{"id":"C2004A04115","name":"Marine Navigation (Regulatory Functions) Levy Act 1991","slug":"marine-navigation-regulatory-functions-levy-act-1991","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"40 of 1991","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":37116,"registerId":"commonwealth-C2004A04115-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 (Regulatory Functions) Levy Act 1991.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This Act commences on 1 July 1991.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n  In this Act, unless the contrary intention appears:\n\n> Collection Act means the Marine Navigation (Regulatory Functions) Levy Collection Act 1991.\n\n> ton means a whole ton.\n\n> tonnage, in relation to a ship, means:\n\n    (a) where the net tonnage of the ship has been determined by a method consistent with the provisions of the International Convention on Tonnage Measurement of Ships, 1969—the net tonnage so determined; or\n    (b) in any other case—the net registered tonnage of the ship.\n\n> Note: The text of the Convention is set out in Australian Treaty Series 1982 No. 15 (\\[1982\\] ATS 15). In 2012, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Interpretation","content":"#### 4 Interpretation\n\n  In this Act, expressions have the same meaning as in the Collection Act.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Application to Crown","content":"#### 5 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":4},{"sectionNumber":"6","sectionType":"section","heading":"Imposition of levy","content":"#### 6 Imposition of levy\n\n  Levy payable in respect of a sea‑going ship in accordance with the Collection Act is imposed.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Amount of levy","content":"#### 7 Amount of levy\n\n  (1) Where levy is payable in respect of a ship, the amount of levy is the amount, or the total of the amounts, worked out using whichever of the levy rates apply to the ship.\n  (2) For the purposes of this Act, each of the following rates is a levy rate in relation to a ship:\n    (a) 4 cents, or such other amount as is from time to time prescribed, for each of the first 5,000 tons of the ship’s tonnage;\n    (b) 3 cents, or such other amount as is from time to time prescribed, for each ton by which the ship’s tonnage is more than 5,000 tons but not more than 20,000 tons;\n    (c) 3 cents, or such other amount as is from time to time prescribed, for each ton by which the ship’s tonnage is more than 20,000 tons but not more than 50,000 tons;\n    (d) 2 cents, or such other amount as is from time to time prescribed, for each ton by which the ship’s tonnage is more than 50,000 tons.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Regulations","content":"#### 8 Regulations\n\n  (1) Subject to subsection (2), the Governor‑General may make regulations for the purposes of subsection 7(2).\n  (2) After 30 June 1993, an amount applicable under paragraph 7(2)(a), (b), (c) or (d) must not be increased by more than 15% in any 12 consecutive months.","sortOrder":7}],"analysis":{"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"No amendment history or alternative text was provided. The supplied Act, as enacted, imposes a per-ton levy on sea-going ships, defines tonnage, delegates collection to the Collection Act, allows prescribed rates and regulation-making, limits post-30 June 1993 rate increases, and binds the Crown (ss 3–8). No change of scope from the original text is evident in the material supplied."},"complexity_factors":["Short, single-purpose statute with straightforward levy mechanism","Tiered per-ton rate structure with multiple bands (s7)","Rates may be varied by regulation, introducing delegated discretion (s8)","Levy collection mechanics are delegated to the separate Collection Act (s4, s6)","Tonnage defined by reference to international convention or registered tonnage (s3), requiring technical measurement rules","Temporal constraint on rate increases after a specified date adds a statutory cap (s8(2))"],"plain_english_summary":"Creates a per‑ton levy on sea‑going ships to fund marine regulatory functions, payable under the Marine Navigation (Regulatory Functions) Levy Collection Act. Levy is calculated by applying tiered per‑ton rates to a ship’s tonnage (tonnage defined by international or registered measurement) and rates may be prescribed by regulation (secs 3, 6–7). The Governor‑General may set amounts subject to a post‑30 June 1993 cap on annual increases (s8). The Act binds the Crown (s5)."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act remains narrowly focused on its original purpose: imposing and quantifying a levy on sea-going ships to fund marine navigation regulatory functions. No scope creep is evident — the levy mechanism, tonnage definition, and rate-cap provisions all serve that single, clearly defined goal."},"complexity_factors":["Tiered levy rate structure requires calculation across multiple tonnage brackets","Two different methods for measuring 'tonnage' depending on whether international convention applies","Cross-references to a companion Collection Act for key definitions and collection mechanics, meaning this Act cannot be fully understood in isolation","Regulation-making power introduces variable rates that may differ from the base amounts stated in the Act","Reference to an international treaty (1969 Tonnage Convention) adds an external layer of law"],"plain_english_summary":"This Act requires owners and operators of sea‑going ships (including government vessels) using Australian waters to pay a tonnage‑based levy funding marine navigation regulation and safety. Rates are tiered by ship size so larger vessels pay progressively less per ton, with tonnage measured by international or registered standards, and increases capped (no more than 15% in any 12‑month period after 30 June 1993)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: imposing a tonnage-based levy on sea-going ships to fund marine navigation regulatory functions. The scope has not expanded beyond this specific revenue-raising mechanism."},"complexity_factors":["Only 4 defined terms in section 3, plus a simple 'same meaning' cross-reference to the Collection Act in section 4","Single clear operative provision (section 6) imposing the levy, with straightforward calculation rules in section 7","Minimal conditional logic — only a tiered rate structure based on tonnage brackets","One substantive regulation-making power with a single temporal limitation (15% cap after 30 June 1993)","No nested exceptions, no complex transitional provisions, no intricate deeming provisions","Total length: 8 short sections, approximately 400 words"],"plain_english_summary":"This law creates a **tax (called a 'levy') on large ships** that use Australian waters. Here's what it does:\n\n**Who pays:** Owners or operators of **sea-going ships** (big commercial vessels, not small boats) that are subject to the related Collection Act.\n\n**How much:** The levy is calculated based on the ship's **tonnage** (size/weight), with a sliding scale:\n- **4 cents per ton** for the first 5,000 tons\n- **3 cents per ton** for tons 5,001–20,000\n- **3 cents per ton** for tons 20,001–50,000  \n- **2 cents per ton** for anything over 50,000 tons\n\nThese amounts can be changed by **regulations** (rules made by the government), but after June 1993, any increase is capped at **15% per year**.\n\n**Why it exists:** This levy helps fund **marine navigation regulatory functions** — essentially, the government services that keep shipping lanes safe, regulated, and properly managed in Australian waters.\n\n**Key points:**\n- The law works together with a companion Act (the *Marine Navigation (Regulatory Functions) Levy Collection Act 1991*), which handles the actual collection of the money.\n- It applies to **all levels of government** — even the Crown (state and territory governments) must pay if they own ships.\n- Ship size is measured using international standards (the 1969 Tonnage Convention) or net registered tonnage if that doesn't apply."}},"importantCases":[],"_links":{"self":"/api/acts/marine-navigation-regulatory-functions-levy-act-1991","history":"/api/acts/marine-navigation-regulatory-functions-levy-act-1991/history","analysis":"/api/acts/marine-navigation-regulatory-functions-levy-act-1991/analysis","conflicts":"/api/acts/marine-navigation-regulatory-functions-levy-act-1991/conflicts","importantCases":"/api/acts/marine-navigation-regulatory-functions-levy-act-1991/important-cases","documents":"/api/acts/marine-navigation-regulatory-functions-levy-act-1991/documents"}}