REGULATORY POWERS (STANDARDISATION REFORM) BILL 2016

2013-2014-2015-2016

The Parliament of the

Commonwealth of Australia

THE SENATE

Presented and read a first time

Regulatory Powers (Standardisation

Reform) Bill 2016

No. , 2016

(Attorney-General)

A Bill for an Act to apply the Regulatory Powers

(Standard Provisions) Act 2014 to various

Commonwealth Acts, and for related purposes

No. , 2016

Regulatory Powers (Standardisation Reform) Bill 2016

Contents

Short title ........................................................................................... 1

Commencement ................................................................................. 1

Schedules ........................................................................................... 2

Schedule 1--Amendment of the Regulatory Powers (Standard

Provisions) Act 2014

Part 1--Amendments

Regulatory Powers (Standard Provisions) Act 2014

Part 2--Application of amendments

Schedule 2--Amendment of the Australian Sports Anti-Doping

Authority Act 2006

Part 1--Amendments

Australian Sports Anti-Doping Authority Act 2006

Part 2--Application and saving provisions

Schedule 3--Amendment of the Building Energy Efficiency

Disclosure Act 2010

Part 1--Amendments

Building Energy Efficiency Disclosure Act 2010

Part 2--Application and saving provisions

Schedule 4--Amendments of the Coal Mining Industry (Long

Service Leave) Legislation

Part 1--Amendments

Coal Mining Industry (Long Service Leave) Administration Act 1992

Coal Mining Industry (Long Service Leave) Payroll Levy Collection

Act 1992

Part 2--Application and saving provisions

Schedule 5--Amendment of the Defence Act 1903

Part 1--Amendments

Defence Act 1903

Regulatory Powers (Standardisation Reform) Bill 2016

No. , 2016

Part 2--Application and saving provision

Schedule 6--Amendment of the Defence Reserve Service

(Protection) Act 2001

Part 1--Amendments

Defence Reserve Service (Protection) Act 2001

Part 2--Application and saving provisions

Schedule 7--Amendment of the Greenhouse and Energy

Minimum Standards Act 2012

Part 1--Amendments

Greenhouse and Energy Minimum Standards Act 2012

Part 2--Application and saving provisions

Schedule 8--Amendment of the Horse Disease Response Levy

Collection Act 2011

Part 1--Amendments

Horse Disease Response Levy Collection Act 2011

Part 2--Application and saving provisions

Schedule 9--Amendment of the Illegal Logging Prohibition Act

2012

Part 1--Amendments

Illegal Logging Prohibition Act 2012

Part 2--Application and saving provisions

Schedule 10--Amendment of the Industrial Chemicals

(Notification and Assessment) Act 1989

Part 1--Amendments

Industrial Chemicals (Notification and Assessment) Act 1989

Part 2--Application and saving provisions

Schedule 11--Amendment of the Paid Parental Leave Act 2010

Part 1--Amendments

No. , 2016

Regulatory Powers (Standardisation Reform) Bill 2016

iii

Paid Parental Leave Act 2010

Part 2--Application and saving provisions

103

Schedule 12--Amendment of the Personal Property Securities

Act 2009

104

Part 1--Amendments

104

Personal Property Securities Act 2009

104

Part 2--Application and saving provisions

109

Schedule 13--Amendment of the Privacy Act 1988

110

Part 1--Amendments

110

Privacy Act 1988

110

Part 2--Application and saving provision

114

Schedule 14--Amendment of the Tobacco Plain Packaging Act

2011

116

Part 1--Amendments

116

Tobacco Plain Packaging Act 2011

116

Part 2--Application and saving provisions

127

Schedule 15--Amendment of the Weapons of Mass Destruction

(Prevention of Proliferation) Act 1995

129

Part 1--Amendments

129

Weapons of Mass Destruction (Prevention of Proliferation) Act 1995

129

Part 2--Application and saving provision

131

Schedule 16--Contingent amendments

132

Paid Parental Leave Act 2010

132

No. , 2016

Regulatory Powers (Standardisation Reform) Bill 2016

A Bill for an Act to apply the Regulatory Powers

(Standard Provisions) Act 2014 to various

Commonwealth Acts, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Regulatory Powers (Standardisation

Reform) Act 2016.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

Regulatory Powers (Standardisation Reform) Bill 2016

No. , 2016

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

The day after this Act receives the Royal

Assent.

3. Schedules 2 to

A day or days to be fixed by Proclamation.

However, if any of the provisions do not

commence within the period of 12 months

beginning on the day this Act receives the

Royal Assent, they commence on the day

after the end of that period.

4. Schedule 16

Immediately after the commencement of

Schedule 2 to the Fairer Paid Parental

Leave Act 2016.

However, the provisions do not commence

at all if that Schedule does not commence

before the commencement of Schedule 11 to

this Act.

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Schedules

Legislation that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

Amendment of the Regulatory Powers (Standard Provisions) Act 2014 Schedule 1

Amendments Part 1

No. , 2016

Regulatory Powers (Standardisation Reform) Bill 2016

Schedule 1--Amendment of the Regulatory

Powers (Standard Provisions) Act 2014

Part 1--Amendments

Regulatory Powers (Standard Provisions) Act 2014

1 Section 22 (heading)

Repeal the heading, substitute:

22 Securing evidence of a contravention

2 Paragraph 22(1)(b)

Repeal the paragraph, substitute:

(b) an authorised person believes on reasonable grounds that:

(i) a provision that is subject to monitoring under this Part,

or a related provision, has been contravened with

respect to the thing; or

(ii) the thing affords evidence of the contravention of a

provision that is subject to monitoring under this Part, or

a related provision; or

(iii) the thing is intended to be used for the purpose of

contravening a provision that is subject to monitoring

under this Part, or a related provision; or

(iv) the thing affords evidence that information subject to

monitoring under this Part is not correct; and

3 Subsection 22(1)

Omit "The equipment may be secured by locking it up", substitute "The

thing may be secured by locking it up".

4 Paragraph 35(2)(b)

Omit "1 year", substitute "5 years".

5 Paragraph 76(2)(b)

Omit "1 year", substitute "5 years".

Schedule 1 Amendment of the Regulatory Powers (Standard Provisions) Act 2014

Part 1 Amendments

Regulatory Powers (Standardisation Reform) Bill 2016

No. , 2016

6 Subsection 82(2)

Omit "4 years", substitute "6 years".

7 Paragraph 104(1)(e)

Repeal the paragraph, substitute:

(e) give brief details of the alleged contravention, or each alleged

contravention, to which the notice relates, including:

(i) the provision that was allegedly contravened; and

(ii) the maximum penalty that a court could impose for each

contravention, if the provision were contravened; and

(iii) the time (if known) and day of, and the place of, each

alleged contravention; and

8 Subsection 104(2)

Repeal the subsection, substitute:

(2) If the notice relates to only one alleged contravention of the

provision by the person, the amount to be stated in the notice for

the purposes of paragraph (1)(f) is the lesser of:

(a) one-fifth of the maximum penalty that a court could impose

on the person for that contravention; and

(b) 12 penalty units where the person is an individual, or 60

penalty units where the person is a body corporate.

