Marine Safety (Domestic Commercial Vessel) National Law Amendment (Cost Recovery) Regulations 2018

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 21 June 2018

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Michael McCormack

Deputy Prime Minister and Minister for Infrastructure and Transport

Contents

1 Name

2 Commencement

3 Authority

4 Schedules

Schedule 1—Amendments

Marine Safety (Domestic Commercial Vessel) National Law Regulation 2013

1  Name

  This instrument is the Marine Safety (Domestic Commercial Vessel) National Law Amendment (Cost Recovery) Regulations 2018.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under the Marine Safety (Domestic Commercial Vessel) National Law Act 2012.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Marine Safety (Domestic Commercial Vessel) National Law Regulation 2013

1  Section 50 (heading)

Repeal the heading, substitute:

50  Fees relating to accreditation of marine surveyors

2  After subsection 50(2)

Insert:

 (2A) For the purposes of subsection 150(1) of the National Law, the fees set out in the following table for providing a service mentioned in the table are prescribed.

Note: Fees are indexed under section 52.

3  Subsection 50(3)

After “renewal”, insert “or variation”.

4  After section 50

Insert:

50A  Fees relating to unique identifiers

 (1) For the purposes of subsection 150(1) of the National Law, a fee of $159 for assessing an application under section 30 of the National Law for a unique identifier for a domestic commercial vessel is prescribed.

Note: Fees are indexed under section 52.

 (2) If an application for a unique identifier for a domestic commercial vessel is not accompanied by the prescribed fee, the National Regulator is not required to deal with the application unless and until the fee is paid.

50B  Fees relating to certificates

 (1) For the purposes of subsection 150(1) of the National Law, the fees set out in the following table for providing a service mentioned in the table are prescribed.

Note: Fees are indexed under section 52.

 (2) For the purposes of items 9 and 10 of the table, the certificates of competency are the following certificates described in a Marine Order:

 (a) Master <24 m NC;

 (b) Master (Inland Waters);

 (c) Coxswain Grade 1 (NC);

 (d) Coxswain Grade 2 NC;

 (e) Marine Engine Driver Grade 2 (NC);

 (f) Marine Engine Driver Grade 3 (NC);

 (g) General Purpose Hand (NC).

 (3) For the purposes of items 9 and 10 of the table, the certificates of competency are the following certificates described in a Marine Order:

 (a) Master <35 m NC;

 (b) Master < 80 m NC;

 (c) Mate < 80 m NC;

 (d) Marine Engine Driver Grade 1 (NC);

 (e) Engineer Class 3 (NC).

 (4) If an application for the issue, variation, suspension, revocation, renewal or replacement of a certificate is not accompanied by the prescribed fee, the National Regulator is not required to deal with the application unless and until the fee is paid.

50C  Fees relating to approvals under exemptions granted on initiative of National Regulator

 (1) For the purposes of subsection 150(1) of the National Law, the fees set out in the following table are prescribed for assessing an application for an approval under an exemption granted on the National Regulator’s initiative under paragraph 143(4)(b) of the National Law.

Note: Fees are indexed under section 52.

 (2) If an exemption (the replacement exemption) granted under paragraph 143(4)(b) of the National Law on the National Regulator’s initiative is expressed to replace an exemption (the old exemption) that is referred to in an item of the table in subsection (1) (including because of a previous application of this subsection) then the item has affect as if it referred to the replacement exemption instead of the old exemption.

 (3) If an application referred to in subsection (1) is not accompanied by the prescribed fee, the National Regulator is not required to deal with the application unless and until the fee is paid.

5  Paragraph 52(1)(c)

Repeal the paragraph, substitute:

 (c) the table in subsection 50(2A);

 (d) section 50A;

 (e) the tables in subsections 50B(1), 50C(1) and 51(1).

6  Part 5 (heading)

Repeal the heading, substitute:

Part 5—Application and transitional provisions

Division 1—Application of amendments made by the Marine Safety (Domestic Commercial Vessel) National Law Amendment (Cost Recovery) Regulation 2016

7  At the end of the instrument

Add:

Division 2—Application of amendments made by the Marine Safety (Domestic Commercial Vessel) National Law Amendment (Cost Recovery) Regulations 2018

54  Application of amendments

Applications and requests

 (1) The amendments made by the Marine Safety (Domestic Commercial Vessel) National Law Amendment (Cost Recovery) Regulations 2018 apply in relation to applications and requests made on or after 1 July 2018.

Annual indexation

 (2) Section 52, as amended by the Marine Safety (Domestic Commercial Vessel) National Law Amendment (Cost Recovery) Regulations 2018, applies in relation to indexation days occurring on or after 1 July 2019.