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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Petroleum and Other Fuels Reporting
Bill 2017
No. , 2017
(Environment and Energy)
A Bill for an Act to provide for the reporting and
dissemination of information relating to petroleum,
other fuels and fuel-related products, and for
related purposes
No. , 2017
Petroleum and Other Fuels Reporting Bill 2017
i
Contents
Part 1--Preliminary
1
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Objects of this Act ............................................................................. 2
4
Simplified outline of this Act ............................................................ 3
5
Definitions ......................................................................................... 3
6
Meaning of commercial-in-confidence .............................................. 8
7
Act binds the Crown .......................................................................... 8
8
Offshore areas .................................................................................... 8
9
Concurrent operation of State and Territory laws .............................. 9
Part 2--Reports of fuel information
10
10
Simplified outline of this Part .......................................................... 10
11
Reports of fuel information to be given to the Secretary ................. 10
12
Extended application of section 11 .................................................. 12
13
Exceptions to duty to report ............................................................. 13
Part 3--Collection and publication of fuel information
15
14
Simplified outline of this Part .......................................................... 15
15
Collection of fuel information ......................................................... 15
16
Publication of fuel information ........................................................ 15
17
Severability--publication of fuel information ................................. 16
18
Other powers or functions not affected ............................................ 17
Part 4--Secrecy and disclosure
18
Division 1--Introduction
18
19
Simplified outline of this Part .......................................................... 18
Division 2--Secrecy
19
20
Secrecy ............................................................................................ 19
21
Exercising powers, or performing functions or duties, as an
entrusted person ............................................................................... 20
22
Recording and use of protected information in relation to the
publication of fuel information ........................................................ 20
23
Disclosure to the Minister ................................................................ 20
24
Disclosure to certain agencies, bodies or persons ............................ 21
25
Disclosure with consent ................................................................... 22
26
Disclosure of publicly available information ................................... 22
27
Disclosure to the person to whom the protected information
relates .............................................................................................. 23
ii
Petroleum and Other Fuels Reporting Bill 2017
No. , 2017
28
Disclosure to the person from whom the protected
information was obtained ................................................................ 23
29
Disclosure to a court, tribunal etc. ................................................... 23
30
Disclosure for purposes of law enforcement.................................... 23
Division 3--Disclosure
26
31
Disclosure of information to the Secretary ...................................... 26
Part 5--Compliance and enforcement
27
32
Simplified outline of this Part .......................................................... 27
33
Monitoring powers .......................................................................... 27
34
Appointment of authorised persons ................................................. 28
35
Civil penalty provisions ................................................................... 29
36
Infringement notices ........................................................................ 29
Part 6--Miscellaneous
31
37
Simplified outline of this Part .......................................................... 31
38
Treatment of trusts ........................................................................... 31
39
Delegations ...................................................................................... 32
40
Review of operation of this Act ....................................................... 32
41
Rules ................................................................................................ 33
No. , 2017
Petroleum and Other Fuels Reporting Bill 2017
1
A Bill for an Act to provide for the reporting and
1
dissemination of information relating to petroleum,
2
other fuels and fuel-related products, and for
3
related purposes
4
The Parliament of Australia enacts:
5
Part 1--Preliminary
6
7
1 Short title
8
This Act is the Petroleum and Other Fuels Reporting Act 2017.
9
Part 1 Preliminary
Section 2
2
Petroleum and Other Fuels Reporting Bill 2017
No. , 2017
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
3 Objects of this Act
13
The objects of this Act are the following:
14
(a) to assist the Commonwealth to monitor fuel security to aid
15
the Commonwealth to develop policy relating to the
16
prevention of, or preparation for, fuel supply disruptions or
17
potential disruptions;
18
(b) to assist the Commonwealth to give effect to Australia's
19
obligations under the Agreement, or under any other
20
international agreement to which Australia is a party relating
21
to:
22
(i) international energy security; or
23
(ii) the reporting of data relating to petroleum, other fuels or
24
fuel-related products;
25
(c) to facilitate the publication of information relating to
26
Australia's petroleum and other fuel markets.
27
Preliminary Part 1
Section 4
No. , 2017
Petroleum and Other Fuels Reporting Bill 2017
3
4 Simplified outline of this Act
1
This Act requires the reporting of certain information relating to
2
fuels and fuel-related products.
3
The Secretary may collect information relating to fuels and
4
fuel-related products. The Secretary may publish such information,
5
unless the information is likely to enable the identification of a
6
person or is commercial-in-confidence.
7
There are protections for sensitive information.
8
5 Definitions
9
(1) In this Act:
10
Agreement means the Agreement on an International Energy
11
Program, done at Paris on 18 November 1974.
12
Note:
The Agreement is in Australian Treaty Series 1979 No. 7 ([1979] ATS
13
7) and could in 2017 be viewed in the Australian Treaties Library on
14
the AustLII website (http://www.austlii.edu.au).
15
civil penalty provision has the same meaning as in the Regulatory
16
Powers Act.
17
commercial-in-confidence has the meaning given by section 6.
18
constitutional corporation means a corporation to which
19
paragraph 51(xx) of the Constitution applies.
20
constitutional trade and commerce means the following:
21
(a) trade or commerce between Australia and places outside
22
Australia;
23
(b) trade or commerce among the States;
24
(c) trade or commerce within a Territory, between a State and a
25
Territory or between 2 Territories.
