Stevedoring Levy (Collection) Regulations 1998

Stevedoring Levy (Collection) Regulations 1998

Statutory Rules 1998 No. 226 as amended

made under the

Stevedoring Levy (Collection) Act 1998

This compilation was prepared on 20 February 2007
taking into account amendments up to SLI 2007 No. 16

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

Contents

 1 Name of regulations [see Note 1]

 2 Commencement [see Note 1]

 3 Definitions 

 4 Payment of levy and late payment penalty 

 5 Repayment of overpayment 

 6 Records to be kept 

 7 Search warrant 

 8 Identity card for inspector 

 9 Information to be given to an inspector 

Schedule Forms 

Form A Search warrant under subsection 14 (3) 

Form B Identity card for Inspector 

Notes   

1 Name of regulations [see Note 1]

  These regulations are the Stevedoring Levy (Collection) Regulations 1998.

2 Commencement [see Note 1]

  These regulations commence on gazettal.

3 Definitions

  In these regulations:

Act means the Stevedoring Levy (Collection) Act 1998.

leviable operation means an operation of a kind described in subsection 7 (1) of the Act.

responsible person means a person who:

 (a) is liable, under section 8 of the Act, to pay levy; or

 (b) would be liable to pay levy under that section for a loading or unloading if the applicable rate of levy were not zero.

4 Payment of levy and late payment penalty

  Levy and late payment penalty must be paid by sending the amount payable, by properly prepaid post, to:

  The Collector of Public Moneys
Department of Transport and Regional Services
GPO Box 594
CANBERRA  ACT  2601.

5 Repayment of overpayment

  The Secretary must repay the overpayment, if a person pays:

 (a) as levy, more than the amount of levy payable for a period; or

 (b) a late payment penalty that is more than the amount of penalty payable.

6 Records to be kept

 (1) A responsible person must keep, for 6 years after the end of each year, records, for each month of that year, of the numbers of leviable operations carried out by that responsible person.

 (2) However, for these Regulations, a responsible person need not keep records of leviable operations that occur after the final levy month notified by the Minister under section 9 of the Act.

 (3) An obligation mentioned in subregulation (1) may be discharged by someone else for the responsible person.

7 Search warrant

  For section 14 of the Act, Form A in the Schedule is the prescribed form for a search warrant.

8 Identity card for inspector

  For subsection 15 (3) of the Act, Form B in the Schedule is the prescribed form for an identity card for an inspector.

9 Information to be given to an inspector

 (1) If an inspector asks a responsible person for information about the loading and unloading of ships, as described in subsection 7 (1) of the Act, the responsible person must give the information to the inspector.

Penalty:   10 penalty units.

 (2) An offence against subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

Schedule Forms

(regulation 7)

Form A Search warrant under subsection 14 (3)

Commonwealth of Australia

Stevedoring Levy (Collection) Act 1998

Search warrant under subsection 14 (3)

TO [name and address of inspector], an inspector within the meaning of subsection 15 (1) of the Stevedoring Levy (Collection) Act 1998 (the Act):

1. This warrant is issued on the basis that I am satisfied, by information on oath or affirmation:

(a) that there is reasonable ground for believing that there are levy‑related documents at [address] (the premises); and

(b) that the issue of the warrant is reasonably required for the purposes of the Act.

2. This warrant authorises you, with such assistance as you think necessary, and, if necessary, by force, *at any time of the day or night/*during the following hours [state the hours]:

(a) to enter the premises; and

(b) to exercise your functions as an inspector under subsection 14 (1) of the Act.

THIS WARRANT CEASES TO HAVE EFFECT ON [state a date 7 days or less after the day of issue of the warrant].

Issued by me, [full name of Justice of the Peace],

on [date]   .

[signature of Justice of the Peace]

Justice of the Peace

*  Omit if inapplicable.

Form B Identity card for Inspector

(regulation 8)

Commonwealth of Australia

Stevedoring Levy (Collection) Act 1998

Identity card for inspector

[signature of Secretary/delegate]

Notes to the Stevedoring Levy (Collection) Regulations 1998

Note 1

The Stevedoring Levy (Collection) Regulations 1998 (in force under the Stevedoring Levy (Collection) Act 1998) as shown in this compilation comprise Statutory Rules 1998 No. 226 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 is replaced with Select Legislative Instruments (SLI) series.  Numbering conventions remain the same, ie Year and Number.

Table of Instruments

Table of Amendments