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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Motor Vehicle Standards (Cheaper
Transport) Bill 2014
No. , 2014
(Senator Milne)
A Bill for an Act to set carbon emissions standards
for new passenger vehicles and light commercial
vehicles, and for related purposes
No. , 2014
Motor Vehicle Standards (Cheaper Transport) Bill 2014
i
Contents
Part 1--Preliminary
1
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Definitions ......................................................................................... 2
Part 2--Vehicle carbon emissions standard
4
4
Vehicle carbon emissions standard .................................................... 4
Part 3--Vehicle carbon emissions charge
5
Division 1--Vehicle carbon emissions charge
5
5
Liability to charge .............................................................................. 5
6
Amount of charge .............................................................................. 5
Division 2--Payment of charge and penalty for late payment of
charge
7
7
When charge becomes due for payment ............................................ 7
8
Penalty for late payment of charge .................................................... 7
9
Remission of late-payment penalty .................................................... 7
10
Manner of payment ............................................................................ 8
11
Recovery of unpaid charge and late-payment penalty ....................... 8
12
Refund of overpayment of charge or late-payment penalty ............... 8
Division 3--Information gathering
9
13
Annual return to Regulator ................................................................ 9
14
Authorised officers' powers to seek information ............................... 9
15
Offences in relation to returns etc. ................................................... 10
16
Conduct by directors, employees and agents ................................... 11
Division 4--Miscellaneous
13
17
Agreement for collecting charge and late-payment penalty ............. 13
Part 4--Miscellaneous
14
18
Agreements etc. by Commonwealth authorities .............................. 14
19
Review ............................................................................................. 14
20
Regulations ...................................................................................... 14
No. , 2014
Motor Vehicle Standards (Cheaper Transport) Bill 2014
1
A Bill for an Act to set carbon emissions standards
1
for new passenger vehicles and light commercial
2
vehicles, and for related purposes
3
The Parliament of Australia enacts:
4
Part 1--Preliminary
5
6
1 Short title
7
This Act may be cited as the Motor Vehicle Standards (Cheaper
8
Transport) Act 2014.
9
Part 1 Preliminary
Section 2
2
Motor Vehicle Standards (Cheaper Transport) Bill 2014
No. , 2014
2 Commencement
1
This Act commences on the day after this Act receives the Royal
2
Assent.
3
3 Definitions
4
In this Act:
5
Australia does not include:
6
(a) the Territory of Christmas Island; or
7
(b) the Territory of Cocos (Keeling) Islands.
8
authorised officer has the meaning given by subsection 14(3).
9
charge means vehicle carbon emissions charge imposed as such by
10
any other Act.
11
chargeable vehicles, sold by a person in a year, means the vehicles
12
to which the motor vehicle emissions standard applies in the year
13
in relation to the person (see section 4).
14
Commonwealth authority means a corporation established for a
15
public purpose by a law of the Commonwealth.
16
director, in relation to a body corporate incorporated for a public
17
purpose by a law of the Commonwealth, of a State or of a
18
Territory, means:
19
(a) a constituent member of the body; or
20
(b) if the body does not have any members--a member of the
21
board or other group of persons responsible for the
22
administration or management of the affairs of the body.
23
Finance Minister means the Minister administering the Public
24
Governance, Performance and Accountability Act 2013.
25
import has the meaning given by the Motor Vehicle Standards Act
26
1989.
27
late-payment penalty means the penalty mentioned in section 8.
28
light commercial vehicle:
29
Preliminary Part 1
Section 3
No. , 2014
Motor Vehicle Standards (Cheaper Transport) Bill 2014
3
(a) has the meaning given by the regulations; or
1
(b) if the regulations do not give a definition--means a road
2
motor vehicle categorised as NA by the Australian Design
3
Rule - Definitions and Vehicle Categories, as in force at the
4
commencement of this Act.
5
manufacture has the meaning given by the Motor Vehicle
6
Standards Act 1989.
