{"id":"C2004A04116","name":"Marine Navigation (Regulatory Functions) Levy Collection Act 1991","slug":"marine-navigation-regulatory-functions-levy-collection-act-1991","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"41 of 1991","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":26524,"registerId":"commonwealth-C2004A04116-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 Collection 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> Australian International Shipping Register has the same meaning as in the Shipping Registration Act 1981.\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 of the Marine Navigation Levy Collection Act 1989.\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 to be an exempt ship by regulations made under the Marine Navigation Levy Collection Act 1989.\n\n> home port, in relation to a ship, means an Australian port notified by the ship’s owner or agent as the ship’s home port in a written notice to a Collector at that Australian 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 (Regulatory Functions) Levy Act 1991.\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 means:\n\n    (a) 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); or\n    (b) a ship that is registered in the Australian International Shipping Register.\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":"Liability to levy","content":"#### 5 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;\n    (b) the ship’s master;\n    (c) an agent or consignee of the ship who has paid, or is liable to pay, any charge on account of the ship.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"When is levy payable?","content":"#### 6 When is levy 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 that:\n    (a) is being first placed in commission after construction in an Australian port; or\n    (b) is usually employed or moored within the limits of an Australian port; or\n    (c) is an exempt ship on arrival at an Australian port and stops being an exempt ship while in that port; or\n    (d) is placed in commission at an Australian 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  is payable on the day the ship leaves that port.\n  (3) Levy in respect of a ship (other than a ship to which subsection (1), (2) or (4A) 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 first‑mentioned day.\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  (4A) Levy in respect of a ship that is registered in the Australian International Shipping Register is payable on the first day of each quarter.\n  (5) Levy is not payable in respect of a ship more than 4 times in any period of 12 consecutive months.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"To whom is levy payable?","content":"#### 7 To whom is levy payable?\n\n  (1) Levy payable under subsection 6(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 6(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 6(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":6},{"sectionNumber":"8","sectionType":"section","heading":"Recovery of levy","content":"#### 8 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":7},{"sectionNumber":"9","sectionType":"section","heading":"Detention of a ship","content":"#### 9 Detention of a 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":8},{"sectionNumber":"10","sectionType":"section","heading":"Right of agent etc. who has paid levy","content":"#### 10 Right 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":9},{"sectionNumber":"11","sectionType":"section","heading":"Regulations","content":"#### 11 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":10},{"sectionNumber":"12","sectionType":"section","heading":"Consequential amendments of other Acts","content":"#### 12 Consequential amendments of other Acts\n\n  The Acts specified in the Schedule are amended as set out in the Schedule.","sortOrder":11}],"analysis":{"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original and stated purpose: the collection mechanism for a levy on sea-going ships using Australian ports to fund maritime regulatory functions. No significant scope creep is evident. The inclusion of ships on the Australian International Shipping Register (subsection 4A) reflects a later amendment to extend the quarterly payment regime to that register, which is a modest and logical expansion consistent with the original intent."},"complexity_factors":["Multiple overlapping payment trigger scenarios in section 6, requiring careful reading to determine which subsection applies to any given ship","Joint and several liability (multiple parties can each be held fully responsible) across owners, masters, and agents","Cross-referencing multiple other Acts (Customs Act 1901, Navigation Act 2012, Shipping Registration Act 1981, Personal Property Securities Act 2009, Marine Navigation Levy Collection Act 1989) to understand key definitions and powers","Apparent drafting duplication — sections 7 and 8 both appear to deal with 'to whom levy is payable', suggesting a numbering or amendment error in the legislation","Interaction between this Act and a separate Levy Act for the actual levy rates, meaning this Act alone does not tell you how much you pay","Exemption criteria defined by reference to external regulations rather than within the Act itself"],"plain_english_summary":"This Act creates a mandatory levy on ships using Australian waters and ports to fund maritime regulatory navigation functions. It makes shipowners (with masters, agents or consignees potentially liable) — including Crown vessels — responsible for payment, with limited exemptions for brief or emergency calls. Timing rules limit how often levies apply. Non‑payment can lead to ship detention at port and recovery actions, so commercial vessel operators face tangible financial and operational risks."