Terms and Conditions of Use
In these Terms and Conditions ‘You’ means the individual who accesses the on-line levy payment system, and where that person does so as an agent, ‘You’ also includes the legal entity authorising the agent. ‘Us’ means the Australian Maritime Safety Authority.
Your obligations and responsibilities
It is your responsibility to pay all levies on time. You must ensure that sufficient credit is available on your nominated account to allow the levy payment to proceed. You should also ensure that the account details that you have provided to us are correct by checking against a recent statement from your financial institution. If a payment is declined, you will be responsible for any additional fees and charges imposed by your financial institution, and for any other implications that may arise from not paying levies on time.
If intending to pay by direct debit authority, you should first check with your financial institution whether direct debiting is available from your account as direct debiting is not available on all accounts. Please also check with your financial institution if you are unsure of your obligations under the Direct Debit Request explained below.
You agree that you will provide us with all information that we require to process your levy payment. This includes authorising us to obtain from and provide to the Australian Border Force (Border), our financial institution and your nominated financial institution all information that may reasonably be required to process or verify your levy payment.
If you are paying by direct debit authority, you request and authorise us to arrange through our financial institution a debit to your nominated account of the amount we have deemed payable through the bulk electronic clearance system. We will only arrange for funds to be debited from your account as authorised. The amount will be debited from your account through the bulk electronic clearance system on the night payment is due. If the debit day falls on a day that is not a banking day, we may direct your financial institution to debit your account on the following banking day. If you are unsure about which day your account has or will be debited you should ask your financial institution.
In the event that funds settlement is unsuccessful, we will make a second attempt to withdraw funds the following night. If the funds settlement remains unsuccessful after this second attempt, this will constitute a failure to pay the levy, which may result in Border refusing to give the vessel clearance to depart should your nominated vessels levies have expired.
For the purposes of this transaction, these Terms and Conditions will constitute the Direct Debit Request Service Agreement.
If you are paying by credit card, you agree to pay 1% of the levy total amount card issuer transaction fee for the use of this service.
Upon confirmation of payment through this on-line service, AMSA will issue to you a payment notification receipt via email.
For Australian coastal vessels, AMSA Form 186 (levy receipt) will be issued in addition to the payment notification receipt at the time of payment, with updated levy validity periods, for each vessel for which levies have been paid.
For international vessels, the levy receipt will be issued with updated levy expiry dates, upon AMSA receiving confirmation of vessel arrival information from Border, for each vessel for which levies have been paid. The levy receipt(s) will be issued via email separately from the payment notification email, if confirmed arrival information for the vessel has not been received prior to payment.
The validity period will be as shown on the levy receipt, and may not necessarily correspond with the date of payment. If you are paying a levy for an international vessel arriving in an Australian Port, the levy receipt will be issued to you with a levy validity period that will correspond with the vessel’s arrival date when this date is confirmed by Border.
Presentation of either receipt type issued by AMSA - the Form 186 (levy receipt) or the payment notification receipt - will provide sufficient proof of payment for use in the Border vessel clearance procedure. A print out of the AMSA issued receipt(s) will be deemed an original copy of evidence of payment of the relevant levy.
It is your responsibility as the person paying the levy to ensure that the Master of the relevant vessel holds or has access to a copy of an AMSA issued receipt(s).
If we receive a payment from you for a coastal vessel during a quarter in which a levy is not due, it will be applied in advance for the next levy due date and we will update the levy expiry dates and issue a levy receipt accordingly.
If we receive a payment from you for an international vessel for a quarter when a levy is not due, it will be applied in advance for the next levy due date and the levy expiry date will be updated accordingly upon confirmation of the next confirmed vessel arrival date. A corresponding levy receipt will be issued at this time.
Refunds and disputes
If you believe that a payment has been initiated incorrectly, we encourage you to take the matter up directly with us by contacting our Levy Collection Officers via the contact details displayed on this website. Alternatively, you can discuss the matter with your financial institution.
In the event of a disputed payment, we will refer to our records to determine if a payment has been received. Our records of payment will take precedence in all instances of disputed payments.
If we agree that your account has been incorrectly debited, we will respond to your query in writing and arrange payment for the amount in dispute.
If we conclude that your account has not been incorrectly debited, we will respond to your query by providing you with written reasons and our evidence for this finding.
AMSA will also provide a refund if required to do so under the provisions of the Levy Collection Acts or any other law.
Warranties and indemnity
We expressly disclaim all conditions and warranties, explicit or implied, in respect of the provision of this online levy payment service. If any condition or warranty is implied into these terms and conditions pursuant to any legislation, and the legislation avoids or prohibits provisions in a contract excluding or modifying the application of, or exercise of, or any liability under such conditions or warranty, the conditions or warranty will be deemed to be included in these terms and conditions, provided that our liability for breach shall, if the law so permits, be limited in our sole discretion to the re-supply of the services, and otherwise will be limited to the maximum extent permitted by law.
We will not at any time, in any circumstances, be liable for any loss or damage whatsoever including but not limited to any loss of data, loss of savings, loss of business, loss of profit, or any other direct, indirect, special or consequential damage, in each case whether arising from negligence, breach of contract, breach of statutory duty or otherwise which is in any way connected with or arises out of your use of the service.
Without limiting our rights as provided by the above two paragraphs, AMSA and its employees, contractors and agents will not be liable for any failure to perform obligations if such failure arises from such circumstances reasonably beyond our control.
We will not be responsible for delays or failures in accessing the online levy payment service or processing of transactions, or for transactions being declined, or as a result of our or your financial institution delaying or failing to implement any instructions.
We will endeavour to process all transactions without delay, but expressly disclaim any and all liability for any processing delays, or the consequences of any processing delays, which may occur in any circumstance, whether beyond our reasonable control or otherwise.
We may vary or add to these terms and conditions at any time. You cannot vary these terms and conditions. If you use the online levy payment service these terms and conditions are deemed to be implied into your use of the service. Your use of the service after any changes to these terms and conditions will constitute acceptance that you are bound by the terms and conditions as amended.