Marine Navigation (Regulatory Functions) Levy Collection Act 1991

This Act establishes a statutory collection regime for a levy that funds marine navigation regulatory functions. Mechanically, it does three things. First, it defines the taxable subject matter and relevant actors: a levy is payable in respect of a "sea‑going ship" that is not an "exempt ship" (definitions at s 3). Second, it creates the liability and payment mechanics: who is liable (owner, master, agent/consignee), when the levy is payable (detailed timing rules in s 6), where and how it must be paid (to a Collector at a specified Australian port, with methods in s 7(4)), and limits on frequency (no more than four occasions in any 12 consecutive months, s 6(5)). Third, it sets out enforcement and administrative measures: levy recovery through courts of summary jurisdiction (s 8), detention by officers of Customs until the levy is paid (s 9), a statutory right of retention for agents/consignees who have paid levy (s 10), and a power for the Governor‑General to make regulations, including remission or refund provisions (s 11).

The Act does not itself authorise the levy rate or base. It refers repeatedly to the Levy Act, defined as the Marine Navigation (Regulatory Functions) Levy Act 1991 (s 3). The present Act is a procedural and enforcement instrument for collecting that levy rather than a standalone charging provision. It binds the Crown in right of States and Territories (s 4). The Collector role is defined by reference to existing Customs machinery or authorised persons appointed under an earlier Act (s 3). Detention is the primary coercive measure; while a ship is detained, certain non‑statutory seizure remedies under the Personal Property Securities Act 2009 (s 123) are suspended (s 9(2)).

The Act commenced on 1 July 1991 (s 2). The Schedule is said to contain consequential amendments to other Acts (s 12), but the Schedule itself is not included in the text supplied. The Act also uses cross‑references to other Commonwealth maritime and customs statutes to locate ports, ship registration and aids to navigation (see s 3 references to the Customs Act 1901, Shipping Registration Act 1981 and the Navigation Act 2012).

The Act builds on a small set of defined legal concepts. Those definitions determine taxable events, liability, payment points and enforcement scope. Key definitions are in s 3 and should be read first.

• Levy and Levy Act. "Levy" means the levy imposed by the Levy Act (s 3). The present Act does not set rates, it prescribes the collection and enforcement processes for a levy whose substantive imposition and particulars are contained in the Levy Act (definition of Levy Act, s 3).

• Sea‑going ship. A "sea‑going ship" is, in essence, a vessel that in the course of a voyage to or from an Australian port passes an AMSA aid to navigation as defined in the Navigation Act 2012, or is registered in the Australian International Shipping Register (s 3). The definition ties the levy’s scope to navigational geography and Australian registration, not merely to vessel size or cargo type.

• Exempt ship. "Exempt ship" is a statutory category declared by regulations under the Marine Navigation Levy Collection Act 1989 (s 3). The Act defers to those earlier regulations for exclusions from the charging regime. The text supplied does not include the 1989 Act’s regulations, so the content of the exemption class cannot be stated from this source alone.

• Collector. A Collector is either a Collector within the meaning of the Customs Act 1901 or an "authorised person" (appointed under s 5 of the Marine Navigation Levy Collection Act 1989) (s 3). The Collector is the repository for payment, the plaintiff for civil recovery (s 8), and for practical enforcement often will be an officer of Customs (s 3; s 9 references officers of Customs).

• Home port and quarter. "Home port" is the Australian port notified in writing by the ship’s owner or agent as the ship’s home port to a Collector at that port (s 3). "Quarter" is the conventional calendar quarter commencing 1 January, 1 April, 1 July or 1 October (s 3), a concept used to fix payment timing.

• Liability and persons on the hook. The Act creates joint and several liability for the levy among the ship’s owner, the master, and any agent or consignee who has paid or is liable to pay any charge on account of the ship (s 5(2)). That structure allows the levy to be pursued from multiple parties independently.