26
covered activity means:
27
(a) producing a covered product; or
28
(b) refining a covered product; or
29
Part 1 Preliminary
Section 5
4
Petroleum and Other Fuels Reporting Bill 2017
No. , 2017
(c) wholesaling a covered product; or
1
(d) holding stock of a covered product; or
2
(e) importing a covered product; or
3
(f) exporting a covered product; or
4
(g) any other activity, in relation to a covered product, prescribed
5
by the rules for the purposes of this paragraph.
6
covered product means:
7
(a) crude oil; or
8
(b) condensate; or
9
(c) liquefied petroleum gas; or
10
(d) natural gas liquid; or
11
(e) gasoline; or
12
(f) diesel; or
13
(g) kerosene; or
14
(h) fuel oil; or
15
(i) heating oil; or
16
(j) naphtha; or
17
(k) compressed natural gas; or
18
(l) liquefied natural gas; or
19
(m) an oil, lubricant or grease; or
20
(n) paraffin wax; or
21
(o) a petroleum-based solvent; or
22
(p) petroleum coke; or
23
(q) bitumen; or
24
(r) biofuel; or
25
(s) hydrogen; or
26
(t) any other fuel prescribed by the rules for the purposes of this
27
paragraph; or
28
(u) any other fuel-related product prescribed by the rules for the
29
purposes of this paragraph.
30
entrusted person means:
31
(a) the Secretary; or
32
(b) an APS employee in the Department; or
33
(c) any other person employed or engaged by the Department.
34
Preliminary Part 1
Section 5
No. , 2017
Petroleum and Other Fuels Reporting Bill 2017
5
fuel means any product that produces energy through a chemical
1
reaction.
2
Note:
Examples of a fuel include petroleum, hydrogen and biofuel.
3
fuel information means:
4
(a) any raw data, or any value added information product, that
5
relates to:
6
(i) covered activities; or
7
(ii) the quantity, quality or characteristics of covered
8
products; or
9
(b) any metadata that describes data of a kind referred to in
10
paragraph (a);
11
and includes contextual information relating to covered products
12
(such as the location, control and ownership of covered products).
13
fuel-related product means a product that is not a fuel, but:
14
(a) is derived from a fuel; or
15
(b) is an input into or an output from the production or refining
16
of a fuel.
17
holding stock of a covered product means:
18
(a) keeping a covered product in storage (whether on land or at
19
sea), but does not include:
20
(i) storing a covered product in a service station, retail
21
store, personal vehicle, road tanker, rail tank car or
22
pipeline; or
23
(ii) keeping a covered product wholly or principally for
24
private or domestic use; or
25
(b) holding, in circumstances prescribed by the rules for the
26
purposes of this paragraph, a contractual right to take
27
possession of a covered product.
28
international energy security body means a body established
29
under:
30
(a) the Agreement; or
31
(b) any other agreement with one or more countries, to which
32
Australia is a party, relating to:
33
(i) international energy security; or
34
Part 1 Preliminary
Section 5
6
Petroleum and Other Fuels Reporting Bill 2017
No. , 2017
(ii) the reporting of data relating to petroleum, other fuels or
1
fuel-related products.
2
offence against this Act includes an offence against Chapter 7 of
3
the Criminal Code that relates to this Act.
4
offshore area, in relation to a State or Territory, has the same
5
meaning as in the Offshore Petroleum and Greenhouse Gas
6
Storage Act 2006.
7
person has a meaning affected by section 38.
8
personal information has the same meaning as in the Privacy Act
9
1988.
10
producing a covered product means recovering a covered product
11
through a process of extraction or otherwise creating a covered
12
product, but does not include refining a covered product.
13
protected information means fuel information that is personal
14
information, or fuel information that is commercial-in-confidence,
15
that:
16
(a) is obtained under, or in accordance with, this Act,
17
section 95ZPA of the Competition and Consumer Act 2010 or
18
subsection 355-65(8) in Schedule 1 to the Taxation
19
Administration Act 1953; or
20
(b) is derived from a record of personal information, or
21
information that is commercial-in-confidence, that was made
22
under, or in accordance with, this Act or a provision referred
23
to in paragraph (a); or
24
(c) is derived from a disclosure or use of personal information,
25
or information that is commercial-in-confidence, that was
26
made under, or in accordance with, this Act or a provision
27
referred to in paragraph (a).
28
Note:
For the meaning of commercial-in-confidence, see section 6.
29
refining a covered product means transforming a covered product
30
into another covered product, or recycling or re-refining a covered
31
product.
32
regulated entity means:
33
Preliminary Part 1
Section 5
No. , 2017
Petroleum and Other Fuels Reporting Bill 2017
7
(a) a constitutional corporation; or
1
(b) a trust, all of the trustees of which are constitutional
2
corporations; or
3
(c) a body corporate that is incorporated in a Territory; or
4
(d) a body corporate that is taken to be registered in a Territory
5
under section 119A of the Corporations Act 2001; or
6
(e) a trust, if the proper law of the trust and the law of the trust's
7
administration are the law of a Territory; or
8
(f) an entity, the core or routine activities of which are carried
9
out in or in connection with a Territory.
10
Regulatory Powers Act means the Regulatory Powers (Standard
11
Provisions) Act 2014.
12
rules means rules made under section 41.
13
Secretary means the Secretary of the Department.
14
statistical fuel information means fuel information that is
15
statistical information.
