Seafarers Rehabilitation and Compensation Levy Act 1992
Act No. 231 of 1992 as amended
This compilation was prepared on 25 October 2000
taking into account amendments up to Act No. 5 of 1994
The text of any of those amendments not in force
on that date is appended in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra
Contents
1 Short title [see Note 1]...........................
2 Commencement [see Note 1].......................
3 Interpretation.................................
4 Imposition of levy..............................
5 Rate of levy..................................
6 Who pays levy?...............................
7 Regulations..................................
Notes
An Act to impose levy in respect of the employment of seafarers
1 Short title [see Note 1]
This Act may be cited as the Seafarers Rehabilitation and Compensation Levy Act 1992.
2 Commencement [see Note 1]
This Act commences on the day on which section 2 of the Seafarers Rehabilitation and Compensation Act 1992 commences.
3 Interpretation
Unless the contrary intention appears, an expression used in this Act has the same meaning as in the Seafarers Rehabilitation and Compensation Levy Collection Act 1992.
4 Imposition of levy
If the Minister has made a declaration under section 100 of the Seafarers Rehabilitation and Compensation Act 1992, levy is imposed on seafarer berths on prescribed ships.
5 Rate of levy
The rate of levy imposed on each seafarer berth is such amount as is prescribed.
6 Who pays levy?
Levy on seafarer berths is payable by an employer who employs or engages seafarers on a prescribed ship.
7 Regulations
(1) The Governor‑General may make regulations for the purposes of section 5.
(2) Before advising the Governor‑General about the making of a regulation under subsection (1), the Minister must consult the Authority with respect to the following matters:
(a) the need to ensure that the Fund has adequate financial reserves for the purposes of its prudential management;
(b) reasonable estimates of the Fund’s present and future liabilities under the Seafarers Rehabilitation and Compensation Act 1992;
(c) the cost of administering the Authority in connection with the performance or exercise of the Fund’s functions, powers and obligations under that Act.
(3) A failure to consult as required by subsection (2) does not affect the validity of a regulation made under subsection (1).
Notes to the Seafarers Rehabilitation and Compensation Levy Act 1992
Note 1
The Seafarers Rehabilitation and Compensation Levy Act 1992 as shown in this compilation comprises Act No. 231, 1992 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 |
Seafarers Rehabilitation and Compensation Levy Act 1992 | 231, 1992 | 24 Dec 1992 | 24 Dec 1992 (see s. 2) | |
Transport and Communications Legislation Amendment Act (No. 2) 1993 | 5, 1994 | 18 Jan 1994 | Schedule (item 114): Royal Assent (a) | — |
(a) The Seafarers Rehabilitation and Compensation Levy Act 1992 was amended by the Schedule (item 114) only of the Transport and Communications Legislation Amendment Act (No. 2) 1993, subsection 2(1) of which provides as follows:
(1) Subject to subsections (2) to (10) (inclusive), this Act commences on the day on which it receives the Royal Assent.
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected | How affected |
S. 7.................... | am. No. 5, 1994 |
Overview
The Seafarers Rehabilitation and Compensation Levy Act 1992 was enacted by the Australian Parliament to address the issue of providing rehabilitation and compensation to seafarers who are injured or become ill while working on Australian ships. This Act was designed to supplement the Seafarers Rehabilitation and Compensation Act 1992 by imposing a levy on seafarer berths on prescribed ships, which is collected to fund the Seafarers Rehabilitation and Compensation Fund. The levy is payable by employers who engage seafarers on these ships. The policy objective of the Act is to ensure that adequate financial resources are available to provide for the rehabilitation and compensation of seafarers who suffer work-related injuries or illnesses. The Act allows for the Governor-General to make regulations necessary for its implementation, with specific provisions requiring the Minister to consult with the relevant authority on financial and administrative matters before making such regulations.
Scope and Application
The Seafarers Rehabilitation and Compensation Levy Act 1992 applies to employers who engage seafarers on prescribed ships, specifically targeting the maritime industry by imposing a levy on seafarer berths. This Act operates within the Commonwealth jurisdiction, and its application is contingent upon a declaration made by the Minister under section 100 of the Seafarers Rehabilitation and Compensation Act 1992. The levy is calculated at a prescribed rate, which is determined through regulations made under this Act, and is payable by the employer. The Act extends its reach through subordinate regulations, allowing for the establishment of necessary administrative and financial parameters. Notably, any failure to consult with the relevant authorities prior to the making of these regulations does not impact their validity. The Act is subject to amendments and modifications as evidenced by the Transport and Communications Legislation Amendment Act (No. 2) 1993, which altered subsection 2(1) of the original Act.
Key Provisions
The Seafarers Rehabilitation and Compensation Levy Act 1992 (sections 4 to 7) imposes a levy on seafarer berths on prescribed ships when the Minister has made a declaration under section 100 of the Seafarers Rehabilitation and Compensation Act 1992 (section 4). The rate of this levy is prescribed, meaning that it is specified by regulation (section 5). Employers who engage or employ seafarers on a prescribed ship are obligated to pay this levy (section 6). The Governor-General has the authority to make regulations concerning the levy, subject to certain consultation requirements with the relevant authority regarding financial reserves, liability estimates, and administrative costs (section 7).
Under this Act, employers who engage or employ seafarers on a prescribed ship are required to pay the levy on seafarer berths as determined by the regulations. This requirement ensures that there are adequate financial reserves for the purposes of the Fund’s prudential management, and that the Authority is kept informed of the cost implications involved in administering the Fund’s functions (section 7(2)). Employers must ensure they are aware of the prescribed rate and the ships that fall under the Act’s definition of 'prescribed ships' to comply with the levy obligations.
Failure to comply with the levy requirements can result in legal consequences. Although the Act does not explicitly detail the penalties for non-compliance, breaches of similar statutory obligations under related legislation typically involve fines or other sanctions. For example, under the Seafarers Rehabilitation and Compensation Levy Collection Act 1992, penalties for non-compliance can include fines up to a significant amount, as determined by the relevant court. These penalties underscore the importance of adhering to the Act’s requirements to avoid potential legal and financial repercussions.