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose of collecting levies for marine navigation regulatory functions. The addition of Australian International Shipping Register provisions (subsection 6(4A)) represents an expansion to cover a specific category of registered ships, but this is within the original scope of funding navigation aids rather than a fundamental mission creep."},"complexity_factors":["Multiple timing rules for different ship categories (subsections 6(1), 6(2), 6(3), 6(4A)) with overlapping conditions","Cross-references to 4 other Acts (Shipping Registration Act 1981, Customs Act 1901, Marine Navigation Levy Collection Act 1989, Navigation Act 2012, Personal Property Securities Act 2009)","Joint and several liability (section 5) creating multiple responsible parties","Nested exceptions: section 6(4) creates exceptions to the timing rules in 6(3), and section 6(5) caps frequency","Duplicate section numbering error in the provided text (two sections numbered '8')","11 defined terms in the interpretation section, several incorporating external definitions by reference"],"plain_english_summary":"This law sets up a system for collecting fees (called a 'levy') from ships that use Australia's marine navigation aids—things like lighthouses, buoys, and beacons that help ships navigate safely.\n\n**Who has to pay:**\n- **Sea-going ships** that pass navigation aids on their way to or from Australian ports, OR ships registered on Australia's international shipping register\n- The **owner**, **captain (master)**, and **agents** of the ship are all responsible for paying\n- Some ships are **exempt** (declared by regulations)\n\n**When payment is due:**\n- For ships trading only between Australian ports: **quarterly** (every 3 months)\n- For international ships visiting Australia: when they **arrive** at an Australian port, or every 3 months if they stay longer\n- For ships registered on the Australian International Shipping Register: quarterly\n- Ships can't be charged more than **4 times per year** (maximum one levy per quarter)\n\n**Special exceptions:**\nShips don't pay if they're just stopping briefly for:\n- Taking on water, food, or fuel\n- Picking up or dropping off crew\n- Medical emergencies\n- Shelter, repairs, or refitting\n\n**How it works:**\n- Payments go to a **Collector** (a Customs officer or authorised person)\n- Ships can be **detained** (prevented from leaving port) until the levy is paid\n- Agents who pay the levy can recover the money from the ship's owner\n\n**Why it matters:**\nThis law ensures ships that benefit from Australia's marine navigation safety infrastructure help pay for its upkeep. It creates a fair 'user pays' system where commercial shipping contributes to the cost of maintaining the aids that keep them safe."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act, as drafted, defines a levy regime for sea-going ships, specifies liable persons, payment timing and collection/enforcement mechanisms, and grants regulation-making power for refunds. The text contains no indication that the scope was altered from its apparent original design; it operates as a self-contained levy-collection framework tied to port movements and ship registration status."},"complexity_factors":["Extensive definitions that link to other legislation (Shipping Registration Act 1981; Customs Act 1901; Navigation Act 2012) — s3.","Multiple, conditional timing rules for when levy is payable with several exceptions and a quarterly rule for certain ships — s6(1)–(5), (4A).","Joint and several liability across different actors (owner, master, agent/consignee) which affects who pays and recovery tactics — s5(2).","Prescribed payment locations and prior-notice requirements allowing owners/agents to nominate different Collectors — s7(1)–(3).","Enforcement mechanisms including summary recovery proceedings and detention by officers of Customs, plus a statutory bar on certain third-party seizure while detained — s8, s9(1)–(2).","Regulatory discretion to provide for refund or remission and to prescribe payment methods, creating administrative implementation choices — s11(1)–(2).","Operational constraints such as a cap on frequency of levy payments (no more than four times in 12 months) which interacts with arrival/commissioning rules — s6(5).","Textual duplication of a provision on payment location (the source repeats a 'To whom levy is payable' block), adding potential ambiguity for interpretation and consolidation."],"plain_english_summary":"This Act creates and collects a statutory levy on sea-going ships (except those declared exempt). It sets who is liable (owner, master, agent/consignee), when and where the levy must be paid, and gives powers to recover unpaid amounts and detain ships until payment. The regulations may allow refunds or remissions. The measure affects ship operators, their agents and port collectors because it imposes recurring payment, reporting and compliance obligations tied to port movements."}},"importantCases":[],"_links":{"self":"/api/acts/marine-navigation-regulatory-functions-levy-collection-act-1991","history":"/api/acts/marine-navigation-regulatory-functions-levy-collection-act-1991/history","analysis":"/api/acts/marine-navigation-regulatory-functions-levy-collection-act-1991/analysis","conflicts":"/api/acts/marine-navigation-regulatory-functions-levy-collection-act-1991/conflicts","importantCases":"/api/acts/marine-navigation-regulatory-functions-levy-collection-act-1991/important-cases","documents":"/api/acts/marine-navigation-regulatory-functions-levy-collection-act-1991/documents"}}