(3) If the notice relates to more than one alleged contravention of the

provision by the person, the amount to be stated in the notice for

the purposes of paragraph (1)(f) is the lesser of:

(a) one-fifth of the amount worked out by adding together the

maximum penalty that a court could impose on the person for

each alleged contravention; and

(b) either:

(i) if the person is an individual--the number of penalty

units worked out by multiplying the number of alleged

contraventions by 12; or

(ii) if the person is a body corporate--the number of

penalty units worked out by multiplying the number of

alleged contraventions by 60.

Note:

Under section 103, a single infringement notice may only deal with

multiple contraventions if they are contraventions of a single provision

continuing over a period.

Schedule 1 Amendment of the Regulatory Powers (Standard Provisions) Act 2014

Part 2 Application of amendments

Regulatory Powers (Standardisation Reform) Bill 2016

No. , 2016

Part 2--Application of amendments

9 Amendments relating to monitoring powers

The amendments made by items 2 and 3 of this Schedule apply where

premises are entered under Part 2 of the Regulatory Powers (Standard

Provisions) Act 2014 on or after the commencement of those items.

10 Amendments relating to identity cards

The amendments made by items 4 and 5 of this Schedule apply to:

(a) identity cards issued during the period of 12 months

immediately before the commencement of those items; and

(b) identity cards issued on or after the commencement of those

items.

11 Amendment relating to civil penalty orders

The amendment made by item 6 of this Schedule applies in relation to

an application for a civil penalty order made on or after the

commencement of that item.

12 Amendments relating to infringement notices

The amendments made by items 7 and 8 of this Schedule apply in

relation to infringement notices issued on or after the commencement of

those items.

Amendment of the Australian Sports Anti-Doping Authority Act 2006 Schedule 2

Amendments Part 1

No. , 2016

Regulatory Powers (Standardisation Reform) Bill 2016

Schedule 2--Amendment of the Australian

Sports Anti-Doping Authority Act 2006

Part 1--Amendments

Australian Sports Anti-Doping Authority Act 2006

1 Section 4 (definition of civil penalty order)

Repeal the definition.

2 Section 4 (definition of civil penalty provision)

Repeal the definition, substitute:

civil penalty provision has the same meaning as in the Regulatory

Powers Act.

3 Section 4

Repeal the following definitions:

(a) definition of conduct;

(b) definition of evidential burden.

4 Section 4

Insert:

Regulatory Powers Act means the Regulatory Powers (Standard

Provisions) Act 2014.

5 Section 4 (definition of relevant court)

Repeal the definition.

6 Subsection 13C(2) (note)

Repeal the note, substitute:

Note:

A person bears an evidential burden in relation to a matter in

subsection (2) (see section 96 of the Regulatory Powers Act).

7 Part 8A

Repeal the Part, substitute:

Schedule 2 Amendment of the Australian Sports Anti-Doping Authority Act 2006

Part 1 Amendments

Regulatory Powers (Standardisation Reform) Bill 2016

No. , 2016

Part 8A--Civil penalty provisions

71 Simplified outline of this Part

This Part applies the Regulatory Powers Act to enable the CEO to

enforce civil penalty provisions. Orders may be sought from a

court in relation to contraventions of such provisions.

72 Civil penalty provisions

Enforceable civil penalty provisions

(1) Each civil penalty provision of this Act is enforceable under Part 4

of the Regulatory Powers Act.

Note:

Part 4 of the Regulatory Powers Act allows a civil penalty provision to

be enforced by obtaining an order for a person to pay a pecuniary

penalty for the contravention of the provision.

Authorised applicant

(2) For the purposes of Part 4 of the Regulatory Powers Act, the CEO,

on behalf of the Commonwealth, is an authorised applicant in

relation to the civil penalty provisions of this Act.

Relevant court

(3) For the purposes of Part 4 of the Regulatory Powers Act, each of

the following courts is a relevant court in relation to the civil

penalty provisions of this Act:

(a) the Federal Court of Australia;

(b) the Federal Circuit Court of Australia;

to matters arising under this Act.

Extension to external Territories

(4) Part 4 of the Regulatory Powers Act, as that Part applies in relation

to the civil penalty provisions of this Act, extends to every external

Territory.

Amendment of the Australian Sports Anti-Doping Authority Act 2006 Schedule 2

Amendments Part 1

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Regulatory Powers (Standardisation Reform) Bill 2016

Part 8B--Infringement notices

73A Simplified outline of this Part

This Part applies the Regulatory Powers Act to enable the CEO to

issue an infringement notice in relation to the alleged contravention

of a civil penalty provision.

73B Infringement notices

Provisions subject to an infringement notice

(1) A civil penalty provision of this Act is subject to an infringement

notice under Part 5 of the Regulatory Powers Act.

Note:

Part 5 of the Regulatory Powers Act creates a framework for using

infringement notices in relation to provisions.

Infringement officer

(2) For the purposes of Part 5 of the Regulatory Powers Act, each of

the following persons is an infringement officer in relation to the

provisions mentioned in subsection (1):

(a) the CEO;

(b) a person authorised by the CEO for the purposes of this

paragraph.

Relevant chief executive

(3) For the purposes of Part 5 of the Regulatory Powers Act, the CEO

is the relevant chief executive in relation to the provisions

mentioned in subsection (1).

(4) The CEO may, in writing, delegate the CEO's powers and

functions under Part 5 of the Regulatory Powers Act as the relevant

chief executive in relation to the provisions mentioned in

subsection (1) to:

(a) a member of the ASADA staff; or

(b) an individual whose services are made available to the CEO

under section 24M.

Schedule 2 Amendment of the Australian Sports Anti-Doping Authority Act 2006

Part 1 Amendments

Regulatory Powers (Standardisation Reform) Bill 2016

No. , 2016

(5) A delegate must comply with any written directions of the CEO.

Extension to external Territories

(6) Part 5 of the Regulatory Powers Act, as that Part applies in relation

to the provisions mentioned in subsection (1), extends to every

external Territory.

8 Section 80

Repeal the section.

Amendment of the Australian Sports Anti-Doping Authority Act 2006 Schedule 2

Application and saving provisions Part 2

No. , 2016

Regulatory Powers (Standardisation Reform) Bill 2016

Part 2--Application and saving provisions

9 Application and saving provision

--civil penalties

(1)

Part 4 of the Regulatory Powers (Standard Provisions) Act 2014, as that

Part applies under Part 8A of the Australian Sports Anti-Doping

Authority Act 2006, applies in relation to contraventions of civil penalty

provisions occurring on or after the commencement of this Schedule.

(2)

Part 8A of the Australian Sports Anti-Doping Authority Act 2006, as in

force immediately before the commencement of this Schedule,

continues to apply on and after that commencement in relation to

contraventions of civil penalty provisions occurring before the

commencement of this Schedule.

10 Application and saving provision

--infringement notices

(1)

Part 5 of the Regulatory Powers (Standard Provisions) Act 2014, as that

Part applies under Part 8B of the Australian Sports Anti-Doping

Authority Act 2006, applies in relation to alleged contraventions of

provisions referred to in subsection 73B(1) of the Australian Sports

Anti-Doping Authority Act 2006 occurring on or after the

commencement of this Schedule.

(2)

Regulations made under section 80 of the Australian Sports

Anti-Doping Authority Act 2006, as in force immediately before the

commencement of this Schedule, continue to apply on and after that

commencement in relation to alleged contraventions of civil penalty

provisions of the Australian Sports Anti-Doping Authority Act 2006

occurring before the commencement of this Schedule.

