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This is a Bill, not an Act. For current law, see the Acts databases.
2016
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Seafarers Safety and Compensation
Levies Collection Bill 2016
No. , 2016
(Employment)
A Bill for an Act relating to the collection of levies
imposed by the Seafarers Safety and Compensation
Levies Act 2016, and for other purposes
No. , 2016
Seafarers Safety and Compensation Levies Collection Bill 2016
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Simplified outline of this Act ............................................................ 2
4
Definitions ......................................................................................... 3
5
Extent of Act ..................................................................................... 4
6
When levy is due for payment ........................................................... 4
7
Late payment penalty ........................................................................ 5
8
Recovery of levy and late payment penalty ....................................... 6
9
Employers to give returns to the Commission ................................... 6
10
Detention of vessel ............................................................................ 8
11
Levy taken to be levy in relation to a ship for certain
purposes of the Admiralty Act ........................................................... 8
12
Appointment of authorised persons ................................................... 8
13
Access to premises and books ........................................................... 8
14
Consent of occupier ........................................................................... 9
15
Announcement before entry under warrant ..................................... 10
16
Authorised person to be in possession of warrant ............................ 10
17
Details of warrant etc. to be given to occupier ................................ 10
18
Right to observe execution of warrant ............................................. 10
19
Warrants to enter premises .............................................................. 11
20
Identity cards ................................................................................... 12
21
Delegation by the Chief Executive Officer of Comcare .................. 13
22
Commonwealth payments to Comcare--seafarers cost
recovery levy etc.............................................................................. 13
23
Regulations ...................................................................................... 15
No. , 2016
Seafarers Safety and Compensation Levies Collection Bill 2016
1
A Bill for an Act relating to the collection of levies
1
imposed by the Seafarers Safety and Compensation
2
Levies Act 2016, and for other purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the Seafarers Safety and Compensation Levies
6
Collection Act 2016.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
Section 3
2
Seafarers Safety and Compensation Levies Collection Bill 2016
No. , 2016
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 and
2 and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Sections 3 to
23
At the same time as section 3 of the
Seafarers Safety and Compensation Levies
Act 2016 commences.
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 Simplified outline of this Act
10
•
This Act is about the collection of levy imposed by the
11
Seafarers Safety and Compensation Levies Act 2016.
12
•
Levy imposed on seafarer berths on the first day of a quarter is
13
due for payment at the end of 14 days after the start of the
14
quarter.
15
•
Late payment penalty will be payable if levy remains unpaid
16
after it becomes due for payment.
17
•
An employer must give a quarterly return to the Commission.
18
Section 4
No. , 2016
Seafarers Safety and Compensation Levies Collection Bill 2016
3
•
If levy relating to seafarer berths on a prescribed vessel
1
remains unpaid after it becomes due for payment, the vessel
2
may be detained by an authorised person.
3
•
An authorised person may:
4
(a)
enter premises under warrant or with the consent of the
5
occupier; and
6
(b)
search for documents and other things relating to berths
7
on which levy is, or may be, payable.
8
•
The Commonwealth must pay to Comcare amounts equal to
9
amounts of seafarers cost recovery levy received by the
10
Commonwealth. After Comcare receives such an amount from
11
the Commonwealth, Comcare may distribute part of the
12
amount to the Australian Maritime Safety Authority.
13
4 Definitions
14
In this Act:
15
authorised person means a person appointed as an authorised
16
person under section 12.
17
Comcare means the body corporate established by section 68 of
18
the Safety, Rehabilitation and Compensation Act 1988.
19
Commission means the Safety, Rehabilitation and Compensation
20
Commission.
21
Note:
The Commission is established by section 89A of the Safety,
22
Rehabilitation and Compensation Act 1988.
23
employer means a person who employs one or more seafarers on a
24
prescribed vessel.
25
identity card, in relation to an authorised person, means a card
26
issued to the person under section 20.
27
late payment penalty means an amount payable under section 7.
28
levy means:
29
Section 5
4
Seafarers Safety and Compensation Levies Collection Bill 2016
No. , 2016
(a) seafarers insurance levy; or
1
(b) seafarers cost recovery levy.
2
premises includes:
3
(a) a structure, building, vehicle or vessel; and
4
(b) a place (whether enclosed or built on or not); and
5
(c) a part of premises (including premises of a kind referred to in
6
paragraph (a) or (b)).
