Compilation #2 | Effective 2018-06-19
FRBR Work URI: /akn/au/act/1991/40
This Act may be cited as the Marine Navigation (Regulatory Functions) Levy Act 1991.
This Act commences on 1 July 1991.
In this Act, unless the contrary intention appears:
Collection Act means the Marine Navigation (Regulatory Functions) Levy Collection Act 1991.
ton means a whole ton.
tonnage, in relation to a ship, means:
where the net tonnage of the ship has been determined by a method consistent with the provisions of the International Convention on Tonnage Measurement of Ships, 1969—the net tonnage so determined; or
in any other case—the net registered tonnage of the ship.
Note: The text of the Convention is set out in Australian Treaty Series 1982 No. 15 ([1982] ATS 15). In 2012, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
In this Act, expressions have the same meaning as in the Collection Act.
This Act binds the Crown in right of each of the States, of the Australian Capital Territory and of the Northern Territory.
Levy payable in respect of a sea-going ship in accordance with the Collection Act is imposed.
Where levy is payable in respect of a ship, the amount of levy is the amount, or the total of the amounts, worked out using whichever of the levy rates apply to the ship.
For the purposes of this Act, each of the following rates is a levy rate in relation to a ship:
4 cents, or such other amount as is from time to time prescribed, for each of the first 5,000 tons of the ship’s tonnage;
3 cents, or such other amount as is from time to time prescribed, for each ton by which the ship’s tonnage is more than 5,000 tons but not more than 20,000 tons;
3 cents, or such other amount as is from time to time prescribed, for each ton by which the ship’s tonnage is more than 20,000 tons but not more than 50,000 tons;
2 cents, or such other amount as is from time to time prescribed, for each ton by which the ship’s tonnage is more than 50,000 tons.
Subject to subsection (2), the Governor-General may make regulations for the purposes of subsection 7(2).
After 30 June 1993, an amount applicable under paragraph 7(2)(a), (b), (c) or (d) must not be increased by more than 15% in any 12 consecutive months.
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
Endnote 3—Legislation history
Endnote 4—Amendment history