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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020-2021
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Fuel Security (Consequential and
Transitional Provisions) Bill 2021
No. , 2021
(Industry, Science, Energy and Resources)
A Bill for an Act to deal with consequential and
transitional matters arising from the enactment of
the
Fuel Security Act 2021
, and for related purposes
No. , 2021
Fuel Security (Consequential and Transitional Provisions) Bill 2021
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Consequential amendments
4
Part 1--Main consequential amendments
4
Competition and Consumer Act 2010
4
Fuel Quality Standards Act 2000
4
Petroleum and Other Fuels Reporting Act 2017
4
Taxation Administration Act 1953
9
Part 2--Consequential amendments relating to the Federal
Circuit and Family Court of Australia Act 2021
10
Fuel Security Act 2021
10
Schedule 2--Transitional provisions
12
No. , 2021
Fuel Security (Consequential and Transitional Provisions) Bill 2021
1
A Bill for an Act to deal with consequential and
1
transitional matters arising from the enactment of
2
the
Fuel Security Act 2021
, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
Fuel Security (Consequential and Transitional
6
Provisions)
Act 2021
.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Fuel Security (Consequential and Transitional Provisions) Bill 2021
No. , 2021
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1,
Part 1
At the same time as the
Fuel Security Act
2021
commences.
However, the provisions do not commence
at all if that Act does not commence.
3. Schedule 1,
Part 2
The later of:
(a) immediately after the commencement of
the
Federal Circuit and Family Court of
Australia Act 2021
; and
(b) immediately after the commencement of
the
Fuel Security Act 2021
.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
4. Schedule 2
At the same time as the
Fuel Security Act
2021
commences.
However, the provisions do not commence
at all if that Act does not commence.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
No. , 2021
Fuel Security (Consequential and Transitional Provisions) Bill 2021
3
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
Schedule 1
Consequential amendments
Part 1
Main consequential amendments
4
Fuel Security (Consequential and Transitional Provisions) Bill 2021
No. , 2021
Schedule 1--Consequential amendments
1
Part 1--Main consequential amendments
2
Competition and Consumer Act 2010
3
1 At the end of subsection 95ZPA(1)
4
Add "or the
Fuel Security Act 2021
".
5
Fuel Quality Standards Act 2000
6
2 After subparagraph 67A(b)(ii)
7
Insert:
8
(iia) the
Fuel Security Act 2021
; or
9
Petroleum and Other Fuels Reporting Act 2017
10
3 At the end of section 3
11
Add:
12
; (d) to support the implementation of the
Fuel Security Act 2021
.
13
4 Subsection 5(1)
14
Insert:
15
affected
: see subsection 13C(2).
16
5 Subsection 5(1) (at the end of paragraph (a) of the
17
definition of
fuel information
)
18
Add:
19
(iii) the holding (within the meaning of section 19 of the
20
Fuel Security Act 2021
) of stocks of covered products
21
that are MSO products (within the meaning of that Act);
22
or
23
6 Subsection 5(1) (at the end of the definition of
holding
24
stock
)
25
Add:
26
Consequential amendments
Schedule 1
Main consequential amendments
Part 1
No. , 2021
Fuel Security (Consequential and Transitional Provisions) Bill 2021
5
Note:
See also subsection (4).
1
7 Subsection 5(1) (paragraphs (a), (b) and (c) of the definition
2
of
protected information
)
3
After "this Act", insert ", the
Fuel Security Act 2021
".
4
8 At the end of section 5
5
Add:
6
(4) A person is taken to be
holding stock
of a covered product that is
7
an MSO product within the meaning of the
Fuel Security Act 2021
8
if the person holds stocks of that product within the meaning of
9
section 19 of that Act.
10
9 Subsection 11(4) (at the end of note 2)
11
Add "There is also a civil penalty for persons providing false or
12
misleading information in relation to the
Fuel Security Act 2021
(see
13
section 13A of this Act).".
14
10 At the end of Part 2
15
Add:
16
13A Civil penalty for false or misleading information relating to
17
Fuel Security Act 2021
18
A person must not, in a report under section 11, provide
19
information that:
20
(a) relates to:
21
(i) whether a regulated entity that is subject to the
22
minimum stockholding obligation under the
Fuel
23
Security Act 2021
is complying with section 7 of that
24
Act; or
25
(ii) whether fuel security services payment is payable to a
26
constitutional corporation under the
Fuel Security Act
27
2021
; and
28
(b) is false or misleading in a material particular, or omits a
29
matter or thing without which the information is misleading
30
in a material particular.
31
Civil penalty:
300 penalty units.
32
Schedule 1
Consequential amendments
Part 1
Main consequential amendments
6
Fuel Security (Consequential and Transitional Provisions) Bill 2021
No. , 2021
13B Compliance audits relating to the
Fuel Security Act 2021
1
(1) The rules may make provision in relation to the auditing of
2
compliance with section 11, so far as that section relates to the
3
giving of reports that relate to:
4
(a) MSO activities undertaken in relation to MSO products by
5
regulated entities; or
6
(b) the refining of FSSP fuels.