16
wholesaling a covered product means:
17
(a) entering a covered product for home consumption (within the
18
meaning of the Customs Act 1901 or the Excise Act 1901); or
19
(b) if a covered product is not subject to duty of excise or duty of
20
customs--removing the covered product from an import
21
terminal or domestic production facilities (such as a
22
refinery); or
23
(c) if another activity is prescribed by the rules for the purposes
24
of this paragraph for a kind of covered product--undertaking
25
that activity in relation to the kind of product.
26
(2) The rules must not prescribe a fuel for the purposes of
27
paragraph (t) of the definition of covered product in subsection (1)
28
unless the Minister is satisfied that prescribing the fuel will
29
promote the objects of this Act.
30
(3) The rules must not prescribe a fuel-related product for the purposes
31
of paragraph (u) of the definition of covered product in
32
subsection (1) unless the Minister is satisfied that prescribing the
33
Part 1 Preliminary
Section 6
8
Petroleum and Other Fuels Reporting Bill 2017
No. , 2017
product will assist the Commonwealth to give effect to Australia's
1
obligations, relating to the reporting of data relating to petroleum,
2
other fuels or fuel-related products, under:
3
(a) the Agreement; or
4
(b) any other agreement with one or more countries.
5
6 Meaning of commercial-in-confidence
6
Information is commercial-in-confidence if the Secretary is
7
satisfied that:
8
(a) release of the information would cause competitive detriment
9
to a person; and
10
(b) the information is not in the public domain; and
11
(c) the information is not required to be disclosed under another
12
law of the Commonwealth, a State or a Territory; and
13
(d) the information is not readily discoverable.
14
7 Act binds the Crown
15
(1) This Act binds the Crown in each of its capacities.
16
(2) This Act does not make the Crown liable to be:
17
(a) prosecuted for an offence; or
18
(b) subject to civil proceedings for a civil penalty order under
19
Part 4 of the Regulatory Powers Act; or
20
(c) given an infringement notice under Part 5 of the Regulatory
21
Powers Act.
22
8 Offshore areas
23
(1) This Act applies in relation to the offshore areas in respect of the
24
States and Territories as if references in this Act to Australia, when
25
used in a geographical sense, included references to the offshore
26
areas in respect of the States and Territories.
27
(2) The extended application given to this Act by subsection (1)
28
extends only in relation to:
29
Preliminary Part 1
Section 9
No. , 2017
Petroleum and Other Fuels Reporting Bill 2017
9
(a) acts, matters and things directly or indirectly connected with
1
exploration of, or exploitation of the natural resources of, the
2
continental shelf of Australia; and
3
(b) acts done by or in relation to, and matters, circumstances and
4
things affecting, a person who is in an offshore area for a
5
reason directly or indirectly connected with such exploration
6
or exploitation.
7
9 Concurrent operation of State and Territory laws
8
This Act does not exclude or limit the operation of a law of a State
9
or Territory that is capable of operating concurrently with this Act.
10
Part 2 Reports of fuel information
Section 10
10
Petroleum and Other Fuels Reporting Bill 2017
No. , 2017
Part 2--Reports of fuel information
1
2
10 Simplified outline of this Part
3
Reports must be given to the Secretary if certain activities (called
4
covered activities) are undertaken in relation to certain fuels and
5
fuel-related products (called covered products).
6
The rules may set out exceptions to the duty to report. The
7
Secretary may determine that a particular person is not required to
8
give a report in particular circumstances.
9
11 Reports of fuel information to be given to the Secretary
10
(1) This section applies if:
11
(a) a covered activity of a kind prescribed by the rules for the
12
purposes of this subsection is undertaken in relation to a
13
covered product of a kind prescribed by the rules in relation
14
to the covered activity for the purposes of this subsection;
15
and
16
(b) the covered activity is undertaken by a regulated entity; and
17
(c) the covered activity is undertaken in whichever of the
18
following circumstances is prescribed by the rules in relation
19
to the covered activity:
20
(i) in Australia;
21
(ii) outside Australia, in connection with business carried on
22
in Australia by the regulated entity.
23
(2) The person prescribed by the rules must give the Secretary a report
24
in accordance with this section.
25
Civil penalty:
250 penalty units.
26
(3) To avoid doubt, rules made for the purposes of subsection (2) may
27
prescribe more than one person who must give a report in relation
28
Reports of fuel information Part 2
Section 11
No. , 2017
Petroleum and Other Fuels Reporting Bill 2017
11
to the same kind of covered activity and the same kind of covered
1
product.
2
(4) A report under subsection (2) must:
3
(a) include the fuel information, in relation to the covered
4
activity or the covered product, that is prescribed by the
5
rules; and
6
(b) be given in the manner and form approved in writing by the
7
Secretary; and
8
(c) be given to the Secretary within the period prescribed by the
9
rules.
10
Note 1:
For variation and revocation, see subsection 33(3) of the Acts
11
Interpretation Act 1901.
12
Note 2:
A person may commit an offence if the person provides false or
13
misleading information or documents (see sections 137.1 and 137.2 of
14
the Criminal Code).
15
(5) Rules made for the purposes of paragraph (4)(a) may prescribe
16
different requirements for:
17
(a) different covered activities; or
18
(b) different covered products; or
19
(c) reports by different persons.
20
(6) Without limiting paragraph (4)(b), the Secretary may approve:
21
(a) electronic communication as a manner in which a report must
22
be given; or
23
(b) more than one manner for giving a report; or
24
(c) different forms for different covered activities, different
25
covered products or reports by different persons; or
26
(d) a single form for more than one report.
