Commonwealth Numbered Regulations - Explanatory Statements

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STEVEDORING LEVY (IMPOSITION) REGULATIONS 1998 1998 NO. 225

Statutory Rules 1998 No. 225

Stevedoring Levy (Imposition) Act 1998

Stevedoring Levy (Imposition) Regulations 1998

The Stevedoring Levy (Imposition) Act 1998 (the Imposition Act) imposes a stevedoring levy on the loading or unloading of containers or vehicles. The Stevedoring Levy (Collection) Act 1998 assigns liability for levy, and establishes a process for collection of the levy.

Section 6 of the Imposition Act provides that the Governor-General may make regulations prescribing, inter alia, matters required or permitted by the Act, or necessary or convenient to give effect to the Act.

Section 5 of the Imposition Act provides a rate of levy for containers and for vehicles and allows a lower rate to be prescribed by regulation. That section also allows the regulations to g prescribe different rates of levy for different classes of containers or vehicles and to prescribe a zero rate or rates.

Purpose

The purpose of the Stevedoring Levy (Imposition) Regulations 1998 is to..

*       prescribe a lower rate of levy in relation to the loading and unloading of containers and vehicles, as permitted under subsections 5(2) and 5(3); and

*       prescribe a zero rate of levy for the class of containers and vehicles that are defined to be 'local cargo', as is permitted under subsection 5(4).

Context

In his Second Reading Speech, the Minister for Workplace Relations and Small Business announced the Government's intention that the rates of levy would be $12 per containers and $6 per vehicle'.

The Minister separately announced, on 12 June 1998, that the Government would exempt local cargo from levy. It has been decided that the exemption will be by way of regulation under subsection 5(4) of the Imposition Act. 'Local cargo' is defined in Regulation 3 to be cargo consigned from one Australian port to another Australian port, other than cargo bound for, or originating from, an overseas port.

Application

The Regulations prescribe a lower rate of levy of $12 per container and $6 per vehicle and set a zero rate of levy for local cargo as permitted by subsections 5(2), 5(3) and 5(4) of the Imposition Act.

Details

The details of the Regulations are set out in the Attachment.

The Regulations commence on the date of gazettal.

ATTACHMENT

Stevedoring Levy (Imposition) Regulations 1998

Regulation 1 - Name of the Regulations

The Regulations are known as the Stevedoring Levy (Imposition) Regulations 1998.

Regulation 2 - Commencement

The Regulations commence on the date of gazettal.

Regulation 3 - Definitions

Certain terms used in the Regulations are defined.

Regulation 4 - Rate of levy

Paragraph 4(1)(a) of the Regulations sets a rate of levy on the loading or unloading of a container of $12 per container.

Paragraph 4(1)(b) of the Regulations sets a rate of levy on the loading or unloading of a vehicle of $6 per vehicle.

Subregulation 4(2) sets a zero rate of levy on 'local cargo'. 'Local cargo' is defined in Regulation 3 to be cargo consigned from one Australian port to another Australian port, other than cargo consigned on a through 'sea-carriage document' to or from an overseas port.

Ports in Australia's external Territories are Australian ports for the purpose of the Regulation.

A 'sea-carriage document' is a defined term.