• Temporal and modal rules. Timing rules vary by trading pattern and status: ships trading solely between Australian ports have quarterly payment points (s 6(1)); certain new or locally employed ships pay on departure (s 6(2)); other arrival‑based and three‑month gap rules apply (s 6(3)); transient calls for bunkering, crew change, medical or repairs are excepted from s 6(3) liability (s 6(4)). Ships registered in the Australian International Shipping Register pay on the first day of each quarter (s 6(4A)). A per‑ship annual cap prevents more than four levy occasions in any 12 consecutive months (s 6(5)).

The Act identifies a small set of affected persons and entities, and defines the institutional actors responsible for collection and enforcement.

• Primary economic subjects. Ship owners are first in the list of liable parties (s 5(2)(a)). Owners face direct levy liability whenever their vessel meets the "sea‑going ship" definition and is not an "exempt ship" (s 5(1); s 3). Owners therefore bear the core economic incidence of compliance, although practical payment may be handled by agents.

• Master and on‑board officials. The master is jointly and separately liable (s 5(2)(b)). That exposes masters to enforcement risk in the field if owners are not present or if the chain of command places payment responsibility on the master. The master’s liability is unconditional in the text, not limited by any "payor" or reimbursement mechanism.

• Agents and consignees. An agent or consignee who has paid, or is liable to pay, any charge on account of the ship is jointly and separately liable (s 5(2)(c)). Agents typically bear front‑line administrative responsibility; the Act recognises that by giving agents a right to retain an amount from ship funds equal to levy paid (s 10). That retention right can affect cashflow and priority among multiple claimants on ship funds.

• Collectors, officers of Customs and authorised persons. Enforcement depends on Collectors, defined as either a Collector under the Customs Act 1901 or an authorised person (s 3). Officers of Customs may detain ships (s 9(1)). The Collector is the party to whom levy is paid (s 7) and who may commence recovery proceedings in a court of summary jurisdiction (s 8).

• The Crown. The Act binds the Crown in right of each State and Territory and the Australian Capital Territory (s 4). That removes sovereign immunity as a bar, so government‑owned vessels within the definition are subject to the same collection regime unless they are expressly captured by an "exempt ship" regulation under the 1989 Act.

• Secured creditors and PPSA registrants. While the ship is detained under s 9(1), the power of seizure provided by s 123 of the Personal Property Securities Act 2009 is not available in relation to the ship (s 9(2)). That temporarily suspends a particular statutory remedy available to certain creditors, creating an intercreditor effect between levy enforcement and secured interests that rely on the PPSA.

• Ships and operators under particular registrations. Ships registered in the Australian International Shipping Register are treated distinctly for timing of payment, with levy payable on the first day of each quarter (s 6(4A)). Owners of such ships are directly affected by the quarterly cadence irrespective of port movements.

The Act prescribes specific duties to pay, to notify, and to lodge payments with designated officials, and confers a small set of rights for collectors, payors and agents. Below are the statute’s operative obligations and statutory entitlements with the controlling sections.

Duties to pay and timing obligations

• A levy is payable in respect of a sea‑going ship that is not an exempt ship (s 5(1)). The obligation attaches to the ship, and the Act then fixes who is liable for payment in money terms (s 5(2)).
• Liability is joint and several and rests on the ship’s owner, the master, and on an agent or consignee who has paid or is liable to pay any charge on account of the ship (s 5(2)). Each may be sued independently for the full levy.
• Deferential timing rules apply. Ships trading solely between Australian ports are subject to levy payment on the first day of each quarter (s 6(1)). Ships being first placed in commission after construction in an Australian port, usually employed or moored within an Australian port’s limits, an exempt ship that stops being exempt in port, or ships placed in commission at an Australian port after a remission period, pay on the day they leave that port (s 6(2)). Other arrival‑based rules apply for ships not covered by s 6(1) or (2) (s 6(3)). Notably, levy is not payable under s 6(3) for certain brief or incidental port calls such as taking on fuel, crew changes, medical disembarkations, shelter, repairs or refitting (s 6(4)). Ships registered in the Australian International Shipping Register are subject to quarterly payment on the first day of each quarter (s 6(4A)). No ship is liable for levy more than four times in any 12 consecutive months (s 6(5)).

