STEVEDORING LEVY (COLLECTION) REGULATIONS 1998 - made under the Stevedoring Levy (Collection) Act 1998 - TABLE OF PROVISIONS 1. Name of regulations [see Note 1] 2. Commencement [see Note 1] 3. Definitions 4. Payment of levy and late payment penalty 5. Repayment of overpayment 6. Records to be kept 7. Search warrant 8. Identity card for inspector 9. Information to be given to an inspector SCHEDULE Forms STEVEDORING LEVY (COLLECTION) REGULATIONS 1998 - REG 1 Name of regulations [see Note 1] These regulations are the Stevedoring Levy (Collection) Regulations 1998. STEVEDORING LEVY (COLLECTION) REGULATIONS 1998 - REG 2 Commencement [see Note 1] These regulations commence on gazettal. STEVEDORING LEVY (COLLECTION) REGULATIONS 1998 - REG 3 Definitions In these regulations: "Act" means the Stevedoring Levy (Collection) Act 1998. "leviable operation" means an operation of a kind described in subsection 7 (1) of the Act. "responsible person" means a person who: (a) is liable, under section 8 of the Act, to pay levy; or (b) would be liable to pay levy under that section for a loading or unloading if the applicable rate of levy were not zero. STEVEDORING LEVY (COLLECTION) REGULATIONS 1998 - REG 4 Payment of levy and late payment penalty Levy and late payment penalty must be paid by sending the amount payable, by properly prepaid post, to: The Collector of Public Moneys Department of Transport and Regional Services GPO Box 594 CANBERRA ACT 2601. STEVEDORING LEVY (COLLECTION) REGULATIONS 1998 - REG 5 Repayment of overpayment The Secretary must repay the overpayment, if a person pays: (a) as levy, more than the amount of levy payable for a period; or (b) a late payment penalty that is more than the amount of penalty payable. STEVEDORING LEVY (COLLECTION) REGULATIONS 1998 - REG 6 Records to be kept (1) A responsible person must keep, for 6 years after the end of each year, records, for each month of that year, of the numbers of leviable operations carried out by that responsible person. (2) However, for these Regulations, a responsible person need not keep records of leviable operations that occur after the final levy month notified by the Minister under section 9 of the Act. (3) An obligation mentioned in subregulation (1) may be discharged by someone else for the responsible person. STEVEDORING LEVY (COLLECTION) REGULATIONS 1998 - REG 7 Search warrant For section 14 of the Act, Form A in the Schedule is the prescribed form for a search warrant. STEVEDORING LEVY (COLLECTION) REGULATIONS 1998 - REG 8 Identity card for inspector For subsection 15 (3) of the Act, Form B in the Schedule is the prescribed form for an identity card for an inspector. STEVEDORING LEVY (COLLECTION) REGULATIONS 1998 - REG 9 Information to be given to an inspector (1) If an inspector asks a responsible person for information about the loading and unloading of ships, as described in subsection 7 (1) of the Act, the responsible person must give the information to the inspector. Penalty: 10 penalty units. (2) An offence against subregulation (1) is an offence of strict liability. Note For strict liability, see section 6.1 of the Criminal Code. STEVEDORING LEVY (COLLECTION) REGULATIONS 1998 - SCHEDULE Forms (regulation 7) Form A Search warrant under subsection 14 (3) Commonwealth of Australia Stevedoring Levy (Collection) Act 1998 Search warrant under subsection 14 (3) TO [name and address of inspector], an inspector within the meaning of subsection 15 (1) of the Stevedoring Levy (Collection) Act 1998 (the Act): 1. This warrant is issued on the basis that I am satisfied, by information on oath or affirmation: (a) that there is reasonable ground for believing that there are levy-related documents at [address] (the premises); and (b) that the issue of the warrant is reasonably required for the purposes of the Act. 2. This warrant authorises you, with such assistance as you think necessary, and, if necessary, by force, *at any time of the day or night/*during the following hours [state the hours]: (a) to enter the premises; and (b) to exercise your functions as an inspector under subsection 14 (1) of the Act. THIS WARRANT CEASES TO HAVE EFFECT ON [state a date 7 days or less after the day of issue of the warrant]. Issued by me, [full name of Justice of the Peace], on [date] . [signature of Justice of the Peace] Justice of the Peace * Omit if inapplicable. Form B Identity card for Inspector (regulation 8) Commonwealth of Australia Stevedoring Levy (Collection) Act 1998 Identity card for inspector In accordance with section 15 of the Stevedoring Levy (Collection) Act 1998, I, the Secretary of the Department of Workplace Relations and Small Business [or a person whom the Secretary of the Department of Workplace Relations and Small Business has delegated his [or her] powers under section 17 (2) of the Act], certify that [name] whose photograph and signature appear on this document is an inspector under the Act. [photograph] [signature of inspector] [signature of Secretary/delegate] STEVEDORING LEVY (COLLECTION) REGULATIONS 1998 - NOTES Statutory Rules 1998 No. 226 as amended This compilation was prepared on 20 February 2007 taking into account amendments up to SLI 2007 No. 16 Prepared by the Office of Legislative Drafting and Publishing, Attorney-General's Department, Canberra Contents 1 Name of regulations [see Note 1] 3 2 Commencement [see Note 1] 3 3 Definitions 3 4 Payment of levy and late payment penalty 3 5 Repayment of overpayment 3 6 Records to be kept 4 7 Search warrant 4 8 Identity card for inspector 4 9 Information to be given to an inspector 4 Schedule Forms 5 Form A Search warrant under subsection 14 (3) 5 Form B Identity card for Inspector 6 Notes 7 STEVEDORING LEVY (COLLECTION) REGULATIONS 1998 - NOTES Notes to the Stevedoring Levy (Collection) Regulations 1998 Note 1 The Stevedoring Levy (Collection) Regulations 1998 (in force under the Stevedoring Levy (Collection) Act 1998) as shown in this compilation comprise Statutory Rules 1998 No. 226 amended as indicated in the Tables below. Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments. From 1 January 2005 the Statutory Rules series ceased to exist and is replaced with Select Legislative Instruments (SLI) series. Numbering conventions remain the same, ie Year and Number. Table of Instruments Year and number Date of notification in Gazette or FRLI registration Date of commencement Application, saving or transitional provisions 1998 No. 226 16 July 1998 16 July 1998 1998 No. 350 22 Dec 1998 22 Dec 1998 -- 2002 No. 13 21 Feb 2002 21 Feb 2002 -- 2007 No. 16 19 Feb 2007 (see F2007L00380) 20 Feb 2007 -- Table of Amendments ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted Provision affected How affected R. 3........................................ am. 1998 No. 350; 2007 No. 16 R. 4........................................ rs. 1998 No. 350 R. 6A..................................... ad. 1998 No. 350 rep. 2007 No. 16 R. 9........................................ am. 1998 No. 350 rs. 2002 No. 13