AMSA Determination Fixing Charges
Australian Maritime Safety Authority
Determination fixing charges, No 1 of 2001
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Fixing Charges [
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Determination
I, George Clive Davidson, Chief Executive Officer, on behalf
of the Australian Maritime Safety Authority, make this determination under
Section 47(1) of the Australian Maritime Safety Authority Act 1990.
Dated 12 January 2001
Chief Executive Officer
Interpretation
- "Authority"
- means the Australian Maritime Safety Authority;
- "Marine Orders"
-
means orders made under the Navigation Act, the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 or the Protection of the Sea (Powers and Intervention) Act 1981;
- "Navigation Act"
- means the Navigation Act 1912;
- "Office of the Authority"
- means the nearest office of the Authority at which a surveyor is stationed;
- "Officer"
- means an employee of the Authority or a person engaged by the Authority to perform a service and includes a surveyor appointed under section 190 of the Navigation Act.
- "Shipping Registration Act"
- means the Shipping Registration Act 1981.
Date of effect
This Determination shall come into effect on 1 February 2001.
Fees or charges for the implementation of regulatory and other safety functions and the shipping registration office
Payment of Fees
-
A fee is payable by the person requesting the Authority to perform a service, or, where there is no request, by the person for whose benefit the service is performed.
-
For the purposes of paragraph 1, in the case of an inspection or survey to determine whether a ship is seaworthy or substandard, or equipment or cargo complies with a provision of the Regulations or Marine Orders, then the master, owner or agent is deemed to be the person for whose benefit these services are performed.
Times Fees are Payable
-
The fee or charge specified or referred to in column 2 of an item in the Schedule is payable in respect of the service specified opposite thereto in Column 1 of that item, by or on behalf of the person specified in paragraph 1 of this determination.
Variable Fees and Charges
-
Where a service is requested by a person and that service is not listed in Schedule 1, then the charge for that service shall be determined on the basis of the hourly rate of charge, plus other expenses incurred in relation to the provision of that service.
Hourly Rate
-
Where an amount payable to the Authority for provision of a service is calculated in accordance with the hourly rate of charge, that rate shall be the sum of $185 per hour, calculated on the basis of each fully or partially completed half-hour. A minimum charge of $95 should be applied for all services charged on the basis of the hourly rate.
-
Where a service is provided on the basis of the hourly rate of charge, the fee payable for that service shall also include an amount that reflects reasonable expenses (apart from travelling time, travelling costs and waiting time that are covered by the additional charges specified in paragraphs 9, 11, 12, and 13 of this determination) that have been, or are expected to be, incurred by the Authority in providing the service in question.
-
Where a fee payable in relation to a requested service is based on the hourly rate of charge, the person requesting the service may, prior to the commencement of the service, request an estimate of the total charges expected to be applicable for the service in question.
-
Where a service is requested by a person and the fee is to be determined on the basis of the hourly rate of charge, plus other expenses incurred, and the Authority considers that the complexity of the requested service is such that it is not initially possible to make a reasonably accurate estimate of the likely cost of providing the service, the Authority may, with the agreement of the person requesting the service, charge a fee, based on the hourly rate of charge, for undertaking an initial assessment of the complexity of the requested service for the purposes of determining a reasonably accurate estimate of the total cost of the service in question.
Any such assessment fee shall be of an amount as agreed between the Authority and the person requesting the service.
Charge for Waiting Time
-
Where:
an officer is available at the time and place appointed for the performance of a service, but is compelled for any reason outside the control of the officer to wait for a period in excess of half an hour after the appointed time before the service can be commenced; and/or
an officer is performing a service and the service is interrupted on one or more occasions for any reason outside the control of the officer and the officer is compelled to wait for a total period in excess of half an hour before the service can be continued; and/or
an officer who has performed a service is compelled for any reason outside the control of the officer to wait for a period in excess of half an hour at the place where the service was performed;
waiting time is payable, calculated at the hourly rate for each one tenth of an hour or part thereof of the total time that the officer was required to wait in relation to the service in question.
Charge for Cancellation
-
If, at the request of a person, an officer is required to perform a service and the request for the service is cancelled before the service can be completed, there is payable by the person a fee of $185, plus a sum calculated in accordance with the hourly rate as specified in paragraph 5 of this determination in respect of the time already applied to the work in question, together with any other expenses relating to the service in question, including, if applicable, a charge for waiting time, calculated in accordance with paragraph 9 of this determination, up to the time that the officer was advised of the cancellation of the request for the service and, if applicable, a charge for travel costs, calculated in accordance with paragraphs 11, 12 and 13 of this determination.