Schedule 3 Amendment of the Building Energy Efficiency Disclosure Act 2010

Part 1 Amendments

Regulatory Powers (Standardisation Reform) Bill 2016

No. , 2016

Schedule 3--Amendment of the Building

Energy Efficiency Disclosure Act 2010

Part 1--Amendments

Building Energy Efficiency Disclosure Act 2010

1 Section 3 (definition of civil penalty order)

Repeal the definition.

2 Section 3 (definition of civil penalty provision)

Repeal the definition, substitute:

civil penalty provision has the same meaning as in the Regulatory

Powers Act.

3 Section 3

Insert:

Regulatory Powers Act means the Regulatory Powers (Standard

Provisions) Act 2014.

4 Subsection 8(2)

Omit "to a pecuniary penalty or".

5 Subsections 11(5) and 15(5)

After "civil penalty order", insert "under the Regulatory Powers Act".

6 Subsection 18(7)

Repeal the subsection, substitute:

(7) If a person contravenes subsection (6) by failing to give access at a

day and time on which access is required under a notice, the person

commits a separate contravention of that subsection in respect of

each day after the day required under the notice, including a day of

the making of the relevant civil penalty order and any subsequent

day.

Note:

If a person contravenes subsection (6) by failing to give information

within the period specified in the notice, under section 93 of the

Amendment of the Building Energy Efficiency Disclosure Act 2010 Schedule 3

Amendments Part 1

No. , 2016

Regulatory Powers (Standardisation Reform) Bill 2016

Regulatory Powers Act, the person commits a separate contravention

of that subsection in respect of each day during which the

contravention occurs (including the day the relevant civil penalty

order is made or any later day).

7 Subsection 49(1)

After "civil penalty provision", insert "of this Act".

8 Divisions 2 and 3 of Part 5

Repeal the Divisions, substitute:

Division 2--Civil penalties

51 Civil penalty provisions

Enforceable civil penalty provisions

(1) Each civil penalty provision of this Act is enforceable under Part 4

of the Regulatory Powers Act.

Note:

Part 4 of the Regulatory Powers Act allows a civil penalty provision to

be enforced by obtaining an order for a person to pay a pecuniary

penalty for the contravention of the provision.

Authorised applicant

(2) For the purposes of Part 4 of the Regulatory Powers Act, the

Secretary is an authorised applicant in relation to the civil penalty

provisions of this Act.

(3) The Secretary may, in writing, delegate to an SES employee or

acting SES employee in the Department the Secretary's powers

and functions as an authorised applicant in relation to the civil

penalty provisions of this Act.

(4) In exercising powers or performing functions delegated under

subsection (3), the delegate must comply with any directions of the

Secretary.

Relevant court

(5) For the purposes of Part 4 of the Regulatory Powers Act, each of

the following courts is a relevant court in relation to the civil

penalty provisions of this Act:

Schedule 3 Amendment of the Building Energy Efficiency Disclosure Act 2010

Part 1 Amendments

Regulatory Powers (Standardisation Reform) Bill 2016

No. , 2016

(a) the Federal Court of Australia;

(b) the Federal Circuit Court of Australia.

Maximum amount of pecuniary penalty

(6) Despite subsection 82(5) of the Regulatory Powers Act, the

pecuniary penalty payable under a civil penalty order under Part 4

of the Regulatory Powers Act, as that Part applies in relation to the

civil penalty provisions of this Act, must not be more than the

amount worked out under section 52 of this Act.

Extension to external Territories

(7) Part 4 of the Regulatory Powers Act, as that Part applies in relation

to the civil penalty provisions of this Act, extends to every external

Territory.

Liability of Crown

(8) Part 4 of the Regulatory Powers Act, as that Part applies in relation

to the civil penalty provisions of this Act, does not make the

Crown liable to a pecuniary penalty.

(9) The protection in subsection (8) does not apply to an authority of

the Crown.

52 Maximum amount of pecuniary penalty

(1) Subject to this section, the pecuniary penalty payable by a person

under a civil penalty order under Part 4 of the Regulatory Powers

Act, as that Part applies in relation to a civil penalty provision of

this Act, must not exceed the pecuniary penalty specified for the

civil penalty provision in this Act.

(2) If:

(a) the contravention is of a requirement under section 11 in

relation to a continuing offer or a continuing invitation; and

(b) the contravention is in respect of one or more days that fall

after the first day on which the offer or invitation is made;

the pecuniary penalty must not exceed 100 penalty units for each

day that falls after the first day.

(3) If:

Amendment of the Building Energy Efficiency Disclosure Act 2010 Schedule 3

Amendments Part 1

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Regulatory Powers (Standardisation Reform) Bill 2016

(a) the contravention is of a requirement under section 15 in

relation to a continuing advertisement; and

(b) the contravention is in respect of one or more days that fall

after the first day on which advertising began;

the pecuniary penalty must not exceed 100 penalty units for each

day that falls after the first day.

(4) If:

(a) the contravention is of a requirement under section 18 in

relation to giving information within a period specified in a

notice; and

(b) the contravention is in respect of one or more days that fall

after the end of that period;

the pecuniary penalty must not exceed 20 penalty units for an

individual and 50 penalty units for a body corporate for each day

that falls after the end of that period.

(5) If:

(a) the contravention is of a requirement under section 18 in

relation to giving access to a place at a day and time specified

in a notice; and

(b) the contravention is in respect of one or more days that fall

after the day specified;

the pecuniary penalty must not exceed 20 penalty units for an

individual and 50 penalty units for a body corporate for each day

that falls after the day specified.

Division 3--Infringement notices

53 Infringement notices

Provisions subject to an infringement notice

(1) A civil penalty provision of this Act is subject to an infringement

notice under Part 5 of the Regulatory Powers Act.

Note:

Part 5 of the Regulatory Powers Act creates a framework for using

infringement notices in relation to provisions.

Schedule 3 Amendment of the Building Energy Efficiency Disclosure Act 2010

Part 1 Amendments

Regulatory Powers (Standardisation Reform) Bill 2016

No. , 2016

Infringement officer

(2) For the purposes of Part 5 of the Regulatory Powers Act, the

Secretary is an infringement officer in relation to the provisions

mentioned in subsection (1).

Relevant chief executive

(3) For the purposes of Part 5 of the Regulatory Powers Act, the

Secretary is the relevant chief executive in relation to the

provisions mentioned in subsection (1).

Delegation by the Secretary

(4) The Secretary may, in writing, delegate to an SES employee or

acting SES employee in the Department the Secretary's powers

and functions as an infringement officer or as the relevant chief

executive in relation to the provisions mentioned in subsection (1).

(5) In exercising powers or performing functions delegated under

subsection (4), the delegate must comply with any directions of the

Secretary.

Single infringement notice dealing with multiple contraventions

(6) Despite subsection 103(3) of the Regulatory Powers Act, an

infringement officer may give a person a single infringement

notice relating to multiple contraventions of subsection 18(6) that

are alleged to have occurred because the person failed to give

access to a place at a particular day and time specified in a notice

under subsection 18(4) and continued to fail to do so after that day

and time.

