Protection of the Sea (Imposition of Contributions to Oil Pollution Compensation Funds—General) Act 1993
Act No. 40 of 1993 as amended
This compilation was prepared on 13 October 2009
taking into account amendments up to Act No. 94 of 2008
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
1 Short title [see Note 1]
2 Commencement [see Note 1]
3 Application of the Protection of the Sea (Oil Pollution Compensation Funds) Act 1993
4 Imposition of contributions
5 Act does not impose tax on property of a State
Notes
An Act to impose contributions payable under the Protection of the Sea (Oil Pollution Compensation Funds) Act 1993, so far as those contributions are neither duties of customs nor duties of excise
1 Short title [see Note 1]
This Act may be cited as the Protection of the Sea (Imposition of Contributions to Oil Pollution Compensation Funds—General) Act 1993.
2 Commencement [see Note 1]
This Act commences, or is taken to have commenced, as the case requires, on the commencement of Chapter 1 of the Protection of the Sea (Oil Pollution Compensation Funds) Act 1993.
3 Application of the Protection of the Sea (Oil Pollution Compensation Funds) Act 1993
Sections 4 and 5 of the Protection of the Sea (Oil Pollution Compensation Funds) Act 1993 apply in relation to this Act in a corresponding way to the way in which they apply in relation to that Act.
4 Imposition of contributions
(1) Contributions payable under the Protection of the Sea (Oil Pollution Compensation Funds) Act 1993 are imposed.
(2) This section imposes contributions only so far as those contributions are neither duties of customs nor duties of excise within the meaning of section 55 of the Constitution.
5 Act does not impose tax on property of a State
(1) This Act does not impose a tax on property of any kind belonging to a State.
(2) In this section, property of any kind belonging to a State has the same meaning as in section 114 of the Constitution.
Notes to the Protection of the Sea (Imposition of Contributions to Oil Pollution Compensation Funds—General) Act 1993
Note 1
The Protection of the Sea (Imposition of Contributions to Oil Pollution Compensation Funds—General) Act 1993 as shown in this compilation comprises Act No. 40, 1993 amended as indicated in the Tables below.
Table of Acts
Act | Number
and year | Date
of Assent | Date of commencement | Application, saving or transitional provisions |
Protection of the Sea (Imposition of Contributions to Oil Pollution Compensation Fund—General) Act 1993 | 40, 1993 | 15 Oct 1993 | 8 Jan 1995 (see s. 2 and Gazette 1994, No. S462) | |
Protection of the Sea Legislation Amendment Act 2008 | 94, 2008 | 3 Oct 2008 | Schedule 1 (items 11–15): 13 Oct 2009 (see F2009L03731) | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
Title.................... | am. No. 94, 2008 |
Ss. 1, 2................. | am. No. 94, 2008 |
Heading to s. 3............ | am. No. 94, 2008 |
Ss. 3, 4................. | am. No. 94, 2008 |
Overview
The Protection of the Sea (Imposition of Contributions to Oil Pollution Compensation Funds—General) Act 1993 was enacted by the Australian Parliament to address the need for financial mechanisms to cover the costs associated with marine oil pollution. This legislation was introduced to complement the Protection of the Sea (Oil Pollution Compensation Funds) Act 1993, ensuring that contributions towards oil pollution compensation funds are imposed without constituting duties of customs or excise, as defined under the Australian Constitution. The primary objective of this Act is to facilitate the imposition of contributions to support the establishment and maintenance of funds designed to compensate for damages caused by oil pollution in Australian waters. This Act does not impose taxes on the property of any state, thereby avoiding potential conflicts with state jurisdictions.
Scope and Application
The Protection of the Sea (Imposition of Contributions to Oil Pollution Compensation Funds—General) Act 1993 applies to contributions imposed under the Protection of the Sea (Oil Pollution Compensation Funds) Act 1993, ensuring they are not considered duties of customs or excise as defined in the Constitution. This Act applies to entities involved in activities that may result in oil pollution, specifically those contributing to the Oil Pollution Compensation Funds. It has a national jurisdictional reach, applying across Australia as it is a Commonwealth Act. The Act does not impose a tax on the property of any State, as per section 5, which explicitly excludes such a tax in line with section 114 of the Constitution. The Act’s application may be extended or restricted through subordinate instruments, although such provisions are not explicitly detailed in the primary text. The operation of amendments incorporated into the Act may be influenced by application provisions outlined in the notes section.
Key Provisions
The Protection of the Sea (Imposition of Contributions to Oil Pollution Compensation Funds—General) Act 1993 (C2004A04595) (the "Act") provides the legislative framework for imposing contributions under the Protection of the Sea (Oil Pollution Compensation Funds) Act 1993 (C2004A04594) (the "Principal Act"). The Act is divided into several key sections. Section 4 imposes contributions payable under the Principal Act, ensuring they are neither duties of customs nor duties of excise within the meaning of section 55 of the Constitution. Section 3 specifies that certain sections of the Principal Act apply to this Act in a corresponding way. Section 5 explicitly states that this Act does not impose a tax on property of any kind belonging to a State, as defined in section 114 of the Constitution.
Under this Act, the primary obligations imposed on parties and entities involve the payment of contributions to oil pollution compensation funds. These contributions are crucial for ensuring that funds are available to compensate for damages resulting from oil spills or other forms of marine pollution. The Act ensures that these contributions are not classified as customs or excise duties, which would require different legal and administrative processes. By imposing these contributions, the Act aims to create a dedicated funding mechanism to support environmental recovery and compensation efforts.
There are no specific offences outlined within the Act itself. However, non-compliance with the imposed contributions may result in legal consequences under the Principal Act, which governs the overall compensation fund. Penalties for non-compliance with the Principal Act can include fines and other civil or criminal sanctions, depending on the nature and severity of the breach. The exact penalties would be determined by the courts in accordance with the provisions of the Principal Act. It is important for parties subject to this Act to ensure timely and accurate contributions to avoid potential legal repercussions.