Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017-2018
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Marine Safety (Domestic Commercial
Vessel) Levy Bill 2018
No. , 2018
(Infrastructure and Transport)
A Bill for an Act to impose a levy on certain
domestic commercial vessels, and for related
purposes
No. , 2018
Marine Safety (Domestic Commercial Vessel) Levy Bill 2018
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Definitions ......................................................................................... 2
4
Leviable domestic commercial vessel ............................................... 3
5
Extension to external Territories ....................................................... 3
6
Extraterritorial operation ................................................................... 3
7
Act to bind Crown ............................................................................. 4
8
Imposition of levy.............................................................................. 4
9
Amount of levy .................................................................................. 4
10
Advice by AMSA .............................................................................. 6
11
Persons liable to pay levy .................................................................. 7
12
Treatment of partnerships .................................................................. 8
13
Treatment of unincorporated associations ......................................... 8
14
Treatment of trusts with multiple trustees ......................................... 8
15
Act does not impose a tax on property of a State ............................... 8
16
Disallowance of certain rules............................................................. 9
17
Incorporation of material, etc. ......................................................... 10
No. , 2018
Marine Safety (Domestic Commercial Vessel) Levy Bill 2018
1
A Bill for an Act to impose a levy on certain
1
domestic commercial vessels, and for related
2
purposes
3
The Parliament of Australia enacts:
4
5
1 Short title
6
This Act is the Marine Safety (Domestic Commercial Vessel) Levy
7
Act 2018.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
Section 3
2
Marine Safety (Domestic Commercial Vessel) Levy Bill 2018
No. , 2018
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Definitions
10
In this Act:
11
AMSA means the Australian Maritime Safety Authority.
12
certificate of survey has the same meaning as in the Marine Safety
13
(Domestic Commercial Vessel) National Law.
14
domestic commercial vessel has the same meaning as in the
15
Marine Safety (Domestic Commercial Vessel) National Law.
16
eligible financial year means:
17
(a) the financial year beginning on 1 July 2019; or
18
(b) a later financial year.
19
leviable domestic commercial vessel has the meaning given by
20
section 4.
21
Marine Safety (Domestic Commercial Vessel) National Law has
22
the meaning given by section 17 of the Marine Safety (Domestic
23
Commercial Vessel) National Law Act 2012.
24
Section 4
No. , 2018
Marine Safety (Domestic Commercial Vessel) Levy Bill 2018
3
National Standard for Commercial Vessels has the same meaning
1
as in the Marine Safety (Domestic Commercial Vessel) National
2
Law.
3
owner of a vessel has the same meaning as in the Marine Safety
4
(Domestic Commercial Vessel) National Law.
5
partnership has the same meaning as in the Marine Safety
6
(Domestic Commercial Vessel) National Law.
7
trust has the same meaning as in the Marine Safety (Domestic
8
Commercial Vessel) National Law.
9
trustee has the same meaning as in the Marine Safety (Domestic
10
Commercial Vessel) National Law.
11
Uniform Shipping Laws Code has the same meaning as in the
12
Marine Safety (Domestic Commercial Vessel) National Law.
13
vessel has the same meaning as in the Marine Safety (Domestic
14
Commercial Vessel) National Law.
15
4 Leviable domestic commercial vessel
16
(1) For the purposes of this Act, leviable domestic commercial vessel
17
means a domestic commercial vessel that is not included in a class
18
of domestic commercial vessels specified in rules in force under
19
subsection (2).
20
(2) The Minister may, by legislative instrument, make rules for the
21
purposes of subsection (1).
22
(3) Before making rules under subsection (2), the Minister must
23
consult AMSA.
24
5 Extension to external Territories
25
This Act extends to every external Territory.
26
6 Extraterritorial operation
27
This Act applies within and outside Australia.
28
Section 7
4
Marine Safety (Domestic Commercial Vessel) Levy Bill 2018
No. , 2018
7 Act to bind Crown
1
This Act binds the Crown in right of each of the States, of the
2
Australian Capital Territory and of the Northern Territory.
3
However, it does not bind the Crown in right of the
4
Commonwealth.
5
8 Imposition of levy
6
Full-year levy
7
(1) If a vessel is a leviable domestic commercial vessel on 1 July in an
8
eligible financial year, levy is imposed on the vessel in respect of
9
the financial year.
