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Stevedoring Levy (Collection) Bill 1998

Part 1 P reliminary

   

1   Short title

                   This Act may be cited as the Stevedoring Levy (Collection) Act 1998 .

2   Commencement

                   This Act commences on the day on which it receives the Royal Assent.

3   Crown to be bound

                   This Act binds the Crown in each of its capacities, but does not make the Crown liable to be prosecuted for an offence.

4   Application of Criminal Code

                   Chapter 2 of the Criminal Code applies to offences against this Act.

5   Definitions

                   In this Act, unless the contrary intention appears:

container means a receptacle that:

                     (a)  is designed to be loaded from one mode of transport to another without the contents being unpacked; and

                     (b)  is of a kind ordinarily used as part of an international containerised cargo transport system; and

                     (c)  has a capacity of at least 14 cubic metres;

and includes:

                     (d)  a cargo-handling device commonly known as a bolster; and

                     (e)  a cargo-handling device commonly known as a flat rack.

constitutional corporation means any of the following:

                     (a)  a foreign corporation within the meaning of paragraph 51(xx) of the Constitution;

                     (b)  a trading corporation, or financial corporation, to which paragraph 51(xx) of the Constitution applies;

                     (c)  a body corporate incorporated in a Territory.

constitutional trade or commerce means trade or commerce:

                     (a)  between Australia and a place outside Australia; or

                     (b)  between the States; or

                     (c)  within a Territory, between a State and a Territory or between 2 Territories.

first levy month means the month notified by the Minister under section 9.

inspector means a person appointed as an inspector under section 15.

late payment penalty means an additional amount payable under section 12.

levy means levy payable under this Act.

loading does not include:

                     (a)  a re-loading of cargo onto a ship following a temporary unloading of that cargo from the ship; or

                     (b)  a re-loading of cargo following a trans-shipment unloading of that cargo.

month means any of the months of the year.

Secretary means the Secretary to the Department.

ship includes a barge, lighter, hulk or other vessel.

stevedoring industry means the stevedoring industry, so far as it involves:

                     (a)  stevedoring in the course of constitutional trade or commerce; or

                     (b)  stevedoring by a constitutional corporation.

temporary unloading means an unloading of cargo from a ship that is done solely for the purpose of:

                     (a)  re-positioning that cargo, or other cargo, on the ship; or

                     (b)  allowing other cargo to be loaded onto or unloaded from the ship.

trans-shipment unloading means an unloading of cargo from a ship that is done solely for the purpose of allowing the cargo to be loaded onto another ship at the same port.

unloading does not include a temporary unloading or a trans-shipment unloading.

6   Purpose of the levy

The purpose of the levy is to meet the cost of payments under section 18.