7
prescribed vessel has the same meaning as in the Seafarers
8
Rehabilitation and Compensation Act 1992.
9
quarter means a period of 3 months beginning on 1 January,
10
1 April, 1 July or 1 October.
11
seafarer has the same meaning as in the Seafarers Rehabilitation
12
and Compensation Act 1992.
13
seafarer berth has the same meaning as in the Seafarers Safety and
14
Compensation Levies Act 2016.
15
seafarers cost recovery levy has the same meaning as in the
16
Seafarers Safety and Compensation Levies Act 2016.
17
seafarers insurance levy has the same meaning as in the Seafarers
18
Safety and Compensation Levies Act 2016.
19
5 Extent of Act
20
This Act extends to all places outside Australia, including the
21
external Territories.
22
6 When levy is due for payment
23
If levy is imposed on seafarer berths on a prescribed vessel on the
24
first day of a quarter, the levy is due for payment at the end of the
25
period of 14 days after the start of the quarter.
26
Note:
See also sections 25M and 25N of the Seafarers Rehabilitation and
27
Compensation Act 1992 (exemptions).
28
Section 7
No. , 2016
Seafarers Safety and Compensation Levies Collection Bill 2016
5
7 Late payment penalty
1
Penalty
2
(1) If an amount of levy payable by a person remains unpaid after the
3
time when it became due for payment, the person is liable to pay,
4
by way of penalty, an amount calculated at the rate of:
5
(a) 20% per annum; or
6
(b) if a lower rate per annum is specified in the regulations--that
7
lower rate per annum;
8
on the amount unpaid, computed from that time.
9
Power to remit
10
(2) The Commission may remit the whole or a part of an amount
11
payable under subsection (1) if:
12
(a) the Commission is satisfied that the person did not contribute
13
to the delay in payment and has taken reasonable steps to
14
mitigate the causes of the delay; or
15
(b) the Commission is satisfied:
16
(i) that the person contributed to the delay but has taken
17
reasonable steps to mitigate the causes of the delay; and
18
(ii) having regard to the nature of the reasons that caused
19
the delay, that it would be fair and reasonable to remit
20
some or all of the amount; or
21
(c) the Commission is satisfied that there are special
22
circumstances that make it reasonable to remit some or all of
23
the amount.
24
(3) The Commission may exercise the power conferred by
25
subsection (2):
26
(a) on written application being made to the Commission by a
27
person; or
28
(b) on the Commission's own initiative.
29
Refusal
30
(4) If:
31
Section 8
6
Seafarers Safety and Compensation Levies Collection Bill 2016
No. , 2016
(a) the Commission decides to refuse to remit the whole or a part
1
of an amount payable under subsection (1); and
2
(b) the Commission made the decision in response to an
3
application;
4
the Commission must give written notice of the decision to the
5
applicant.
6
Review of decisions
7
(5) Applications may be made to the Administrative Appeals Tribunal
8
for review of a decision of the Commission to refuse to remit, or to
9
remit only part of, an amount payable under subsection (1).
10
8 Recovery of levy and late payment penalty
11
Scope
12
(1) This section applies to the following amounts:
13
(a) an amount of levy;
14
(b) an amount of late payment penalty.
15
Recovery
16
(2) The amount:
17
(a) is a debt due to the Commonwealth; and
18
(b) may be recovered by the Commonwealth by action in a court
19
of competent jurisdiction.
20
9 Employers to give returns to the Commission
21
(1) If, on the first day of a quarter, the following conditions are
22
satisfied in relation to one or more seafarer berths:
23
(a) the seafarer berths are on a particular prescribed vessel;
24
(b) the seafarer berths are normally used by seafarers who are
25
employed by a particular employer;
26
the employer must:
27
(c) give the Commission a return, in the approved form, setting
28
out:
29
(i) the number of those berths; and
30
Section 9
No. , 2016
Seafarers Safety and Compensation Levies Collection Bill 2016
7
(ii) such other information relating to those berths as is
1
specified in the form; and
2
(d) do so within 14 days after the start of the quarter.
3
(2) For the purposes of subsection (1), approved form means a form
4
approved, in writing, by the Chief Executive Officer of Comcare.
5
(3) Subsection (1) does not apply to a quarter that began before the
6
commencement of this section.
7
Offence
8
(4) A person commits an offence if:
9
(a) the person is subject to a requirement under subsection (1);
10
and
11
(b) the person omits to do an act; and
12
(c) the omission breaches the requirement.
