EXPLANATORY STATEMENT

 

Select Legislative Instrument 2009 No. 10

 

 

Issued under the authority of the Minister for Infrastructure, Transport, Regional Development and Local Government

 

Marine Navigation (Regulatory Functions) Levy Collection Act 1991

 

Marine Navigation (Regulatory Functions) Levy Collection Amendment Regulations 2009 (No. 1)

 

The Marine Navigation (Regulatory Functions) Levy Collection Act 1991 (the Act) provides for the collection of the regulatory functions levy which funds the safety and environmental regulation and surveillance of the shipping industry to ensure the seaworthiness and safe operation of ships in Australian waters.

 

Section 11 of the Act provides that the Governor‑General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

 

Section 6 of the Act provides that the regulatory functions levy is payable in respect of specified ships on the first day of each quarter. Subsection 7(4) provides that the levy, which must be paid to a Collector, may be paid:

(a) personally; or

(b) by post addressed to the Collector; or

(c) as otherwise prescribed.

 

The amending Regulations provide that, for purposes of paragraph 7(4)(c) of the Act, payment of the regulatory functions levy to the Collector may be made by electronic funds transfer. This will facilitate the payment of the levy by ship owners and agents.

 

The amending Regulations also change the name of the Principal Regulations to the Marine Navigation (Regulatory Functions) Levy Collection Regulations 1991. This change reflects modern drafting practice.

 

The amending Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

No formal consultation was undertaken in relation to these amendments as they are of a minor or machinery nature and do not substantially alter existing arrangements.

 

The amending Regulations commenced on the day after they were registered on the Federal Register of Legislative Instruments.