Seafarers Rehabilitation and Compensation Levy Collection Act 1992

This Act may be cited as the Seafarers Rehabilitation and Compensation Levy Collection Act 1992.

This Act commences on the day on which section 2 of the Compensation Act commences.

In this Act, unless the contrary intention appears:

authorised person means a person appointed as an authorised person under section 11.

Authority has the same meaning as in the Compensation Act.

Comcare means the body established under section 68 of the Safety, Rehabilitation and Compensation Act 1988.

Compensation Act means the Seafarers Rehabilitation and Compensation Act 1992.

employer means a person who employs or engages one or more seafarers on a prescribed ship.

levy means an amount of levy imposed by the Seafarers Rehabilitation and Compensation Levy Act 1992.

premises includes:

a structure, building, vehicle or vessel; and

a place (whether enclosed or built on or not); and

a part of premises (including premises of a kind referred to in paragraph (a) or (b)).

prescribed ship has the same meaning as in the Compensation Act.

quarter means:

the period beginning on the day on which this Act commences and ending on the last day of March, June, September or December, whichever occurs first after the commencement of this Act; and

each later period of 3 months.

seafarer has the same meaning as in the Compensation Act.

seafarer berth has the same meaning as in the Compensation Act.

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

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

A reference in this Act to the number of seafarer berths on a prescribed ship is a reference to the number of seafarer berths on the ship on the first day of each quarter.

Levy on a seafarer berth is payable at the end of the period within which an employer is required by this Act to give a return under section 6.

An employer must, within 14 days after the beginning of each quarter, give to the person prescribed by the regulations a return in accordance with a form approved by the Chief Executive Officer of Comcare containing:

a statement of the number of seafarer berths on each prescribed ship in respect of which the employer employed or engaged seafarers on the first day of the quarter; and

such other information, relating to those berths as is specified in the form.

A person must not refuse or fail to give a return that he or she is required to give under section 6.

Penalty: 5 penalty units.

Subsection (1) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).

For the purposes of an offence against subsection (1), strict liability applies to the physical element, that the person is required to give a return under section 6.

Note: For strict liability, see section 6.1 of the Criminal Code.

A person must not give a return that does not contain all or any of the information required by section 6 to be included in the return.

Penalty: 20 penalty units.

Subsection (2) does not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2A) (see subsection 13.3(3) of the Criminal Code).

For the purposes of an offence against subsection (2), strict liability applies to the physical element, that the person is required under section 6 to include information in a return.

Note: For strict liability, see section 6.1 of the Criminal Code.

A person is not excused from giving a return on the ground that the return might tend to incriminate the person, but any return given, and any information or thing (including any document) obtained as a direct or indirect consequence of the giving of the return, is not admissible in evidence against the person in criminal proceedings, other than proceedings for an offence against subsection (2) or section 137.1 or 137.2 of the Criminal Code in relation to giving the return.

Levy payable on a seafarer berth may be recovered by the Commonwealth as a debt due to the Commonwealth.

If any levy imposed on a seafarer berth on a prescribed ship remains unpaid after it becomes payable the ship may be detained by an authorised person until the levy is paid.

Levy is taken to be a levy in relation to a ship for the purposes of paragraph 4(3)(q) of the Admiralty Act 1988.

Note: paragraph 4(j)(q) of the Admiralty Act 1988 provides that certain claims in relation to a ship may be dealt with as claims in rem.

The Chief Executive Officer of Comcare may, in writing, appoint the Deputy Chief Executive Officer of Comcare, or a member of Comcare's staff:

who is an SES employee or acting SES employee; or

whose classification level appears in Group 7 or 8 of Schedule 1 to the Classification Rules under the Public Service Act 1999; or

who is acting in a position usually occupied by a person with a classification level of the kind mentioned in paragraph (b);

to be an authorised person for the purposes of a specified provision of this Act.