{"id":"C2004A03910","name":"Marine Navigation Levy Collection Act 1989","slug":"marine-navigation-levy-collection-act-1989","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"162 of 1989","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":36922,"registerId":"commonwealth-C2004A03910-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Marine Navigation Levy Collection Act 1989.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This Act commences on the day on which the Marine Navigation Levy Act 1989 commences.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n  In this Act:\n\n> Australian port means a place appointed, proclaimed or prescribed as a port under the Customs Act 1901, or under a law of a State or the Northern Territory.\n\n> authorised person means a person appointed under section 5.\n\n> Collector means:\n\n    (a) a Collector within the meaning of the Customs Act 1901; or\n    (b) an authorised person.\n\n> exempt ship means a ship declared by the regulations to be an exempt ship.\n\n> home port, in relation to a ship, means the port notified by the ship’s owner or agent as the ship’s home port in a written notice to a Collector at that port.\n\n> levy means the levy payable in accordance with this Act and imposed by the Levy Act.\n\n> Levy Act means the Marine Navigation Levy Act 1989.\n\n> officer of Customs has the same meaning as in the Customs Act 1901.\n\n> quarter means a period of 3 months commencing on 1 January, 1 April, 1 July or 1 October in any year.\n\n> sea‑going ship includes a ship which, in the course of a voyage to or from an Australian port, passes an AMSA aid to navigation (as defined in the Navigation Act 2012).\n\n> ship includes every description of vessel used in navigation not ordinarily propelled by oars only.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Application to Crown","content":"#### 4 Application to Crown\n\n  This Act binds the Crown in right of each of the States, of the Australian Capital Territory and of the Northern Territory.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Appointment of authorised person","content":"#### 5 Appointment of authorised person\n\n  (1) The Minister may, in writing, appoint a person to be an authorised person for the purposes of this Act.\n  (2) The Minister may, in writing, delegate the power of appointment under subsection (1) to an officer of the Department.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Liability to levy","content":"#### 6 Liability to levy\n\n  (1) Levy is payable in respect of a sea‑going ship, other than an exempt ship.\n  (2) The following persons are jointly and separately liable to pay any levy that is payable in respect of a ship:\n    (a) the ship’s owner or master;\n    (b) an agent or consignee of the ship who has paid, or is liable to pay, any charge on account of the ship.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"When levy is payable","content":"#### 7 When levy is payable\n\n  (1) Levy in respect of a ship which trades solely between Australian ports (other than a ship to which subsection (2) applies) is payable on the first day of each quarter.\n  (2) Levy in respect of a ship is payable on the day on which the ship leaves an Australian port if the ship:\n    (a) is being first placed in commission after construction in that port; or\n    (b) is usually employed or moored within the limits of that port; or\n    (c) is an exempt ship on arrival at that port and stops being an exempt ship while in that port; or\n    (d) is placed in commission at that port, or is to be sent to sea from that port, after a period in respect of which levy was remitted under the regulations.\n  (3) Levy in respect of a ship (other than a ship to which subsection (1) or (2) applies) is payable:\n    (a) where levy has not previously been paid in respect of the ship—on the day of its arrival at an Australian port; or\n    (b) where 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\n    (c) where 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 day after the end of that period.\n  (4) Levy is not payable in respect of a ship under subsection (3) merely because the ship arrives at, or is in, an Australian port:\n    (a) to take aboard water, provisions or fuel to be used by it for completing a voyage; or\n    (b) to engage or discharge a member of the crew; or\n    (c) to disembark a passenger or a member of the crew for medical treatment; or\n    (d) for shelter, repairs or refitting.\n  (5) Levy is not payable under this section in respect of a ship more than 4 times in any period of 12 consecutive months.