Charge for Travel to Location of Service
-
If, in the performance of a service subject to a fee in accordance with paragraph 1 of this determination, an officer proceeds to a location other than where he is normally stationed, an additional fee will be payable, of an amount reasonably relating to the Authority's costs incurred in the officer's return travel for that location, including the time of the officer involved, chargeable at the hourly rate specified in paragraph 5 of this determination, whether or not the proposed service is completed.
-
Where a vessel in relation to which a service is to be performed is not alongside a berth; travel time is payable, calculated at the hourly rate, for the time taken to travel from the shore to the vessel and to return to the shore.
-
Where an individual vessel is involved in the delivery of more than one service during a visit on an individual occasion, the travel charge calculated under paragraphs 11 or 12 should be applied once only in relation to those services.
Recovery of charges
-
For the purposes of this Determination, the Authority may issue an invoice or make a demand to a person in relation to a liability in respect of a charge under this determination.
-
Where an invoice is duly issued or a demand made, the amount of the charge is due and payable commencing on the day of the making of the demand or, where an invoice is issued, on the first day of the month after the month in which the liability is incurred.
Payment in Advance
-
Where the fee payable is a fixed amount or is determined by a fixed rate of charge, other than the hourly rate, the Authority may request payment in advance of the performance of the service in question. The fee is payable at the time that the request for the service is made.
-
Where a fee is payable based on the hourly rate of charge, the Authority may request progress payments, on a basis agreed with the person requesting the service, upon the completion of agreed proportions of the estimated total hours needed to complete the service. The fee is payable from the date on which the progress or final payment is sought.
Recovery of Overdue Monies Owed
- Where a fee payable is not paid, the amount of the fee is recoverable from the person liable for the charge as a debt due to the Authority.
Penalty Interest on Overdue Monies Owed
-
Where the liability of a person to pay a charge under the Act is not discharged within one month after the day on which the charge became due and payable, that person is liable to pay to the Authority by way of penalty, in addition to the amount of that charge, an amount calculated upon the amount of that charge or penalty remaining unpaid at the rate of 1.5% for each month or part of a month for which that amount is unpaid, to be computed from the day on which that charge became due and payable and compounded.
Schedule of Fees
| Service | Fee or Charge |
|---|---|
| SHIP DESIGN AND PERFORMANCE | |
| Tonnage Measurements | |
| Provision of copies of tonnage measurement calculations | The Hourly Rate |
| Other services in relation to tonnage measurements | The Hourly Rate |
| INSPECTIONS OF SHIPS AND EQUIPMENT | |
| Life Saving Equipment | |
| Inspection for approval of life-raft servicing depot | $740 |
| Re-issue of certificate of approval | $370 |
| Inspection of inflatable life raft during or after servicing, when not carried out as part of the annual survey of a ship. | The Hourly Rate |
| Loading and Unloading Equipment (Marine Orders Part 32) | |
| Inspection of a ship, materials handling equipment or loading or unloading arrangements in relation to a ship - for second and subsequent visits. | The Hourly Rate |
| Survey for the issue or re-issue of a safety radio certificate. | |
| Survey for the initial issue or reissue of a certificate | The Hourly Rate |
| Port State Control and Flag State Control Inspections | |
| Second and subsequent visits | The Hourly Rate |
| Other Surveys or Inspections of Ships and Equipment | |
| Services or inspections of ships and equipment not listed above | The Hourly Rate |
| OTHER INSPECTIONS | |
| Grain (Marine Orders Part 33) | |
| Assessment of proposed grain loading | $185 |
| Subsequent inspections or services | The Hourly Rate |
| Solid Bulk Cargoes (Marine Orders Part 34) | |
| Second and subsequent visits. | The Hourly Rate |
| Dangerous Goods (Marine Orders Part 41) | |
| All chargeable services in relation to dangerous goods | The Hourly Rate |
| Livestock (Marine Orders Part 43) | |
| Ship Inspections and other services in relation to the transportation of livestock, including inspections and services in relation to the issue or endorsement of an Australian Certificate for the Carriage of Livestock. | The Hourly Rate |
| Service | Fee or Charge |
|---|---|
| Containers | |
| Inspection of containers for authorisation to load or unload where container is unsafe or overloaded or lacking a valid safety certificate plate or after expiry of the examination date. | The Hourly Rate |
| Miscellaneous Inspections | |
| All inspections not listed above that are compulsory, or are requested by the recipient, or are follow-up inspections to confirm that corrective action has been taken. | The Hourly Rate |
