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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017-2018
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Marine Safety (Domestic Commercial
Vessel) Levy (Consequential
Amendments) Bill 2018
No. , 2018
(Infrastructure and Transport)
A Bill for an Act to deal with consequential matters
arising from the enactment of the Marine Safety
(Domestic Commercial Vessel) Levy Act 2018, and
for other purposes
No. , 2018
Marine Safety (Domestic Commercial Vessel) Levy (Consequential
Amendments) Bill 2018
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Australian Maritime Safety Authority Act 1990
3
Marine Navigation (Regulatory Functions) Levy Collection Act 1991
3
Marine Safety (Domestic Commercial Vessel) National Law Act 2012
4
No. , 2018
Marine Safety (Domestic Commercial Vessel) Levy (Consequential
Amendments) Bill 2018
1
A Bill for an Act to deal with consequential matters
1
arising from the enactment of the Marine Safety
2
(Domestic Commercial Vessel) Levy Act 2018, and
3
for other purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act is the Marine Safety (Domestic Commercial Vessel) Levy
7
(Consequential Amendments) Act 2018.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
Marine Safety (Domestic Commercial Vessel) Levy (Consequential
Amendments) Bill 2018
No. , 2018
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
1 July 2019.
However, the provisions do not commence
at all if the Marine Safety (Domestic
Commercial Vessel) Levy Act 2018 does not
commence.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedules
10
Legislation that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
Amendments Schedule 1
No. , 2018
Marine Safety (Domestic Commercial Vessel) Levy (Consequential
Amendments) Bill 2018
3
Schedule 1--Amendments
1
2
Australian Maritime Safety Authority Act 1990
3
1 After paragraph 48(1)(a)
4
Insert:
5
(aa) amounts received, or purportedly received, on behalf of the
6
Commonwealth, by way of:
7
(i) levy imposed by the Marine Safety (Domestic
8
Commercial Vessel) Levy Act 2018; or
9
(ii) instalments of that levy; and
10
2 After paragraph 48(1)(b)
11
Insert:
12
(ba) amounts received, or purportedly received, on behalf of the
13
Commonwealth, under section 13 of Marine Safety
14
(Domestic Commercial Vessel) Levy Collection Act 2018, as
15
advances on account of levy; and
16
3 At the end of subsection 48(1)
17
Add:
18
; and (d) amounts of penalty received, or purportedly received, on
19
behalf of the Commonwealth under the Marine Safety
20
(Domestic Commercial Vessel) Levy Collection Act 2018.
21
4 Subsection 48(1A)
22
Omit "paragraph (1)(a), (b) or (c)", substitute "paragraph (1)(a), (aa),
23
(b), (ba), (c) or (d)".
24
Marine Navigation (Regulatory Functions) Levy Collection
25
Act 1991
26
5 Section 3
27
Insert:
28
Schedule 1 Amendments
4
Marine Safety (Domestic Commercial Vessel) Levy (Consequential
Amendments) Bill 2018
No. , 2018
leviable domestic commercial vessel has the same meaning as in
1
the Marine Safety (Domestic Commercial Vessel) Levy Act 2018.
2
6 At the end of subsection 5(1)
3
Add "or a leviable domestic commercial vessel".
4
7 Application of amendment
5
The amendment of subsection 5(1) of the Marine Navigation
6
(Regulatory Functions) Levy Collection Act 1991 made by this
7
Schedule does not apply in relation to levy that became payable before
8
the commencement of this item.
9
Marine Safety (Domestic Commercial Vessel) National Law
10
Act 2012
11
8 Section 6 of the Marine Safety (Domestic Commercial
12
Vessel) National Law
13
Insert:
14
leviable domestic commercial vessel has the same meaning as in
15
the Marine Safety (Domestic Commercial Vessel) Levy Act 2018.
16
levy means levy imposed by the Marine Safety (Domestic
17
Commercial Vessel) Levy Act 2018.
18
9 After subsection 41(2A) of the Marine Safety (Domestic
19
Commercial Vessel) National Law
20
Insert:
21
(2B) If:
22
(a) a certificate of survey is in force for a leviable domestic
23
commercial vessel; and
24
(b) either:
25
(i) an amount of levy; or
26
(ii) an amount of instalment of levy;
27
payable in relation to the vessel remains unpaid after the time
28
when it became due for payment;
29
the National Regulator may suspend the certificate.
30
Amendments Schedule 1
No. , 2018
Marine Safety (Domestic Commercial Vessel) Levy (Consequential
Amendments) Bill 2018
5
10 At the end of section 42 of the Marine Safety (Domestic
1
Commercial Vessel) National Law
2
Add:
3
(3) If:
4
(a) a certificate of survey is in force for a leviable domestic
5
commercial vessel; and
6
(b) either:
7
(i) an amount of levy; or
8
(ii) an amount of instalment of levy;
9
payable in relation to the vessel remains unpaid after the time
10
when it became due for payment;
11
the National Regulator may revoke the certificate.
12
11 Subsection 72(2) of the Marine Safety (Domestic
13
Commercial Vessel) National Law
14
After "41(2A),", insert "41(2B),".
15
12 After subsection 101(1) of the Marine Safety (Domestic
16
Commercial Vessel) National Law
17
Insert:
18
(1A) If:
19
(a) an amount of levy; or
20
(b) an amount of instalment of levy;
21
payable in relation to a leviable domestic commercial vessel
22
remains unpaid after the time when it became due for payment:
23
(c) a marine safety inspector may detain the vessel and bring it,
24
or cause it to be brought, to:
25
(i) a port; or
26
(ii) another place that he or she considers appropriate; and
27
(d) the vessel is to be released from detention when the amount
28
is paid.
29
13 Subsection 101(2) of the Marine Safety (Domestic
30
Commercial Vessel) National Law
31
After "(1)", insert "or (1A)".
32
Schedule 1 Amendments
6
Marine Safety (Domestic Commercial Vessel) Levy (Consequential
Amendments) Bill 2018
No. , 2018
14 Paragraph 101(6)(a) of the Marine Safety (Domestic
1
Commercial Vessel) National Law
2
After "(1)", insert "or (1A)".
3
15 Subparagraph 139(1)(g)(i) of the Marine Safety (Domestic
4
Commercial Vessel) National Law
5
Omit "41(2) or (2A)", substitute "41(2), (2A) or (2B)".
6
16 Subparagraph 139(1)(i)(i) of the Marine Safety (Domestic
7
Commercial Vessel) National Law
8
After "42(2)", insert "or (3)".
9
17 Paragraph 139(2)(a) of the Marine Safety (Domestic
10
Commercial Vessel) National Law
11
After "101(1)", insert "or (1A)".
12