Payment location, method and change of port notice

• Levy payable under various timing rules must be paid to a Collector at the ship’s home port or to a Collector at another Australian port if the owner or agent has given a written notice to the home‑port Collector before the payment day specifying the alternative port (s 7(1), s 7(2), s 7(3)). The Act therefore imposes a prepayment notice requirement to change the designated Collector.
• Payment may be made personally, by post addressed to the Collector, or by other means as prescribed (s 7(4)). The Act leaves scope for regulations to specify additional permitted payment methods.

Enforcement and recovery rights

• Collectors may recover levy by proceedings in the name of a Collector in any court of summary jurisdiction (s 8). That creates a civil recovery pathway rather than a criminal sanction in the text supplied.

The Act prescribes civil enforcement mechanisms and administrative coercion, but it does not create express criminal penalties within the text supplied. Enforcement is structured through three principal devices: civil recovery, detention, and statutory retention.

Civil recovery

• Levy may be recovered in any court of summary jurisdiction by proceedings in the name of a Collector (s 8). That means the Collector is able to file civil proceedings for recovery of unpaid levy. The Act does not provide the precise procedural route beyond that statement; the normal summary jurisdiction rules and remedies apply. The absence of an express penalty section in the Act suggests enforcement is primarily monetary recovery and the use of civil process.

Detention

• An officer of Customs may detain any ship in respect of which levy is payable at any Australian port until the levy is paid (s 9(1)). Detention is a coercive administrative measure: physically preventing a vessel from leaving port until payment is made. The Act does not provide detailed procedural safeguards in the text supplied such as notice periods, review rights, or time limits on detention. The detention power is operationally significant because it permits immediate leverage at ports where Customs officers operate.

Interference with PPSA seizure power

• While a ship is detained under s 9(1), a person does not have the power of seizure provided by s 123 of the Personal Property Securities Act 2009 in relation to the ship (s 9(2)). That provision displaces a specific remedy under the PPSA during detention. The effect is to prioritise levy enforcement at least temporarily over a particular PPSA remedy. The Act does not alter other PPSA remedies or rankings; it only removes the s 123 power while detention lasts.

Statutory retention right

• An agent or consignee who has paid levy may retain an amount equal to the levy from money received on account of the ship or belonging to the owner (s 10). This confers an immediate priority right for agents who have discharged the levy, and reduces the need to pursue reimbursement through court.

Regulatory remission and refunds

• The Governor‑General may make regulations providing for refund or remission (in whole or in part) of amounts of levy in such circumstances as specified (s 11(2)). That gives an administrative avenue to mitigate liability after the fact, but the availability of remission depends on the content and exercise of delegated regulations rather than on an automatic statutory correction.

The Act deliberately integrates with existing maritime, customs and personal property regimes by cross‑reference. The following interactions are explicit in the text supplied and have operational consequences.

Customs Act 1901

• The definition of "Australian port" is tied to places appointed, proclaimed or prescribed as a port under the Customs Act 1901 or under a law of a State or the Northern Territory (s 3). The Collector is also defined to include "a Collector within the meaning of the Customs Act 1901" (s 3). Those references place Customs law and Customs administrative structures at the centre of levy collection. Practically, Customs’ port definitions determine territorial reach, and Customs Collectors and officers will execute detention powers (s 9(1)).

Marine Navigation Levy Collection Act 1989

• The definition of authorised person and the identification of "exempt ship" refer to appointments and regulations under the Marine Navigation Levy Collection Act 1989 (s 3). That earlier Act supplies the delegated architecture for authorised persons and the exempt‑ship class. The present Act depends on that earlier statutory framework for operational detail about who may act as a Collector outside Customs and which ships might be exempt.

Shipping Registration Act 1981

• The term "Australian International Shipping Register" has the same meaning as in the Shipping Registration Act 1981 (s 3). The Act treats ships registered on that register specially for timing of payments: such ships pay on the first day of each quarter (s 6(4A)). Therefore registration status under the Shipping Registration Act can change the cadence and predictability of levy obligations.

