{"id":"F2018L01302","name":"Marine Navigation (Regulatory Functions) Levy Collection Regulations 2018","slug":"marine-navigation-regulatory-functions-levy-collection-regulations-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439780,"registerId":"F2018L01302-fast-fetch-1775955669362","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Marine Navigation (Regulatory Functions) 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 (Regulatory Functions) 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\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Schedules\n\n5 Definitions\n\n6 Refund of levy\n\n7 Remission of levy\n\n8 Payment of levy\n\n9 When a ship is prevented from putting to sea\n\nSchedule 1—Repeals\n\nMarine Navigation (Regulatory Functions) Levy Collection Regulations 1991\n\n1  Name\n\n  This instrument is the Marine Navigation (Regulatory Functions) 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instrument 1 October 2018. 1 October 2018\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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 (Regulatory Functions) Levy Collection Act 1991.\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) quarter.\n\n  In this instrument:\n\nAct means the Marine Navigation (Regulatory Functions) Levy Collection Act 1991.\n\nprevented from putting to sea: see section 9.\n\n6  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 6(1), or paragraph 6(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\n7  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 6(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 6(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 6(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 6(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\n8  Payment of levy\n\n  For the purposes of paragraph 7(4)(c) of the Act, payment of levy may be made by electronic funds transfer to a Collector.\n\n9  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\nSchedule 1—Repeals\n\n \n\nMarine Navigation (Regulatory Functions) Levy Collection Regulations 1991\n\n1  The whole of the instrument\n\nRepeal the instrument.\n\n \n","sortOrder":0}],"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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose: administrative machinery for collecting a specific maritime levy. The 2018 version appears to be a straightforward remake/update of the 1991 regulations (which are repealed), with no significant expansion beyond the original regulatory function of collection, refunds, and remissions."},"complexity_factors":["Short instrument with only 9 substantive sections plus a repeal schedule","Minimal defined terms (only 2 explicit definitions in section 5, plus references to Act definitions)","Two mathematical formulas for calculating refunds/remissions, but both are straightforward linear proportions","Simple conditional logic (if ship stuck >30 days, then refund/remit)","No nested exceptions or complex cross-referencing beyond basic references to the parent Act","Clear, specific triggers for relief (moored, wrecked, repairs, industrial dispute)","Single repeal item replacing 1991 regulations with updated 2018 version"],"plain_english_summary":"These regulations set out how the Marine Navigation (Regulatory Functions) Levy is administered — a charge on commercial ships that funds Australia’s marine navigation safety services. They affect ship owners/operators who use Australian ports and the government collectors who administer the levy.\n\nThe rules provide electronic payment, and fair refund and remission processes when vessels are prevented from putting to sea (generally >30 consecutive days), with clear formulas for calculating reductions so operators aren’t charged full fees when unable to trade."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The instrument replaces the 1991 collection regulations (Schedule 1) and narrows scope to explicit procedural rules: fixed refund/remission formulas (Regs 6–7), a clarified definition of when a ship is 'prevented from putting to sea' (Reg 9), and an explicit electronic funds transfer payment option (Reg 8). This shifts the instrument from prior text to mechanistic timing, calculation and payment rules, altering administrative and compliance tasks for Collectors and levy payers."},"complexity_factors":["Formulaic refund/remission arithmetic requiring day counts and pro‑rations (Reg 6(2); Reg 7(3)): simple calculations but sensitive to date boundaries.","Multiple overlapping timing windows (3‑month periods, quarters, 'more than 30 consecutive days') that require precise date accounting (Reg 6(1)(b)–(c); Reg 7(2)).","Interdependence with the Marine Navigation (Regulatory Functions) Levy Collection Act 1991 for levy triggers and payment events (Reg 3; see references to s6 of the Act in Regs 6–7).","Factual determinations about a ship being 'prevented from putting to sea' require documentary proof of status (moored/not in ordinary employment; wrecked; laid up; industrial dispute) (Reg 9).","Collector obligations are mandatory ('must refund' / 'must remit') limiting administrative discretion but creating strict compliance duties (Regs 6(1); 7(1)).","Administrative and cashflow burden falls on levy payers to monitor dates and establish entitlement to refund/remission (Regs 6–7).","Modernisation of payment mechanics by explicitly allowing electronic funds transfers (Reg 8) reduces payment ambiguity but requires payers to use specified methods.","Repeal of the 1991 Regulations (Schedule 1) replaces prior instrument; implementation requires transition of existing collection procedures."],"plain_english_summary":"These regulations set the mechanical rules for collecting the Marine Navigation (Regulatory Functions) levy: how and when levy payers get refunds or remissions if a ship is unable to put to sea, permit electronic funds transfers, and repeal the earlier 1991 collection regulations.\n\nThey affect shipowners/operators who pay the levy and the Collectors who administer it: Collectors must apply fixed day‑count formulas and the instrument's definition of being “prevented from putting to sea” (regs 6–9). The rules change cashflow timing, proof requirements and incentives around payment timing."}},"importantCases":[],"_links":{"self":"/api/acts/marine-navigation-regulatory-functions-levy-collection-regulations-2018","history":"/api/acts/marine-navigation-regulatory-functions-levy-collection-regulations-2018/history","analysis":"/api/acts/marine-navigation-regulatory-functions-levy-collection-regulations-2018/analysis","conflicts":"/api/acts/marine-navigation-regulatory-functions-levy-collection-regulations-2018/conflicts","importantCases":"/api/acts/marine-navigation-regulatory-functions-levy-collection-regulations-2018/important-cases","documents":"/api/acts/marine-navigation-regulatory-functions-levy-collection-regulations-2018/documents"}}