7
(2) Without limiting subsection (1), rules made for the purposes of that
8
subsection may do any of the following:
9
(a) empower the Secretary to require an audit to be conducted;
10
(b) prescribe matters to which an audit may relate or be required
11
by the Secretary to relate;
12
(c) prescribe persons who are authorised to conduct audits;
13
(d) require reports of audits to accompany reports given under
14
section 11 or otherwise be given to the Secretary.
15
(3) The following expressions used in subsection (1)
have the same
16
meaning as in the
Fuel Security Act 2021
:
17
(a) FSSP fuels;
18
(b) MSO activity;
19
(c) MSO product;
20
(d) regulated entity.
21
13C Duty to provide reasonable facilities and assistance for audit
22
(1) A person affected by an audit required to be conducted under rules
23
made for the purposes of subsection 13B(1) must provide the
24
person conducting the audit (the
audit team leader
), and any
25
person assisting the audit team leader in the conduct of the audit,
26
with all reasonable facilities and assistance necessary for the
27
effective exercise of the audit team leader's duties in relation to the
28
audit.
29
Civil penalty:
250 penalty units.
30
(2) A person is
affected
by an audit if the person is any of the
31
following:
32
(a) the person being audited;
33
Consequential amendments
Schedule 1
Main consequential amendments
Part 1
No. , 2021
Fuel Security (Consequential and Transitional Provisions) Bill 2021
7
(b) if the audit relates to compliance with section 11 so far as
1
that section relates to the giving of reports that relate to MSO
2
activities undertaken in relation to MSO products by a
3
regulated entity:
4
(i) the regulated entity; or
5
(ii) if the regulated entity has an Australian controlling
6
corporation--the Australian controlling corporation; or
7
(iii) any entity in possession of stocks of an MSO product
8
that are held (within the meaning of section 19 of the
9
Fuel Security Act 2021
) by the regulated entity;
10
(c) if the audit relates to compliance with section 11 so far as
11
that section relates to the giving of reports that relate to the
12
refining of FSSP fuels by a constitutional corporation--the
13
constitutional corporation.
14
(3) The following expressions used in subsection (2)
have the same
15
meaning as in the
Fuel Security Act 2021
:
16
(a) FSSP fuels;
17
(b) MSO activity;
18
(c) MSO product;
19
(d) regulated entity.
20
13D Duty to comply with requirements in relation to report of audit
21
(1) A person who is required to give the Secretary a report under
22
section 11 must comply with any rules prescribed for the purposes
23
of subsection 13B(1) requiring a report of an audit to accompany
24
the report under section 11.
25
Civil penalty:
250 penalty units.
26
(2) A person who is required by any rules prescribed for the purposes
27
of subsection 13B(1) to give a report of an audit to the Secretary
28
must give the report of the audit to the Secretary in accordance
29
with the rules.
30
Civil penalty:
250 penalty units.
31
11 Section 14 (paragraph beginning
"Fuel information")
32
Repeal the paragraph, substitute:
33
Schedule 1
Consequential amendments
Part 1
Main consequential amendments
8
Fuel Security (Consequential and Transitional Provisions) Bill 2021
No. , 2021
Fuel information is raw data or value added information product
1
that relates to covered activities, or to the quantity, quality or
2
characteristics of covered products, or to the holding (within the
3
meaning of the
Fuel Security Act 2021
) of certain covered
4
products. Fuel information includes metadata describing such data,
5
and contextual information.
6
12 At the end of section 21
7
Add:
8
Note:
The powers, functions and duties of entrusted persons are not limited
9
to those conferred or imposed by this Act.
10
13 At the end of subsection 31(1)
11
Add "or the
Fuel Security Act 2021
".
12
14 After subsection 33(1)
13
Insert:
14
Related provisions
15
(1A) For the purposes of Part 2 of the Regulatory Powers Act, as that
16
Act applies in relation to the information mentioned in
17
subsection (1), each of the following provisions is related to the
18
provision mentioned in subsection (1):
19
(a) a civil penalty provision of the
Fuel Security Act 2021
;
20
(b) a civil penalty provision of the
Fuel Quality Standards Act
21
2000
;
22
(c) an offence provision of the
Fuel Quality Standards Act 2000
.
23
15 Subsection 33(2) (heading)
24
Omit "
Related provisions, authorised
", substitute "
Authorised
".
25
16 Paragraph 33(2)(a)
26
Repeal the paragraph.