| SERVICES TO SEAFARERS | |
| Examinations and Assessments | |
| Assessment of Sea Service | $185 |
| Oral Examination for Certificate of Competency | $370 |
| Revalidation of a Certificate of Competency | $93 |
| Endorsements to a Certificate of Competency | $93 |
| Application for STCW endorsement | $93 |
| Assessment of marine qualifications for immigration purposes | $185 |
| Initial issue of a coastal pilots licence | $185 |
| Reissue of a coastal pilots licence | $93 |
| Certificates | |
| Initial issue of a certificate of competency | $127 |
| Issue of a replacement copy of a certificate | same as for issue |
| Issue of a Certificate of Proficiency | $93 |
| Initial issue of GMDSS Competency Certificate | $93 |
| Revalidation of GMDSS Competency Certificate | $93 |
| Processing application for approval as Medical Inspector of Seamen | $185 |
| Issue of a replacement copy of a certificate of medical fitness | $20 |
| Additional charge for faxing a copy of a certificate | $15 |
| Service | Fee or Charge |
|---|---|
| REGISTRATION OF SHIPS | |
| Applications for Registration or Re-registration | |
| Processing application for registration of a ship required to be registered by the Shipping Registration Act | $1195 |
| Processing application for registration of a ship, other than an Australian owned ship, on demise charter to an Australian Based Operator | $1953 |
| Processing application for registration of a ship permitted to be registered by Shipping Registration Act, other than a foreign-owned ship on demise charter to an Australian-based operator | $799 |
| Grant of Certificates | |
| Processing of application for grant of provisional registration certificate or new registration certificate under section 21 of the Act | $95 |
| Processing of application for grant of provisional registration certificate under sections 22 or 22A of the Act | $155 |
| Processing of Application for extension of period of currency of a provisional certificate | $82 |
| Processing of application for grant of temporary pass | $155 |
| Processing of application for grant of certificate of entitlement to fly the Australian National flag or red ensign | $82 |
| Supply of deletion certificate | $50 |
| Administrative Services | |
| Processing of application for exemption from registration | $308 |
| Processing request for change of name of registered ship | $82 |
| Processing request for change of home port of registered ship | $82 |
| Processing of request for extension of time for lodging documents | $82 |
| Additional charge if documents are requested to be sent to the applicant by an additional method of transmission. | $21 |
| Other Services relating to Registration of Ships | as per estimate |
| Inspections and Searches | |
| Inspection of Register of ships | $21 |
| Search by staff of Australian Shipping Registration Office of register - for each period of 15 minutes or part thereof | $21 |
| Supply of certified extract of the Register or of a document forming part of or associated with the Register | $41 |
| Supply of a certified copy of Register entry | $21 |
| Supply of certified copy of documents forming part of or associated with the Register, for each page | $21 |
| Mortgages and Related Matters | |
| Processing documents for registration of transfer, transmission, mortgage, transfer of mortgage or transmission of mortgage in relation to a ship required by the Shipping Registration Act to be registered | $416 |
| Processing documents for registration of transfer, transmission, mortgage, transfer of mortgage or transmission of mortgage in relation to a ship on demise charter to an Australian based operator other than an Australian-owned Ship. | $686 |
| Processing documents for registration of transfer, transmission, mortgage, transfer of mortgage or transmission of mortgage in relation to a ship permitted by the Shipping Registration Act to be registered, other than a foreign-owned ship on demise charter to an Australian-based operator | $250 |
| Processing of documents for the registration of a discharge of mortgage | $82 |
| Processing of the lodgement of a caveat | $153 |
| Service |
Fee or Charge |
|---|---|
|
OTHER SERVICES |
|
|
Section 8A or Section 8AA Declarations |
|
| Issue of a declaration under Section 8A or Section 8AA of the Navigation Act |
$100 |
|
Miscellaneous |
|
| Any service not elsewhere listed in this determination |
The Hourly Rate |
| Fee payable in respect of a service which is cancelled by the recipient prior to completion, in addition to payment for time already applied to the task, at the hourly rate, and other expenses incurred in relation to the service in question. Note: Application of the Goods and Services Tax The Treasurer has exempted from the Goods and Services Tax:
Accordingly, the fees and charges for specific services listed in this Determination exclude the GST. Certain miscellaneous services provided by AMSA would be subject to the goods and services tax if outside of the range of services exempted from this tax. In such cases the 10% GST would be added to any charges calculated in accordance with this document, taking the GST-inclusive hourly rate of charge to $203.50. |
$185 |
last updated: June 2001