Amount payable under an infringement notice

(7) Despite subsections 104(2) and (3) of the Regulatory Powers Act,

the amount to be stated in an infringement notice for the purposes

of paragraph 104(1)(f) of that Act in relation to a civil penalty

provision of this Act must not exceed an amount equal to:

(a) if the notice relates to only one alleged contravention of the

provision by the person--one-tenth of the maximum penalty

that a Court could impose on the person for that

contravention; or

Amendment of the Building Energy Efficiency Disclosure Act 2010 Schedule 3

Amendments Part 1

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Regulatory Powers (Standardisation Reform) Bill 2016

(b) if the notice relates to more than one alleged contravention of

the provision by the person--one-tenth of the amount worked

out by adding together the maximum penalty that a Court

could impose on the person for each alleged contravention.

Time limits on representations seeking withdrawal of notice

(8) If a person to whom an infringement notice has been given in

relation to a provision mentioned in subsection (1) wishes to make

written representations to the Secretary under subsection 106(1) of

the Regulatory Powers Act:

(a) the person must do so within 28 days after the infringement

notice is given; and

(b) despite paragraph 106(3)(a) of the Regulatory Powers Act,

the Secretary need not take into account any representations

in relation to the infringement notice made after the end of

that period.

Extension to external Territories

(9) Part 5 of the Regulatory Powers Act, as it applies in relation to the

provisions mentioned in subsection (1), extends to every external

Territory.

9 Paragraph 65(3)(a)

Omit "Division 3", substitute "Part 5 of the Regulatory Powers Act in

relation to a civil penalty provision of this Act".

10 Paragraph 65(3)(b)

After "order", insert "under the Regulatory Powers Act".

11 Subparagraph 70(1)(a)(iii)

Omit "; and", substitute "; or".

12 At the end of paragraph 70(1)(a)

Add:

(iv) obtains or generates information in the course of

exercising powers or performing function under the

Regulatory Powers Act, as it applies in relation to this

Act; and

Schedule 3 Amendment of the Building Energy Efficiency Disclosure Act 2010

Part 2 Application and saving provisions

Regulatory Powers (Standardisation Reform) Bill 2016

No. , 2016

Part 2--Application and saving provisions

13 Application and saving provision

--civil penalties

(1)

Part 4 of the Regulatory Powers (Standard Provisions) Act 2014, as that

Part applies under Division 2 of Part 5 of the Building Energy Efficiency

Disclosure Act 2010, applies in relation to contraventions of civil

penalty provisions occurring on or after the commencement of this

Schedule.

(2)

Division 2 of Part 5 of the Building Energy Efficiency Disclosure Act

2010, as in force immediately before the commencement of this

Schedule, continues to apply on and after that commencement in

relation to contraventions of civil penalty provisions occurring before

the commencement of this Schedule.

14 Application and saving provision

--infringement notices

(1)

Part 5 of the Regulatory Powers (Standard Provisions) Act 2014, as that

Part applies under Division 3 of Part 5 of the Building Energy Efficiency

Disclosure Act 2010, applies in relation to alleged contraventions of

civil penalty provisions occurring on or after the commencement of this

Schedule.

(2)

Division 3 of Part 5 of the Building Energy Efficiency Disclosure Act

2010, as in force immediately before the commencement of this

Schedule, continues to apply on and after that commencement in

relation to alleged contraventions of civil penalty provisions occurring

before the commencement of this Schedule.

15 Saving provision

--Energy Efficiency Non-disclosure

Register

(1)

An infringement notice given to a person under Division 3 of Part 5 of

the Building Energy Efficiency Disclosure Act 2010, as it applies to

alleged contraventions of civil penalty provisions occurring before the

commencement of this Schedule, is taken to be an instance of

non-disclosure under section 65 of that Act as amended by this

Schedule.

(2)

A civil penalty order made by a Court under subsection 53(2) of the

Building Energy Efficiency Disclosure Act 2010 before, on or after the

Schedule 4 Amendments of the Coal Mining Industry (Long Service Leave)

Legislation

Part 1 Amendments

Regulatory Powers (Standardisation Reform) Bill 2016

No. , 2016

Schedule 4--Amendments of the Coal Mining

Industry (Long Service Leave)

Legislation

Part 1--Amendments

Coal Mining Industry (Long Service Leave) Administration

Act 1992

1 Subsection 4(1) (definition of civil penalty order)

Repeal the definition.

2 Subsection 4(1) (definition of civil penalty provision)

Repeal the definition, substitute:

civil penalty provision has the same meaning as in the Regulatory

Powers Act.

3 Subsection 4(1)

Insert:

Regulatory Powers Act means the Regulatory Powers (Standard

Provisions) Act 2014.

4 At the end of subsections 39AB(3) and (4)

Add:

Civil penalty:

60 penalty units.

5 Subsection 39AB(5) (note)

Omit "Note", substitute "Note 1".

6 At the end of subsection 39AB(5)

Add:

Note 2:

Division 4 of this Part provides other remedies for contraventions of

civil penalty provisions.

Amendments of the Coal Mining Industry (Long Service Leave) Legislation Schedule

Amendments Part 1

No. , 2016

Regulatory Powers (Standardisation Reform) Bill 2016

7 Subsection 39AB(6)

Repeal the subsection (including the notes).

8 At the end of subsection 39AC(1)

Add:

Civil penalty:

60 penalty units.

9 Subsection 39AC(2)

Repeal the subsection.

10 At the end of section 39AC

Add:

Note:

Division 4 of this Part provides other remedies for contraventions of

civil penalty provisions.

11 Subsection 39AD(1)

Omit "(1)".

12 At the end of subsection 39AD(1)

Add:

Civil penalty:

60 penalty units.

Note:

Division 4 of this Part provides other remedies for contraventions of

civil penalty provisions.

13 Subsection 39AD(2)

Repeal the subsection (including the notes).

14 Subsection 39BE(1)

Omit "(1)".

15 At the end of subsection 39BE(1)

Add:

Civil penalty:

60 penalty units.

Note:

Division 4 of this Part provides other remedies for contraventions of

civil penalty provisions.

Schedule 4 Amendments of the Coal Mining Industry (Long Service Leave)

Legislation

Part 1 Amendments

Regulatory Powers (Standardisation Reform) Bill 2016

No. , 2016

16 Subsection 39BE(2)

Repeal the subsection (including the notes).

17 At the end of subsection 39C(1)

Add:

Civil penalty:

60 penalty units.

18 At the end of subsection 39C(2)

Add:

Civil penalty:

60 penalty units.

Note:

Division 4 of this Part provides other remedies for contraventions of

civil penalty provisions.

19 Subsection 39C(3)

Repeal the subsection (including the notes).

20 At the end of subsection 39CA(2)

Add:

Civil penalty:

60 penalty units.

Note:

Division 4 of this Part provides other remedies for contraventions of

civil penalty provisions.

21 Subsection 39CA(3)

Repeal the subsection (including the notes).

22 At the end of subsection 39CB(2)

Add:

Civil penalty:

60 penalty units.

Note:

Division 4 of this Part provides other remedies for contraventions of

civil penalty provisions.

23 Subsection 39CB(3)

Repeal the subsection (including the notes).

24 At the end of subsection 39CC(2)

Add:

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Amendments Part 1

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Regulatory Powers (Standardisation Reform) Bill 2016

Civil penalty:

60 penalty units.

Note:

Division 4 of this Part provides other remedies for contraventions of

civil penalty provisions.

25 Subsection 39CC(3)

Repeal the subsection (including the notes).

26 Part 7A (heading)

Repeal the heading, substitute:

Part 7A--Civil penalties

27 Divisions 1 and 2 of Part 7A

Repeal the Divisions, substitute:

49A Civil penalty provisions

Enforceable civil penalty provisions

(1) Each civil penalty provision of this Act is enforceable under Part 4

of the Regulatory Powers Act.