13
Penalty: 5 penalty units.
14
(5) Subsection (4) is an offence of strict liability.
15
Note:
For strict liability, see section 6.1 of the Criminal Code.
16
(6) Subsection (4) does not apply if the person has a reasonable
17
excuse.
18
Note:
A defendant bears an evidential burden in relation to the matter in
19
subsection (6) (see subsection 13.3(3) of the Criminal Code).
20
Self-incrimination
21
(7) A person is not excused from giving a return on the ground that the
22
return might tend to incriminate the person or expose the person to
23
a penalty.
24
(8) However, in the case of an individual:
25
(a) the return; or
26
(b) giving the return; or
27
(c) any information, document or thing obtained as a direct or
28
indirect consequence of giving the return;
29
is not admissible in evidence against the individual:
30
Section 10
8
Seafarers Safety and Compensation Levies Collection Bill 2016
No. , 2016
(d) in civil proceedings for the recovery of a penalty (other than
1
proceedings for the recovery of late payment penalty); or
2
(e) in criminal proceedings, other than proceedings for:
3
(i) an offence against subsection (4) of this section; or
4
(ii) an offence against section 137.1 or 137.2 of the
5
Criminal Code in relation to the return.
6
10 Detention of vessel
7
If an amount of levy imposed on seafarer berths on a prescribed
8
vessel remains unpaid after the levy becomes due for payment, the
9
vessel may be detained by an authorised person until the amount is
10
paid.
11
11 Levy taken to be levy in relation to a ship for certain purposes of
12
the Admiralty Act
13
Levy is taken to be a levy in relation to a ship for the purposes of
14
paragraph 4(3)(q) of the Admiralty Act 1988.
15
12 Appointment of authorised persons
16
The Chief Executive Officer of Comcare may, in writing, appoint:
17
(a) the Deputy Chief Executive Officer of Comcare; or
18
(b) a member of Comcare's staff:
19
(i) who is an SES employee or acting SES employee; or
20
(ii) who is an APS employee who occupies, or performs the
21
duties of, an Executive Level 1 or 2 position or an
22
equivalent position;
23
to be an authorised person for the purposes of a specified provision
24
of this Act.
25
13 Access to premises and books
26
(1) An authorised person may:
27
(a) with the consent of the occupier of premises; or
28
(b) in accordance with a section 19 warrant that relates to
29
premises;
30
Section 14
No. , 2016
Seafarers Safety and Compensation Levies Collection Bill 2016
9
enter the premises for the purpose of exercising the powers of an
1
authorised person under this section.
2
Powers of an authorised person
3
(2) The powers of an authorised person under this section are to:
4
(a) search for, examine, take extracts from, and make copies of,
5
a document; and
6
(b) search for, and examine, a thing;
7
relating to berths on which levy is, or may be, payable.
8
14 Consent of occupier
9
(1) Before obtaining the consent of an occupier of premises for the
10
purposes of paragraph 13(1)(a), an authorised person must inform
11
the occupier that the occupier may refuse consent.
12
(2) A consent has no effect unless the consent is voluntary.
13
(3) A consent may be expressed to be limited to entry during a
14
particular period. If so, the consent has effect for that period unless
15
the consent is withdrawn before the end of that period.
16
(4) A consent that is not limited as mentioned in subsection (3) has
17
effect until the consent is withdrawn.
18
(5) If an authorised person entered premises because of the consent of
19
the occupier of the premises, the authorised person must leave the
20
premises if the consent ceases to have effect.
21
(6) If:
22
(a) an authorised person enters premises because of the consent
23
of the occupier of the premises; and
24
(b) the authorised person has not shown the occupier his or her
25
identity card before entering the premises;
26
the authorised person must do so on, or as soon as is reasonably
27
practicable after, entering the premises.
28
Section 15
10
Seafarers Safety and Compensation Levies Collection Bill 2016
No. , 2016
15 Announcement before entry under warrant
1
Before entering premises under a section 19 warrant, an authorised
2
person must:
3
(a) announce that he or she is authorised to enter the premises;
4
and
5
(b) show his or her identity card to the occupier of the premises,
6
or to another person who apparently represents the occupier,
7
if the occupier or other person is present at the premises; and
8
(c) give any person at the premises an opportunity to allow entry
9
to the premises.
