{"id":"F2018L00868","name":"Seafarers Rehabilitation and Compensation Levy Collection Regulations 2018","slug":"seafarers-rehabilitation-and-compensation-levy-collection-regulations-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439670,"registerId":"F2018L00868-fast-fetch-1775955606153","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Seafarers Rehabilitation and Compensation Levy Collection Regulations 2018","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\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\nSeafarers Rehabilitation and Compensation 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 21 June 2018\n\nPeter Cosgrove\n\nGovernor‑General\n\nBy His Excellency’s Command\n\nCraig Laundy\n\nMinister for Small and Family Business, the Workplace and Deregulation\n\n \n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Schedules\n\n5 Definitions\n\nPart 2—Records, returns and payment of levy\n\n6 Giving of returns and other information\n\n7 Manner of payment of levy\n\n8 Recovery of levy\n\n9 Refund of overpayment of levy\n\n10 Records to be kept\n\n11 Production of records\n\nPart 3—Savings and transitional provisions\n\n12 Definitions\n\n13 Savings—levy payable under old regulations\n\n14 Transitional—registers and records\n\n15 Transitional—copy of register requested under the old regulations\n\nSchedule 1—Repeals\n\nSeafarers Rehabilitation and Compensation Levy Collection Regulations 2002\n\n \n\nPart 1—Preliminary\n\n \n\n1  Name\n\n  This instrument is the Seafarers Rehabilitation and Compensation 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. At the same time as the Seafarers Rehabilitation and Compensation Levy Regulations 2018 commence.However, the provisions do not commence at all if that instrument does not commence. 1 July 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 Seafarers Rehabilitation and Compensation Levy Collection Act 1992.\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\n  In this instrument:\n\nAct means the Seafarers Rehabilitation and Compensation Levy Collection Act 1992.\n\nLevy Act means the Seafarers Rehabilitation and Compensation Levy Act 1992.\n\nPart 2—Records, returns and payment of levy\n\n \n\n6  Giving of returns and other information\n\n  For the purposes of section 6 of the Act, the Authority is prescribed.\n\n7  Manner of payment of levy\n\n  For the purposes of paragraph 16(2)(a) of the Act, levy must be paid to the Authority by:\n\n (a) cheque payable to the Authority; or\n\n (b) electronic funds transfer.\n\n8  Recovery of levy\n\n  For the purposes of paragraph 16(1)(b) of the Act, the Authority may, on behalf of the Commonwealth, recover levy payable under the Levy Act.\n\n9  Refund of overpayment of levy\n\n  For the purposes of paragraph 16(2)(b) of the Act, if there is an overpayment of levy, the overpayment is to be refunded by the Authority on behalf of the Commonwealth.\n\n10  Records to be kept\n\n (1) An employer must keep a register that records, for the first day of each quarter:\n\n (a) the name of each prescribed ship for which the employer employed or engaged seafarers; and\n\n (b) the number of seafarer berths on each of those prescribed ships.\n\n (2) A record must be kept in the register for 5 years after the day on which the employer became liable to enter the record in the register.\n\nOffence\n\n (3) A person commits an offence if:\n\n (a) the person is required to keep a register under subsection (1); and\n\n (b) the person fails to:\n\n (i) enter a record in the register in accordance with subsection (1); or\n\n (ii) keep a record in the register in accordance with subsection (2).\n\nPenalty: 5 penalty units.\n\n (4) Strict liability applies to paragraph (3)(a).\n\n11  Production of records\n\n (1) The Authority may, by written request given to an employer, require the employer to give a copy of a register required to be kept under subsection 10(1) to the Authority within the period specified in the request.\n\n (2) The period must be at least 14 days after the request is given.\n\nOffence\n\n (3) A person commits an offence if:\n\n (a) the person is given a request under subsection (1); and\n\n (b) the person fails to comply with the request within the period specified in the request.\n\nPenalty: 5 penalty units.\n\nSelf‑incrimination\n\n (4) A person is not excused from giving a copy of the register on the ground that giving the copy or the information contained in the copy might tend to incriminate the person or expose the person to a penalty.\n\n (5) However, in the case of an individual:\n\n (a) the information contained in the copy of the register; or\n\n (b) giving the copy of the register; or\n\n (c) any information, document or thing obtained as a direct or indirect consequence of the giving of the copy of the register;\n\nis not admissible in evidence against the individual in criminal proceedings other than proceedings for an offence against section 10 or 11 of this instrument, or section 137.1 or 137.2 of the Criminal Code in relation to giving a copy of the register.\n\nPart 3—Savings and transitional provisions\n\n \n\n12  Definitions\n\n  In this Part:\n\ncommencement day means the day this instrument commences.\n\nold regulations means the Seafarers Rehabilitation and Compensation Levy Collection Regulations 2002, as in force immediately before the commencement day.\n\n13  Savings—levy payable under old regulations\n\n  Despite the repeal of the old regulations by this instrument, regulations 4, 5 and 7 of the old regulations continue to apply in relation to levy payable for a quarter ending before the commencement day.\n\n14  Transitional—registers and records\n\n (1) A register kept under subregulation 6(1) of the old regulations is taken, on and after the commencement day, to be kept under subsection 10(1) of this instrument.