Section 26: Charges and Levies

(1) Subject to this section, the Agency may make determination imposing charges and specifying the persons by whom, and the times when, such charges are payable.
(2) The charge or levy may include:
(a) a charge for a service or facility provided by the Agency ;
(b) a fee or other charge in respect of a matter in relation to which expenses are incurred by the Agency under this Act or the regulations, including, but without being limited to, a fee or other charge in respect of, or for an application for:
(i) the grant, issue, renewal or variation of a certificate, license, approval, permission, permit, registration or exemption under an Act or regulation under an Act; or
(ii) the grant or variation of an authorization, or the cancellation, suspension, variation or imposition of a condition, relating to anything referred to in subparagraph (i);
(c) a fee in respect of a matter referred to in regulations or orders made under:
(i) the Merchant Shipping Act;
(ii) the Coastal and Inland Shipping (Cabotage) Act 2003 ; or
(iii) all Federal legislation on marine pollution, maritime labour, marine safety and maritime security.
(3) Before making a determination under subsection (1) of this section, the Agency shall give the Minister notice in writing of the proposed determination:
(a) specifying the day from which the determination is intended to operate; and
(b) if it fixes a charge or penalty- specifying the basis of the charge or penalty; and
(c) if it varies a charge or penalty-specifying the reason for the variation.
(4) The Minister may, within 30 days after receiving a notice of the proposed determination, give the Agency notice in writing approving or disapproving the proposed determination, but in doing so, the Minister shall have regard to the objectives and functions of the Agency.
(5) A notice under subsection (4) disapproving a proposed determination may recommend an alternative determination.
(6) The Agency shall make a determination under subsection (1) of this Section only if:
(a) the Minister has approved it ; or
(b) the period within which the Minister may give a notice to the Agency under subsection (4) has expired without the Minister having given such a notice.
(7) Subject to subsection (9), where a charge imposed under subsection (1) of this Section is not paid within the period determined by the Agency, being a period beginning on the day on which the charge became due and payable, the person liable for the charge is liable to pay to the Agency, in addition to the charge, a penalty calculated upon the unpaid amount of the charge from the day on which the charge became due payable, and compounded.
(8) The penalty shall not exceed an amount equivalent to the prescribed percentage of the unpaid amount of the charge for each day during which it remains unpaid, calculated from the day on which the charge became due and payable, and compounded.
(9) Unpaid charges and penalties may be recovered as debts due to the Agency.