{"id":"C2004A02412","name":"Protection of the Sea (Shipping Levy) Act 1981","slug":"protection-of-the-sea-shipping-levy-act-1981","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"34 of 1981","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":6722,"registerId":"commonwealth-C2004A02412-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title [see Note 1]","content":"#### 1 Short title \\[see Note 1\\]\n\n  This Act may be cited as the Protection of the Sea (Shipping Levy) Act 1981.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement [see Note 1]","content":"#### 2 Commencement \\[see Note 1\\]\n\n  (1) This Act shall come into operation on a date to be fixed by Proclamation.\n  (2) The date fixed under subsection (1) shall not be a date other than the first day of a quarter.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Repeal","content":"#### 3 Repeal\n\n  The Pollution of the Sea by Oil (Shipping Levy) Act 1972 is repealed.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Incorporation of Collection Act","content":"#### 4 Incorporation of Collection Act\n\n  The Protection of the Sea (Shipping Levy Collection) Act 1981 is incorporated in, and shall be read as one with, this Act.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Imposition of levy","content":"#### 5 Imposition of levy\n\n  Where, at any time during a quarter when a ship to which this Act applies was in an Australian port, there was on board the ship a quantity of oil in bulk weighing not less than 10 tonnes, levy is imposed in respect of the ship for the quarter.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Rate of levy","content":"#### 6 Rate of levy\n\n  The rate of levy for a quarter is such rate per ton of the tonnage of a ship as is prescribed and is, in accordance with the regulations, applicable to the quarter.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Minimum amount of levy","content":"#### 7 Minimum amount of levy\n\n  Where, but for this section, the amount of the levy payable in respect of a ship for a quarter would be less than such amount, being an amount not exceeding $25, as is prescribed for the purposes of this section and is, in accordance with the regulations, applicable to the quarter, the amount of the levy payable in respect of the ship for the quarter is the amount so prescribed.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Application of Act","content":"#### 8 Application of Act\n\n  (1) This Act applies to a ship (including a ship that is laid up) the tonnage length of which is not less than 24 metres, but does not apply to a ship:\n    (a) that belongs to, or is for the time being demised or sub‑demised to or in the exclusive possession of, an arm of the Defence Force of Australia or the armed forces of a country other than Australia;\n    (b) that belongs to, or is for the time being demised or sub‑demised to or in the exclusive possession of, the Commonwealth or a State or Territory, or an authority of the Commonwealth or of a State or Territory, and is not engaged in trade; or\n    (c) the beneficial interest in which is vested in the Commonwealth or a State or Territory, or an authority of the Commonwealth or of a State or Territory, and that is not engaged in trade.\n  (2) The tonnage length of a ship shall be determined, for the purposes of subsection (1), in the same manner as it is determined for the purposes of the Shipping Registration Act 1981.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Regulations","content":"#### 9 Regulations\n\n  The Governor‑General may make regulations for the purposes of sections 6 and 7.","sortOrder":8}],"analysis":{"summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The original 1972 Act (which this replaced) focused specifically on oil pollution from ships carrying oil. The 1981 Act broadens the trigger slightly — it applies to any ship of sufficient size that has at least 10 tonnes of oil in bulk on board, not just dedicated oil-carrying vessels. This means a wider range of ships (e.g. cargo ships carrying fuel for their own engines in bulk) could potentially be captured, modestly expanding the scope beyond the original intent."},"complexity_factors":["Relies on external regulations for the actual levy rates, meaning the Act alone doesn't tell you the dollar amounts","Incorporates a companion Act (the Collection Act) by reference, requiring readers to consult multiple documents","Exemption categories for government and military vessels require some interpretation around terms like 'demised', 'sub-demised' and 'beneficial interest' (legal terms relating to who controls or owns a ship)","Tonnage length determination is cross-referenced to another Act (the Shipping Registration Act 1981)","Quarterly payment structure adds a timing dimension that may require tracking ship movements"],"plain_english_summary":"The Act requires certain commercial and private ships visiting Australian ports to pay a levy that funds marine oil pollution protection. It targets larger vessels carrying significant bulk oil and excludes military and non‑commercial government ships.