Navigation Act 2012

• The definition of "sea‑going ship" references passing an AMSA aid to navigation "as defined in the Navigation Act 2012" (s 3). The Navigation Act’s definition and the location of AMSA aids will therefore affect which voyages come within the levy’s scope. The Act ties the operational scope of levy liability to navigational infrastructure regulated elsewhere.

Personal Property Securities Act 2009

• Section 9(2) expressly excludes the power of seizure provided for by s 123 of the Personal Property Securities Act 2009 while a ship is detained under s 9(1). That creates a legal interaction where a specific PPSA remedy is unavailable during levy detention. The text supplied does not displace other PPSA rights, registrations or priorities, but it does temporarily remove one remedy for persons relying on the PPSA.

The text supplied contains limited material concerning amendment history. What the source confirms is the Act’s commencement date and that it implements consequential amendments to other Acts by Schedule.

• Commencement. The Act commenced on 1 July 1991 (s 2). That establishes the statutory timeline for when the collection mechanics became operative.

• Short title. The Act may be cited as the Marine Navigation (Regulatory Functions) Levy Collection Act 1991 (s 1). That identifies the instrument as the collection counterpart to a separate Levy Act.

• Consequential amendments. Section 12 provides that the Acts specified in the Schedule are amended as set out in the Schedule (s 12). The Schedule itself is not included in the text provided. Without the Schedule text, the identity of the amended Acts and the form of the amendments cannot be stated from the source before you. The reader should therefore consult the Schedule in the published Act for detail on consequential changes.

• Apparent textual duplication in the supplied material. The supplied text reproduces a section headed "8 To whom levy is payable" at the end that duplicates the content earlier given under s 7 (the earlier provision is headed "7 To whom is levy payable"). That duplication appears to be a drafting or transcription anomaly in the supplied material rather than an express amendment history entry. The Act as supplied elsewhere uses s 7 for payment location and modes and s 8 for recovery. Readers should cross‑check the official published Act to confirm which provisions are numbered and how the Schedule is presented. The duplication is visible in the supplied source and should be treated as an ambiguity in the supplied transcript.

No other amendments, repeal provisions, sunset clauses, or later‑date changes are contained in the supplied text. The Act itself permits regulations (s 11), which may have been used subsequently to adjust operational detail like exempt ships and remission. Any history of amendments to the Act since commencement is not recorded in the extract you provided; further historical detail would require consulting the official legislative history and parliamentary records for subsequent acts, amending instruments and regulations.

The supplied text does not record any case law or judicial determinations interpreting the Act. The Act references other statutes that have spawned litigation in other contexts, but the present document contains no named cases, no reported decisions and no judicial summaries. The only cross‑statutory reference relevant to litigation posture is the disapplication of s 123 of the Personal Property Securities Act 2009 during detention (s 9(2)), which, in practice, could generate contested issues about the scope and interaction of seizure and detention powers; however, no decisions on that question are provided in the source you supplied.

Practical litigation pathways that the Act creates and which could generate case law are present:

• Civil recovery in courts of summary jurisdiction brought in the name of a Collector (s 8). Cases could address jurisdictional limits, proper plaintiffs, defences to recovery and procedural aspects of summary jurisdiction proceedings.
• Challenges to detention by officers of Customs (s 9(1)). Litigation could address the lawfulness of detention, procedural fairness, challenge mechanisms, and limits on detention duration. The Act as supplied is silent on review rights.
• Disputes involving the interaction with the Personal Property Securities Act 2009 (s 9(2)), particularly where secured parties assert rights under the PPSA while a ship is detained, could be litigated to resolve intercreditor priorities and the proper scope of the exclusion of s 123 seizure.
• Disputes about entitlement to remissions or refunds under regulations made pursuant to s 11(2) could lead to judicial review of administrative decisions under delegated legislation.

Because the source contains no litigation records, no cases are named and none may be cited from this text. Practitioners seeking precedent must consult case reports, tribunal decisions, and consolidated legislation to identify any jurisprudence that has since interpreted or applied the Act.

