{"id":"F2018L01300","name":"Marine Navigation Levy Collection Regulations 2018","slug":"marine-navigation-levy-collection-regulations-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439776,"registerId":"F2018L01300-fast-fetch-1775955667255","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Marine Navigation Levy Collection Regulations 2018","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nMarine Navigation Levy Collection Regulations 2018\n\nI, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.\n\nDated 13 September 2018\n\nPeter Cosgrove\n\nGovernor‑General\n\nBy His Excellency’s Command\n\nMichael McCormack\n\nDeputy Prime Minister and Minister for Infrastructure, Transport and Regional Development\n\n \n\n \n\n \n\n \n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Schedules\n\n5 Definitions\n\n6 Exempt ships\n\n7 Refund of levy\n\n8 Remission of levy\n\n9 Payment of levy\n\n10 When a ship is prevented from putting to sea\n\nSchedule 1—Repeals\n\nMarine Navigation Levy Collection Regulations 1990\n\n1  Name\n\n  This instrument is the Marine Navigation Levy Collection Regulations 2018.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument 1 October 2018. 1 October 2018\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under the Marine Navigation Levy Collection Act 1989.\n\n4  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n5  Definitions\n\nNote: A number of expressions used in this instrument are defined in the Act, including the following:\n\n(a) Australian port;\n\n(b) Levy Act;\n\n(c) quarter.\n\n  In this instrument:\n\nAct means the Marine Navigation Levy Collection Act 1989.\n\nprevented from putting to sea: see section 10.\n\nproperty of any kind belonging to a State: see subsection 6(2).\n\ntonnage length: see subsection 6(2).\n\n6  Exempt ships\n\n (1) For the purposes of the definition of exempt ship in section 3 of the Act, the following are declared to be exempt ships:\n\n (a) a ship owned or operated by a foreign country, other than a ship being used in trade or carrying goods under freight or charter;\n\n (b) a ship belonging to the Australian Defence Force;\n\n (c) a ship belonging to, or requisitioned or chartered by, the Commonwealth;\n\n (d) a ship that is property of any kind belonging to a State;\n\n (e) any other ship being used for the purposes of a State or Territory, or an authority of a State or Territory, other than a ship being used in trade or carrying goods under freight or charter;\n\n (f) a ship only being used in fishing or searching for, or taking, sedentary organisms within the meaning of the Fisheries Management Act 1991;\n\n (g) a ship only being used in attending upon a ship covered by paragraph (f);\n\n (h) a ship, other than a tug, that:\n\n (i) is only carrying ballast; and\n\n (ii) arrives at an Australian port for a purpose not involving loading cargo or taking on passengers;\n\n (i) a recreational vessel within the meaning of the Navigation Act 2012;\n\n (j) a ship that is less than 24 metres in tonnage length;\n\n (k) a ship only being used for a charitable purpose (see Part 3 of the Charities Act 2013);\n\n (l) a ship only being used in laying or repairing submarine cables;\n\n (m) a hospital ship, other than a ship being used in trade or carrying goods under freight or charter;\n\n (n) a sailing ship with a tonnage (within the meaning of the Levy Act) of less than 500 tons.\n\n (2) In this instrument:\n\nproperty of any kind belonging to a State has the same meaning as in section 114 of the Constitution.\n\ntonnage length, of a ship, means the length of the ship for the purposes of the International Convention on Load Lines, done at London on 5 April 1966, as amended and in force for Australia on 1 October 2018.\n\nNote: The Convention is in Australian Treaty Series 1968 No. 23 ([1968] ATS 23) and could in 2018 be viewed in the Australian Treaties Library on the AustLII website (www.austlii.edu.au).\n\n (3) For the purposes of paragraph (1)(d), assume that a reference in section 114 of the Constitution to a State includes a reference to the Australian Capital Territory and the Northern Territory.\n\n7  Refund of levy\n\n (1) A Collector must refund an amount of levy, worked out under subsection (2), if:\n\n (a) levy is paid under subsection 7(1), or paragraph 7(2)(d) or (3)(c), of the Act in respect of a ship; and\n\n (b) the ship is prevented from putting to sea on more than 30 consecutive days; and\n\n (c) any of those days is in the 3 month period beginning on the day the levy became payable.\n\n (2) The amount to be refunded is worked out in accordance with the formula:\n\n![](image.002.png)\n\nwhere:\n\nA means the amount of levy paid as mentioned in paragraph (1)(a).\n\nN means the number of days mentioned in paragraph (1)(b) that are in the 3 month period mentioned in paragraph (1)(c).\n\nP means the number of days in the 3 month period mentioned in paragraph (1)(c).\n\n8  Remission of levy\n\n (1) A Collector must remit levy payable in respect of a ship for which levy has most recently been paid under subsection 7(1) of the Act if the ship is prevented from putting to sea:\n\n (a) on the day the levy becomes payable; and\n\n (b) on more than 30 consecutive days up to and including the day before the levy becomes payable.\n\n (2) A Collector must remit an amount of levy, worked out under subsection (3), if:\n\n (a) the levy is payable in respect of a ship under subsection 7(1) of the Act; and\n\n (b) the levy becomes payable before the end of 3 months beginning on the day levy paid in respect of the ship under subsection 7(2) or (3) of the Act became payable.