An Act to provide for the collection of the levy imposed by the Marine Navigation Levy Act 1989, and for related purposes
1 Short title [see Note 1]
This Act may be cited as the Marine Navigation Levy Collection Act 1989.
2 Commencement [see Note 1]
This Act commences on the day on which the Marine Navigation Levy Act 1989 commences.
3 Definitions
In this Act:
Australian port means a place appointed, proclaimed or prescribed as a port under the Customs Act 1901, or under a law of a State or the Northern Territory.
authorised person means a person appointed under section 5.
Collector means:
(a) a Collector within the meaning of the Customs Act 1901; or
(b) an authorised person.
exempt ship means a ship declared by the regulations to be an exempt ship.
home port, in relation to a ship, means the port notified by the ship’s owner or agent as the ship’s home port in a written notice to a Collector at that port.
levy means the levy payable in accordance with this Act and imposed by the Levy Act.
Levy Act means the Marine Navigation Levy Act 1989.
marine navigational aid has the same meaning as in the Lighthouses Act 1911.
officer of Customs has the same meaning as in the Customs Act 1901.
quarter means a period of 3 months commencing on 1 January, 1 April, 1 July or 1 October in any year.
sea‑going ship includes a ship which, in the course of a voyage to or from an Australian port, passes a marine navigational aid under the control of the Commonwealth.
ship has the same meaning as in the Lighthouses Act 1911.
4 Application to Crown
This Act binds the Crown in right of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island.
5 Appointment of authorised person
(1) The Minister may, in writing, appoint a person to be an authorised person for the purposes of this Act.
(2) The Minister may, in writing, delegate the power of appointment under subsection (1) to an officer of the Department.
6 Liability to levy
(1) Levy is payable in respect of a sea‑going ship, other than an exempt ship.
(2) The following persons are jointly and separately liable to pay any levy that is payable in respect of a ship:
(a) the ship’s owner or master;
(b) an agent or consignee of the ship who has paid, or is liable to pay, any charge on account of the ship.
7 When levy is payable
(1) Levy in respect of a ship which trades solely between Australian ports (other than a ship to which subsection (2) applies) is payable on the first day of each quarter.
(2) Levy in respect of a ship is payable on the day on which the ship leaves an Australian port if the ship:
(a) is being first placed in commission after construction in that port; or
(b) is usually employed or moored within the limits of that port; or
(c) is an exempt ship on arrival at that port and stops being an exempt ship while in that port; or
(d) is placed in commission at that port, or is to be sent to sea from that port, after a period in respect of which levy was remitted under the regulations.
(3) Levy in respect of a ship (other than a ship to which subsection (1) or (2) applies) is payable:
(a) where levy has not previously been paid in respect of the ship—on the day of its arrival at an Australian port; or
(b) where the ship arrives at an Australian port 3 months or more after the day on which levy was last payable in respect of the ship—on the day of its arrival at that port; or
(c) where the ship is in an Australian port on the day after the end of the period of 3 months after the day on which levy was last payable in respect of the ship—on the day after the end of that period.
(4) Levy is not payable in respect of a ship under subsection (3) merely because the ship arrives at, or is in, an Australian port:
(a) to take aboard water, provisions or fuel to be used by it for completing a voyage; or
(b) to engage or discharge a member of the crew; or
(c) to disembark a passenger or a member of the crew for medical treatment; or
(d) for shelter, repairs or refitting.
(5) Levy is not payable under this section in respect of a ship more than 4 times in any period of 12 consecutive months.
8 To whom levy is payable
(1) Levy payable under subsection 7(1) must be paid:
(a) to a Collector at the ship’s home port; or
(b) to a Collector at such other Australian port as the owner or agent of the ship has specified in a written notice given, before the day on which the levy is payable, to a Collector at the ship’s home port.
(2) Levy payable under subsection 7(2) must be paid:
(a) to a Collector at the Australian port referred to in that subsection; or
(b) to a Collector at such other Australian port as the owner or agent of the ship has specified in a written notice given, before the day on which the levy is payable, to the Collector at that port.
(3) Levy payable under subsection 7(3) must be paid to a Collector at the Australian port referred to in that subsection.
(4) The payment of levy may be made:
(a) personally; or
(b) by post addressed to the Collector; or
(c) as otherwise prescribed.
9 Recovery of levy
Levy payable in respect of a ship may be recovered in any court of summary jurisdiction by proceedings in the name of a Collector.
10 Detention of ship
(1) Any ship in respect of which levy is payable may be detained by any officer of Customs at any Australian port until the levy is paid.
(2) While a ship is detained under subsection (1), a person does not have the power of seizure provided for by section 123 of the Personal Property Securities Act 2009 in relation to the ship.
11 Rights of agent etc. who has paid levy
The agent or consignee of a ship who has paid an amount of levy in respect of the ship may, out of any money received on account of the ship, or belonging to the owner of it, retain an amount that is not more than the amount of levy so paid.
12 Regulations
(1) The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) Without limiting subsection (1), the regulations may provide for the refund or remission (in whole or in part) of an amount of levy paid or payable in respect of a ship in such circumstances as are specified in the regulations.
13 Amendments of Lighthouses Act 1911 [see Note 2]
The Lighthouses Act 1911 is amended as set out in the Schedule.
