Commonwealth Numbered Regulations - Explanatory Statements

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MARINE NAVIGATION LEVY AMENDMENT REGULATIONS 2001 (NO. 1) 2001 NO. 147

EXPLANATORY STATEMENT

STATUTORY RULES 2001 No. 147

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

Marine Navigation Levy Act 1989

Marine Navigation Levy Amendment Regulations 2001 (No. 1)

The Marine Navigation Levy is imposed on trading ships using Australian ports to recover the costs of marine aids to navigation provided on behalf of the Commonwealth by the Australian Maritime Safety Authority (the 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, calculated on the ship's tonnage.

Regulation 4 of the Marine Navigation Levy Regulations 1991 prescribes the following levy rates:

(a) 32 cents for each of the first 5,000 tons of the ship's tonnage (paragraph 7(2)(a) of the Act);

(b) 19 cents for each ton by which the ship's tonnage is more than 5,000 tons but not more than 20,000 tons (paragraph 7(2)(b) of the Act);

(c) 7.5 cents for each ton by which the ship's tonnage is more than 20,000 tons but not more than 50,000 tons (paragraph 7(2)(c) of the Act);

(d) 2.5 cents for each ton by which the ship's tonnage is more than 50,000 tons (paragraph 7(2)(d) of the Act).

The purpose of the Regulations is to amend the Marine Navigation Levy Regulations to decrease the rate of levy.

The amendment will provide for a reduction of approximately 10 per cent in the Marine Navigation Levy charged on ships from 1 July 2001. There is a corresponding increase in the Marine Navigation (Regulatory Functions) Levy of approximately 10 per cent.

This adjustment follows on from changes to the levies occurring in 1998 and 1999 and enables funds allocated to the provision of a coastal radio service and other regulatory activities of the Authority to be more appropriately sourced from the Marine Navigation (Regulatory Functions) Levy rather than from the Marine Navigation Levy. The latter is intended to fund the provision of marine aids to navigation. The adjustment between the levies will not result in any change to the combined cost to industry.

Details of the Regulations are:

Regulation 1 provides that the regulations are named the Marine Navigation Levy Amendment Regulations 2001 (No. 1).

Regulation 2 provides that the regulations commence on 1 July 2001.

Regulations 3 provides that Schedule 1 amends the Marine Navigation Levy Regulations 1991.

Schedule 1 reduces the amounts of levy in regulation 4 as follows:

• for paragraph 7(2)(a) of the Act from 32 cents to 29 cents

• for paragraph 7(2)(b) of the Act from 19 cents to 17 cents

• for paragraph 7(2)(c) of the Act from 7.5 cents to 7 cents

• for paragraph 7(2)(d) of the Act to remain at 2.5 cents


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