Note:

Part 4 of the Regulatory Powers Act allows a civil penalty provision to

be enforced by obtaining an order for a person to pay a pecuniary

penalty for the contravention of the provision.

Authorised applicant

(2) For the purposes of Part 4 of the Regulatory Powers Act, the

Corporation, on behalf of the Commonwealth, is an authorised

applicant in relation to the civil penalty provisions of this Act.

(3) The Corporation may, by writing under its seal, delegate its powers

as an authorised applicant in relation to the civil penalty provisions

of this Act to:

(a) a Director; or

(b) a person employed by the Corporation; or

(d) a person employed by a person referred to in paragraph (c).

Schedule 4 Amendments of the Coal Mining Industry (Long Service Leave)

Legislation

Part 1 Amendments

Regulatory Powers (Standardisation Reform) Bill 2016

No. , 2016

Relevant court

(4) For the purposes of Part 4 of the Regulatory Powers Act, each of

the following courts is a relevant court in relation to the civil

penalty provisions of this Act:

(a) the Federal Court;

(b) the Federal Circuit Court.

Additional matters to be taken into account in determining a

pecuniary penalty

(5) In addition to the matters the court must take into account under

subsection 82(6) of the Regulatory Powers Act in determining the

pecuniary penalty for the contravention of a civil penalty provision

of this Act, if the person who contravened the civil penalty

provision is a body corporate, the court must take into account:

(a) the level of the employees, officers or agents of the body

corporate involved in the contravention; and

(b) whether the body corporate exercised due diligence to avoid

the contravention; and

conducive to compliance.

28 Division 3 of Part 7A (heading)

Repeal the heading.

29 Sections 49C to 49CD

Repeal the sections.

30 Subsection 49CE(1)

Omit "(1)".

31 At the end of subsection 49CE(1)

Add:

Civil penalty:

60 penalty units.

32 Subsection 49CE(2)

Repeal the subsection.

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Regulatory Powers (Standardisation Reform) Bill 2016

33 Paragraph 49CF(1)(a)

Omit "and the Payroll Levy Collection Act".

34 Paragraph 49CF(1)(b)

Omit "or the Payroll Levy Collection Act".

35 At the end of subsection 52A(5)

Add:

Civil penalty:

60 penalty units.

36 Subsection 52A(7)

Repeal the subsection (including the note).

Coal Mining Industry (Long Service Leave) Payroll Levy

Collection Act 1992

37 Section 3

Insert:

civil penalty provision has the same meaning as in the Regulatory

Powers Act.

executive officer has the same meaning as in the Coal Mining

Industry (Long Service Leave) Administration Act 1992.

Regulatory Powers Act means the Regulatory Powers (Standard

Provisions) Act 2014.

38 At the end of subsection 5(1)

Add:

Civil penalty:

40 penalty units.

39 Subsection 5(4)

Repeal the subsection (including the note).

40 At the end of subsection 10(1)

Add:

Schedule 4 Amendments of the Coal Mining Industry (Long Service Leave)

Legislation

Part 1 Amendments

Regulatory Powers (Standardisation Reform) Bill 2016

No. , 2016

Civil penalty:

40 penalty units.

41 Subsection 10(3)

Repeal the subsection (including the note).

42 At the end of subsection 10A(3)

Add:

Civil penalty:

40 penalty units.

43 Subsection 10A(5)

Repeal the subsection (including the note).

44 After section 13

Insert:

13A Civil penalty provisions

Enforceable civil penalty provisions

(1) Each civil penalty provision of this Act is enforceable under Part 4

of the Regulatory Powers Act.

Note:

Part 4 of the Regulatory Powers Act allows a civil penalty provision to

be enforced by obtaining an order for a person to pay a pecuniary

penalty for the contravention of the provision.

Authorised applicant

(2) For the purposes of Part 4 of the Regulatory Powers Act, the

Corporation, on behalf of the Commonwealth, is an authorised

applicant in relation to the civil penalty provisions of this Act.

(3) The Corporation may, by writing under its seal, delegate its powers

as an authorised applicant in relation to the civil penalty provisions

of this Act to:

(a) a member of the Board of Directors of the Corporation; or

(b) a person employed by the Corporation; or

(d) a person employed by a person referred to in paragraph (c).

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Amendments Part 1

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Regulatory Powers (Standardisation Reform) Bill 2016

Relevant court

(4) For the purposes of Part 4 of the Regulatory Powers Act, each of

the following courts is a relevant court in relation to the civil

penalty provisions of this Act:

(a) the Federal Court;

(b) the Federal Circuit Court.

Additional matters to be taken into account in determining a

pecuniary penalty

(5) In addition to the matters the court must take into account under

subsection 82(6) of the Regulatory Powers Act in determining the

pecuniary penalty for the contravention of a civil penalty provision

of this Act, if the person who contravened the civil penalty

provision is a body corporate, the court must take into account:

(a) the level of the employees, officers or agents of the body

corporate involved in the contravention; and

(b) whether the body corporate exercised due diligence to avoid

the contravention; and

conducive to compliance.

13B Civil penalty provisions contravened by executive officers

An executive officer of a body corporate contravenes this section

if:

(a) the body corporate contravenes a civil penalty provision; and

(b) the officer knew that the contravention would occur; and

body in relation to the contravention; and

(d) the officer failed to take all reasonable steps to prevent the

contravention.

Civil penalty:

60 penalty units.

13C Establishing whether an executive officer took reasonable steps

to prevent the contravention of a civil penalty provision

(1) For the purposes of section 13B, in determining whether an

executive officer of a body corporate failed to take all reasonable

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steps to prevent the contravention of a civil penalty provision, a

court is to have regard to:

(a) what action (if any) the officer took towards ensuring that the

body's employees, agents and contractors have a reasonable

knowledge and understanding of the requirements to comply

with this Act, in so far as those requirements affect the

employees, agents or contractors concerned; and

(b) what action (if any) the officer took when the officer became

aware that the body was contravening this Act.

(2) This section does not, by implication, limit the generality of

section 13B.

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Application and saving provisions Part 2

No. , 2016

Regulatory Powers (Standardisation Reform) Bill 2016

Part 2--Application and saving provisions

45 Application and saving provision

--civil penalties

(1)

Part 4 of the Regulatory Powers (Standard Provisions) Act 2014, as that

Part applies under Part 7A of the Coal Mining Industry (Long Service

Leave) Administration Act 1992, applies in relation to contraventions of

civil penalty provisions occurring on or after the commencement of this

Schedule.

(2)

Part 4 of the Regulatory Powers (Standard Provisions) Act 2014, as that

Part applies under section 13A of the Coal Mining Industry (Long

Service Leave) Payroll Levy Collection Act 1992, applies in relation to

contraventions of civil penalty provisions occurring on or after the

commencement of this Schedule.

(3)

Part 7A of the Coal Mining Industry (Long Service Leave)

Administration Act 1992, as in force immediately before the

commencement of this Schedule, continues to apply on and after the

commencement of this Schedule in relation to contraventions occurring

before that commencement of provisions declared to be civil penalty

provisions by the Coal Mining Industry (Long Service Leave)

Administration Act 1992 or the Coal Mining Industry (Long Service

Leave) Payroll Levy Collection Act 1992, as in force immediately

before the commencement of this Schedule.

