EXPLANATORY STATEMENT
Select Legislative Instrument 2007 No. 16
Issued under the Authority of the Parliamentary Secretary to the Minister for Transport and Regional Services
Stevedoring Levy (Collection) Act 1998
Stevedoring Levy (Collection) Amendment Regulations 2007 (No. 1)
Section 21 of the Stevedoring Levy (Collection) Act 1998 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The Act authorises the collection of a levy from stevedores on the movement of containers and vehicles subject to the levy. The levy funds were used in the repayment of borrowings taken out by the Maritime Industry Finance Company Limited (MIFCo), an Australian Government owned company, to finance the cost of payments in connection with stevedoring industry reform.
The stevedoring levy ceased at the end of May 2006 after the Minister gave notice on 11 May 2006, under subsection 9(3) of the Act, that May 2006 would be the final levy month for the purposes of the Act. Since then the MIFCo has repaid all of the costs in connection with the stevedoring industry reform and the company members have placed the company into voluntary liquidation.
Section 19 of the Act authorises the Minister, if the Minister is satisfied that more levy has been received by the Commonwealth than is needed for the purpose for which the levy was imposed, to determine that surplus levy be distributed in accordance with a scheme prescribed by the regulations for this purpose.
The Stevedoring Levy (Collection) Amendment Regulations 2007 (No. 1) abolish the requirement for stevedores to provide monthly statements of activities in connection with the loading and unloading of local cargo. This is consistent with the cessation of the levy and the termination of the ongoing requirement for activity reporting.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
No formal consultation was undertaken in relation to these amendments as they are of a minor or machinery nature and do not substantially alter existing arrangements.
The Regulations commenced on the day after their registration on the Federal Register of Legislative Instruments.
Overview
The Stevedoring Levy (Collection) Amendment Regulations 2007 (No. 1) were introduced to amend the Stevedoring Levy (Collection) Act 1998, addressing the administrative requirements following the cessation of the stevedoring levy. Enacted by the Governor-General under the authority of the Parliamentary Secretary to the Minister for Transport and Regional Services, these amendments aim to streamline the regulatory framework in light of the conclusion of the levy collection process. The policy objective is to remove the burden of monthly reporting on stevedores once the levy has ceased and the associated costs have been fully repaid, thereby reflecting the current operational status of the Maritime Industry Finance Company Limited, which has completed its purpose and is now in liquidation. These changes ensure that the regulatory requirements are aligned with the cessation of the levy, thus simplifying compliance for industry participants.
Scope and Application
The Stevedoring Levy (Collection) Act 1998 applies to stevedores involved in the movement of containers and vehicles subject to the levy, which was established to fund the repayment of borrowings incurred by the Maritime Industry Finance Company Limited (MIFCo) in relation to stevedoring industry reform. The Act's scope is national, covering all stevedores operating within Australia, as it is a Commonwealth Act. The Stevedoring Levy ceased at the end of May 2006, following the Minister's notice under the Act that May 2006 would be the final levy month. Subsequently, the Stevedoring Levy (Collection) Amendment Regulations 2007 (No. 1) were introduced to abolish the requirement for stevedores to submit monthly statements of their activities related to the loading and unloading of local cargo, aligning with the cessation of the levy and the termination of ongoing activity reporting. The Regulations, which are legislative instruments under the Legislative Instruments Act 2003, came into effect on the day after their registration on the Federal Register of Legislative Instruments.
Key Provisions
The primary operative sections of the Stevedoring Levy (Collection) Amendment Regulations 2007 (No. 1) include changes to the reporting requirements for stevedores. Section 19 of the Stevedoring Levy (Collection) Act 1998 allows the Minister to distribute any surplus levy, and these Regulations prescribe the scheme for such distribution. Most notably, Section 3 of the Regulations removes the necessity for stevedores to submit monthly statements concerning the loading and unloading of local cargo, aligning with the cessation of the stevedoring levy at the end of May 2006. This amendment reflects the completion of the levy collection process and the repayment of all associated costs by the Maritime Industry Finance Company Limited (MIFCo).
The Regulations impose specific obligations on parties governed by the Act. Firstly, the Minister is now required to ensure that any surplus levy is distributed according to the prescribed scheme outlined in the Regulations. Secondly, stevedores are no longer obligated to report their activities in connection with the loading and unloading of local cargo on a monthly basis. These obligations reflect the changes in the operational context of the stevedoring levy, given that the levy has ceased and the associated reporting requirements are no longer necessary.
In terms of potential breaches and penalties, the Regulations themselves do not explicitly outline specific offences or penalties. However, non-compliance with the amended reporting requirements may result in legal consequences under the overarching Stevedoring Levy (Collection) Act 1998. Given the minor nature of these amendments, the primary consequence of failing to adhere to the updated reporting obligations would likely involve administrative or procedural repercussions, rather than significant financial penalties. It is important for parties involved to ensure compliance with the new regulatory framework to avoid any inadvertent breaches.