27
(7) Rules made for the purposes of paragraph (4)(c) may prescribe
28
different periods for:
29
(a) different covered activities; or
30
(b) different covered products; or
31
(c) reports by different persons.
32
(8) Subsections (5), (6) and (7) do not limit subsection 33(3A) of the
33
Acts Interpretation Act 1901.
34
Part 2 Reports of fuel information
Section 12
12
Petroleum and Other Fuels Reporting Bill 2017
No. , 2017
(9) A covered activity that is importing or exporting a covered product
1
is taken to be undertaken in Australia for the purposes of
2
subparagraph (1)(c)(i) if:
3
(a) for importing--the product is imported to Australia; or
4
(b) for exporting--the product is exported from Australia.
5
12 Extended application of section 11
6
(1) Without limiting the effect of section 11 apart from this section,
7
section 11 also has effect as provided by this section.
8
(2) To avoid doubt, no subsection of this section limits the operation of
9
any other subsection of this section.
10
Census and statistics power
11
(3) Section 11 also has the effect it would have if:
12
(a) each reference in subsection 11(1) to a regulated entity
13
included a reference to a person who is not a regulated entity;
14
and
15
(b) the reference in paragraph 11(4)(a) to fuel information were
16
expressly confined to a reference to statistical fuel
17
information.
18
External affairs power
19
(4) Section 11 also has the effect it would have if:
20
(a) each reference in subsection 11(1) to a regulated entity
21
included a reference to a person who is not a regulated entity;
22
and
23
(b) the reference in paragraph 11(4)(a) to fuel information were
24
expressly confined to fuel information that is necessary to
25
give effect to Australia's rights or obligations under:
26
(i) the Agreement; or
27
(ii) any other agreement with one or more countries.
28
(5) Section 11 also has the effect it would have if:
29
Reports of fuel information Part 2
Section 13
No. , 2017
Petroleum and Other Fuels Reporting Bill 2017
13
(a) each reference in subsection 11(1) to a regulated entity
1
included a reference to a person who is not a regulated entity;
2
and
3
(b) subparagraph 11(1)(c)(i) were omitted.
4
Trade and commerce power
5
(6) Section 11 also has the effect it would have if:
6
(a) each reference in subsection 11(1) to a regulated entity
7
included a reference to a person who is not a regulated entity;
8
and
9
(b) the following paragraph were added at the end of that
10
subsection:
11
"; and (d) the covered activity is undertaken in the course of or in
12
relation to constitutional trade and commerce.".
13
13 Exceptions to duty to report
14
Exceptions prescribed by the rules
15
(1) Subsection 11(2) does not apply in the circumstances prescribed by
16
the rules.
17
Note:
A person bears an evidential burden in relation to the matter in this
18
subsection (see section 96 of the Regulatory Powers Act).
19
(2) Without limiting subsection (1), the rules must prescribe that
20
subsection 11(2) does not apply in circumstances relating to a
21
threshold or thresholds prescribed by, or worked out in accordance
22
with, the rules.
23
Exemptions by the Secretary
24
(3) Subsection 11(2) does not apply to a particular person, in relation
25
to a particular kind of covered activity and a particular kind of
26
covered product, if the Secretary:
27
(a) is satisfied that, in all the circumstances, it is not appropriate
28
for that subsection to apply to the person in relation to the
29
covered activity and the covered product; and
30
(b) makes a written determination to that effect.
31
Part 2 Reports of fuel information
Section 13
14
Petroleum and Other Fuels Reporting Bill 2017
No. , 2017
Note:
A person bears an evidential burden in relation to the matter in this
1
subsection (see section 96 of the Regulatory Powers Act).
2
(4) A determination under paragraph (3)(b) is not a legislative
3
instrument.
4
Collection and publication of fuel information Part 3
Section 14
No. , 2017
Petroleum and Other Fuels Reporting Bill 2017
15
Part 3--Collection and publication of fuel
1
information
2
3
14 Simplified outline of this Part
4
This Part permits the Secretary to collect fuel information.
5
Fuel information is raw data or value added information product
6
that relates to covered activities or to the quantity, quality or
7
characteristics of covered products, and includes contextual
8
information.
9
The Secretary may publish or make available fuel information. The
10
information must not be likely to enable the identification of a
11
person or be commercial-in-confidence.
12
15 Collection of fuel information
13
The Secretary may collect fuel information.
14
16 Publication of fuel information
15
(1) The Secretary may, in such manner as the Secretary thinks
16
appropriate, cause to be published or made available statistical fuel
17
information.
18
(2) The Secretary may, in such manner as the Secretary thinks
19
appropriate, cause to be published or made available fuel
20
information that is not statistical fuel information.
21
(3) The Secretary must not cause to be published or made available
22
information under this section if the information is:
23
(a) likely to enable the identification of a person; or
24
(b) commercial-in-confidence.
25
Part 3 Collection and publication of fuel information
Section 17
16
Petroleum and Other Fuels Reporting Bill 2017
No. , 2017
Note:
An entrusted person may make a record of or use protected
1
information for the purpose of the publication or making available of
2
information under this section: see section 22.
3
17 Severability--publication of fuel information
4
(1) Without limiting the effect of subsection 16(2) apart from this
5
section, subsection 16(2) also has effect as provided by this
6
section.