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"To whom levy is payable","content":"#### 8 To whom levy is payable\n\n  (1) Levy payable under subsection 7(1) must be paid:\n    (a) to a Collector at the ship’s home port; or\n    (b) to a Collector at such other Australian port as the owner or agent of the ship has specified in a written notice given, before the day on which the levy is payable, to a Collector at the ship’s home port.\n  (2) Levy payable under subsection 7(2) must be paid:\n    (a) to a Collector at the Australian port referred to in that subsection; or\n    (b) to a Collector at such other Australian port as the owner or agent of the ship has specified in a written notice given, before the day on which the levy is payable, to the Collector at that port.\n  (3) Levy payable under subsection 7(3) must be paid to a Collector at the Australian port referred to in that subsection.\n  (4) The payment of levy may be made:\n    (a) personally; or\n    (b) by post addressed to the Collector; or\n    (c) as otherwise prescribed.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Recovery of levy","content":"#### 9 Recovery of levy\n\n  Levy payable in respect of a ship may be recovered in any court of summary jurisdiction by proceedings in the name of a Collector.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Detention of ship","content":"#### 10 Detention of ship\n\n  (1) Any ship in respect of which levy is payable may be detained by any officer of Customs at any Australian port until the levy is paid.\n  (2) While a ship is detained under subsection (1), a person does not have the power of seizure provided for by section 123 of the Personal Property Securities Act 2009 in relation to the ship.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Rights of agent etc. who has paid levy","content":"#### 11 Rights of agent etc. who has paid levy\n\n  The agent or consignee of a ship who has paid an amount of levy in respect of the ship may, out of any money received on account of the ship, or belonging to the owner of it, retain an amount that is not more than the amount of levy so paid.","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Regulations","content":"#### 12 Regulations\n\n  (1) The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters:\n    (a) required or permitted by this Act to be prescribed; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n  (2) Without limiting subsection (1), the regulations may provide for the refund or remission (in whole or in part) of an amount of levy paid or payable in respect of a ship in such circumstances as are specified in the regulations.","sortOrder":11}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act remains tightly focused on its original purpose: establishing the administrative framework for collecting the marine navigation levy. The scope has not expanded beyond the machinery of collection (payment timing, enforcement via detention, recovery procedures) since its 1989 inception. The 2012 update to reference the Navigation Act 2012 (replacing earlier navigation legislation) was a technical amendment maintaining the same functional scope."},"complexity_factors":["Only 12 sections total, with straightforward sequential structure","11 defined terms in section 3, all clearly explained without circular definitions","Simple conditional logic in section 7 (when levy is payable) with clear subsections (a)-(d) rather than nested exceptions","Minimal cross-referencing — only references to companion Levy Act, Customs Act 1901, and Navigation Act 2012 for specific definitions","No delegated legislation complexity beyond standard regulation-making power in section 12","Clear liability chain in section 6 — joint and several liability explicitly stated without complex carve-outs"],"plain_english_summary":"**What this law does:**\n\nThis Act sets up the machinery for collecting a tax (called a \"levy\") on ships that use Australia's marine navigation aids. It's the administrative companion to the Marine Navigation Levy Act 1989 — while that Act imposes the tax, this one explains *how* to pay it, *when* it's due, and *who* is responsible.\n\n**Who it affects:**\n\n- **Ship owners and masters** — they're primarily on the hook for paying\n- **Shipping agents and consignees** — they can also be liable if they've paid charges on the ship's behalf\n- **Sea-going ships** visiting Australian ports — basically any vessel bigger than a rowboat that uses navigation aids like lighthouses and buoys maintained by AMSA (the Australian Maritime Safety Authority)\n\n**Key practical points:**\n\n- Ships trading only between Australian ports pay quarterly (like a subscription)\n- Ships arriving from overseas generally pay on arrival, or every 3 months if they stick around\n- Customs officers can **detain ships** (stop them from leaving port) until the levy is paid\n- There's a cap: no ship pays more than 4 times in any 12-month period\n- Some stops don't trigger payment — quick stops for fuel, medical emergencies, or shelter don't count\n\n**Why it matters:**\n\nThis is how Australia funds its marine navigation infrastructure. Without this collection mechanism, there'd be no practical way to enforce payment for the lighthouses, buoys, and beacons that keep shipping safe. The detention power is particularly significant — it gives real teeth to what might otherwise be an unenforceable charge."