The Act’s brevity and dependence on other instruments create a number of practical hazards and ambiguous points that merit attention. The following are concrete operational issues to watch for, grounded in the statutory text.

1. Joint and several liability increases collection risk

• The levy is recoverable from owner, master and potentially an agent or consignee (s 5(2)). That means each of those persons can be pursued for the full amount. Agents and consignees who are exposed because they paid other port charges can become target recoverees for levy even if they were not otherwise contractually liable to the owner.

2. Agent retention right does not create an absolute priority

• An agent or consignee who has paid the levy may retain an amount up to the levy from money received on account of the ship (s 10). That is helpful to agents, but the Act does not state whether that retention defeats prior security interests or how it ranks against other claims; the retention interacts with commercial priorities in ways that depend on other laws and on the particular facts of multiple claimants.

3. Detention suspends a PPSA seizure power but does not expressly displace other remedies

• While detained, s 9(2) removes the power of seizure under s 123 of the PPSA. That is a narrowly framed suspension. It does not state whether other PPSA remedies, or remedies under State law, are affected. Secured parties should not assume all enforcement routes are blocked.

4. Timing complexities and prepayment notice requirement

• Payment timing varies with trading patterns (s 6). For ships trading solely between Australian ports the payment point is the first day of each quarter (s 6(1)), but s 6(5) caps payments to four in any 12 months. If owners or agents wish to change the Collector to which payment should be made, they must give written notice to the Collector at the home port before the day the levy falls due (s 7(1)(b); s 7(2)(b)). Failure to give that notice in time can lead to technical non‑compliance.

5. Exempt ship status and delegation to other instruments

• Whether a ship is an "exempt ship" is determined by regulations under the Marine Navigation Levy Collection Act 1989 (s 3). The content of those regulations is not in this source. Relying on exemption therefore requires checking the delegated instruments. The absence of an automatic exemption in the Act can create operational risk if a ship assumes exemption wrongly.

Compliance requires a mix of procedural steps to avoid detention, to maintain cashflow, and to manage the interactions with agents, secured creditors and customs. The steps below follow directly from statutory obligations and rights in the Act.

1. Determine whether the vessel is within scope

• Check whether the ship meets the "sea‑going ship" definition in s 3, that is whether it passes an AMSA aid to navigation in a voyage to or from an Australian port or is registered in the Australian International Shipping Register. If in doubt, consult the Navigation Act 2012 definitions and the ship’s registration status under the Shipping Registration Act 1981 because those definitions determine whether the vessel attracts levy liability.

2. Check exempt ship status

• Verify whether the vessel is an "exempt ship" as declared under regulations made under the Marine Navigation Levy Collection Act 1989 (s 3). Do not assume exemption without inspecting the relevant regulations. If a vessel is declared exempt by those regulations it will not attract levy under s 5(1).

3. Identify home port and provide written notices if necessary

• If the owner/agent wishes to change the Collector to whom levy is payable, give a written notice to the Collector at the ship’s home port before the day on which the levy becomes payable (s 7(1)(b), s 7(2)(b)). Maintain proof of that written notice. If operating multiple Australian ports, maintain a register of home‑port notifications to avoid technical non‑compliance.

4. Observe timing rules and the four‑times cap

• For ships trading solely between Australian ports, ensure levy is paid on the first day of each quarter (s 6(1)). For other categories, apply the arrival/departure rules in s 6(2) and s 6(3). Track the four‑times‑in‑12‑months cap (s 6(5)) to avoid overpayment or misapplication. Maintain voyage logs to evidence whether particular calls fall within the exceptions in s 6(4) (bunkering, crew changes, medical disembarkation, shelter, repairs or refitting).

5. Ensure correct payee and payment method

• Pay to a Collector at the appropriate Australian port as specified by the Act (s 7). Payments may be made personally, by post to the Collector, or by other methods as prescribed (s 7(4)). If relying on "as otherwise prescribed" methods, verify the current regulations for acceptable electronic or bank transfer routes.