Commonwealth Numbered Regulations - Explanatory Statements

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MARINE NAVIGATION (REGULATORY FUNCTIONS) LEVY REGULATIONS (AMENDMENT) 1996NO. 130

STATUTORY RULES 1996 No. 130

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

Marine Navigation (Regulatory Functions) Levy Act 1991

Marine Navigation (Regulatory Functions) Levy Regulations (Amendment)

Subsection 7(2) of the Marine Navigation (Regulatory Functions) Levy Act 1991 (the Act) provides:

"For the purposes of this Act, each of the following rates is a levy rate in relation to a ship..

(a)       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;

(b)       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;

(c)       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;

(d)       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.

Subsection 8(1) of the Act provides that the Governor-General may make regulations for the purposes of subsection 7(2).

Regulation 4 of the Marine Navigation (Regulatory Functions) Levy Regulations (S. R. 1992 No. 198 as amended by 1993 No. 161) provides:

4.       (1) For the purposes of paragraph 7(2)(a) of the Act, 13 cents is prescribed.

(2)       For the purposes of paragraph 7(2)(b) of the Act, 13 cents is prescribed

(3)       For the purposes of paragraph 7(2)(c) of the Act, 12 cents is prescribed

(4)       For the purposes of paragraph 7(2)(d) of the Act, 11 cents is prescribed.

The proposed regulation will in effect increase the prescribed amounts of levy applied under paragraph (a) to 14.5 cents, paragraph (b) to 14 cents and paragraph (d) to 11.5 cents. There will be no increase in the levy applied under paragraph (c). The increased rate of levy represents an average increase of 6.4% and is expected to raise an additional amount of $880,000.00 per annum.

Details of the proposed regulations are:

Proposed regulation 1 provides that the regulations commence on 1 July 1996.

Proposed regulation 2 provides for amendment of the regulations as set out in regulation 3.

Proposed regulation 3 provides for the increased amount of the levy to be applied from 1 July 1996.