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This is a Bill, not an Act. For current law, see the Acts databases.
2022
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Ozone Protection and Synthetic
Greenhouse Gas (Import Levy)
Amendment Bill 2022
No. , 2022
(Climate Change, Energy, the Environment and Water)
A Bill for an Act to amend the Ozone Protection and
Synthetic Greenhouse Gas (Import Levy) Act 1995,
and for related purposes
No. , 2022
Ozone Protection and Synthetic Greenhouse Gas (Import Levy)
Amendment Bill 2022
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act
1995
3
No. , 2022
Ozone Protection and Synthetic Greenhouse Gas (Import Levy)
Amendment Bill 2022
1
A Bill for an Act to amend the Ozone Protection and
1
Synthetic Greenhouse Gas (Import Levy) Act 1995,
2
and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
Ozone Protection and Synthetic Greenhouse Gas
6
(Import Levy) Amendment Act 2022
.
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
Ozone Protection and Synthetic Greenhouse Gas (Import Levy)
Amendment Bill 2022
No. , 2022
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
At the same time as Schedule 1 to the
Ozone
Protection and Synthetic Greenhouse Gas
Management Reform (Closing the Hole in
the Ozone Layer) Act 2022
commences.
However, the provisions do not commence
at all if that Schedule 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
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Amendments
Schedule 1
No. , 2022
Ozone Protection and Synthetic Greenhouse Gas (Import Levy)
Amendment Bill 2022
3
Schedule 1--Amendments
1
2
Ozone Protection and Synthetic Greenhouse Gas (Import
3
Levy) Act 1995
4
1 Title
5
Omit "
,
ODS equipment
".
6
2 Section 2A (heading)
7
Omit "
Definition
", substitute "
Definitions
".
8
3 Section 2A
9
Insert:
10
amount
includes a nil amount.
11
Management Act
means the
Ozone Protection and Synthetic
12
Greenhouse Gas Management Act 1989
.
13
Manufacture Levy Act
means the
Ozone Protection and Synthetic
14
Greenhouse Gas (Manufacture Levy) Act 1995
.
15
4 Section 3
16
Repeal the section, substitute:
17
3 Interpretation
18
(1) An expression used in this Act has the same meaning in this Act as
19
it has in the Management Act.
20
(2) Without limiting subsection (1), section 9 (references to scheduled
21
substances and equipment) of the Management Act applies in
22
relation to this Act in the same way as that section applies in
23
relation to the Management Act.
24
(3) In determining for the purposes of this Act whether a licence
25
allows the licensee to carry out an activity, disregard any
26
suspension of the licence.
27
Schedule 1
Amendments
4
Ozone Protection and Synthetic Greenhouse Gas (Import Levy)
Amendment Bill 2022
No. , 2022
Note:
For the effect of a licence suspension, see subsection 19D(4) of the
1
Management Act.
2
5 At the end of subsection 3A(1)
3
Add:
4
Note:
This subsection applies only in relation to the import of SGGs that are
5
bulk scheduled substances (see subsection 3(2) of this Act and
6
subsection 9(1) of the Management Act). For SGG equipment
7
imported under an equipment licence, see section 4A of this Act.
8
6 Subsection 3A(2)
9
Omit "circumstances that are prescribed for the purposes of
10
subsection 13(3) of the
Ozone Protection and Synthetic Greenhouse
11
Gas Management Act 1989
", substitute "circumstances, or for a
12
purpose, prescribed for the purposes of subsection 13AA(2) of the
13
Management Act".
14
7 Subsection 3A(5)
15
Repeal the subsection.
16
8 Subsection 3A(7) (definition of prescribed rate)
17
Repeal the definition, substitute:
18
prescribed rate
means the amount prescribed by the regulations for
19
the purposes of this definition.
