Protection of the Sea (Shipping Levy) Act 1981

Protection of the Sea (Shipping Levy) Act 1981 Act No. 34 of 1981 as amended This compilation was prepared on 5 October 2005 taking into account amendments up to Act No. 120 of 2005 The text of any of those amendments not in force on that date is appended in the Notes section The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section Prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, Canberra Protection of the Sea (Shipping Levy) Act 1981 iii Contents 1) ................................................................................. 1 ......................................................................... Short title [see Note 1] 1 2) ................................................................................. 2 ............................................................... Commencement [see Note 1] 1 3) ................................................................................. 3 .................................................................................................. Repeal 1 4) ................................................................................. 4 ........................................................... Incorporation of Collection Act 1 5) ................................................................................. 5 ................................................................................ Imposition of levy 1 6) ................................................................................. 6 ......................................................................................... Rate of levy 1 7) ................................................................................. 7 .................................................................... Minimum amount of levy 2 8) ................................................................................. 8 ............................................................................... Application of Act 2 9) ................................................................................. 9 .......................................................................................... Regulations 2 Article II. Notes 3 Protection of the Sea (Shipping Levy) Act 1981 1 An Act to impose a levy in respect of certain ships in Australian ports with oil on board 1 Short title [see Note 1] This Act may be cited as the Protection of the Sea (Shipping Levy) Act 1981. 2 Commencement [see Note 1] (1) This Act shall come into operation on a date to be fixed by Proclamation. (2) The date fixed under subsection (1) shall not be a date other than the first day of a quarter. 3 Repeal The Pollution of the Sea by Oil (Shipping Levy) Act 1972 is repealed. 4 Incorporation of Collection Act The Protection of the Sea (Shipping Levy Collection) Act 1981 is incorporated in, and shall be read as one with, this Act. 5 Imposition of levy Where, at any time during a quarter when a ship to which this Act applies was in an Australian port, there was on board the ship a quantity of oil in bulk weighing not less than 10 tonnes, levy is imposed in respect of the ship for the quarter. 6 Rate of levy The rate of levy for a quarter is such rate per ton of the tonnage of a ship as is prescribed and is, in accordance with the regulations, applicable to the quarter. Section 7 2 Protection of the Sea (Shipping Levy) Act 1981 7 Minimum amount of levy Where, but for this section, the amount of the levy payable in respect of a ship for a quarter would be less than such amount, being an amount not exceeding $25, as is prescribed for the purposes of this section and is, in accordance with the regulations, applicable to the quarter, the amount of the levy payable in respect of the ship for the quarter is the amount so prescribed. 8 Application of Act (1) This Act applies to a ship (including a ship that is laid up) the tonnage length of which is not less than 24 metres, but does not apply to a ship: (a) that belongs to, or is for the time being demised or sub-demised to or in the exclusive possession of, an arm of the Defence Force of Australia or the armed forces of a country other than Australia; (b) that belongs to, or is for the time being demised or sub-demised to or in the exclusive possession of, the Commonwealth or a State or Territory, or an authority of the Commonwealth or of a State or Territory, and is not engaged in trade; or (c) the beneficial interest in which is vested in the Commonwealth or a State or Territory, or an authority of the Commonwealth or of a State or Territory, and that is not engaged in trade. (2) The tonnage length of a ship shall be determined, for the purposes of subsection (1), in the same manner as it is determined for the purposes of the Shipping Registration Act 1981. 9 Regulations The Governor-General may make regulations for the purposes of sections 6 and 7. Notes to the Protection of the Sea (Shipping Levy) Act 1981 Table of Acts Protection of the Sea (Shipping Levy) Act 1981 3 Notes to the Protection of the Sea (Shipping Levy) Act 1981 Note 1 The Protection of the Sea (Shipping Levy) Act 1981 as shown in this compilation comprises Act No. 34, 1981 amended as indicated in the Tables below. Table of Acts Act Number and year Date of Assent Date of commencement Application, saving or transitional provisions Protection of the Sea (Shipping Levy) Act 1981 34, 1981 14 Apr 1981 1 Oct 1982 (see Gazette 1982, No. S197) Protection of the Sea (Shipping Levy) Amendment Act 1984 17, 1984 26 Apr 1984 1 Oct 1985 (see s. 2 and Gazette 1985, No. S394) — Protection of the Sea (Shipping Levy) Amendment Act 1993 15, 1994 19 Jan 1994 19 Jan 1994 — Protection of the Sea (Shipping Levy) Amendment Act 2005 120, 2005 4 Oct 2005 5 Oct 2005 — Notes to the Protection of the Sea (Shipping Levy) Act 1981 Table of Amendments Protection of the Sea (Shipping Levy) Act 1981 5 Table of Amendments ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted Provision affected How affected S. 6 ........................................... am. No. 15, 1994; No. 120, 2005 S. 8 ........................................... am. No. 17, 1984