10
Pro-rata levy
11
(2) If:
12
(a) on 1 July in an eligible financial year, a vessel:
13
(i) does not exist; or
14
(ii) is not a leviable domestic commercial vessel; and
15
(b) a later day in the eligible financial year is the first or only day
16
in the eligible financial year on which the vessel is a leviable
17
domestic commercial vessel;
18
levy is imposed on the vessel in respect of the eligible financial
19
year.
20
9 Amount of levy
21
Full-year levy
22
(1) The amount of levy that subsection 8(1) imposes on a leviable
23
domestic commercial vessel in respect of an eligible financial year
24
is the amount ascertained in accordance with rules in force under
25
subsection (2).
26
Note:
See also subsection 33(3A) of the Acts Interpretation Act 1901.
27
(2) The Minister may, by legislative instrument, make rules for the
28
purposes of subsection (1).
29
Section 9
No. , 2018
Marine Safety (Domestic Commercial Vessel) Levy Bill 2018
5
Note:
See also section 16 (disallowance of rules).
1
Pro-rata levy
2
(3) The amount of levy that subsection 8(2) imposes on a leviable
3
domestic commercial vessel in respect of an eligible financial year
4
is the amount worked out using the formula:
5
Number of days in the pro-rata period
Full-year amount
Number of days in the eligible financial year
6
where:
7
full-year amount means the amount of levy that would have been
8
worked out under subsection (1) of this section if the vessel:
9
(a) had existed; and
10
(b) had been a leviable domestic commercial vessel;
11
on 1 July in the eligible financial year.
12
number of days in the pro-rata period means the number of days
13
in the period:
14
(a) beginning at the start of the day mentioned in
15
paragraph 8(2)(b); and
16
(b) ending at the end of the eligible financial year.
17
(4) If the amount worked out using the formula in subsection (3):
18
(a) is not an amount of whole dollars; and
19
(b) exceeds $1;
20
the amount is to be rounded to the nearest dollar (rounding 50 cents
21
upwards).
22
(5) If the amount worked out using the formula in subsection (3) is less
23
than $1, the amount is to be rounded upwards to $1.
24
Minister to seek advice
25
(6) Before making rules under subsection (2), the Minister must
26
request AMSA to give advice about the rules that should be made.
27
(7) In deciding whether to make rules under subsection (2), the
28
Minister must have regard to:
29
Section 10
6
Marine Safety (Domestic Commercial Vessel) Levy Bill 2018
No. , 2018
(a) any relevant advice given by AMSA under section 10; and
1
(b) such other matters (if any) as the Minister considers relevant.
2
10 Advice by AMSA
3
(1) If the Minister requests AMSA, under subsection 9(6), to give
4
advice, AMSA must give the requested advice to the Minister.
5
(2) In giving advice under subsection (1), AMSA must have regard to
6
the principle that amounts received on behalf of the
7
Commonwealth by way of levy imposed by this Act should be
8
sufficient, over time, to offset expenditure that:
9
(a) has been, or is likely to be, incurred on or after 1 July 2019
10
by AMSA in connection with things done under the Marine
11
Safety (Domestic Commercial Vessel) National Law; and
12
(b) is not offset by fees charged, or likely to be charged, under
13
section 150 of the Marine Safety (Domestic Commercial
14
Vessel) National Law.
15
(3) For the purposes of subsection (2), if an amount is paid to AMSA,
16
on behalf of the Commonwealth, by way of an advance on account
17
of levy imposed by this Act, the advance (to the extent to which it
18
discharges liability for the levy) is taken to be an amount received
19
on behalf of the Commonwealth by way of levy imposed by this
20
Act.
21
Exceptions
22
(4) For the purposes of the application of subsection (2) to expenditure
23
incurred, or likely to be incurred, by AMSA during a period
24
specified in rules in force under subsection (6), disregard so much
25
of the expenditure as equals the amount specified in those rules in
26
relation to that period.
27
(5) Paragraph (2)(a) does not apply to one or more things that are:
28
(a) specified in rules in force under subsection (6); or
29
(b) done under the Marine Safety (Domestic Commercial Vessel)
30
National Law.
31
Section 11
No. , 2018
Marine Safety (Domestic Commercial Vessel) Levy Bill 2018
7
(6) The Minister may, by legislative instrument, make rules for the
1
purposes of subsection (4) or (5).
2
11 Persons liable to pay levy
3
Certificate of survey in force for vessel
4
(1) If:
5
(a) a certificate of survey is in force for a leviable domestic
6
commercial vessel; and
7
(b) a particular person is:
8
(i) the holder of the certificate; and
9
(ii) the sole owner of the vessel;
10
the person is liable to pay levy imposed by this Act on the vessel.