\n\n (3) The amount to be remitted under subsection (2) is worked out in accordance with the formula:\n\n![](image.003.png)\n\nwhere:\n\nA means the amount of levy payable.\n\nN means the number of days from the start of the day the levy becomes payable under subsection 7(1) of the Act to the end of the 3 month period mentioned in paragraph (2)(b).\n\nQ means the number of days in the quarter beginning on the day the levy becomes payable.\n\n9  Payment of levy\n\n  For the purposes of paragraph 8(4)(c) of the Act, payment of levy may be made by electronic funds transfer to a Collector.\n\n10  When a ship is prevented from putting to sea\n\n  For the purposes of this instrument, a ship is prevented from putting to sea on a day if, at any time during that day, the ship:\n\n (a) is moored in a harbour and not engaged in the ordinary employment of a merchant ship for hire or reward, including the loading and unloading of passengers or cargo; or\n\n (b) is wrecked or stranded; or\n\n (c) is laid up for repairs; or\n\n (d) is prevented from putting to sea as a result of an industrial dispute.\n\n \n\nSchedule 1—Repeals\n\n \n\nMarine Navigation Levy Collection Regulations 1990\n\n1  The whole of the instrument\n\nRepeal the instrument.\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a straightforward remake of the 1990 Regulations (which are repealed by Schedule 1). The scope remains tightly focused on the collection of the marine navigation levy, exemptions from that levy, and provisions for refunds and remissions. There is no evidence of scope creep; the 2018 version appears to be a modernisation/update of the original 1990 framework without expansion into new policy areas."},"complexity_factors":["Short instrument with only 10 operative sections plus a repeal schedule","Minimal cross-referencing - primarily refers back to the parent Act (Marine Navigation Levy Collection Act 1989) for key definitions","Straightforward conditional logic in sections 7-8 using simple mathematical formulas for refunds/remissions","14 categories of exempt ships listed clearly in section 6(1) with minimal overlap or nesting","Only 2 defined terms in the instrument itself ('property of any kind belonging to a State' and 'tonnage length') plus references to Act definitions","Single purpose instrument focused narrowly on collection mechanics, exemptions, and relief provisions"],"plain_english_summary":"This law imposes a levy on most commercial ships using Australian ports to fund marine navigation services (lighthouses, buoys, etc.). It affects shipping companies but exempts government, defence, small, recreational, fishing, charitable and certain non‑trading vessels. It also provides refunds or remissions when ships are unable to sail for extended periods and sets electronic bank transfer payment to an authorised Collector. The levy ensures users contribute to safe navigation while offering relief for genuinely non‑operational or exempt vessels."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument repeals the Marine Navigation Levy Collection Regulations 1990 (Schedule 1) and replaces them with an updated set of collection rules: defined exemptions, refund and remission formulas tied to specific day-counts, an operational definition of 'prevented from putting to sea', and an explicit electronic payment option (see Schedule 1; ss 6–10)."},"complexity_factors":["Cross-references to primary legislation for charging rules and defined expressions (Marine Navigation Levy Collection Act 1989; see Authority, s 3 and Definitions, s 5).","Detailed exemption categories that require factual qualification (e.g. foreign state ships, Defence, State property, fishing vessels, recreational vessels, tonnage thresholds) (s 6).","Numerical refund and remission formulas requiring day-counts within specified windows (refund formula in s 7(2); remission formula in s 8(3)).","Precise operational trigger 'prevented from putting to sea' with multiple alternative circumstances (moored/not trading, wrecked, laid up for repairs, industrial dispute) that affect entitlement (s 10).","Incorporation of an international measurement (tonnage length) linked to the 1966 Load Lines Convention for thresholds (s 5(2)).","Administrative allocation of duties to Collectors (refunds, remissions) and permitted payment method (electronic funds transfer) which creates compliance/recordkeeping obligations (ss 7–9).","Legislative replacement of earlier regulations via full repeal (Schedule 1) — requires practitioners to treat this instrument as the operative rule set."],"plain_english_summary":"This instrument sets how the Commonwealth collects the marine navigation levy: it lists exempt ship categories, specifies when and how levy payments are made, and provides formulas for refunds and remissions when a ship is prevented from putting to sea. It permits electronic payment and repeals the 1990 collection regulations.\n\nIt affects shipowners and operators calling Australian ports and the Collectors who administer the levy, because it defines who pays, when partial refunds or remissions apply, and the administrative steps needed for compliance."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/marine-navigation-levy-collection-regulations-2018","history":"/api/acts/marine-navigation-levy-collection-regulations-2018/history","analysis":"/api/acts/marine-navigation-levy-collection-regulations-2018/analysis","conflicts":"/api/acts/marine-navigation-levy-collection-regulations-2018/conflicts","importantCases":"/api/acts/marine-navigation-levy-collection-regulations-2018/important-cases","documents":"/api/acts/marine-navigation-levy-collection-regulations-2018/documents"}}