations, parties or entities governed by the Act, including ship owners and agents, are required to pay the regulatory functions levy to the Collector as specified in section 6. This levy is due on the first day of each quarter, ensuring a consistent and timely funding mechanism for the safety and environmental regulation and surveillance of the shipping industry. The Regulations also stipulate that the levy must be paid to a Collector, with the new provision allowing electronic funds transfer as a means of payment. This change is intended to streamline the process and reduce administrative burdens for those making payments. Failure to comply with the requirements set out in these Regulations may result in various consequences. While the Regulations do not explicitly outline specific offences or penalties for non-compliance, it is reasonable to infer that breaches of the Act could lead to civil or criminal penalties as prescribed by the parent Act. The Act itself may impose fines or other penalties for non-compliance, and continued failure to pay the levy could potentially affect the seaworthiness and safe operation of ships in Australian waters, leading to broader regulatory or enforcement actions. The exact penalties would depend on the specific provisions of the Act and any relevant case law.