\n\nLevy rates and a minimum fee are set by regulation, so amounts can be adjusted without new legislation. The charge ensures users of Australian waters help fund oil‑pollution prevention and response."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of imposing a levy on oil-carrying ships to fund pollution response. The 1981 repeal and replacement of the 1972 Act modernised the framework but did not expand scope beyond the original maritime pollution levy intent."},"complexity_factors":["Short statute: only 9 sections","Minimal defined terms: only 'quarter' and 'tonnage length' require external reference (to Shipping Registration Act 1981)","Simple conditional structure: single trigger condition (10+ tonnes of oil in bulk during quarter)","Three straightforward exemptions in section 8(1)","Heavy reliance on delegated legislation: rates and minimum amounts left entirely to regulations (sections 6, 7, 9)","Incorporation by reference of companion Collection Act (section 4) creates some reading complexity"],"plain_english_summary":"This law creates a **shipping levy** (a type of tax) on certain ships that carry oil in Australian waters.\n\n**What it does:**\n- Charges ships a quarterly fee if they carry **10 tonnes or more of oil in bulk** while in an Australian port\n- The fee is based on the ship's tonnage (size), with a minimum charge set by regulations (capped at $25)\n- Replaced an older 1972 oil pollution levy with this updated version\n\n**Who it affects:**\n- **Commercial ships** 24 metres or longer that carry bulk oil\n- **Exemptions apply to:**\n  - Military ships (Australian or foreign)\n  - Government-owned ships not engaged in trade\n  - Ships laid up (not in active use)\n\n**Why it matters:**\nThis levy helps fund Australia's marine pollution response capabilities. Ships that pose an oil spill risk contribute to the cost of cleaning up potential environmental damage. It's a \"polluter pays\" principle applied preventively—ships pay into a fund before any incident occurs, ensuring money is available for rapid response if oil is spilled.\n\nThe law works together with a companion \"Collection Act\" that handles how the money is actually gathered."},"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":"The Act repeals the 1972 shipping‑levy Act (s 3) and re‑establishes a levy framework with thresholds, exemptions and delegated regulation. The text itself does not state any explicit expansion or contraction of the levy’s scope compared with the repealed Act; any change relative to prior law cannot be determined from this instrument alone."},"complexity_factors":["Delegation of key numeric choices (per‑ton rate and prescribed minimum) to regulations, requiring review of subordinate instruments to know actual costs (ss 6–7, 9).","Trigger depends on a temporal occurrence within a quarter (any time during a quarter a ship was in port with ≥10 tonnes of oil), creating monitoring and record‑keeping burdens for ship operators and authorities (s 5).","Application uses 'tonnage length' measured by reference to the Shipping Registration Act 1981, so implementation requires cross‑referencing other legislation (s 8(2)).","Targeted exemptions for Defence and Commonwealth/State/Territory‑owned or controlled non‑trading vessels introduce conditional scope and factual inquiry about ownership, possession and 'engaged in trade' status (s 8(1)(a)–(c)).","Commencement by proclamation limited to quarter start dates affects timing and transitional planning (s 2).","Repeal of the 1972 Act and incorporation of a separate Collection Act means substantive operation depends on other instruments and administrative arrangements (ss 3–4)."],"plain_english_summary":"This Act imposes a quarterly levy on ships 24 metres or longer that carried at least 10 tonnes of oil in bulk while in an Australian port, with per‑ton rates and a prescribed minimum charge set by regulation. It repeals the 1972 shipping‑levy Act and incorporates a separate Collection Act, and excludes defence and certain government-owned non-trading vessels; the Governor‑General makes regulations fixing the applicable rate and minimum for each quarter."}},"importantCases":[],"_links":{"self":"/api/acts/protection-of-the-sea-shipping-levy-act-1981","history":"/api/acts/protection-of-the-sea-shipping-levy-act-1981/history","analysis":"/api/acts/protection-of-the-sea-shipping-levy-act-1981/analysis","conflicts":"/api/acts/protection-of-the-sea-shipping-levy-act-1981/conflicts","importantCases":"/api/acts/protection-of-the-sea-shipping-levy-act-1981/important-cases","documents":"/api/acts/protection-of-the-sea-shipping-levy-act-1981/documents"}}