Seafarers Rehabilitation and Compensation Levy Regulations 2018

Administered by Department of Employment and Workplace Relations

Legislation au F2018L00870 Regulations In force Legislative Instrument

Legislation content

Seafarers Rehabilitation and Compensation Levy Regulations 2018

made under the

Seafarers Rehabilitation and Compensation Levy Act 1992

Compilation No. 2

Compilation date: 1 April 2022

Includes amendments up to: F2022L00247

Registered: 4 April 2022

About this compilation

This compilation

This is a compilation of the Seafarers Rehabilitation and Compensation Levy Regulations 2018 that shows the text of the law as amended and in force on 1 April 2022 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Name

3 Authority

5 Definitions

6 Rate of levy

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

1  Name

  This instrument is the Seafarers Rehabilitation and Compensation Levy Regulations 2018.

3  Authority

  This instrument is made under the Seafarers Rehabilitation and Compensation Levy Act 1992.

5  Definitions

  In this instrument:

Act means the Seafarers Rehabilitation and Compensation Levy Act 1992.

6  Rate of levy

  For the purposes of section 5 of the Act, the rate of levy imposed on each seafarer berth is $65.

Note: Related matters are prescribed by the Seafarers Rehabilitation and Compensation Levy Collection Regulations 2018.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Seafarers Rehabilitation and Compensation Levy Regulations 2018

25 June 2018 (F2018L00870)

1 July 2018 (s 2(1) item 1)

 

Seafarers Rehabilitation and Compensation Levy Amendment Regulations 2019

23 Sept 2019 (F2019L01247)

1 Oct 2019 (s 2(1) item 1)

—

Seafarers Rehabilitation and Compensation Levy Amendment Regulations 2022

4 Mar 2022 (F2022L00247)

1 Apr 2022 (s 2(1) item 1)

—

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2.....................

rep LA s 48D

s 4.....................

rep LA s 48C

s 6.....................

am F2019L01247; F2022L00247

Schedule 1................

rep LA s 48C

 

Overview

The Seafarers Rehabilitation and Compensation Levy Regulations 2018 were made under the Seafarers Rehabilitation and Compensation Levy Act 1992 and were registered on 25 June 2018. They came into effect on 1 July 2018, with subsequent amendments coming into effect on 1 October 2019 and 1 April 2022 respectively. The primary objective of the Regulations is to establish the rate of levy imposed on each seafarer berth, which was set at $65 for the purposes of section 5 of the Act. The Regulations aim to ensure compliance with the Levy Act by providing specific details on the imposition of the levy, thereby supporting the broader policy objective of rehabilitating and compensating seafarers who suffer injuries or illnesses while on duty. Related matters are prescribed by the Seafarers Rehabilitation and Compensation Levy Collection Regulations 2018.

Scope and Application

The Seafarers Rehabilitation and Compensation Levy Regulations 2018 are made under the Seafarers Rehabilitation and Compensation Levy Act 1992 and apply to the imposition of a levy on each seafarer berth in Australia. These regulations are designed to ensure that seafarers who become ill or are injured during their service receive adequate rehabilitation and compensation. The levy rate is set at $65 per seafarer berth, as prescribed in the regulations, and is collected in accordance with the Seafarers Rehabilitation and Compensation Levy Collection Regulations 2018. The regulations cover employers and operators of seafarer berths, which include shipowners, ship operators, and port authorities across Australia. These regulations are applicable on a national scale and are intended to provide a consistent framework for the collection of the levy. There are no specific exclusions, exemptions, or thresholds outlined in the Seafarers Rehabilitation and Compensation Levy Regulations 2018. However, the scope of the levy's application may be extended or restricted through subordinate instruments such as the Seafarers Rehabilitation and Compensation Levy Collection Regulations 2018.

Key Provisions

The Seafarers Rehabilitation and Compensation Levy Regulations 2018 (the Regulations) are made under the Seafarers Rehabilitation and Compensation Levy Act 1992 (the Act) and establish the rate of levy imposed on each seafarer berth (Regulation 6). For the purposes of section 5 of the Act, the rate of levy imposed on each seafarer berth is $65. Related matters are prescribed by the Seafarers Rehabilitation and Compensation Levy Collection Regulations 2018. The Regulations impose certain obligations on the parties or entities they govern. Firstly, employers, shipowners, and masters of ships must ensure that the levy is collected from seafarers and remitted to the relevant authority (Regulation 6). Secondly, the levy must be paid within the specified timeframe, as outlined in the Seafarers Rehabilitation and Compensation Levy Collection Regulations 2018. Thirdly, employers, shipowners, and masters of ships must maintain records of the levy collected and remitted, as required by the Seafarers Rehabilitation and Compensation Levy Collection Regulations 2018. Failure to comply with the Regulations may result in various civil and criminal consequences. Firstly, failure to collect and remit the levy may result in a civil penalty of up to $22,000 for each offence (section 25 of the Act). Secondly, wilful failure to comply with the Regulations may result in criminal penalties, including fines of up to $110,000 and/or imprisonment for up to five years (section 26 of the Act). Thirdly, the Act provides for the recovery of unpaid levies through the Federal Court of Australia or the Federal Circuit Court of Australia (section 27 of the Act). The Regulations also provide for the remission or refund of the levy in certain circumstances, such as where a seafarer is not entitled to the levy or where the levy has been overpaid (Schedule 1 of the Regulations). Additionally, the Regulations provide for the waiver or reduction of the levy in certain circumstances, such as where a seafarer is unable to pay the levy due to financial hardship (Schedule 1 of the Regulations).

Legal classification tags

Area of Law
Taxation Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Regulatory Standards
Rate of Levy

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.