27
17 After paragraph 39(1)(c)
28
Insert:
29
Consequential amendments
Schedule 1
Main consequential amendments
Part 1
No. , 2021
Fuel Security (Consequential and Transitional Provisions) Bill 2021
9
(ca) rules made for the purposes of subsection 13B(1) (about
1
compliance audits relating to the
Fuel Security Act 2021
); or
2
Taxation Administration Act 1953
3
18 Subsection 355-65(8) in Schedule 1 (at the end of the cell
4
at table item 6A, column headed
"and the record or
5
disclosure ...
")
6
Add "or the
Fuel Security Act 2021
".
7
19 Application of amendments
8
Disclosure of information etc.
9
(1)
The amendment of the
Competition and Consumer Act 2010
made by
10
this Schedule applies in relation to disclosures of information made
11
after the commencement of this Schedule, whether the information was
12
obtained before or after that commencement.
13
(2)
The amendment of the
Fuel Quality Standards Act 2000
made by this
14
Schedule applies in relation to disclosures of information and
15
authorisations of disclosures of information made after the
16
commencement of this Schedule, whether the information was obtained
17
before or after that commencement.
18
(3)
The amendment of the
Taxation Administration Act 1953
made by this
19
Schedule applies in relation to records and disclosures of information
20
made after the commencement of this Schedule, whether the
21
information was obtained before or after that commencement.
22
Definition of holding stock
23
(4)
The amendments of the definition of
holding stock
in section 5 of the
24
Petroleum and Other Fuels Reporting Act 2017
made by this Schedule
25
apply on and after 1 July 2022.
26
Schedule 1
Consequential amendments
Part 2
Consequential amendments relating to the Federal Circuit and Family Court of
Australia Act 2021
10
Fuel Security (Consequential and Transitional Provisions) Bill 2021
No. , 2021
Part 2--Consequential amendments relating to the
1
Federal Circuit and Family Court of Australia
2
Act 2021
3
Fuel Security Act 2021
4
20 Paragraph 50(5)(b)
5
Repeal the paragraph, substitute:
6
(b) the Federal Circuit and Family Court of Australia
7
(Division 2); or
8
21 Paragraph 54(4)(b)
9
Repeal the paragraph, substitute:
10
(b) the Federal Circuit and Family Court of Australia
11
(Division 2); or
12
22 Subparagraph 60(4)(e)(ii)
13
Repeal the subparagraph, substitute:
14
(ii) the Federal Circuit and Family Court of Australia
15
(Division 2);
16
23 Subparagraph 61(3)(e)(ii)
17
Repeal the subparagraph, substitute:
18
(ii) the Federal Circuit and Family Court of Australia
19
(Division 2);
20
24 Paragraph 62(3)(b)
21
Repeal the paragraph, substitute:
22
(b) the Federal Circuit and Family Court of Australia
23
(Division 2);
24
25 Paragraph 69(3)(b)
25
Repeal the paragraph, substitute:
26
(b) the Federal Circuit and Family Court of Australia
27
(Division 2);
28
Consequential amendments
Schedule 1
Consequential amendments relating to the Federal Circuit and Family Court of Australia
Act 2021
Part 2
No. , 2021
Fuel Security (Consequential and Transitional Provisions) Bill 2021
11
26 Paragraph 70(3)(b)
1
Repeal the paragraph, substitute:
2
(b) the Federal Circuit and Family Court of Australia
3
(Division 2);
4
Schedule 2
Transitional provisions
12
Fuel Security (Consequential and Transitional Provisions) Bill 2021
No. , 2021
Schedule 2--Transitional provisions
1
2
1 Definitions
3
In this Schedule:
4
Act
means the
Fuel Security Act 2021
.
5
rules
means rules made under section 84 of the Act.
6
2 Minimum stockholding obligation
7
(1)
For the purposes of the definition of
obligation day
in section 5 of the
8
Act, the rules must not prescribe a day that is before 1 July 2022.
9
(2)
For the purposes of paragraph 10(1)(b) of the Act, the rules may
10
prescribe a period commencing before the Act commences.
11
(3)
Section 30 of the Act applies to regulated entities after 30 June 2022.
12
(4)
Section 21 of the
Petroleum and Other Fuels Reporting Act 2017
, as it
13
applies in relation to entrusted persons exercising powers, or
14
performing functions or duties, as a result of the enactment of the
Fuel
15
Security Act 2021
, applies in relation to making records of, and using
16
and disclosing, information after the commencement of this Schedule:
17
(a) whether the information was obtained before or after that
18
commencement; and
19
(b) whether the information is derived from a record made, or a
20
use or disclosure of information, before or after that
21
commencement.
22
3 Fuel security services payment
23
(1)
Applications for fuel security services payment must not be made under
24
section 39 of the Act before rules are made for the purposes of
25
subsection (3) of that section.
26
(2)
Subitem (1) does not prevent applications being made under section 39
27
of the Act if rules made for the purposes of subsection (3) of that
28
section are repealed.
29
(3)
For the purposes of a determination under section 44 of the Act, the
30
Minister may have regard to any consultations undertaken whether
31
before or after the Act commenced.
32