7
(2) To avoid doubt, no subsection of this section limits the operation of
8
any other subsection of this section.
9
(3) Subsection 16(2) also has the effect it would have if that subsection
10
were, by express provision, confined to the communication of
11
information by electronic means.
12
(4) Subsection 16(2) also has the effect it would have if the reference
13
in that subsection to fuel information that is not statistical fuel
14
information were, by express provision, confined to information
15
that relates to the affairs of a regulated entity or was obtained from
16
a regulated entity.
17
(5) Subsection 16(2) also has the effect it would have if the reference
18
in that subsection to fuel information that is not statistical fuel
19
information were, by express provision, confined to information
20
the publication or making available of which is necessary to give
21
effect to Australia's rights or obligations under:
22
(a) the Agreement; or
23
(b) any other agreement with one or more countries.
24
(6) Subsection 16(2) also has the effect it would have if the reference
25
in that subsection to fuel information that is not statistical fuel
26
information were, by express provision, confined to information
27
relating to acts or omissions that occur outside Australia.
28
(7) Subsection 16(2) also has the effect it would have if the reference
29
in that subsection to fuel information that is not statistical fuel
30
information were, by express provision, confined to information
31
relating to acts or omissions in the course of or in relation to
32
constitutional trade and commerce.
33
Collection and publication of fuel information Part 3
Section 18
No. , 2017
Petroleum and Other Fuels Reporting Bill 2017
17
18 Other powers or functions not affected
1
This Part does not, by implication, limit any other power or
2
function of the Secretary to collect, publish, or otherwise deal with
3
information.
4
Part 4 Secrecy and disclosure
Division 1 Introduction
Section 19
18
Petroleum and Other Fuels Reporting Bill 2017
No. , 2017
Part 4--Secrecy and disclosure
1
Division 1--Introduction
2
19 Simplified outline of this Part
3
This Part makes it an offence for an entrusted person to record, use
4
or disclose protected information, except in circumstances set out
5
in this Part.
6
This Part also authorises certain fuel information to be disclosed to
7
the Secretary.
8
Secrecy and disclosure Part 4
Secrecy Division 2
Section 20
No. , 2017
Petroleum and Other Fuels Reporting Bill 2017
19
Division 2--Secrecy
1
20 Secrecy
2
Offence
3
(1) A person commits an offence if:
4
(a) the person is, or has been, an entrusted person; and
5
(b) the person has obtained information in his or her capacity as
6
an entrusted person; and
7
(c) the information is protected information; and
8
(d) the person:
9
(i) makes a record of the information; or
10
(ii) uses the information; or
11
(iii) discloses the information to another person.
12
Penalty: Imprisonment for 2 years.
13
Exceptions
14
(2) Subsection (1) does not apply if:
15
(a) the conduct is authorised by:
16
(i) this Act or another law of the Commonwealth; or
17
(ii) a law of a State or Territory prescribed by the rules; or
18
(b) the conduct is in compliance with a requirement under:
19
(i) this Act or another law of the Commonwealth; or
20
(ii) a law of a State or a Territory prescribed by the rules.
21
(3) Subsection (1) does not apply if:
22
(a) the person makes a record of, discloses or otherwise uses
23
information; and
24
(b) the information is commercial-in-confidence; and
25
(c) the person does not know that the information is
26
commercial-in-confidence.
27
Note:
A defendant bears an evidential burden in relation to the matters in
28
subsections (2) and (3) (see subsection 13.3(3) of the Criminal Code).
29
Part 4 Secrecy and disclosure
Division 2 Secrecy
Section 21
20
Petroleum and Other Fuels Reporting Bill 2017
No. , 2017
Implied freedom of political communication
1
(4) This section does not apply to the extent (if any) that it would
2
infringe any constitutional doctrine of implied freedom of political
3
communication.
4
21 Exercising powers, or performing functions or duties, as an
5
entrusted person
6
An entrusted person may make a record of, use or disclose
7
protected information if the record is made, or the information is
8
used or disclosed, in the course of exercising powers, or
9
performing functions or duties, as an entrusted person.
10
22 Recording and use of protected information in relation to the
11
publication of fuel information
12
An entrusted person may:
13
(a) make a record of protected information; or
14
(b) use protected information;
15
for the purpose of the publication or making available of fuel
16
information under section 16.
17
23 Disclosure to the Minister
18
(1) An entrusted person may:
19
(a) disclose protected information to the Minister; and
20
(b) make a record of or use protected information for the purpose
21
of disclosing protected information to the Minister.
22
(2) An entrusted person may:
23
(a) disclose protected information to a person employed under
24
section 13 or 20 of the Members of Parliament (Staff) Act
25
1984, as a member of staff of the Minister; and
26
(b) make a record of or use protected information for the
27
purposes of disclosing the information under paragraph (a).
28
Secrecy and disclosure Part 4
Secrecy Division 2
Section 24
No. , 2017
Petroleum and Other Fuels Reporting Bill 2017
21
24 Disclosure to certain agencies, bodies or persons
1
(1) The Secretary may disclose:
2
(a) protected information to an agency, body or person referred
3
to in paragraph (2)(a), (b), (c) or (d); or
4
(b) protected information that is statistical information to a body
5
referred to in paragraph (2)(e);
6
if the Secretary reasonably believes that the information will
7
enable or assist the agency, body or person to exercise its powers,
8
or perform its functions or duties.
