Commonwealth Numbered Acts

BALLAST WATER RESEARCH AND DEVELOPMENT FUNDING LEVY COLLECTION ACT 1998No. 38, 1998 - SECT 7

(2) Levy in respect of a ship that:

(a) is being first placed in commission after construction in an Australian port; or

(b) is usually employed or moored within the limits of an Australian port; or

(c) is an exempt ship on arrival at an Australian port and stops being an exempt ship while in that port; or

(d) is placed in commission at an Australian port, or is to be sent to sea from an Australian 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) if levy has not previously been paid in respect of the ship--on the day of its arrival at an Australian port; or

(b) if 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) if 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 first-mentioned day.

(5) In subsection (4):

emergency includes, but is not limited to, the occurrence of a need:

(a) to take aboard water, provisions or fuel to be used by the ship 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.