Document ID: chunk:federal_register_of_legislation:C2024C00828:section:687
Version: federal_register_of_legislation:C2024C00828
Segment Type: section
Provision Reference: s 687
Character Range: 1807797–1810177

687  Safety case levy

Remittal or refund
 (1) The regulations may make provision for the remittal or refund of part of an amount of safety case levy imposed by the Regulatory Levies Act in respect of a facility and a year if:
 (a) the facility is of a kind declared by the regulations to be a facility that operates on an intermittent basis; and
 (b) the facility in fact only operates for a part of that year.
 (2) The regulations may make provision for the remittal or refund of part of an amount of safety case levy imposed by the Regulatory Levies Act in respect of a facility and a part of a year if:
 (a) the facility is of a kind declared by the regulations to be a facility that operates on an intermittent basis; and
 (b) the facility in fact only operates for a part of that part of the year.

When safety case levy becomes due and payable
 (3) Safety case levy imposed by the Regulatory Levies Act becomes due and payable at the time specified in, or worked out in accordance with, the regulations.

Late payment penalty
 (4) If safety case levy payable by a person under the Regulatory Levies Act remains wholly or partly unpaid after it becomes due and payable, the person is liable to pay a late payment penalty under this section.
 (5) The late payment penalty is calculated at the rate of 0.333333% per day on the amount of the safety case levy remaining unpaid.
 (6) NOPSEMA may remit the whole or a part of an amount of late payment penalty if NOPSEMA considers that there are good reasons for doing so.

Recovery of safety case levy and late payment penalty
 (7) Each amount of safety case levy, and each amount of late payment penalty payable in respect of safety case levy:
 (a) is a debt due to NOPSEMA on behalf of the Commonwealth; and
 (b) is recoverable by NOPSEMA, on behalf of the Commonwealth, in:
 (i) the Federal Court; or
 (ii) the Federal Circuit and Family Court of Australia (Division 2); or
 (iii) a court of a State or Territory that has jurisdiction in relation to the matter.

Definitions
 (8) In this section:
facility:
 (a) in relation to safety case levy imposed by section 7 of the Regulatory Levies Act—has the same meaning as in that section; or
 (b) in relation to safety case levy imposed by section 8 of the Regulatory Levies Act—has the same meaning as in that section.
year has the same meaning as in the Regulatory Levies Act.