9
(2) The agencies, bodies and persons to which protected information
10
may be disclosed under this section are the following:
11
(a) the Australian Competition and Consumer Commission;
12
(b) the Commissioner of Taxation;
13
(c) an agency or authority of the Commonwealth prescribed by
14
the rules;
15
(d) a State or Territory government, agency or authority
16
prescribed by the rules;
17
(e) the International Energy Agency or any other international
18
energy security body prescribed by the rules.
19
(3) The Secretary may, in writing, authorise an entrusted person to
20
disclose:
21
(a) protected information to an agency, body or person referred
22
to in paragraph (2)(a), (b), (c) or (d); or
23
(b) protected information that is statistical information to a body
24
referred to in paragraph (2)(e);
25
if the Secretary reasonably believes that the information will
26
enable or assist the agency, body or person to exercise its powers,
27
or perform its functions or duties.
28
(4) If an entrusted person is authorised to disclose information under
29
subsection (3), that person may disclose the information.
30
(5) An entrusted person may:
31
(a) make a record of protected information; or
32
(b) use protected information;
33
Part 4 Secrecy and disclosure
Division 2 Secrecy
Section 25
22
Petroleum and Other Fuels Reporting Bill 2017
No. , 2017
for the purpose of disclosing protected information under
1
subsection (1) or (4).
2
Conditions
3
(6) The Secretary may, by writing, impose conditions to be complied
4
with in relation to protected information disclosed under
5
subsection (1) or (4), other than information disclosed to the
6
Australian Competition and Consumer Commission.
7
(7) A person commits an offence if:
8
(a) the person is subject to a condition under subsection (6); and
9
(b) the person engages in conduct; and
10
(c) the person's conduct breaches the condition.
11
Penalty: Imprisonment for 2 years.
12
(8) An instrument under subsection (6) is not a legislative instrument.
13
Protected information disclosed to the Australian Competition and
14
Consumer Commission
15
(9) Protected information disclosed under subsection (1) or (4) to the
16
Australian Competition and Consumer Commission is taken, for
17
the purposes of Part VIIA of the Competition and Consumer Act
18
2010, to be protected information within the meaning of
19
section 95ZP of that Act.
20
25 Disclosure with consent
21
An entrusted person may make a record of, use or disclose
22
protected information that relates to the affairs of a person if:
23
(a) the person has consented to the recording, use or disclosure;
24
and
25
(b) the recording, use or disclosure is in accordance with that
26
consent.
27
26 Disclosure of publicly available information
28
An entrusted person may:
29
Secrecy and disclosure Part 4
Secrecy Division 2
Section 27
No. , 2017
Petroleum and Other Fuels Reporting Bill 2017
23
(a) make a record of protected information; or
1
(b) use protected information; or
2
(c) disclose protected information to another person;
3
if the protected information has already been lawfully made
4
available to the public.
5
27 Disclosure to the person to whom the protected information
6
relates
7
An entrusted person may disclose protected information to the
8
person to whom the protected information relates.
9
28 Disclosure to the person from whom the protected information
10
was obtained
11
An entrusted person may disclose protected information to the
12
person from whom the information was obtained.
13
29 Disclosure to a court, tribunal etc.
14
An entrusted person may make a record of, use or disclose
15
protected information, or a document containing protected
16
information:
17
(a) for the purposes of proceedings before:
18
(i) a court; or
19
(ii) a tribunal, authority or person that has the power to
20
require the answering of questions or the production of
21
documents; or
22
(b) in accordance with an order of:
23
(i) a court; or
24
(ii) a tribunal, authority or person that has the power to
25
require the answering of questions or the production of
26
documents.
27
30 Disclosure for purposes of law enforcement
28
(1) The Secretary may disclose protected information to an agency
29
referred to in subsection (2), if:
30
Part 4 Secrecy and disclosure
Division 2 Secrecy
Section 30
24
Petroleum and Other Fuels Reporting Bill 2017
No. , 2017
(a) the Secretary reasonably believes that the disclosure of the
1
information is necessary for:
2
(i) the enforcement of the criminal law; or
3
(ii) the enforcement of a law imposing a pecuniary penalty;
4
or
5
(iii) the protection of the public revenue; and
6
(b) the protected information is disclosed for the purposes of that
7
enforcement or protection.
8
(2) The agencies to which the Secretary may disclose protected
9
information under this section are:
10
(a) a Department, agency or authority of the Commonwealth, a
11
State or a Territory; or
12
(b) the Australian Federal Police; or
13
(c) the police force or police service of a State or Territory;
14
whose functions include that enforcement or protection.
15
(3) The Secretary may, in writing, authorise an entrusted person to
16
disclose protected information to an agency referred to in
17
subsection (2), if:
18
(a) the Secretary reasonably believes that the disclosure of the
19
information is necessary for:
20
(i) the enforcement of the criminal law; or
21
(ii) the enforcement of a law imposing a pecuniary penalty;
22
or
23
(iii) the protection of the public revenue; and
24
(b) the protected information is disclosed for the purposes of that
25
enforcement or protection.
26
(4) If a person is authorised to disclose information under
27
subsection (3), that person may disclose the information.
28
(5) An entrusted person may:
29
(a) make a record of protected information; or
30
(b) use protected information;
31
for the purpose of disclosing protected information under
32
subsection (1) or (4).
