{"id":"C2004A04522","name":"Seafarers Rehabilitation and Compensation Levy Act 1992","slug":"seafarers-rehabilitation-and-compensation-levy-act-1992","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"231 of 1992","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":38401,"registerId":"commonwealth-C2004A04522-current","compilationNumber":null,"startDate":"2026-04-01","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 Seafarers Rehabilitation and Compensation Levy Act 1992.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement [see Note 1]","content":"#### 2 Commencement \\[see Note 1\\]\n\n  This Act commences on the day on which section 2 of the Seafarers Rehabilitation and Compensation Act 1992 commences.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n  Unless the contrary intention appears, an expression used in this Act has the same meaning as in the Seafarers Rehabilitation and Compensation Levy Collection Act 1992.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Imposition of levy","content":"#### 4 Imposition of levy\n\n  If the Minister has made a declaration under section 100 of the Seafarers Rehabilitation and Compensation Act 1992, levy is imposed on seafarer berths on prescribed ships.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Rate of levy","content":"#### 5 Rate of levy\n\n  The rate of levy imposed on each seafarer berth is such amount as is prescribed.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Who pays levy?","content":"#### 6 Who pays levy?\n\n  Levy on seafarer berths is payable by an employer who employs or engages seafarers on a prescribed ship.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Regulations","content":"#### 7 Regulations\n\n  (1) The Governor‑General may make regulations for the purposes of section 5.\n  (2) Before advising the Governor‑General about the making of a regulation under subsection (1), the Minister must consult the Authority with respect to the following matters:\n    (a) the need to ensure that the Fund has adequate financial reserves for the purposes of its prudential management;\n    (b) reasonable estimates of the Fund’s present and future liabilities under the Seafarers Rehabilitation and Compensation Act 1992;\n    (c) the cost of administering the Authority in connection with the performance or exercise of the Fund’s functions, powers and obligations under that Act.\n  (3) A failure to consult as required by subsection (2) does not affect the validity of a regulation made under subsection (1).","sortOrder":6}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This Act has remained tightly focused on its original purpose: imposing a levy to fund the Seafarers Rehabilitation and Compensation Fund. It is a 'companion' levy-imposition Act that has not expanded beyond its narrow fiscal function."},"complexity_factors":["Extremely short: only 7 sections","Minimal defined terms: only 1 interpretation provision (section 3) which simply cross-references another Act","Simple conditional structure: single trigger (Minister's declaration) in section 4","No nested exceptions or complex logical structures","Substantive content delegated entirely to regulations (section 5) and another Act (Seafarers Rehabilitation and Compensation Act 1992)","Single procedural safeguard (consultation requirement in section 7(2)) with explicit override (section 7(3))"],"plain_english_summary":"This law creates a **levy (a type of tax or fee)** on ships that employ seafarers, to help fund compensation and rehabilitation for injured seafarers.\n\n**What it does:**\n- **Imposes a levy** on \"seafarer berths\" (essentially, each position for a worker on a ship) on certain ships that the Minister has declared to be covered.\n- The **rate of the levy** is set by regulations (rules made by the government), not in this Act itself.\n- The **employer** (the shipping company or operator) pays the levy.\n\n**Who it affects:**\n- Shipping companies and employers who hire seafarers on prescribed ships.\n- Seafarers indirectly benefit because the money goes into a Fund that pays for their rehabilitation and compensation if they're injured at work.\n\n**Why it matters:**\nThis is a **funding mechanism**. It ensures there's money available to support seafarers who are injured or become ill because of their work. The levy only kicks in if the Minister makes a formal declaration under the related Seafarers Rehabilitation and Compensation Act 1992.\n\n**Key feature:** Before setting the levy rate, the Minister **must consult** with the Authority about whether the Fund has enough money, what its future costs might be, and administrative expenses — though if they forget to consult, the regulation is still valid."},"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"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act appears to remain closely aligned with its original intent: a narrow, focused piece of legislation whose sole purpose is to constitutionally impose the levy (in Australia, taxes and levies require a specific Act of Parliament to be valid). It does not appear to have expanded or contracted in scope from its original purpose."},"complexity_factors":["Very short Act (7 sections) with minimal substantive content","Relies heavily on cross-referencing two companion Acts (Seafarers Rehabilitation and Compensation Act 1992 and Seafarers Rehabilitation and Compensation Levy Collection Act 1992), requiring readers to consult multiple pieces of legislation","Key operative details (the actual levy rate) are not contained in the Act itself but delegated to regulations, creating uncertainty for readers seeking the full picture","The trigger mechanism (Minister's declaration under s100 of the companion Act) adds a conditional layer that depends on understanding external legislation","The consultation requirement in s7(2) is rendered largely symbolic by s7(3), which is a subtle but legally important nuance"],"plain_english_summary":"## Seafarers Rehabilitation and Compensation Levy Act 1992\n\n**What does this law do?**\nThis short Act creates a **levy (a compulsory charge)** that shipping employers must pay to fund a compensation and rehabilitation scheme for seafarers (maritime workers) who are injured or become ill.\n\n**Who does it affect?**\n- **Shipping employers** who hire or engage seafarers on what are called \"prescribed ships\" (ships officially designated under the scheme) — they must pay the levy\n- **Seafarers** (maritime workers) benefit indirectly, because the levy funds the pool of money used to pay their compensation and rehabilitation costs if they're injured\n\n**How does the levy work?