Commonwealth: Marine Navigation Levy Collection Act 1989 (Cth)

Marine Navigation Levy Collection Act 1989 No. 162, 1989 Compilation No. 7 Compilation date: 1 July 2016 Includes amendments up to: Act No. 59, 2015 Registered: 20 July 2016 About this compilation This compilation This is a compilation of the Marine Navigation Levy Collection Act 1989 that shows the text of the law as amended and in force on 1 July 2016 (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 Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 Short title 2 Commencement 3 Definitions 4 Application to Crown 5 Appointment of authorised person 6 Liability to levy 7 When levy is payable 8 To whom levy is payable 9 Recovery of levy 10 Detention of ship 11 Rights of agent etc. who has paid levy 12 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to provide for the collection of the levy imposed by the Marine Navigation Levy Act 1989, and for related purposes 1 Short title This Act may be cited as the Marine Navigation Levy Collection Act 1989. 2 Commencement This Act commences on the day on which the Marine Navigation Levy Act 1989 commences. 3 Definitions In this Act: Australian port means a place appointed, proclaimed or prescribed as a port under the Customs Act 1901, or under a law of a State or the Northern Territory. authorised person means a person appointed under section 5. Collector means: (a) a Collector within the meaning of the Customs Act 1901; or (b) an authorised person. exempt ship means a ship declared by the regulations to be an exempt ship. home port, in relation to a ship, means the port notified by the ship's owner or agent as the ship's home port in a written notice to a Collector at that port. levy means the levy payable in accordance with this Act and imposed by the Levy Act. Levy Act means the Marine Navigation Levy Act 1989. officer of Customs has the same meaning as in the Customs Act 1901. quarter means a period of 3 months commencing on 1 January, 1 April, 1 July or 1 October in any year. sea‑going ship includes a ship which, in the course of a voyage to or from an Australian port, passes an AMSA aid to navigation (as defined in the Navigation Act 2012). ship includes every description of vessel used in navigation not ordinarily propelled by oars only. 4 Application to Crown This Act binds the Crown in right of each of the States, of the Australian Capital Territory and of the Northern Territory. 5 Appointment of authorised person (1) The Minister may, in writing, appoint a person to be an authorised person for the purposes of this Act. (2) The Minister may, in writing, delegate the power of appointment under subsection (1) to an officer of the Department. 6 Liability to levy (1) Levy is payable in respect of a sea‑going ship, other than an exempt ship. (2) The following persons are jointly and separately liable to pay any levy that is payable in respect of a ship: (a) the ship's owner or master; (b) an agent or consignee of the ship who has paid, or is liable to pay, any charge on account of the ship. 7 When levy is payable (1) Levy in respect of a ship which trades solely between Australian ports (other than a ship to which subsection (2) applies) is payable on the first day of each quarter. (2) Levy in respect of a ship is payable on the day on which the ship leaves an Australian port if the ship: (a) is being first placed in commission after construction in that port; or (b) is usually employed or moored within the limits of that port; or (c) is an exempt ship on arrival at that port and stops being an exempt ship while in that port; or (d) is placed in commission at that port, or is to be sent to sea from that port, after a period in respect of which levy was remitted under the regulations. (3) Levy in respect of a ship (other than a ship to which subsection (1) or (2) applies) is payable: (a) where levy has not previously been paid in respect of the ship—on the day of its arrival at an Australian port; or (b) where the ship arrives at an Australian port 3 months or more after the day on which levy was last payable in respect of the ship—on the day of its arrival at that port; or (c) where the ship is in an Australian port on the day after the end of the period of 3 months after the day on which levy was last payable in respect of the ship—on the day after the end of that period. (4) Levy is not payable in respect of a ship under subsection (3) merely because the ship arrives at, or is in, an Australian port: (a) to take aboard water, provisions or fuel to be used by it for completing a voyage; or (b) to engage or discharge a member of the crew; or (c) to disembark a passenger or a member of the crew for medical treatment; or (d) for shelter, repairs or refitting. (5) Levy is not payable under this section in respect of a ship more than 4 times in any period of 12 consecutive months. 8 To whom levy is payable (1) Levy payable under subsection 7(1) must be paid: (a) to a Collector at the ship's home port; or (b) to a Collector at such other Australian port as the owner or agent of the ship has specified in a written notice given, before the day on which the levy is payable, to a Collector at the ship's home port. (2) Levy payable under subsection 7(2) must be paid: (a) to a Collector at the Australian port referred to in that subsection; or (b) to a Collector at such other Australian port as the owner or agent of the ship has specified in a written notice given, before the day on which the levy is payable, to the Collector at that port. (3) Levy payable under subsection 7(3) must be paid to a Collector at the Australian port referred to in that subsection. (4) The payment of levy may be made: (a) personally; or (b) by post addressed to the Collector; or (c) as otherwise prescribed. 9 Recovery of levy Levy payable in respect of a ship may be recovered in any court of summary jurisdiction by proceedings in the name of a Collector. 10 Detention of ship (1) Any ship in respect of which levy is payable may be detained by any officer of Customs at any Australian port until the levy is paid. (2) While a ship is detained under subsection (1), a person does not have the power of seizure provided for by section 123 of the Personal Property Securities Act 2009 in relation to the ship. 11 Rights of agent etc. who has paid levy The agent or consignee of a ship who has paid an amount of levy in respect of the ship may, out of any money received on account of the ship, or belonging to the owner of it, retain an amount that is not more than the amount of levy so paid. 12 Regulations (1) The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) Without limiting subsection (1), the regulations may provide for the refund or remission (in whole or in part) of an amount of levy paid or payable in respect of a ship in such circumstances as are specified in the regulations. 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 Act Number and year Assent date Commencement Application, saving and transitional provisions date Marine Navigation Levy Collection Act 1989 162, 1989 18 Dec 1989 1 July 1990 (s 2) Marine Navigation (Regulatory Functions) Levy Collection Act 1991 41, 1991 27 Mar 1991 1 July 1991 — Protection of the Sea Legislation Amendment Act 2008 94, 2008 3 Oct 2008 Sch 3 (item 1): 3 Oct 2008 (s 2(1) item 7) — Personal Property Securities (Consequential Amendments) Act 2009 131, 2009 14 Dec 2009 Sch 3 (items 2, 3): 30 Jan 2012 (s 2(1) item 1) — Navigation (Consequential Amendments) Act 2012 129, 2012 13 Sept 2012 Sch 2 (items 19–21): 1 July 2013 (s2(1) item 2) — Statute Law Revision Act 2012 136, 2012 22 Sept 2012 Sch 6 (items 47, 48): 22 Sept 2012 (s 2(1) item 37) — Norfolk Island Legislation Amendment Act 2015 59, 2015 26 May 2015 Sch 2 (item 246): 1 July 2016 (s 2(1) item 5) Sch 2 (items 356–396) Sch 2 (items 356–396): 18 June 2015 (s 2(1) item 6) as amended by Territories Legislation Amendment Act 2016 33, 2016 23 Mar 2016 Sch 2: 24 Mar 2016 (s 2(1) item 2) — Endnote 4—Amendment history Provision affected How affected s 3..................... am. No. 94, 2008; No. 129, 2012 s 4..................... am No 59, 2015 s 8..................... rs. No. 41, 1991 s 10.................... am. No. 131, 2009 s 13.................... rep. No. 136, 2012 Schedule................. rep. No. 136, 2012