Commonwealth Numbered Regulations - Explanatory Statements

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MARINE NAVIGATION LEVY AMENDMENT REGULATIONS 1999 (NO. 1) 1999 NO. 92

STATUTORY RULES 1999 NO. 92

Issued by the Authority of the Minister for Transport and Regional Services.

Marine Navigation Levy Act 1989

Marine Navigation Levy Amendment Regulations 1999 (No. 1)

The Marine Navigation Levy is imposed on trading ships using Australian ports to recover the costs of navigational aids and the coastal radio service provided on behalf of the Commonwealth by the Australian Maritime Safety Authority.

Subsection 8(1) of the Marine Navigation Levy Act 1989 (the Act) provides that the GovernorGeneral may make regulations for the purposes of subsection 7(2) of the Act which provides for the amount of levy to be paid.

Subsection 7(2) of the Act as amended by regulation 4 of the Marine Navigation Levy Regulations prescribes the following rates of levy:

(a)       40 cents, or such other amount (if any) as is from time to time prescribed, for each of the first 5,000 tons of the ship's tonnage;

(b)       28 cents, or other such amount (if any) 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)       11 cents, or such other amount (if any) 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)       4 cents, or such other amount (if any) as is from time to time prescribed, for each ton by which the ship's tonnage is more than 50,000 tons.

A review of the levies imposed on the shipping industry recommended that the cost of providing the coastal radio service to ships should be a charge collected as part of the Marine Navigation Regulatory Functions Levy rather than as part of the Marine Navigation Levy (which is intended for the provision of marine navigational aids). It was recommended for the change to be introduced over a maximum period of three years. The first stage was implemented in July 1998. The regulations are the second stage of the implementation of these changes.

The regulations accordingly reduce the rate of the Marine Navigation Levy by 19.4 per cent from 1 July 1999. There is an increase in the Marine Navigation Regulatory Functions Levy which will partially fund the coastal radio services. The changes to both levies are expected to decrease their combined cost to industry by 7.43 per cent.

Details of the regulations are: Regulation 1 provides that the regulations are named the Marine Navigation Levy Amendment Regulations 1999. Regulation 2 provides that the regulations commence on 1 July 1999. Regulation 3 provides that Schedule 1 amends the Marine Navigation Levy Regulations. Schedule 1:

(a)        substitutes existing regulation 1 to rename the Marine Navigation Levy

        Regulations as the Marine Navigation Levy Regulations 1991; and

(b)        reduces the amounts of levy prescribed in regulation 4 as follows:

       * for the purposes of paragraph 7(2)(a) of the Act from 40 cents to 35.5 cents.

       * for the purposes of paragraph 7(2)(b) of the Act from 28 cents to 21 cents.

       * for the purposes of paragraph 7(2)(c) of the Act from 11 cents to 8.5 cents.

       * for the purposes of paragraph 7(2)(d) of the Act from 4 cents to 3 cents.