11
(2) If:
12
(a) a certificate of survey is in force for a leviable domestic
13
commercial vessel; and
14
(b) subsection (1) does not apply to the vessel;
15
the following persons are jointly and severally liable to pay levy
16
imposed by this Act on the vessel:
17
(c) the holder of the certificate;
18
(d) the owner, or each of the owners, of the vessel.
19
Other vessels
20
(3) If:
21
(a) none of the preceding subsections of this section applies to a
22
leviable domestic commercial vessel; and
23
(b) a particular person is the sole owner of the vessel;
24
the person is liable to pay levy imposed by this Act on the vessel.
25
(4) If none of the preceding subsections of this section applies to a
26
leviable domestic commercial vessel, the owners of the vessel are
27
jointly and severally liable to pay levy imposed by this Act on the
28
vessel.
29
Section 12
8
Marine Safety (Domestic Commercial Vessel) Levy Bill 2018
No. , 2018
12 Treatment of partnerships
1
(1) This Act applies to a partnership as if it were a person, but with the
2
changes set out in this section.
3
(2) A liability that would otherwise be imposed on the partnership by
4
this Act is imposed on each partner instead, but may be discharged
5
by any of the partners.
6
(3) For the purposes of this Act, a change in the composition of a
7
partnership does not affect the continuity of the partnership.
8
13 Treatment of unincorporated associations
9
(1) This Act applies to an unincorporated association as if it were a
10
person, but with the changes set out in this section.
11
(2) A liability that would otherwise be imposed on the association by
12
this Act is imposed on each member of the association's committee
13
of management instead, but may be discharged by any of the
14
members.
15
14 Treatment of trusts with multiple trustees
16
(1) If a trust has 2 or more trustees, this Act applies to the trust as if it
17
were a person, but with the changes set out in this section.
18
(2) A liability that would otherwise be imposed on the trust by this Act
19
is imposed on each trustee instead, but may be discharged by any
20
of the trustees.
21
15 Act does not impose a tax on property of a State
22
(1) This Act has no effect to the extent (if any) to which it imposes a
23
tax on property of any kind belonging to a State.
24
(2) In this section, property of any kind belonging to a State has the
25
same meaning as in section 114 of the Constitution.
26
Section 16
No. , 2018
Marine Safety (Domestic Commercial Vessel) Levy Bill 2018
9
16 Disallowance of certain rules
1
Scope
2
(1) This section applies to rules made under subsection 9(2).
3
Disallowance
4
(2) Either House of the Parliament may, following a motion upon
5
notice, pass a resolution disallowing the rules. For the resolution to
6
be effective:
7
(a) the notice must be given in that House within 15 sitting days
8
of that House after the copy of the rules was tabled in the
9
House under section 38 of the Legislation Act 2003; and
10
(b) the resolution must be passed, in pursuance of the motion,
11
within 15 sitting days of that House after the giving of that
12
notice.
13
(3) If neither House passes such a resolution, the rules take effect on
14
the day immediately after the last day upon which such a resolution
15
could have been passed if it were assumed that notice of a motion
16
to disallow the rules was given in each House on the last day of the
17
15 sitting day period of that House mentioned in paragraph (2)(a).
18
(4) If:
19
(a) notice of a motion to disallow the rules is given in a House of
20
the Parliament within 15 sitting days of that House after the
21
copy of the rules was tabled in that House under section 38 of
22
the Legislation Act 2003; and
23
(b) at the end of 15 sitting days of that House after the giving of
24
that notice of motion:
25
(i) the notice has not been withdrawn and the motion has
26
not been called on; or
27
(ii) the motion has been called on, moved and (where
28
relevant) seconded and has not been withdrawn or
29
otherwise disposed of;
30
the rules are then taken to have been disallowed, and subsection (3)
31
does not apply to the rules.
32
Section 17
10
Marine Safety (Domestic Commercial Vessel) Levy Bill 2018
No. , 2018
(5) Section 42 (disallowance) of the Legislation Act 2003 does not
1
apply to the rules.
2
17 Incorporation of material, etc.
3
Despite section 14 of the Legislation Act 2003 of the
4
Commonwealth, rules made under this Act may make provision for
5
or in relation to a matter by applying, adopting or incorporating
6
any matter contained in any written instrument in force or existing
7
from time to time, including but not limited to:
8
(a) the National Standard for Commercial Vessels; and
9
(b) the Uniform Shipping Laws Code.
10