Commonwealth Numbered Regulations - Explanatory Statements

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INTERNATIONAL SHIPPING (AUSTRALIAN-RESIDENT SEAFARERS) GRANTS REGULATIONS1996 NO. 112

Statutory Rules 1996 No. 112

Issued by the Authority of the Minister for Transport and Regional Development

International Shipping (Australian-resident Seafarers) Grants Act 1995

International Shipping (Australian-resident Seafarers) Grants Regulations

Section 27 of the International Shipping (Australian-resident Seafarers) Grants Act 1995 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

The Act, which commenced on 16 December 1995, provides for the payment of grants to employers of Australian-resident seafarers on certain Australian operated ships. The Regulations prescribe:

*       certain details necessary for the calculation of amounts payable under the Act;

*       the time for the submission of applications for grants; and

*       a form for use in certain circumstances by a court where the court has ordered the refund of a grant.

Details of the Regulations follow:

Regulation 1 - Citation

Regulation 1 provides that the Regulations may be cited as the International Shipping (Australian-resident Seafarers) Grants Regulations.

Regulation 2 - Interpretation

Subregulation 2(1) defines the term "Act" for purposes of the Regulations.

Subregulation 2(1) provides that references in the Regulations to the Maritime Industry (Seagoing) Award 1963 and to the Maritime Industry Modem Ships Award 1989 mean those awards as in force at the commencement of the Regulations.

Regulation 3 - Payments that are not taken to be salary

Section 7 of the Act defines the term "salary" to include wages but to exclude any payment that, under the Regulations, is not to be taken as salary for the purposes of the Act.

Regulation 3 lists a number of payments that are not to be taken as salary for the purposes of the Act.

Regulation 4 - Voyage leave multiplier

The amount of grant payable in respect of a particular ship depends in part on the calculation of the term "notional tax liability". Notional tax liability is determined by multiplying "basic tax amount' by "voyage leave multiplier". Voyage leave multiplier is defined in subsection 12(2) of the Act as the multiplier that, under the Regulations, is the voyage leave multiplier applicable to the seafarer berth for the year.

Regulation 4 provides that the voyage leave multiplier applicable to a seafarer berth for a year is 1.926.

Regulation 5 - Prescribed time for application

Paragraph 13(d) of the Act provides that an application for a grant must be given to the Secretary within the prescribed time after the end of the relevant year or within such further time as Secretary allows.

Regulation 5 prescribes a time of 3 months for purposes of paragraph 13(d) of the Act.

Regulation 6 - Certificate of order to repay grant

Section 20 provides that a court may order persons convicted of certain offences to refund the amount of any grant wrongfully obtained. Subsection 20(3) provides that, if the court which orders the refund does not have civil jurisdiction or does not have civil jurisdiction to the extent of the amount to be refunded, an officer of the Court must issue to the Secretary a certificate in the prescribed form containing the prescribed particulars.

Regulation 6 provides that the prescribed form of the certificate is the Form in the Schedule to the Regulations and the prescribed particulars are those specified in that Form.

The Regulations commenced on the date of their notification in the Gazette.