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"No change of scope is evident within the supplied text. The Act confines itself to collection and enforcement mechanisms for the levy imposed by the Marine Navigation Levy Act 1989, defines liable parties and enforcement powers, and delegates exemption/refund rules to regulations (see ss6,7,8,9,10,12)."},"complexity_factors":["Multiple timing rules for payment with different triggers (quarterly, on departure, on arrival or after gaps) (s7(1)–(3))","Joint and several liability across different actors (owner, master, agent/consignee) which affects collection strategy and disputes (s6(2))","Cross-references to external instruments and offices (Marine Navigation Levy Act 1989, Customs Act 1901, Navigation Act 2012) that require consulting other laws to determine scope and amounts (definitions and Levy Act references) (ss2,3, definitions)","Detention power for Customs officers and effect on third-party security remedies (detention under s10 and interaction with Personal Property Securities Act s123 referred to in s10(2))","Delegated appointment of authorised persons and administrative discretion in collection (Ministerial appointment/delegation) (s5)","Regulatory flexibility for exemptions, remissions and payment methods creating administrative rules outside the Act (s12; definition of exempt ship)","Limit on frequency of charging a ship (no more than 4 times in 12 months) which adds an operational compliance check (s7(5))","Payment location options and notice requirements that can shift collection points and record-keeping burdens (s8(1)–(3))","Recovery in courts of summary jurisdiction provides a uniform enforcement route but requires litigation resources (s9)"],"plain_english_summary":"This Act sets out how the Marine Navigation Levy imposed by the Marine Navigation Levy Act 1989 is collected and enforced. It specifies who is liable for the levy, when and where payments must be made, and how unpaid levies may be recovered or enforced.\n\nIt affects owners, masters and agents/consignees of sea‑going ships (except regulated exempt ships), and gives Customs officers and authorised Collectors powers to detain ships and commence recovery or refund processes."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act appears to fulfil its original and stated purpose: collecting a marine navigation levy from sea-going ships using Australian ports. There is no evident scope creep. The 2012 update to reference the Navigation Act 2012 (replacing older navigation legislation) was a technical modernisation, not a substantive change in scope."},"complexity_factors":["Multiple overlapping timing rules for when levy becomes payable (subsections 7(1), (2), (3), and (4) interact with each other)","Joint and several liability across multiple parties (owner, master, agent, consignee) creates potential ambiguity about who actually pays","Cross-referencing to multiple other Acts (Customs Act 1901, Navigation Act 2012, Personal Property Securities Act 2009, and the companion Levy Act)","Definition of 'sea-going ship' is broader than expected — includes ships that merely pass an AMSA navigation aid during a voyage","Administrative complexity around which Collector to pay and how to redirect payments via written notice","Regulations can create exemptions and remissions, meaning the full picture requires reading subordinate legislation"],"plain_english_summary":"This Act authorises collecting a levy from sea‑going vessels using Australian ports and waters to fund marine navigation services (lighthouses, buoys, etc.). It affects ship owners, masters, agents and consignees—Australian and foreign ships alike—while some vessels and certain short or emergency port calls are exempt.\n\nCollection timing: quarterly for domestic‑trading ships, on arrival for international calls (with a 3‑month rule) and capped at four charges in 12 months. Non‑payment can lead to ship detention or court recovery."}},"importantCases":[],"_links":{"self":"/api/acts/marine-navigation-levy-collection-act-1989","history":"/api/acts/marine-navigation-levy-collection-act-1989/history","analysis":"/api/acts/marine-navigation-levy-collection-act-1989/analysis","conflicts":"/api/acts/marine-navigation-levy-collection-act-1989/conflicts","importantCases":"/api/acts/marine-navigation-levy-collection-act-1989/important-cases","documents":"/api/acts/marine-navigation-levy-collection-act-1989/documents"}}