Schedule 5 Amendment of the Defence Act 1903

Part 1 Amendments

Regulatory Powers (Standardisation Reform) Bill 2016

No. , 2016

Schedule 5--Amendment of the Defence Act

1903

Part 1--Amendments

Defence Act 1903

1 Subsection 4(1)

Insert:

Regulatory Powers Act means the Regulatory Powers (Standard

Provisions) Act 2014.

2 At the end of subsection 72TG(2)

Add:

Note:

See also section 72TO (about infringement notices for a contravention

of this section).

3 After section 72TN

Insert:

72TO Infringement notices

Provisions subject to an infringement notice

(1) A strict liability offence against subsection 72TG(1) is subject to

an infringement notice under Part 5 of the Regulatory Powers Act.

Note:

Part 5 of the Regulatory Powers Act creates a framework for using

infringement notices in relation to provisions.

Infringement officer

(2) The Secretary may, by written instrument, appoint one or more of

the following persons to be an infringement officer:

(a) a member of the Defence Force;

(b) an APS employee in the Department.

For the purposes of Part 5 of the Regulatory Powers Act, a person

so appointed is an infringement officer in relation to the provision

mentioned in subsection (1).

Amendment of the Defence Act 1903 Schedule 5

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Regulatory Powers (Standardisation Reform) Bill 2016

Relevant chief executive

(3) For the purposes of Part 5 of the Regulatory Powers Act, the

Secretary is the relevant chief executive in relation to the provision

mentioned in subsection (1).

(4) The Secretary may, in writing, delegate his or her powers and

functions as the relevant chief executive in relation to the provision

mentioned in subsection (1) to:

(a) an APS employee who holds or performs the duties of an

Executive Level 1 position, or an equivalent or higher

position, in the Department; or

(b) an officer of the Navy who holds the rank of Commander or

a higher rank; or

Lieutenant-Colonel or a higher rank; or

(d) an officer of the Air Force who holds the rank of Wing

Commander or a higher rank.

Additional matters to be included in infringement notices

(5) In addition to the matters mentioned in subsection 104(1) of the

Regulatory Powers Act, an infringement notice given in relation to

an alleged contravention of the provision mentioned in

subsection (1) of this section must also state that demerit points

may be incurred if:

(a) the amount payable under the notice is paid; or

(b) the person is convicted or found guilty of the alleged

contravention.

Withdrawal of an infringement notice

(6) Despite subparagraph 106(3)(b)(i) of the Regulatory Powers Act,

when deciding whether or not to withdraw an infringement notice

given to a person, the Secretary may take into account whether a

court has previously imposed a penalty on the person for a

contravention of section 72TC, 72TG or 72TJ of this Act.

Effect of payment of amount

(7) In addition to the matters mentioned in subsection 107(1) of the

Regulatory Powers Act, if the person to whom an infringement

Schedule 5 Amendment of the Defence Act 1903

Part 1 Amendments

Regulatory Powers (Standardisation Reform) Bill 2016

No. , 2016

notice is given for an alleged contravention of the provision

mentioned in subsection (1) of this section pays the amount stated

in the notice before the end of the period referred to in

paragraph 104(1)(h) of that Act, demerit points may be incurred in

accordance with Part 7 of the Rules.

Extension to external Territories

(8) Part 5 of the Regulatory Powers Act, as it applies in relation to the

provision mentioned in subsection (1), extends to every external

Territory.

4 Subsections 72TP(4) and (5)

Repeal the subsections.

Amendment of the Defence Act 1903 Schedule 5

Application and saving provision Part 2

No. , 2016

Regulatory Powers (Standardisation Reform) Bill 2016

Part 2--Application and saving provision

5 Application and saving provision

--infringement notices

(1)

Part 5 of the Regulatory Powers (Standard Provisions) Act 2014, as that

Part applies under section 72TO of the Defence Act 1903, applies in

relation to alleged contraventions of subsection 72TG(1) of the Defence

Act 1903 occurring on or after the commencement of this Schedule.

(2)

Part 6 of the Woomera Prohibited Area Rule 2014, as in force

immediately before the commencement of this Schedule, applies in

relation to alleged contraventions of subsection 72TG(1) of the Defence

Act 1903 occurring before the commencement of this Schedule.

(3)

If, immediately before the repeal of subsections 72TP(4) and (5) of the

Defence Act 1903 by item 4 of this Schedule, a person was an

authorised person for the purposes of Part 6 of the Woomera Prohibited

Area Rule 2014, on and after the commencement of that item, the

person is taken to have been appointed as an infringement officer by the

Secretary under subsection 72TO(2) of the Defence Act 1903.

(4)

Subitem (3) does not prevent the Secretary from:

(a) rescinding the appointment of a person who was an

authorised person immediately before the repeal of

subsections 72TP(4) and (5); or

(b) appointing that or another person as an infringement officer

under subsection 72TO(2) of the Defence Act 1903.

(5)

Nothing in this Schedule affects the application of Part 7 of the

Woomera Prohibited Area Rule 2014 to contraventions of

subsection 72TG(1) of the Defence Act 1903, whether occurring before,

on or after the commencement of this Schedule.

Schedule 6 Amendment of the Defence Reserve Service (Protection) Act 2001

Part 1 Amendments

Regulatory Powers (Standardisation Reform) Bill 2016

No. , 2016

Schedule 6--Amendment of the Defence

Reserve Service (Protection) Act 2001

Part 1--Amendments

Defence Reserve Service (Protection) Act 2001

1 Section 7

Insert:

Regulatory Powers Act means the Regulatory Powers (Standard

Provisions) Act 2014.

2 Section 75

Repeal the section, substitute:

75 Injunctions

Enforceable provisions

(1) The provisions of this Act are enforceable under Part 7 of the

Regulatory Powers Act.

Note 1:

The expression this Act has an extended meaning (see section 7).

Note 2:

Part 7 of the Regulatory Powers Act creates a framework for using

injunctions to enforce provisions.

Authorised person

(2) For the purposes of Part 7 of the Regulatory Powers Act, each of

the following persons is an authorised person in relation to the

provisions mentioned in subsection (1):

(a) an interested person;

(b) a prescribed person acting on behalf of an interested person.

Relevant court

(3) For the purposes of Part 7 of the Regulatory Powers Act, a court

mentioned in subsection 77(1) of this Act is a relevant court in

relation to the provisions mentioned in subsection (1) of this

section.

Schedule 6 Amendment of the Defence Reserve Service (Protection) Act 2001

Part 2 Application and saving provisions

Regulatory Powers (Standardisation Reform) Bill 2016

No. , 2016

Part 2--Application and saving provisions

3 Application and saving provisions

--injunctions

(1)

Part 7 of the Regulatory Powers (Standard Provisions) Act 2014, as that

Part applies under section 75 of the Defence Reserve Service

(Protection) Act 2001, applies in relation to contraventions occurring on

or after the commencement of this Schedule.

(2)

Section 75 of the Defence Reserve Service (Protection) Act 2001, as in

force immediately before the commencement of this Schedule,

continues to apply on and after that commencement in relation to

contraventions occurring before the commencement of this Schedule.