7
new vehicle has the meaning given by the Motor Vehicle Standards
8
Act 1989.
9
offence against this Act includes an offence against:
10
(a) section 6 of the Crimes Act 1914; or
11
(b) section 11.1, 11.4 or 11.5 of the Criminal Code;
12
that relates to an offence against this Act.
13
passenger vehicle:
14
(a) has the meaning given by the regulations; or
15
(b) if the regulations do not give a definition--means a road
16
motor vehicle categorised as LA, LB, LC, LD, LE, MA, MB
17
or MC in the Australian Design Rule - Definitions and
18
Vehicle Categories, as in force at the commencement of this
19
Act.
20
Regulator means the Clean Energy Regulator.
21
road motor vehicle has the meaning given by the Motor Vehicle
22
Standards Act 1989.
23
specific emissions of CO
2
means the CO
2
emissions of a road
24
motor vehicle measured in accordance with the regulations.
25
vehicle carbon emissions standard has the meaning given by
26
section 4.
27
Part 2 Vehicle carbon emissions standard
Section 4
4
Motor Vehicle Standards (Cheaper Transport) Bill 2014
No. , 2014
Part 2--Vehicle carbon emissions standard
1
2
4 Vehicle carbon emissions standard
3
(1) The vehicle carbon emissions standard is:
4
(a) in 2017, 2018, 2019 and 2020--130g CO
2
/ km; and
5
(b) in later years--95g CO
2
/ km.
6
Application of standard
7
(2) The vehicle carbon emissions standard applies in 2017 or a later
8
year, in relation to a person, to the passenger vehicles and light
9
commercial vehicles the person:
10
(a) manufactures in Australia or imports into Australia; and
11
(b) sells as new vehicles during the year;
12
if the person sells 1,000 or more such vehicles as new vehicles
13
during the year.
14
(3) However, the standard does not apply to all of those vehicles if the
15
year is mentioned in an item of the following table. Instead, it
16
applies to only the percentage of those vehicles mentioned in that
17
item (being the percentage with the lowest specific emissions of
18
CO
2
).
19
20
Vehicles to which standard applies in phase-in years
Item
Column 1
Year
Column 2
Percentage of vehicles
1
2017
70%
2
2018
80%
3
2019
90%
4
2021
80%
5
2022
90%
Vehicle carbon emissions charge Part 3
Vehicle carbon emissions charge Division 1
Section 5
No. , 2014
Motor Vehicle Standards (Cheaper Transport) Bill 2014
5
Part 3--Vehicle carbon emissions charge
1
Division 1--Vehicle carbon emissions charge
2
5 Liability to charge
3
A person must pay the charge for a year if:
4
(a) the mean specific emissions of CO
2
of the chargeable
5
vehicles the person sells in the year exceeds the vehicle
6
carbon emissions standard; and
7
(b) any conditions prescribed by the regulations are satisfied.
8
6 Amount of charge
9
(1) The amount of the charge the person must pay for the year is the
10
amount worked out using the following formula multiplied by the
11
number of chargeable vehicles the person sells in the year, if the
12
mean specific emissions of CO
2
of the vehicles exceeds the
13
standard by more than 3g CO
2
/ km:
14
(2) The amount of the charge the person must pay for the year is the
15
amount worked out using the following formula multiplied by the
16
number of chargeable vehicles the person sells in the year, if the
17
mean specific emissions of CO
2
of the vehicles exceeds the
18
standard by more than 2g CO
2
/ km but no more than 3g CO
2
/ km:
19
(3) The amount of the charge the person must pay for the year is the
20
amount worked out using the following formula multiplied by the
21
number of chargeable vehicles the person sells in the year, if the
22
mean specific emissions of CO
2
of the vehicles exceeds the
23
standard by more than 1g CO
2
/ km but no more than 2g CO
2
/ km:
24
(4) The amount of the charge the person must pay for the year is the
25
amount worked out using the following formula multiplied by the
26
Part 3 Vehicle carbon emissions charge
Division 1 Vehicle carbon emissions charge
Section 6
6
Motor Vehicle Standards (Cheaper Transport) Bill 2014
No. , 2014
number of chargeable vehicles the person sells in the year, if the
1
mean specific emissions of CO
2
of the vehicles exceeds the
2
standard by no more than 1g CO
2
/ km:
3
Vehicle carbon emissions charge Part 3
Payment of charge and penalty for late payment of charge Division 2
Section 7
No. , 2014
Motor Vehicle Standards (Cheaper Transport) Bill 2014
7
Division 2--Payment of charge and penalty for late
1
payment of charge
2
7 When charge becomes due for payment
3
Charge becomes due for payment in accordance with the
4
regulations.
