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This is a Bill, not an Act. For current law, see the Acts databases.
EMERGENCY ASSISTANCE FUND FOR THE LOWER LAKES AND COORONG REGION OF SOUTH AUSTRALIA BILL 2008
2008
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Emergency Assistance Fund for the
Lower Lakes and Coorong Region of
South Australia Bill 2008
(Dr Nelson)
A Bill for an Act concerning the provision of
emergency assistance for the communities of the
Lower Lakes and Coorong region of South
Australia
i Emergency Assistance Fund for the Lower Lakes and Coorong Region of
South Australia Bill 2008
Contents
1
Short title ............................................................................................ 1
2
Commencement .................................................................................. 1
3
Objects of Act ..................................................................................... 1
4
Interpretation....................................................................................... 1
5
Guidelines for the scheme .................................................................. 2
6
Priorities for assistance ....................................................................... 2
7
Consultation ........................................................................................ 2
8
Responsibility of Minister .................................................................. 3
9
Secretary to have responsibility for administration of scheme........... 3
10
Payment not to be made unless in accordance with
guidelines ............................................................................................ 3
11
Principles of administration ................................................................ 3
12
Regulations ......................................................................................... 4
Emergency Assistance Fund for the Lower Lakes and Coorong Region of South
Australia Bill 2008
1
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A Bill for an Act concerning the provision of
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emergency assistance for the communities of the
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Lower Lakes and Coorong region of South
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Australia
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The Parliament of Australia enacts:
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1 Short title
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This Bill may be cited as the Emergency Assistance Fund for the
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Lower Lakes and Coorong Region of South Australia Bill 2008.
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2 Commence ment
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This Act commences on the day on which it receives the Royal
16
Assent.
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3 Objects of Act
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The objects of this Act are to make provision for emergency
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funding by the Commonwealth to assist the communities in the
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Lower Lakes and Coorong region of South Australia.
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4 Inte rpretation
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In this Act, unless the contrary intention appears:
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the Minister means the Minister for Climate Change and Water.
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the scheme means the scheme known as the Lower Lakes and
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Coorong Assistance Scheme.
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Section 5
2 Emergency Assistance Fund for the Lower Lakes and Coorong Region of South Australia
Bill 2008
the Secretary means the Secretary, Department of the
1
Environment, Water, Heritage and the Arts.
2
5 Guidelines for the scheme
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(1) As soon as practicable after the commencement of this Act the
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Minister must, by instrument in writing, determine guidelines for
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the operation of the scheme.
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(2) Guidelines determined under subsection (1) must contain details on
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the eligibility requirements to be satisfied by a person or an
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organisation in order to receive assistance under the scheme.
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(3) An instrument determining guidelines under subsection (1) is a
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legislative instrument for the purposes of the Legislative
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Instruments Act 2003.
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6 Priorities for assistance
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The guidelines determined under section (5) must ensure that the
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need to provide immediate practical assistance to local people,
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local business, local communities and local wildlife suffering due
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to the devastation of the Lower Lakes and Coorong economy is
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recognised, and that due regard is had to:
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(a) the needs of the local community, small business, tourism
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operators, the fishing industry and farmers, and
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(b) the need to provide special support for the protection of
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wildlife and flora in the region.
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7 Consultation
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(1) The Minister must, for the purposes of this Act, consult with
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representatives of:
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(a) local government;
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(b) community or welfare organisations;
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(c) local environmental groups;
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(d) small business, including tourism operators;
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(e) farmers;
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(f) the fishing industry; and
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Section 8 Responsibility of Minister
Emergency Assistance Fund for the Lower Lakes and Coorong Region of South
Australia Bill 2008 3
(g) any other relevant individuals or bodies.
1
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(2) Consultation under subsection (1) must take place:
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(a) before guidelines are determined for the purposes of section
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5; and
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(b) twice each year after the commencement of the scheme.
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8 Responsibility of Minister
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The Minister is to have general responsibility for the operation of
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the plan and, in particular for:
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(a) determining guidelines as required by section (5), and
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(b) in the event of disallowance of guidelines, determining
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replacement guidelines so as to ensure that there is no time
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when the scheme is not in operation.
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9 Secretary to have responsibility for administration of scheme
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The Secretary is to have general responsibility for the
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administration of the scheme.
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10 Payment not to be made unless in accordance with guidelines
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A payment must not be made in relation to the scheme unless the
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requirements of the guidelines made under section 5 have been
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satisfied in respect of the payment.
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11 Principles of administration
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In administrating this Act, the Secretary is to have regard to the
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necessity of ensuring that:
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(a) payments for the purposes of the scheme are made only in
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accordance with guidelines determined under section 5;
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(b) information about the operation of the scheme is made available to
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members of the public in the region; and
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Section 12
4 Emergency Assistance Fund for the Lower Lakes and Coorong Region of South Australia
Bill 2008
(c) procedures and practices established under or for the purposes of
1
this Act and for the operation of the scheme help to minimise
2
abuses of the scheme.
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12 Regulations
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The Governor-General may make regulations prescribing matters:
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(a)
required or permitted by this Act to be prescribed; or
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(b)
necessary or convenient to be prescribed for carrying out or giving
7
effect to this Act.
8