(3)

If, immediately before the repeal of section 75 of the Defence Reserve

Service (Protection) Act 2001 by item 2 of this Schedule, a person

holding or acting in a particular office was a prescribed person for the

purposes of paragraph 75(1)(b) of that Act, a person holding or acting in

that office is taken to be a prescribed person for the purposes of

paragraph 75(2)(b) of that Act, as that paragraph applies in relation to

contraventions occurring on or after the commencement of this

Schedule.

(4)

Subitem (3) does not prevent the regulations from being amended or

repealed by the Governor-General to change who is to be a prescribed

person for the purposes of paragraph 75(2)(b) of the Defence Reserve

Service (Protection) Act 2001.

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Regulatory Powers (Standardisation Reform) Bill 2016

Schedule 7--Amendment of the Greenhouse

and Energy Minimum Standards Act

2012

Part 1--Amendments

Greenhouse and Energy Minimum Standards Act 2012

1 Section 3

Omit:

Compliance and enforcement (Parts 7 and 8)

Compliance with the rules about supply and commercial use can be

monitored, and suspected contraventions can be investigated, by

GEMS inspectors appointed under the Act. The Act sets out the

circumstances in which inspections can take place, the powers of

inspectors and the requirements for obtaining warrants for entry to

premises without consent and, in the case of investigation warrants,

for the seizure of evidential material.

A contravention of this Act may result in prosecution for an

offence, exposure to liability for a civil penalty (under an

infringement notice or a court order), suspension or cancellation of

registration, the imposition of enforceable undertakings and court

orders for injunctions. Details of offences, contraventions and

adverse decisions, including the names of those involved, may also

be publicised.

substitute:

Monitoring, investigation and enforcement (Parts 7 and 8)

GEMS inspectors may enter public areas of premises used in

connection with the supply of GEMS products. GEMS inspectors

may purchase GEMS products there (and exercise certain other

powers) in order to investigate compliance with this Act.

Schedule 7 Amendment of the Greenhouse and Energy Minimum Standards Act 2012

Part 1 Amendments

Regulatory Powers (Standardisation Reform) Bill 2016

No. , 2016

GEMS inspectors and the GEMS Regulator have powers to

monitor compliance with this Act, to monitor whether information

given under this Act is correct and to investigate suspected

non-compliance with this Act. Infringement notices may be issued

for suspected contraventions of civil penalty provisions of this Act.

Enforceable undertakings and injunctions may be used to enforce

compliance with this Act.

Details of offences, contraventions and adverse decisions,

including the names of those involved, may also be publicised.

2 Section 5 (definition of civil penalty order)

Repeal the definition.

3 Section 5 (definition of civil penalty provision)

Repeal the definition, substitute:

civil penalty provision has the same meaning as in the Regulatory

Powers Act.

4 Section 5

Insert:

compliance obligation: each of the following is a compliance

obligation:

(a) an offence against this Act;

(b) a civil penalty provision of this Act;

that relates to this Act.

5 Section 5

Repeal the following definitions:

(a) definition of damage;

(b) definition of enforceable;

(d) definition of investigation powers;

(e) definition of investigation warrant;

(f) definition of monitoring powers;

(g) definition of monitoring warrant;

Amendment of the Greenhouse and Energy Minimum Standards Act 2012 Schedule 7

Amendments Part 1

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Regulatory Powers (Standardisation Reform) Bill 2016

(h) definition of person assisting.

6 Section 5

Insert:

Regulatory Powers Act means the Regulatory Powers (Standard

Provisions) Act 2014.

7 Section 5 (definition of related provision)

Repeal the definition.

8 Section 5 (after paragraph (a) of the definition of relevant

court)

Insert:

(aa) the Federal Circuit Court of Australia; or

9 Section 5 (definition of secure)

Repeal the definition.

10 Section 6

Repeal the section, substitute:

6 Contravening an offence provision or a civil penalty provision

(1) This section applies if a provision of this Act provides that a person

contravening another provision of this Act (the conduct provision)

commits an offence or is liable to a civil penalty.

Note:

The expression this Act has an extended meaning (see the Dictionary

in section 5).

(2) For the purposes of this Act, and the Regulatory Powers Act to the

extent that it relates to this Act, a reference to a contravention of an

offence provision or a civil penalty provision includes a reference

to a contravention of the conduct provision.

11 Subsection 7(3)

Repeal the subsection.

Schedule 7 Amendment of the Greenhouse and Energy Minimum Standards Act 2012

Part 1 Amendments

Regulatory Powers (Standardisation Reform) Bill 2016

No. , 2016

12 Subsection 16(5) (note 1)

Omit "section 144", substitute "section 94 of the Regulatory Powers

Act".

13 Subsection 16(6) (note 1)

Omit "section 144", substitute "section 94 of the Regulatory Powers

Act".

14 Subsection 16(8)

After "civil penalty order", insert "under the Regulatory Powers Act".

15 Subsection 17(5) (note 1)

Omit "section 144", substitute "section 94 of the Regulatory Powers

Act".

16 Subsection 17(6) (note 1)

Omit "section 144", substitute "section 94 of the Regulatory Powers

Act".

17 Subsection 17(8)

After "civil penalty order", insert "under the Regulatory Powers Act".

18 Subsection 18(5) (note 1)

Omit "section 144", substitute "section 94 of the Regulatory Powers

Act".

19 Subsection 18(6) (note 1)

Omit "section 144", substitute "section 94 of the Regulatory Powers

Act".

20 Subsection 18(8)

After "civil penalty order", insert "under the Regulatory Powers Act".

21 Subsection 19(5) (note 1)

Omit "section 144", substitute "section 94 of the Regulatory Powers

Act".

Amendment of the Greenhouse and Energy Minimum Standards Act 2012 Schedule 7

Amendments Part 1

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Regulatory Powers (Standardisation Reform) Bill 2016

22 Subsection 19(6) (note 1)

Omit "section 144", substitute "section 94 of the Regulatory Powers

Act".

23 Subsection 19(8)

After "civil penalty order", insert "under the Regulatory Powers Act".

24 Subsection 55(3) (note)

Omit "section 144", substitute "section 94 of the Regulatory Powers

Act".

25 Subsection 59(1) (note)

Repeal the note.

26 Paragraph 59(3)(b)

Omit "related provision", substitute "compliance obligation".

27 At the end of paragraph 59(3)(c)

Add "under the Regulatory Powers Act".

28 At the end of section 59

Add:

Powers conferred personally

(5) A power conferred on an issuing officer by this section is conferred

on the issuing officer:

(a) in a personal capacity; and

(b) not as a court or a member of a court.

Powers need not be accepted

(6) The issuing officer need not accept the power conferred.

Protection and immunity

(7) An issuing officer exercising a power conferred by this section has

the same protection and immunity as if the issuing officer were

exercising the power:

(a) as the court of which the issuing officer is a member; or

Schedule 7 Amendment of the Greenhouse and Energy Minimum Standards Act 2012

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(b) as a member of the court of which the issuing officer is a

member.

29 Subsection 62(3) (note)

Omit "section 144", substitute "section 94 of the Regulatory Powers

Act".

30 Section 81

Omit:

Division 4 (monitoring) authorises a GEMS inspector to enter

premises and exercise a range of powers (monitoring powers) for

the purposes of monitoring compliance with this Act. An inspector

may do so with the occupier's consent or under a monitoring

warrant (issued by a magistrate or judge (an issuing officer)). If

evidence of a contravention of this Act is found, the inspector may

secure the evidence for up to 24 hours (or for an extended period

authorised by an issuing officer).

