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Stevedoring Levy (Collection) Bill 1998

Part 2 Liability for lev y

   

7   Stevedoring levy

             (1)  Levy is payable on the following:

                     (a)  the loading of a container onto a ship in Australia;

                     (b)  the unloading of a container from a ship in Australia;

                     (c)  the self-propelled loading of a vehicle onto a ship in Australia;

                     (d)  the self-propelled unloading of a vehicle from a ship in Australia.

Note:          Driving a car off a ship is an example of a self-propelled unloading.

             (2)  Levy is not payable on the unloading of a container or vehicle from a ship if levy was payable on the most recent loading of that container or vehicle onto the ship.

             (3)  Levy is not payable on loading or unloading that occurs in a month later than the final levy month notified by the Minister under section 9.

8   Person liable to pay levy

             (1)  Subject to this section, levy on loading or unloading is payable by the person (the responsible person ) who was responsible for the loading or unloading (otherwise than in the capacity of agent of the owner or charterer of the ship).

             (2)  If the responsible person is a body corporate, then the following persons are instead jointly and severally liable to pay the levy:

                     (a)  the responsible person; and

                     (b)  each other body corporate that was a related body corporate at the time of the loading or unloading.

             (3)  In this section:

body corporate means a body corporate that is incorporated (or taken to be incorporated) under the Corporations Law of a State or Territory.

related body corporate has the same meaning as in the Corporations Law.

responsible means responsible under a contract, arrangement or understanding with the owner or charterer of the ship (or with a person acting on behalf of the owner or charterer).

9   First levy month and final levy month

             (1)  The Minister may, by notice in the Gazette , notify a month as the first levy month for the purposes of this Act.

             (2)  The notified month cannot be earlier than the 2nd month after the month in which this Act received the Royal Assent.

             (3)  The Minister may, by notice in the Gazette , notify a month as the final levy month for the purposes of this Act.

             (4)  A notice under this section cannot be amended or revoked.