**\n- The levy is charged per **\"seafarer berth\"** (essentially, per position/job slot for a crew member on a ship)\n- The exact dollar amount per berth is set by government regulations (separate rules made under this Act), not in the Act itself\n- The levy only kicks in once the Minister makes a formal declaration under the related Seafarers Rehabilitation and Compensation Act 1992\n\n**Who sets the rate?**\nThe Governor-General (acting on government advice) sets the rate through regulations. Before doing so, the Minister **must consult** the Authority (the body managing the compensation fund) about:\n- Whether the fund has enough money in reserve\n- Estimated future compensation payouts\n- Administration costs\n\nImportantly, even if the Minister *fails* to consult, any regulation they make is still legally valid — the consultation requirement has no real enforcement teeth.\n\n**Why does it matter?**\nWithout this levy, there would be no guaranteed funding pool to pay injured seafarers' compensation claims. It ensures shipping employers collectively contribute to a safety net for their workers."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"2","severity":"low","reasoning":"While common in Australian drafting practice to tie commencement to a related Act, the provision delegates the effective existence of this Act entirely to the commencement mechanics of another Act's section 2. If section 2 of the parent Act never commenced or commenced conditionally, the levy Act would be in an indeterminate state. The levy Act is meaningless without the parent Act, yet the commencement linkage creates a dependency that could in theory be never satisfied.","confidence":0.45,"description":"Circular commencement provision - this Act commences when section 2 of the Seafarers Rehabilitation and Compensation Act 1992 commences, but that section is itself a commencement provision, creating a potential bootstrapping problem if that Act's commencement is also contingent on an external trigger."},{"type":"other","section":"3","severity":"medium","reasoning":"Section 4 triggers levy based on a ministerial declaration under the Seafarers Rehabilitation and Compensation Act 1992, and section 6 uses terms like 'employer', 'seafarers', and 'prescribed ship' that likely originate in the substantive Act. Routing definitions through the Collection Act rather than the substantive Act introduces an indirect chain where a definition change in the Collection Act could alter the scope of the levy without any amendment to the levy-imposing Act itself. This also means if the Collection Act defines a term differently from the substantive Act, the levy Act applies a different meaning to terms used in conditions drawn from the substantive Act.","confidence":0.65,"description":"Interpretation provision references the Levy Collection Act rather than the substantive Seafarers Rehabilitation and Compensation Act 1992, creating an asymmetric definitional dependency. The operative levy provisions in sections 4 and 6 refer to the parent Seafarers Rehabilitation and Compensation Act 1992, but definitions are sourced from the Collection Act, a third instrument."},{"type":"self_contradicting","section":"7(2) and 7(3)","severity":"high","reasoning":"Subsection (2) uses 'must consult', imposing an unambiguous mandatory duty on the Minister. Subsection (3) then eliminates any legal effect of breaching that duty by saving the validity of any regulation made in breach. The consultation requirement thus has no operative legal force - it cannot be used to invalidate a regulation, and no other remedy is specified. The provision is simultaneously mandatory and meaningless, a classic legislative self-contradiction. The consultation covers substantively important matters (prudential reserves, liability estimates, administration costs) making the nullification of the duty particularly incongruous.","confidence":0.95,"description":"The mandatory consultation requirement in subsection (2) is rendered entirely nugatory by subsection (3), which expressly provides that failure to consult does not affect the validity of the regulation. A mandatory obligation with no legal consequence for non-compliance is not a legal obligation in any meaningful sense."},{"type":"impossible_compliance","section":"5","severity":"medium","reasoning":"While broad regulation-making powers are common, section 5 provides absolutely no parameters - not even a purpose or proportionality requirement - for setting the levy rate. Combined with section 7(3) effectively nullifying the consultation safeguard in section 7(2), there is no meaningful statutory constraint on the rate. A levy of zero would render section 4's imposition of levy hollow; an arbitrary high rate would have no statutory check. The Act imposes a levy but provides no statutory anchor for what that levy should achieve or be bounded by.","confidence":0.6,"description":"The rate of levy is entirely delegated to regulations with no floor, ceiling, or guiding principle prescribed in the Act itself. The levy could theoretically be set at zero (making the entire Act inoperative) or at an unlimited amount, with no statutory constraint."}],"contradictions":[{"severity":"high","section_a":"7(2)","section_b":"7(3)","confidence":0.95,"description":"Section 7(2) imposes a mandatory pre-conditions obligation ('the Minister must consult') before the Governor-General can be advised on making a regulation. Section 7(3) expressly provides that failure to satisfy this mandatory precondition has no effect on the validity of the resulting regulation. These two provisions directly contradict each other: one creates a binding legal duty, the other eliminates all legal consequence for breaching it."},{"severity":"medium","section_a":"3","section_b":"4","confidence":0.7,"description":"Section 3 directs that expressions in this Act take their meaning from the Levy Collection Act 1992. Section 4 conditions the imposition of levy on a declaration under section 100 of the Seafarers Rehabilitation and Compensation Act 1992, and uses terms ('seafarer berths', 'prescribed ships') whose definitions are thus sourced from the Collection Act rather than the Act under which the triggering declaration is made. This creates a potential definitional mismatch where the trigger condition and the operative terms are governed by different statutory instruments."}]}},"importantCases":[],"_links":{"self":"/api/acts/seafarers-rehabilitation-and-compensation-levy-act-1992","history":"/api/acts/seafarers-rehabilitation-and-compensation-levy-act-1992/history","analysis":"/api/acts/seafarers-rehabilitation-and-compensation-levy-act-1992/analysis","conflicts":"/api/acts/seafarers-rehabilitation-and-compensation-levy-act-1992/conflicts","importantCases":"/api/acts/seafarers-rehabilitation-and-compensation-levy-act-1992/important-cases","documents":"/api/acts/seafarers-rehabilitation-and-compensation-levy-act-1992/documents"}}