\n\n (2) An entry in a register kept under subregulation 6(2) of the old regulations is taken, on and after the commencement day, to be kept under subsection 10(2) of this instrument.\n\n (3) To avoid doubt, nothing in this section is intended to change the time at which:\n\n (a) a register was kept, or was required to be kept; or\n\n (b) an entry was recorded, or was required to be recorded, in a register; or\n\n (c) an entry was kept, or was required to be kept, in a register.\n\n15  Transitional—copy of register requested under the old regulations\n\n  If a request was:\n\n (a) given to an employer under subregulation 6(3) of the old regulations; and\n\n (b) pending immediately before the commencement day;\n\nthe request has effect, on and after the commencement day, as if it were made under subsection 11(1) of this instrument.\n\nNote: Subregulation 6(3) of the old regulations allowed the Authority to request an employer provide a copy of a register.\n\nSchedule 1—Repeals\n\n \n\nSeafarers Rehabilitation and Compensation Levy Collection Regulations 2002\n\n1  The whole of the instrument\n\nRepeal the instrument.\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument replaces the 2002 collection regulations and updates procedural details (payment methods, recordkeeping, production, and transitional arrangements) but does not alter who is liable for the levy or the substantive levy rules set by the Levy Act. It preserves certain old‑regulation effects for quarters ending before commencement (ss13–15; Schedule 1)."},"complexity_factors":["Short, focused instrument limited to collection mechanics and recordkeeping (whole instrument; Parts 2–3).","Relies on underlying Acts for substantive levy rules—instrument made under the Seafarers Rehabilitation and Compensation Levy Collection Act 1992 and cross‑references the Levy Act (s3; definitions).","Clear, limited payment methods prescribed—cheque or electronic funds transfer (s7), reducing transactional ambiguity.","Recordkeeping requirement: quarterly register of prescribed ships and seafarer berths retained for 5 years (s10(1)–(2)) creates a defined compliance burden for employers.","Compliance/enforcement features: 5 penalty unit offences for failing to keep or produce records (s10(3); s11(3)) and strict liability for the register‑keeping duty (s10(4)), which raises low‑threshold enforcement risk.","Authority’s production power requires at least 14 days’ notice (s11(1)–(2)) and includes limited protections against self‑incrimination for individuals (s11(4)–(5)), adding evidentiary complexity.","Transitional and repeal provisions preserve application of certain old regulations for prior quarters and convert existing registers/requests into the new regime (ss13–15; Schedule 1), requiring cross‑referencing of past records."],"plain_english_summary":"These regulations set the practical rules for collecting the Seafarers Rehabilitation and Compensation Levy. Employers pay the levy; the Authority is prescribed to receive returns, accept payment by cheque or electronic transfer, recover or refund levy on the Commonwealth’s behalf, and request employers’ registers.\n\nEmployers must keep a quarterly register of prescribed ships and seafarer berths for five years; failures to record or produce the register attract a 5‑penalty‑unit offence (strict liability for the recording breach) and limited self‑incrimination protection for individuals."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow administrative purpose: facilitating the collection of the seafarers' compensation levy. The 2018 version is a direct replacement of the 2002 regulations with equivalent provisions, plus standard transitional arrangements to ensure continuity. There is no scope creep or expansion beyond the original intent of setting payment methods, record-keeping requirements, and enforcement mechanisms for the levy collection system."},"complexity_factors":["Short length (15 sections plus a schedule)","Minimal defined terms (only 3 definitions in the main instrument: 'Act', 'Levy Act', and 'Authority' in Part 1, plus 'commencement day' and 'old regulations' in Part 3)","Straightforward administrative provisions without nested conditions","Simple transitional arrangements that preserve existing obligations without complex triggers","No cross-references to external legislation beyond the parent Act and Levy Act","Clear offence provisions with strict liability (no mental state required) and fixed penalties"],"plain_english_summary":"These rules require employers of seafarers on prescribed ships to pay a levy to fund seafarers’ rehabilitation and compensation, keep and quarterly update a register of ships and berths for five years, and provide records to the Authority for verification. Failure risks fines; handed-over records are generally protected from use for other prosecutions except for false statements. This replaces 2002 rules and preserves recovery of prior unpaid levies."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/seafarers-rehabilitation-and-compensation-levy-collection-regulations-2018","history":"/api/acts/seafarers-rehabilitation-and-compensation-levy-collection-regulations-2018/history","analysis":"/api/acts/seafarers-rehabilitation-and-compensation-levy-collection-regulations-2018/analysis","conflicts":"/api/acts/seafarers-rehabilitation-and-compensation-levy-collection-regulations-2018/conflicts","importantCases":"/api/acts/seafarers-rehabilitation-and-compensation-levy-collection-regulations-2018/important-cases","documents":"/api/acts/seafarers-rehabilitation-and-compensation-levy-collection-regulations-2018/documents"}}