Seafarers Rehabilitation and Compensation Levy Regulations 2002
Statutory Rules 2002 No. 153 as amended
made under the
Seafarers Rehabilitation and Compensation Levy Act 1992
This compilation was prepared on 1 April 2008
taking into account amendments up to SLI 2008 No. 27
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
1 Name of Regulations [see Note 1]
2 Commencement
3 Definition
4 Rate of levy
Notes
1 Name of Regulations [see Note 1]
These Regulations are the Seafarers Rehabilitation and Compensation Levy Regulations 2002.
2 Commencement
These Regulations commence on 1 July 2002.
3 Definition
In these Regulations:
Act means the Seafarers Rehabilitation and Compensation Levy Act 1992.
4 Rate of levy
For section 5 of the Act, the rate of levy is $15.
Note 1 By notice published in the Gazette on 17 April 2002, the Minister declared that the Authority is to have the Fund’s functions, powers and obligations under the Seafarers Rehabilitation and Compensation Act 1992 — see section 100 of that Act.
Note 2 Related matters are prescribed by the Seafarers Rehabilitation and Compensation Levy Collection Regulations 2002.
Notes to the Seafarers Rehabilitation and Compensation Levy Regulations 2002
Note 1
The Seafarers Rehabilitation and Compensation Levy Regulations 2002 (in force under the Seafarers Rehabilitation and Compensation Levy Act 1992) as shown in this compilation comprise Statutory Rules 2002 No. 153 amended as indicated in the Tables below.
Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non‑exempt legislative instruments to be registered on the Federal Register of Legislative Instruments. From 1 January 2005 the Statutory Rules series ceased to exist and was replaced with Select Legislative Instruments (SLI series). Numbering conventions remain the same, ie Year and Number.
Table of Instruments
Year and
Number | Date of notification
in Gazette or FRLI registration | Date of
commencement | Application, saving or
transitional provisions |
2002 No. 153 | 27 June 2002 | 1 July 2002 | |
2006 No. 67 | 31 Mar 2006 (see F2006L00773) | 1 Apr 2006 | — |
2008 No. 27 | 25 Mar 2008 (see F2008L00880) | 1 Apr 2008 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
R. 4................. | am. 2006 No. 67; 2008 No. 27 |
Overview
The Seafarers Rehabilitation and Compensation Levy Regulations 2002 were enacted under the Seafarers Rehabilitation and Compensation Levy Act 1992 to provide a framework for the administration and collection of the levy intended to fund the rehabilitation and compensation of seafarers. These regulations, which commenced on 1 July 2002, were introduced by the Commonwealth Parliament to address the need for a structured and reliable funding mechanism to support seafarers who have been injured or disabled in the course of their employment. The primary policy objective is to ensure that seafarers receive necessary rehabilitation and compensation, thereby protecting their rights and well-being. The regulations define key terms and specify the rate of the levy, which was initially set at $15, and have been subject to amendments to align with changes in the legislative environment and administrative practices.
Scope and Application
The Seafarers Rehabilitation and Compensation Levy Regulations 2002, made under the Seafarers Rehabilitation and Compensation Levy Act 1992, specify the details of the levy on seafaring activities and apply to all entities involved in the maritime industry within Australia's jurisdiction. The regulations commenced on 1 July 2002, and they define the rate of levy as $15, which is a crucial aspect of funding the rehabilitation and compensation services for seafarers as stipulated by the Act. The regulations apply to all employers, shipowners, and charterers who operate within Australia or its territorial waters, thereby ensuring that the maritime industry contributes to the welfare of its workforce. Any amendments to these regulations are reflected in the Federal Register of Legislative Instruments, with the latest update in 2008 indicating changes made to the rate of levy. Notably, the application and scope of these regulations are not restricted by geographical boundaries but are firmly within the national jurisdiction of Australia, ensuring a uniform approach to levy imposition across the maritime sector.
Key Provisions
The Seafarers Rehabilitation and Compensation Levy Regulations 2002 (SR 2002 No. 153) are subsidiary legislation enacted under the Seafarers Rehabilitation and Compensation Levy Act 1992. These regulations establish the framework for the collection and management of the levy aimed at providing rehabilitation and compensation for seafarers. The key provisions of these regulations include the definition of terms (section 3), the rate of the levy (section 4), and the commencement date (section 2). The regulations specify that they commence on 1 July 2002 and provide a definition of the Act for clarity and ease of interpretation.
The Seafarers Rehabilitation and Compensation Levy Regulations 2002 impose specific obligations on the entities governed by them. For instance, employers are required to remit the levy to the designated authority as stipulated in the Act. The levy rate is set at $15, as outlined in section 4 of the regulations. This levy is intended to fund the rehabilitation and compensation services for seafarers who suffer injuries or illnesses during their employment. The regulations also outline the scope of the levy, ensuring that it applies to the relevant activities and persons as defined under the Act.
The Seafarers Rehabilitation and Compensation Levy Regulations 2002 do not explicitly detail the offences, penalties, or consequences for non-compliance within the regulations themselves. However, non-compliance with the provisions of the Seafarers Rehabilitation and Compensation Levy Act 1992, which these regulations support, can lead to various legal repercussions. These may include fines, civil penalties, or other enforcement actions as provided under the Act. The exact penalties would depend on the specific breaches and the context in which they occur, but they are intended to ensure the proper collection and use of the levy for the intended purposes.