5
8 Penalty for late payment of charge
6
(1) If charge payable by a person remains unpaid after it has become
7
due for payment, the person is liable to pay (in addition to the
8
charge) a prescribed penalty on the unpaid amount of charge,
9
calculated from the day the charge became due for payment, and
10
compounded.
11
(2) The regulations must not prescribe a penalty exceeding the
12
equivalent of 1.5% of the amount of unpaid charge for each month
13
or part of a month during which it is unpaid.
14
(3) Subsection (2) does not require the penalty to be calculated on a
15
monthly basis.
16
(4) The fact that a judgement is entered or given in a court for the
17
payment of charge, or of a composite amount that includes charge,
18
does not of itself cause the charge to stop being unpaid for the
19
purposes of subsection (1).
20
(5) If the judgement debt bears interest, the penalty payable under
21
subsection (1) is reduced by the following amount:
22
9 Remission of late-payment penalty
23
(1) If late-payment penalty is payable in relation to charge for a year,
24
the Regulator may remit some or all of the late-payment penalty in
25
the circumstances prescribed the by regulations.
26
Part 3 Vehicle carbon emissions charge
Division 2 Payment of charge and penalty for late payment of charge
Section 10
8
Motor Vehicle Standards (Cheaper Transport) Bill 2014
No. , 2014
(2) The person who is liable to pay the penalty may apply to the
1
Administrative Appeals Tribunal for review of a decision of the
2
Regulator.
3
10 Manner of payment
4
Charge and late-payment penalty must be paid in the manner
5
prescribed by the regulations.
6
11 Recovery of unpaid charge and late-payment penalty
7
Unpaid charge and related late-payment penalty may be recovered
8
as a debt in any court of competent jurisdiction by the Regulator
9
suing on behalf of the Commonwealth.
10
12 Refund of overpayment of charge or late-payment penalty
11
(1) An amount of charge or late-payment penalty that is overpaid by a
12
person may be credited against a liability of the person to pay
13
charge or late-payment penalty, and must be refunded to the extent
14
that it is not credited.
15
(2) Payments for the purposes of subsection (1) are to be met from
16
funds appropriated by the Parliament for those purposes.
17
Vehicle carbon emissions charge Part 3
Information gathering Division 3
Section 13
No. , 2014
Motor Vehicle Standards (Cheaper Transport) Bill 2014
9
Division 3--Information gathering
1
13 Annual return to Regulator
2
(1) A person who sells chargeable vehicles in a year must give a
3
written return for the year to the Regulator.
4
(2) The person must give the return to the Regulator by the day
5
prescribed by the regulations.
6
(3) The return must be in the form approved by the Regulator. Any
7
information that the approved form requires to be provided to the
8
Regulator must be information that relates to this Act.
9
(4) The Regulator must, by the day prescribed by the regulations,
10
publish on its website, for each person that gives to the Regulator a
11
return under this section for a year:
12
(a) the mean specific emissions of CO
2
of the chargeable
13
vehicles; and
14
(b) any other information prescribed by the regulations.
15
(5) For the purposes of the Clean Energy Regulator Act 2011, this Act
16
is treated as being a climate change law.