20
9 Subparagraph 3A(9)(b)(iii)
21
Omit "equipment prescribed for the purposes of paragraph 8D(1)(c) of
22
the
Ozone Protection and Synthetic Greenhouse Gas Management Act
23
1989
", substitute "equipment of a kind prescribed for the purposes of
24
paragraph 13(4)(a) or (6)(a) of the Management Act".
25
10 Subparagraph 3A(9)(b)(iv)
26
Repeal the subparagraph.
27
11 Subsections 3A(12) and (13)
28
Repeal the subsections, substitute:
29
(12) The Minister may, by writing, delegate the Minister's power under
30
subsection (9) to:
31
Amendments
Schedule 1
No. , 2022
Ozone Protection and Synthetic Greenhouse Gas (Import Levy)
Amendment Bill 2022
5
(a) the Secretary; or
1
(b) an SES employee or acting SES employee in the Department;
2
or
3
(c) an APS employee who holds, or is acting in, an Executive
4
Level 2, or equivalent, position in the Department.
5
Note:
Sections 34AA to 34A of the
Acts Interpretation Act 1901
contain
6
provisions relating to delegations.
7
(13) In exercising a delegated power, the delegate must comply with
8
any written directions of the Minister.
9
(14) Before the Governor-General makes regulations for the purposes of
10
a provision mentioned in column 1 of an item in the following
11
table, the Minister must be satisfied of the matter, or one or more
12
of the matters, mentioned in column 2 of that item.
13
14
Matters the Minister must be satisfied of before regulations are made
Item
Column 1
Provision
Column 2
Matters
1
subsection (3)
(a) that it would be impracticable to impose
levy on the import of an SGG that is to be
used for a purpose to be prescribed by
those regulations; or
(b) that a purpose to be prescribed by those
regulations is a medical, veterinary, health
or safety purpose
2
the definition of
prescribed rate
in
subsection (7)
that the effect of this Act and the Manufacture
Levy Act will be to recover no more than the
Commonwealth's likely costs of the kind
mentioned in paragraph 65D(a), (b), (c) or (ca)
of the Management Act, being costs that are
unlikely to be offset by fees charged under the
Management Act or regulations made under it
3
subparagraph (9)(b)(v)
(a) that it would be impracticable to require
payment of levy imposed on the import of
an SGG that is to be used for a purpose to
be prescribed by those regulations; or
(b) that a purpose to be prescribed by those
regulations is a medical, veterinary, health
or safety purpose
Schedule 1
Amendments
6
Ozone Protection and Synthetic Greenhouse Gas (Import Levy)
Amendment Bill 2022
No. , 2022
12 Subsection 4(1)
1
Omit "at the rate prescribed by the regulations".
2
13 At the end of subsection 4(1)
3
Add:
4
Note:
This subsection applies only in relation to the import of scheduled
5
substances (other than SGGs) that are bulk scheduled substances (see
6
subsection 3(2) of this Act and subsection 9(1) of the Management
7
Act).
8
14 Subsection 4(2)
9
Repeal the subsection.
10
15 Subsection 4(5)
11
Repeal the subsection (including the note), substitute:
12
(5) The amount of levy imposed by subsection (1) on a licensee in
13
respect of the import of a substance other than an SGG in a
14
reporting period is the amount prescribed, or worked out in
15
accordance with a method prescribed, by the regulations for the
16
purposes of this subsection.
17
(6) Before the Governor-General makes regulations for the purposes of
18
subsection (5), the Minister must be satisfied that the effect of this
19
Act and the Manufacture Levy Act will be to recover no more than
20
the Commonwealth's likely costs of the kind mentioned in
21
paragraph 65D(a), (b), (c) or (ca) of the Management Act.
22
(7) For the purposes of subsection (6), disregard any costs that are
23
likely to be offset by fees charged under the Management Act or
24
regulations made under it.
25
16 Subsections 4A(2) and (3)
26
Repeal the subsections, substitute:
27
(2) Subsection (1) does not apply to the import of SGG equipment
28
prescribed by the regulations.