10
16 Authorised person to be in possession of warrant
11
An authorised person executing a section 19 warrant must be in
12
possession of the warrant or a copy of the warrant.
13
17 Details of warrant etc. to be given to occupier
14
If:
15
(a) a section 19 warrant is being executed in relation to premises;
16
and
17
(b) the occupier of the premises, or another person who
18
apparently represents the occupier, is present at the premises;
19
the authorised person must, as soon as practicable:
20
(c) make a copy of the warrant available to the occupier or other
21
person; and
22
(d) inform the occupier or other person in writing of the rights of
23
the occupier or other person under section 18.
24
18 Right to observe execution of warrant
25
(1) The occupier of premises to which a section 19 warrant relates, or
26
another person who apparently represents the occupier, is entitled
27
to observe the execution of the section 19 warrant if the occupier or
28
other person is present at the premises while the warrant is being
29
executed.
30
Section 19
No. , 2016
Seafarers Safety and Compensation Levies Collection Bill 2016
11
(2) The right to observe the execution of the warrant ceases if the
1
occupier or other person impedes that execution.
2
(3) This section does not prevent the execution of the warrant in 2 or
3
more areas of the premises at the same time.
4
19 Warrants to enter premises
5
Application for warrant
6
(1) If an authorised person suspects on reasonable grounds that there is
7
on particular premises a book, document or thing relating to berths
8
on which levy is, or may be, payable, the person may apply to a
9
Magistrate for a warrant under this section.
10
Issue of warrant
11
(2) If the Magistrate is satisfied, by information on oath or affirmation,
12
that:
13
(a) there are reasonable grounds for believing that there is on the
14
premises a book, document or thing relating to berths on
15
which levy is, or may be, payable; and
16
(b) the issue of a warrant is reasonably necessary for the
17
purposes of this Act;
18
the Magistrate may issue a warrant authorising the applicant to
19
enter the premises with such assistance, and using such force, as is
20
necessary and reasonable for the purpose of exercising some or all
21
of the powers of an authorised person under subsection 13(2).
22
(3) The Magistrate must not issue a warrant unless:
23
(a) the informant or some other person has given to the
24
Magistrate, either orally or by affidavit, such further
25
information (if any) as the Magistrate requires concerning the
26
grounds on which the issue of the warrant is being sought;
27
and
28
(b) the Magistrate is satisfied that there are reasonable grounds
29
for issuing the warrant.
30
(4) The warrant must state that the warrant is issued under this section.
31
Section 20
12
Seafarers Safety and Compensation Levies Collection Bill 2016
No. , 2016
(5) There must be stated in the warrant:
1
(a) the premises to which the warrant relates; and
2
(b) the purpose for which the warrant is issued; and
3
(c) the powers exercisable under subsection 13(2) by the
4
authorised person to whom the warrant is issued; and
5
(d) a day (not more than 7 days after the day of issue of the
6
warrant) on which the warrant ceases to have effect; and
7
(e) whether entry is authorised to be made at any time of the day
8
or night, or during specified hours of the day or night; and
9
(f) a description of the book, document or thing that the
10
applicant suspects is on the premises.
11
20 Identity cards
12
(1) The Chief Executive Officer of Comcare may cause an identity
13
card to be issued to an authorised person.
14
(2) An identity card must:
15
(a) contain a recent photograph of the authorised person to
16
whom it is issued; and
17
(b) be in a form approved, in writing, by the Chief Executive
18
Officer of Comcare.
19
Offence
20
(3) A person commits an offence if:
21
(a) the person has been issued with an identity card; and
22
(b) the person ceases to be an authorised person; and
23
(c) the person does not, as soon as practicable after so ceasing,
24
return the identity card to the Chief Executive Officer of
25
Comcare.
26
Penalty: 1 penalty unit.
27
(4) Subsection (3) is an offence of strict liability.
28
Note:
For strict liability, see section 6.1 of the Criminal Code.
29
Section 21
No. , 2016
Seafarers Safety and Compensation Levies Collection Bill 2016
13
Defence--card lost or destroyed
1
(5) Subsection (3) does not apply if the identity card was lost or
2
destroyed.
3
Note:
A defendant bears an evidential burden in relation to the matter in this
4
subsection (see subsection 13.3(3) of the Criminal Code).