17
14 Authorised officers' powers to seek information
18
(1) An authorised officer may give a person a written notice requiring
19
the person:
20
(a) to give the authorised officer specified information on
21
matters relevant to the operation of this Act within a
22
reasonable time specified in the notice; and
23
(b) to verify the information by statutory declaration.
24
(2) The Regulator may authorise an officer in writing for the purposes
25
of this section.
26
(3) In this Act:
27
authorised officer means any of the following authorised by the
28
Regulator for the purposes of this section:
29
Part 3 Vehicle carbon emissions charge
Division 3 Information gathering
Section 15
10
Motor Vehicle Standards (Cheaper Transport) Bill 2014
No. , 2014
(a) a member of the staff of the Regulator;
1
(b) a person assisting the Regulator under section 37 of the
2
Clean Energy Regulator Act 2011;
3
(c) an officer, member or employee of a Commonwealth
4
authority.
5
15 Offences in relation to returns etc.
6
(1) A person must not fail to give information or a return that the
7
person is required to give under this Act or the regulations.
8
Penalty: 60 penalty units.
9
(2) Subsection (1) does not apply if the person has a reasonable
10
excuse.
11
Note:
A defendant bears an evidential burden in relation to the matter in
12
subsection (2) (see subsection 13.3(3) of the Criminal Code).
13
(3) The offence created by subsection (1) is an offence of strict
14
liability.
15
Note:
For strict liability, see section 6.1 of the Criminal Code.
16
(4) A person is not excused from giving a return or information on the
17
ground that the information, or giving the return, might tend to
18
incriminate the person. However, any information or return given,
19
and any information or thing (including any document) obtained as
20
a direct or indirect consequence of the giving of the return or
21
information, is not admissible in evidence against the person in:
22
(a) criminal proceedings other than proceedings for an offence
23
against subsection (1) or (5); or
24
(b) proceedings for recovery of an amount of late-payment
25
penalty.
26
(5) A person commits an offence if:
27
(a) the person presents a document, makes a statement or gives a
28
return or information to a person carrying out functions under
29
this Act; and
30
(b) the document, statement, return or information is false or
31
misleading in a material particular.
32
Vehicle carbon emissions charge Part 3
Information gathering Division 3
Section 16
No. , 2014
Motor Vehicle Standards (Cheaper Transport) Bill 2014
11
Penalty for an offence against this subsection: Imprisonment for 12
1
months.
2
16 Conduct by directors, employees and agents
3
(1) Subject to subsection (2), in proceedings against a body corporate
4
for an offence against this Act:
5
(a) any conduct engaged in by a director, employee or agent of
6
the body corporate within the actual or apparent scope of his
7
or her employment or within his or her actual or apparent
8
authority is taken to have been engaged in also by the body
9
corporate; and
10
(b) it is taken to be established that conduct (the relevant
11
conduct) was engaged in by the body corporate if it is
12
proved:
13
(i) that the directors of the body corporate engaged in the
14
relevant conduct or expressly, tacitly or impliedly
15
authorised or permitted the relevant conduct to be
16
engaged in; or
17
(ii) that an employee or agent of the body corporate with
18
duties of such responsibility that his or her conduct may
19
fairly be assumed to represent the policy of the body
20
corporate engaged in the relevant conduct or expressly,
21
tacitly or impliedly authorised or permitted the relevant
22
conduct to be engaged in.
23
(2) Subparagraph (1)(b)(ii) does not apply if the body corporate proves
24
that it exercised due diligence to prevent the relevant conduct.
25
(3) Subject to subsection (4), in proceedings against an individual for
26
an offence against this Act:
27
(a) any conduct engaged in by an employee or agent of the
28
individual within the actual or apparent scope of his or her
29
employment or within his or her actual or apparent authority
30
is taken to have been engaged in also by the individual; and
31
(b) it is taken to be established that conduct (the relevant
32
conduct) was engaged in by the individual knowingly if it is
33
proved that an employee or agent of the individual with
34
duties of such responsibility that his or her conduct may
35
Part 3 Vehicle carbon emissions charge
Division 3 Information gathering
Section 16
12
Motor Vehicle Standards (Cheaper Transport) Bill 2014
No. , 2014
fairly be assumed to represent the policy of the individual
1
knowingly engaged in the relevant conduct or expressly,
2
tacitly or impliedly authorised or permitted the relevant
3
conduct to be engaged in.
