(1)  This regulation applies to a commercial vessel that is present in commercial waters if one or more of the following apply to the vessel:

(a) the home port of the vessel is in Tasmania;

(b) the vessel is owned by –

(i) an individual whose principal place of residence is in Tasmania; or

(ii) a person whose place of business, or principal place of business, is in Tasmania and the commercial vessel is operated as part of the business;

(c) the vessel is chartered by a person –

(i) whose place of business, or principal place of business, is in Tasmania; and

(ii) who intends to operate the commercial vessel as part of the business;

(d) the vessel is owned, or operated, by a person whose principal place of business for managing the operations of the commercial vessel is in Tasmania;

(e) the vessel has been present in coastal waters in the preceding 12-month period, unless the owner of the vessel proves, to the satisfaction of MAST, that the vessel was only present in coastal waters in that 12-month period for a cumulative period of less than 90 calendar days.

(2)  The owner of a commercial vessel to whom a notice under subregulation (3) has been issued must not operate the vessel, or allow the vessel to be operated, in State waters in a financial year, unless –

(a) a label has been issued under subregulation (5) , and is in force, in respect of the vessel for that financial year; and

(b) that label is displayed in accordance with the requirements specified in relation to that financial year in a notice issued under subregulation (5) in relation to the vessel.

Penalty:  Fine not exceeding 10 penalty units.

(3)  MAST may issue, to the owner of a commercial vessel to which this regulation applies, a notice in writing requiring the owner to pay to MAST, by the date specified in the notice, the amount of the annual infrastructure administration fee determined in relation to the vessel in accordance with Schedule 4 .

(4)  The owner of a commercial vessel to whom a notice under subregulation (3) has been issued must pay to MAST, by the date specified in the notice, the amount of the annual infrastructure administration fee payable for that vessel for a financial year, as specified in the notice.

(5)  If MAST receives from the owner of a commercial vessel the amount specified in a notice issued to the owner in respect of that commercial vessel under subregulation (3) , MAST is to issue the owner with –

(a) a label, in an approved form, in respect of the vessel for that financial year; and

(b) a notice specifying where the label is to be displayed on the vessel.

(6)  Despite subregulation (5) , MAST may refuse to issue a label for a commercial vessel until all fees due and owing to MAST in respect of the vessel, under the Act or any other Act, are paid.

(7)  If the owner of a commercial vessel receives a notice under subregulation (3) and does not pay the annual infrastructure administration fee specified in the notice within 21 days after the date specified in the notice, MAST may, by notice in writing to the owner, charge the owner an additional late fee of 20% of the amount of the annual infrastructure administration fee.

(8)  The owner of a commercial vessel to whom a notice under subregulation (7) has been issued must pay to MAST, by the date specified in the notice, the late fee payable as specified in the notice.

(9)  For the purposes of determining the relevant annual infrastructure administration fee in Schedule 4 in respect of a vessel, a measurement of the length of the vessel is to be rounded up to the nearest whole centimetre.