33
Secrecy and disclosure Part 4
Secrecy Division 2
Section 30
No. , 2017
Petroleum and Other Fuels Reporting Bill 2017
25
Conditions
1
(6) The Secretary may, by writing, impose conditions to be complied
2
with in relation to protected information disclosed under
3
subsection (1) or (4).
4
(7) A person commits an offence if:
5
(a) the person is subject to a condition under subsection (6); and
6
(b) the person engages in conduct; and
7
(c) the person's conduct breaches the condition.
8
Penalty: Imprisonment for 2 years.
9
(8) An instrument under subsection (6) is not a legislative instrument.
10
Part 4 Secrecy and disclosure
Division 3 Disclosure
Section 31
26
Petroleum and Other Fuels Reporting Bill 2017
No. , 2017
Division 3--Disclosure
1
31 Disclosure of information to the Secretary
2
(1) An entrusted person (within the meaning of the Australian Border
3
Force Act 2015) may give:
4
(a) the Secretary; or
5
(b) an entrusted person (within the meaning of this Act)
6
authorised under subsection (3);
7
such protected information (within the meaning of the Australian
8
Border Force Act 2015) that is fuel information as the Secretary
9
reasonably believes will enable or assist him or her to perform or
10
exercise any of his or her functions or powers under this Act.
11
(2) The information mentioned in subsection (1) may include personal
12
information.
13
(3) The Secretary may, in writing, authorise an entrusted person for the
14
purposes of paragraph (1)(b).
15
Note:
This section constitutes an authorisation for the purposes of the
16
Privacy Act 1988, paragraph 42(2)(c) of the Australian Border Force
17
Act 2015 and other laws.
18
Compliance and enforcement Part 5
Section 32
No. , 2017
Petroleum and Other Fuels Reporting Bill 2017
27
Part 5--Compliance and enforcement
1
2
32 Simplified outline of this Part
3
Civil penalty orders may be sought under Part 4 of the Regulatory
4
Powers Act from a relevant court in relation to contraventions of
5
the requirement in section 11 to give reports to the Secretary.
6
An authorised person may enter premises under a warrant or with
7
consent of the occupier and exercise monitoring powers there
8
under Part 2 of the Regulatory Powers Act, for the purposes of
9
determining whether information given in compliance or purported
10
compliance with section 11 is correct.
11
A person can be given an infringement notice under Part 5 of the
12
Regulatory Powers Act for contravening section 11.
13
A person who is given an infringement notice can choose to pay an
14
amount as an alternative to having court proceedings brought
15
against the person for the contravention. If the person does not
16
choose to pay the amount, proceedings can be brought against the
17
person for the contravention.
18
33 Monitoring powers
19
Information subject to monitoring
20
(1) Information given in compliance or purported compliance with
21
section 11 is subject to monitoring under Part 2 of the Regulatory
22
Powers Act.
23
Note:
Part 2 of the Regulatory Powers Act creates a framework for
24
monitoring whether the information is correct. It includes powers of
25
entry and inspection.
26
Part 5 Compliance and enforcement
Section 34
28
Petroleum and Other Fuels Reporting Bill 2017
No. , 2017
Related provisions, authorised applicant, authorised person,
1
issuing officer, relevant chief executive and relevant court
2
(2) For the purposes of Part 2 of the Regulatory Powers Act, as that
3
Part applies in relation to the information mentioned in
4
subsection (1):
5
(a) there are no related provisions; and
6
(b) the Secretary is an authorised applicant; and
7
(c) a person appointed under section 34 is an authorised person;
8
and
9
(d) a magistrate is an issuing officer; and
10
(e) the Secretary is the relevant chief executive; and
11
(f) each of the following is a relevant court:
12
(i) the Federal Court of Australia;
13
(ii) the Federal Circuit Court of Australia;
14
(iii) a court of a State or Territory that has jurisdiction in
15
relation to the matter.
16
Extension to offshore areas
17
(3) Part 2 of the Regulatory Powers Act, as that Part applies in relation
18
to information mentioned in subsection (1), extends to each
19
offshore area.
20
34 Appointment of authorised persons
21
(1) The Secretary may, in writing, appoint a person who is one of the
22
following as an authorised person for the purposes of this Act:
23
(a) an APS employee in the Department;
24
(b) a person who is engaged as a consultant or contractor to
25
perform services in relation to this Act.
26
(2) The Secretary must not appoint a person as an authorised person
27
unless the Secretary is satisfied that the person has the knowledge
28
or experience necessary to properly exercise the powers of an
29
authorised person.
30
(3) An authorised person must, in exercising powers as such, comply
31
with any directions of the Secretary.
32
Compliance and enforcement Part 5
Section 35
No. , 2017
Petroleum and Other Fuels Reporting Bill 2017
29
(4) If a direction is given under subsection (3) in writing, the direction
1
is not a legislative instrument.
2
35 Civil penalty provisions
3
Enforceable civil penalty provisions
4
(1) Each civil penalty provision of this Act is enforceable under Part 4
5
of the Regulatory Powers Act.
6
Note:
Part 4 of the Regulatory Powers Act allows a civil penalty provision to
7
be enforced by obtaining an order for a person to pay a pecuniary
8
penalty for the contravention of the provision.
9
Authorised applicant and relevant court
10
(2) For the purposes of Part 4 of the Regulatory Powers Act:
11
(a) the Secretary is an authorised applicant in relation to the civil
12
penalty provisions of this Act; and
13
(b) each of the following is a relevant court in relation to the
14
civil penalty provisions of this Act:
15
(i) the Federal Court of Australia;
16
(ii) the Federal Circuit Court of Australia;
17
(iii) a court of a State or Territory that has jurisdiction in
18
relation to the matter.
