Marine Navigation (Regulatory Functions) Levy Regulations 1992
Statutory Rules 1992 No. 198 as amended
made under the
Marine Navigation (Regulatory Functions) Levy Act 1991
This compilation was prepared on 1 July 2004
taking into account amendments up to SR 2004 No. 136
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
1 Name of regulations [see Note 1]
2 Commencement
3 Interpretation
4 Amount of levy
Notes
1 Name of regulations [see Note 1]
These regulations are the Marine Navigation (Regulatory Functions) Levy Regulations 1992.
2 Commencement
These Regulations commence on 1 July 1992.
3 Interpretation
(1) In these Regulations, unless the contrary intention appears:
Act means the Marine Navigation (Regulatory Functions) Levy Act 1991.
4 Amount of levy
(1) For paragraph 7 (2) (a) of the Act, the amount is 17 cents.
(2) For paragraph 7 (2) (b) of the Act, the amount is 17.1 cents.
(3) For paragraph 7 (2) (c) of the Act, the amount is 17 cents.
(4) For paragraph 7 (2) (d) of the Act, the amount is 15.5 cents.
Notes to the Marine Navigation (Regulatory Functions) Levy Regulations 1992
Note 1
The Marine Navigation (Regulatory Functions) Levy Regulations 1992 (in force under the Marine Navigation (Regulatory Functions) Levy Act 1991) as shown in this compilation comprise Statutory Rules 1992 No. 198 amended as indicated in the Tables below.
Table of Statutory Rules
Year and
number | Date of notification
in Gazette | Date of
commencement | Application, saving or
transitional provisions |
1992 No. 198 | 30 June 1992 | 1 July 1992 | |
1993 No. 161 | 29 June 1993 | 30 June 1993 | — |
1996 No. 130 | 28 June 1996 | 1 July 1996 | — |
1998 No. 167 | 25 June 1998 | 1 July 1998 | — |
1999 No. 93 | 4 June 1999 | 1 July 1999 | — |
2001 No. 148 | 20 June 2001 | 1 July 2001 | — |
2004 No. 136 | 18 June 2004 | 1 July 2004 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
R. 1................. | rs. 1999 No. 93 |
R. 4................. | am. 1993 No. 161; 1996 No. 130; 1998 No. 167 |
| rs. 1999 No. 93; 2001 No. 148 |
| am. 2004 No. 136 |
|
Overview
The Marine Navigation (Regulatory Functions) Levy Regulations 1992, enacted under the Marine Navigation (Regulatory Functions) Levy Act 1991, were designed to address the need for a sustainable funding mechanism for marine navigation regulatory functions. This was to ensure that the Australian Government could effectively manage and regulate maritime activities, maintaining safety and compliance within Australian waters. The Act was enacted by the Parliament of Australia, with the policy objective of establishing a levy on certain marine activities to fund these regulatory functions. This legislative instrument, prepared by the Office of Legislative Drafting within the Attorney-General’s Department, was designed to facilitate the collection of the specified levy amounts as outlined in the Regulations, thereby supporting the operational costs associated with marine navigation regulation.
Scope and Application
The Marine Navigation (Regulatory Functions) Levy Regulations 1992, which are made under the Marine Navigation (Regulatory Functions) Levy Act 1991, apply to entities involved in marine navigation within Australian waters. These regulations determine the specific amount of levy to be imposed on certain activities related to marine navigation. The scope of the Act encompasses vessels and entities that engage in maritime activities, and it extends to the entire Commonwealth of Australia, thereby impacting maritime operations across all states and territories. The Act is designed to ensure that regulatory functions associated with marine navigation are adequately funded through the imposition of a levy. There are no stated exclusions or exemptions within the regulations, and they operate under the established thresholds and parameters outlined in the Act. The application and enforcement of these regulations can be further extended or modified through subordinate instruments, allowing for adjustments in the amounts of the levy or other relevant details as needed.
Key Provisions
The Marine Navigation (Regulatory Functions) Levy Regulations 1992, which are made under the Marine Navigation (Regulatory Functions) Levy Act 1991, establish the regulatory framework for the levy on maritime activities in Australia. The Regulations, which came into effect on 1 July 1992, outline the amount of the levy to be applied to different maritime functions (Regulation 4). The levy rates vary depending on the specific regulatory activity, ranging from 15.5 cents to 17.1 cents per unit of activity (Regulation 4(1)-(4)).
The Act and its Regulations impose specific obligations on the parties involved in maritime activities. These obligations include the requirement for entities involved in maritime operations to calculate and remit the levy according to the specified rates for each type of regulatory function (Regulation 4). The Act also mandates that the levy collected be used for the specific purpose of funding regulatory activities related to marine navigation (Marine Navigation (Regulatory Functions) Levy Act 1991, section 7).
Failure to comply with the requirements of the Marine Navigation (Regulatory Functions) Levy Act 1991 or the associated Regulations can lead to various consequences. The Act provides for civil and criminal penalties for non-compliance. Civil penalties may include fines, while criminal penalties may include imprisonment, reflecting the seriousness of non-compliance with maritime regulatory requirements. The exact penalties are not specified in the Regulations but are outlined in the principal Act (Marine Navigation (Regulatory Functions) Levy Act 1991, section 11). The penalties underscore the importance of adhering to the regulatory framework to ensure the proper funding and oversight of maritime regulatory functions.