4
(4) Paragraph (3)(b) does not apply if the individual proves that he or
5
she exercised due diligence to prevent the relevant conduct.
6
(5) If:
7
(a) an individual is convicted of an offence against this Act; and
8
(b) the individual would not have been convicted of the offence
9
if subsections (3) and (4) had not been enacted;
10
the individual is not liable to be punished by imprisonment for the
11
offence.
12
(6) A reference in this section to engaging in conduct includes a
13
reference to failing or refusing to engage in conduct.
14
Vehicle carbon emissions charge Part 3
Miscellaneous Division 4
Section 17
No. , 2014
Motor Vehicle Standards (Cheaper Transport) Bill 2014
13
Division 4--Miscellaneous
1
17 Agreement for collecting charge and late-payment penalty
2
(1) On behalf of the Commonwealth, the Finance Minister may enter
3
into an agreement with a Commonwealth authority for the receipt
4
or custody of charge or late-payment penalty on behalf of the
5
Commonwealth.
6
(2) The Finance Minister may delegate his or her power under
7
subsection (1) to an SES employee or acting SES employee. The
8
delegation must be in writing.
9
(3) In exercising the delegated power, the delegate is subject to any
10
directions given by the Finance Minister.
11
Part 4 Miscellaneous
Section 18
14
Motor Vehicle Standards (Cheaper Transport) Bill 2014
No. , 2014
Part 4--Miscellaneous
1
2
18 Agreements etc. by Commonwealth authorities
3
A Commonwealth authority may:
4
(a) enter into, and give effect to, an agreement under this Act; or
5
(b) exercise a power delegated under this Act;
6
whether or not the authority's powers and functions (apart from
7
this section) include matters covered by the agreement or
8
delegation.
9
19 Review
10
(1) The Climate Change Authority must conduct a review of:
11
(a) the operation of this Act; and
12
(b) whether the vehicle carbon emissions standard should be
13
amended with effect from 2024.
14
(2) The Minister must cause a written report of the review to be laid
15
before each House of the Parliament before 1 January 2021.
16
(3) If the report sets out one or more recommendations to the
17
Commonwealth Government:
18
(a) the Minister must cause to be prepared a statement setting out
19
the Commonwealth Government's response to each of the
20
recommendations; and
21
(b) the Minister must cause copies of the statement to be tabled
22
in each House of the Parliament before 1 July 2021.
23
20 Regulations
24
(1) The Governor-General may make regulations prescribing matters:
25
(a) required or permitted by this Act to be prescribed; or
26
(b) necessary or convenient to be prescribed for carrying out or
27
giving effect to this Act.
28
Miscellaneous Part 4
Section 20
No. , 2014
Motor Vehicle Standards (Cheaper Transport) Bill 2014
15
(2) The matters that may be prescribed under subsection (1) include,
1
but are not limited to:
2
(a) requiring manufacturers or importers of road motor vehicles
3
to make and keep records of their sales of vehicles; and
4
(b) requiring manufacturers or importers of road motor vehicles
5
to give returns or information for the purposes of this Act;
6
and
7
(c) rules of procedure in proceedings for recovery of charge or
8
late-payment penalty; and
9
(d) prescribing penalties, not exceeding a fine of 10 penalty
10
units, for offences against the regulations.
11
Measurement of specific emissions of CO
2
12
(3) The Minister must take all reasonable steps to cause regulations for
13
the purposes of the definition of specific emissions of CO
2
in
14
section 3 to be made within 6 months after the commencement of
15
this Act.
16