29
(3) Subsection (1) does not apply to the import of SGG equipment if:
30
Amendments
Schedule 1
No. , 2022
Ozone Protection and Synthetic Greenhouse Gas (Import Levy)
Amendment Bill 2022
7
(a) the equipment contains an SGG and the import is covered by
1
the low volume imports exemption under
2
subsection 13AA(4) of the Management Act; or
3
(b) the import is covered by any of subsections 13AA(6) to (9)
4
of that Act (which provide exceptions in certain
5
circumstances from the prohibitions in that Act that apply to
6
importing equipment).
7
17 Subsection 4A(5) (definition of prescribed rate)
8
Repeal the definition, substitute:
9
prescribed rate
means the amount prescribed by the regulations for
10
the purposes of this definition.
11
18 Subsections 4A(8) and (9)
12
Repeal the subsection, substitute:
13
(8) Before the Governor-General makes regulations for the purposes of
14
a provision mentioned in column 1 of an item in the following
15
table, the Minister must be satisfied of the matter, or one or more
16
of the matters, mentioned in column 2 of that item:
17
18
Matters the Minister must be satisfied of before regulations are made
Item
Column 1
Provision
Column 2
Matters
1
definition of
prescribed
rate
in
subsection (5)
that the effect of this Act and the Manufacture
Levy Act will be to recover no more than the
Commonwealth's likely costs of the kind
mentioned in paragraph 65D(a), (b), (c) or (ca)
of the Management Act, being costs that are
unlikely to be offset by fees charged under the
Management Act or regulations made under it
2
subsection (7)
(a) that it would be impracticable to work out
an amount of levy by reference to an SGG
that is used, or for use, for a purpose to be
prescribed by those regulations; or
(b) that a purpose to be prescribed by those
regulations is a medical, veterinary, health
or safety purpose
Schedule 1
Amendments
8
Ozone Protection and Synthetic Greenhouse Gas (Import Levy)
Amendment Bill 2022
No. , 2022
19 Sections 4B and 5
1
Repeal the sections, substitute:
2
5 Regulations
3
The Governor-General may make regulations prescribing matters:
4
(a) required or permitted by this Act to be prescribed by the
5
regulations; or
6
(b) necessary or convenient to be prescribed for carrying out or
7
giving effect to this Act.
8
20 Application and saving provisions
9
(1)
The amendments made by this Schedule apply in relation to reporting
10
periods that start on or after the commencement of this item.
11
(2)
The
Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act
12
1995
, as in force immediately before the commencement of this item,
13
continues to apply in relation to reporting periods starting before that
14
commencement.
15
(3)
Regulations made under section 5 of the
Ozone Protection and
16
Synthetic Greenhouse Gas (Import Levy) Act 1995
, that were in force
17
immediately before the commencement of this item, continue in force
18
(subject to subitem (4)), and may be dealt with, as if they had been
19
made under section 5 of that Act, as amended by this Schedule.
20
(4)
Regulations made for the purposes of a provision of the
Ozone
21
Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995
22
mentioned in column 1 of an item in the following table, that were in
23
force immediately before the commencement of this item, continue in
24
force (and may be dealt with) as if they had been made for the purposes
25
of the provision of that Act mentioned in column 2 of that item, as
26
amended by this Schedule.
27
28
Saving of regulations
Item
Column 1
Old provision
Column 2
New provision
1
paragraph (b) of the definition of
prescribed rate
in subsection 3A(7)
the definition of
prescribed rate
in
subsection 3A(7)
Amendments
Schedule 1
No. , 2022
Ozone Protection and Synthetic Greenhouse Gas (Import Levy)
Amendment Bill 2022
9
Saving of regulations
Item
Column 1
Old provision
Column 2
New provision
2
subsection 4(1)
subsection 4(5)
3
paragraph 4A(2)(b)
subsection 4A(2)
4
paragraph (b) of the definition of
prescribed rate
in subsection 4A(5)
the definition of
prescribed rate
in
subsection 4A(5)
1