5
21 Delegation by the Chief Executive Officer of Comcare
6
(1) The Chief Executive Officer of Comcare may, in writing, delegate
7
all or any of his or her functions and powers under this Act (other
8
than section 12) to:
9
(a) the Deputy Chief Executive Officer of Comcare; or
10
(b) a member of Comcare's staff:
11
(i) who is an SES employee or acting SES employee; or
12
(ii) who is an APS employee who occupies, or performs the
13
duties of, an Executive Level 1 or 2 position or an
14
equivalent position.
15
(2) A delegate is, in the exercise of a delegated power, subject to the
16
directions of the Chief Executive Officer of Comcare.
17
22 Commonwealth payments to Comcare--seafarers cost recovery
18
levy etc.
19
Payments to Comcare
20
(1) The Commonwealth must pay to Comcare amounts equal to:
21
(a) amounts of seafarers cost recovery levy received by the
22
Commonwealth; and
23
(b) amounts of late payment penalty received by the
24
Commonwealth in relation to unpaid seafarers cost recovery
25
levy.
26
(2) If the whole or a part of an amount referred to in paragraph (1)(a)
27
or (b) is refunded, Comcare must pay to the Commonwealth an
28
amount equal to the refund.
29
Section 22
14
Seafarers Safety and Compensation Levies Collection Bill 2016
No. , 2016
(3) The Minister may, on behalf of the Commonwealth, set off an
1
amount payable by Comcare under subsection (2) against an
2
amount that is payable to Comcare under subsection (1).
3
(4) The Consolidated Revenue Fund is appropriated for the purposes
4
of making payments under subsection (1).
5
Distribution to the Australian Maritime Safety Authority
6
(5) After Comcare receives an amount under subsection (1) (the
7
received amount), Comcare may pay to the Australian Maritime
8
Safety Authority an amount equal to so much of the received
9
amount as may reasonably be regarded as attributable to
10
expenditure that was incurred:
11
(a) by the Australian Maritime Safety Authority; and
12
(b) in, or attributable to, the administration of the Work Health
13
and Safety Act 2011, so far as that Act applies because of
14
subsection 12(8A) of that Act.
15
(6) If:
16
(a) Comcare receives an amount under subsection (1) (the
17
received amount) as a consequence of the receipt by the
18
Commonwealth of an amount referred to in paragraph (1)(a)
19
or (b); and
20
(b) the whole or a part of the amount referred to in
21
paragraph (1)(a) or (b) is refunded; and
22
(c) Comcare has paid an amount to the Australian Maritime
23
Safety Authority under subsection (5) (the distributed
24
amount) as a consequence of the receipt by Comcare of the
25
received amount;
26
then:
27
(d) if the whole of the amount referred to in paragraph (1)(a) or
28
(b) is refunded--the Australian Maritime Safety Authority
29
must pay to Comcare an amount equal to the distributed
30
amount; or
31
(e) if a part of the amount referred to in paragraph (1)(a) or (b) is
32
refunded--the Australian Maritime Safety Authority must
33
pay to Comcare an amount equal to the relevant percentage
34
of the distributed amount.
35
Section 23
No. , 2016
Seafarers Safety and Compensation Levies Collection Bill 2016
15
(7) For the purposes of paragraph (6)(e), the relevant percentage is the
1
percentage of the amount referred to in paragraph (1)(a) or (b) that
2
is attributable to the part of that amount.
3
(8) Comcare may set off an amount payable by the Australian
4
Maritime Safety Authority under subsection (6) against an amount
5
that is payable to the Australian Maritime Safety Authority under
6
subsection (5).
7
23 Regulations
8
(1) The Governor-General may make regulations prescribing matters:
9
(a) required or permitted by this Act to be prescribed; or
10
(b) necessary or convenient to be prescribed for:
11
(i) carrying out or giving effect to this Act; or
12
(ii) facilitating the collection or recovery of amounts of
13
levy; or
14
(iii) facilitating the collection or recovery of amounts of late
15
payment penalty.
16
(2) The matters that may be prescribed under subsection (1) include
17
(but are not limited to):
18
(a) providing for the manner of payment of levy; and
19
(b) providing for the manner of payment of late payment penalty;
20
and
21
(c) providing for the repayment of overpayments; and
22
(d) requiring employers to keep records relating to seafarer
23
berths on prescribed vessels; and
24
(e) requiring employers to give information relating to seafarer
25
berths on prescribed vessels to such persons as are
26
prescribed; and
27
(f) penalties, not exceeding 10 penalty units, for offences against
28
the regulations.
29