19
Extension to offshore areas
20
(3) Part 4 of the Regulatory Powers Act, as it applies in relation to the
21
civil penalty provisions mentioned in subsection (1), extends to
22
each offshore area.
23
36 Infringement notices
24
Provisions subject to an infringement notice
25
(1) A civil penalty provision of this Act is subject to an infringement
26
notice under Part 5 of the Regulatory Powers Act.
27
Note:
Part 5 of the Regulatory Powers Act creates a framework for using
28
infringement notices in relation to provisions.
29
Part 5 Compliance and enforcement
Section 36
30
Petroleum and Other Fuels Reporting Bill 2017
No. , 2017
Infringement officer and relevant chief executive
1
(2) For the purposes of Part 5 of the Regulatory Powers Act:
2
(a) the Secretary is an infringement officer in relation to the
3
provisions mentioned in subsection (1); and
4
(b) the Secretary is the relevant chief executive in relation to the
5
provisions mentioned in subsection (1).
6
Extension to offshore areas
7
(3) Part 5 of the Regulatory Powers Act, as that Part applies in relation
8
to the provisions mentioned in subsection (1), extends to each
9
offshore area.
10
Miscellaneous Part 6
Section 37
No. , 2017
Petroleum and Other Fuels Reporting Bill 2017
31
Part 6--Miscellaneous
1
2
37 Simplified outline of this Part
3
This Part deals with other matters, such as delegations, reviews of
4
this Act and rules.
5
38 Treatment of trusts
6
(1) This Act applies to a trust as if it were a person, but with the
7
changes set out in this section.
8
Trusts with a single trustee
9
(2) If the trust has a single trustee:
10
(a) an obligation that would otherwise be imposed on the trust by
11
this Act is imposed on the trustee instead; and
12
(b) an offence against this Act that would otherwise have been
13
committed by the trust is taken to have been committed by
14
the trustee.
15
Trusts with multiple trustees
16
(3) If the trust has 2 or more trustees:
17
(a) an obligation that would otherwise be imposed on the trust by
18
this Act is imposed on each trustee instead, but may be
19
discharged by any of the trustees; and
20
(b) an offence against this Act that would otherwise have been
21
committed by the trust is taken to have been committed by
22
each trustee of the trust, at the time the offence was
23
committed, who:
24
(i) did the relevant act or made the relevant omission; or
25
(ii) aided, abetted, counselled or procured the relevant act or
26
omission; or
27
Part 6 Miscellaneous
Section 39
32
Petroleum and Other Fuels Reporting Bill 2017
No. , 2017
(iii) was in any way knowingly concerned in, or party to, the
1
relevant act or omission (whether directly or indirectly
2
and whether by any act or omission of the trustee).
3
Contraventions of civil penalty provisions
4
(4) This section applies to a contravention of a civil penalty provision
5
in a corresponding way to the way in which it applies to an
6
offence.
7
39 Delegations
8
(1) The Secretary may, in writing, delegate any or all of his or her
9
functions or powers under:
10
(a) section 6 (about commercial-in-confidence information); or
11
(b) paragraph 11(4)(b) (about approving manners and forms); or
12
(c) subsection 13(3) (about exemptions from the duty to report);
13
or
14
(d) section 15 (about collection of fuel information); or
15
(e) section 16 (about publication of fuel information); or
16
(f) section 34 (about appointment of authorised persons); or
17
(g) section 35 of the Regulatory Powers Act as the relevant chief
18
executive to issue identity cards to authorised persons;
19
to an SES employee, or an acting SES employee, in the
20
Department.
21
Note:
SES employee and acting SES employee are defined in section 2B of
22
the Acts Interpretation Act 1901.
23
(2) In performing a function, or exercising a power, under a
24
delegation, the delegate must comply with any directions of the
25
Secretary.
26
40 Review of operation of this Act
27
(1) The Minister must cause an independent review to be conducted of
28
the operation of this Act and the rules.
29
(2) Without limiting the matters to be covered by the review, the
30
review must consider the following:
31
Miscellaneous Part 6
Section 41
No. , 2017
Petroleum and Other Fuels Reporting Bill 2017
33
(a) the definition of fuel information in section 5;
1
(b) the definition of covered product in section 5;
2
(c) the definition of covered activity in section 5.
3
(3) The review must be conducted as soon as practicable after the end
4
of 3 years after this section commences.
5
(4) The persons who conduct the review must give the Minister a
6
written report of the review.
7
(5) The Minister must cause copies of the report to be tabled in each
8
House of the Parliament within 15 sitting days of that House after
9
the report is given to the Minister.
10
41 Rules
11
(1) The Minister may, by legislative instrument, make rules
12
prescribing matters:
13
(a) required or permitted by this Act to be prescribed by the
14
rules; or
15
(b) necessary or convenient to be prescribed for carrying out or
16
giving effect to this Act.
17
(2) To avoid doubt, the rules may not do the following:
18
(a) create an offence or civil penalty;
19
(b) provide powers of:
20
(i) arrest or detention; or
21
(ii) entry, search or seizure;
22
(c) impose a tax;
23
(d) set an amount to be appropriated from the Consolidated
24
Revenue Fund under an appropriation in this Act;
25
(e) directly amend the text of this Act.
26