Part 13Facilities Fund

Part 13—Facilities Fund 159—Facilities levy (1) For the purposes of section 90AA(1) of the Act, the following vessels, and vessels of the following classes, are exempt from the operation of section 90AA of the Act: (a) a ferry or punt that crosses a river or fairway by means of ropes or cables; (b) vessels without an engine; (c) a ferry operated by the Cooper Creek ferry service (being the ferry operated during flooding of Cooper Creek where it crosses the Birdsville Track); (d) a heritage vessel; (e) commercial vessels owned by SASES; (f) commercial vessels owned by a volunteer marine search and rescue organisation; (g) if the facilities levy is payable on the registration of a vessel and the registration fee is, or was within the 12 months prior to 1 July 2018, waived in relation to a particular vessel—that vessel. (2) Without limiting subregulation (1), for the purposes of section 90AA(1) of the Act, domestic commercial vessels are, on or after 1 July 2018, exempt from the operation of section 90AA of the Act. (3) For the purposes of section 90AA(5) of the Act, the amount of the facilities levy payable by the owner of a vessel is the amount fixed by Schedule 11 in relation to a vessel of the relevant kind. heritage vessel means a vessel that is— (a) in the opinion of the CE, of historical significance; and (b) owned and operated by a not‑for‑profit organisation that is an institutional member of the Australian Maritime Museums Council; and (c) listed on the Australian Register of Historic Vessels. 160—Boating facility advisory committee (1) There is to be a committee to advise the Minister on any variation of the amounts of the facilities levies, and the application of the Facilities Fund, under section 90A of the Act. (2) The committee is to consist of a maximum of 8 members appointed by the Minister of whom— (a) 1 must be a person nominated by the Boating Industry Association of South Australia Incorporated; and (b) 1 must be a person nominated by the South Australian Recreational Boating Council Incorporated; and (c) 1 must be a person nominated by the South Australian Recreational Fishing Advisory Council Incorporated; and (d) 1 must be a person nominated by the Local Government Association of South Australia; and (e) 2 must be persons who, in the opinion of the Minister, have experience in the operation of commercial vessels (with at least 1 having experience in the commercial fishing industry). (3) At least 1 member of the committee must be a woman and 1 a man. (4) The Minister may appoint a person to be a deputy of a member of the committee and the deputy may act as a member of the committee in the absence or during a temporary vacancy in the office of that member. (5) If a person is appointed as a member of the committee on the nomination of a body, a person appointed as the person's deputy must also be appointed on the nomination of that body. (6) If a body fails to nominate a person within 6 weeks of a request in writing to do so from the Minister, the Minister may appoint such person as the Minister thinks fit and that person will be taken to have been duly appointed as a member or deputy member (as the case may require) of the committee. (7) A member of the committee will be appointed for a term not exceeding 2 years and, at the expiration of a term of appointment, will be eligible for reappointment. (8) A member of the committee is entitled to such fees and allowances as may be determined by the Minister. (9) The Minister may remove a member of the committee from office on any ground that the Minister considers sufficient. (10) The office of a member of the committee becomes vacant if the member— (a) dies; or (b) completes a term of office and is not reappointed; or (c) resigns by written notice to the Minister; or (d) is removed from office by the Minister under subregulation (9). (11) An act of the committee is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member. (12) The Minister will appoint 1 member of the committee to be the presiding member of the committee and may appoint 1 member to be the deputy presiding member. (13) The presiding member of the committee or, in the presiding member's absence, the deputy presiding member (if a deputy presiding member has been appointed), will preside at any meetings of the committee. (14) Subject to these regulations and any directions of the Minister, the committee may conduct its business in such manner as it thinks fit.