Division 5 (investigation) authorises a GEMS inspector to enter

premises and exercise a range of powers (investigation powers) if

the inspector has reasonable grounds for suspecting that there is

something on the premises that is connected with a contravention

of this Act. An inspector may enter the premises with the

occupier's consent or under an investigation warrant issued by an

issuing officer. An investigation warrant also authorises the

inspector to seize that thing, or similar things, as specified in the

warrant.

Division 6 contains rules relevant to both monitoring and

investigation, such as the obligations and other powers of GEMS

inspectors when entering premises, and the rights and

responsibilities of occupiers.

substitute:

Division 4 applies the Regulatory Powers Act to allow GEMS

inspectors to enter premises under a monitoring warrant or with

consent of the occupier and to exercise monitoring powers there

under that Act, for the purposes of determining:

Amendment of the Greenhouse and Energy Minimum Standards Act 2012 Schedule 7

Amendments Part 1

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Regulatory Powers (Standardisation Reform) Bill 2016

(a)

whether this Act has been, or is being, complied with; or

(b)

whether information given in compliance or purported

compliance with this Act is correct.

Division 5 applies the Regulatory Powers Act to allow GEMS

inspectors to enter premises under an investigation warrant or with

consent of the occupier and to exercise investigation powers there

under that Act, for the purposes of gathering material that relates to

the contravention of offence and civil penalty provisions in this

Act.

31 Section 81

Omit:

Division 9 deals with the powers of issuing officers in relation to

the issue of warrants.

32 Sections 84 and 85

Repeal the sections.

33 Paragraph 86(2)(c)

Omit "related provision", substitute "compliance obligation".

34 Subsection 86(4)

Omit "Division 4, 5 or 6 of this Part", substitute "the Regulatory Powers

Act".

35 Divisions 4 to 6 of Part 7

Repeal the Divisions, substitute:

Division 4--Monitoring

87 Monitoring powers

Provisions subject to monitoring

(1) A provision is subject to monitoring under Part 2 of the Regulatory

Powers Act if it is:

Schedule 7 Amendment of the Greenhouse and Energy Minimum Standards Act 2012

Part 1 Amendments

Regulatory Powers (Standardisation Reform) Bill 2016

No. , 2016

(a) a provision of this Act; or

(b) an offence against the Crimes Act 1914 or the Criminal Code

that relates to this Act.

Note:

Part 2 of the Regulatory Powers Act creates a framework for

monitoring whether this Act has been complied with. It includes

powers of entry and inspection.

Information subject to monitoring

(2) Information given in compliance or purported compliance with a

provision of this Act is subject to monitoring under Part 2 of the

Regulatory Powers Act.

Note 1:

The expression this Act has an extended meaning (see the Dictionary

in section 5).

Note 2:

Part 2 of the Regulatory Powers Act creates a framework for

monitoring whether the information is correct. It includes powers of

entry and inspection.

Related provisions

(3) For the purposes of Part 2 of the Regulatory Powers Act, as that

Part applies in relation to the provisions mentioned in

subsection (1) and information mentioned in subsection (2), there

are no related provisions.

Authorised applicant

(4) For the purposes of Part 2 of the Regulatory Powers Act, a GEMS

inspector is an authorised applicant in relation to the provisions

mentioned in subsection (1) and the information mentioned in

subsection (2).

Authorised person

(5) For the purposes of Part 2 of the Regulatory Powers Act, a GEMS

inspector is an authorised person in relation to the provisions

mentioned in subsection (1) and the information mentioned in

subsection (2).

Issuing officer

(6) If a person is an issuing officer for the purposes of this Act, then,

for the purposes of Part 2 of the Regulatory Powers Act, the person

Amendment of the Greenhouse and Energy Minimum Standards Act 2012 Schedule 7

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is an issuing officer in relation to the provisions mentioned in

subsection (1) and the information mentioned in subsection (2).

Relevant chief executive

(7) For the purposes of Part 2 of the Regulatory Powers Act, the

GEMS Regulator is the relevant chief executive in relation to the

provisions mentioned in subsection (1) and the information

mentioned in subsection (2).

(8) The GEMS Regulator may, by writing, delegate one or more of his

or her powers or functions as the relevant chief executive under

Part 2 of the Regulatory Powers Act, in relation to the provisions

mentioned in subsection (1) and the information mentioned in

subsection (2), to an officer or employee of an agency (however

described) of the Commonwealth, a State or a Territory.

(9) However, the GEMS Regulator must not delegate a power or

function, under subsection (8), to an officer or employee of an

agency of a State or Territory without the agreement of the State or

Territory.

(10) A delegate of the GEMS Regulator is subject to the GEMS

Regulator's directions while exercising the delegate's delegated

powers and functions.

Identity card for the GEMS Regulator

(11) Despite subsection 35(1) of the Regulatory Powers Act, the

Secretary must issue an identity card to the GEMS Regulator.

Relevant court

(12) If a court is a relevant court for the purposes of this Act, then, for

the purposes of Part 2 of the Regulatory Powers Act, the court is a

relevant court in relation to the provisions mentioned in

subsection (1) and the information mentioned in subsection (2).

Person assisting

(13) For the purposes of Part 2 of the Regulatory Powers Act, a GEMS

inspector may be assisted by other persons in exercising powers or

performing functions or duties under that Part in relation to the

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provisions mentioned in subsection (1) and the information

mentioned in subsection (2).

Use of force in executing a warrant

(14) In executing a monitoring warrant under Part 2 of the Regulatory

Powers Act as that Part applies in relation to the provisions

mentioned in subsection (1) and the information mentioned in

subsection (2):

(a) a GEMS inspector may use such force against things as is

necessary and reasonable in the circumstances; and

(b) a person assisting a GEMS inspector may use such force

against things as is necessary and reasonable in the

circumstances.

Extension to external Territories

(15) Part 2 of the Regulatory Powers Act, as that Part applies in relation

to the provisions mentioned in subsection (1) and the information

mentioned in subsection (2), extends to every external Territory.

Division 5--Investigation

88 Investigation powers

Provisions subject to investigation

(1) Each compliance obligation is subject to investigation under Part 3

of the Regulatory Powers Act.

Note:

Part 3 of the Regulatory Powers Act creates a framework for

investigating whether a provision has been contravened. It includes

powers of entry, search and seizure.

Related provisions

(2) For the purposes of Part 3 of the Regulatory Powers Act, as that

Part applies in relation to evidential material that relates to a

compliance obligation, there are no related provisions.

Amendment of the Greenhouse and Energy Minimum Standards Act 2012 Schedule 7

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Authorised applicant

(3) For the purposes of Part 3 of the Regulatory Powers Act, a GEMS

inspector is an authorised applicant in relation to evidential

material that relates to a compliance obligation.

Authorised person

(4) For the purposes of Part 3 of the Regulatory Powers Act, a GEMS

inspector is an authorised person in relation to evidential material

that relates to a compliance obligation.

Issuing officer

(5) If a person is an issuing officer for the purposes of this Act, then,

for the purposes of Part 3 of the Regulatory Powers Act, the person

is an issuing officer in relation to evidential material that relates to

a compliance obligation.

Relevant chief executive

(6) For the purposes of Part 3 of the Regulatory Powers Act, the

GEMS Regulator is the relevant chief executive in relation to

evidential material that relates to a compliance obligation.

(7) The GEMS Regulator may, by writing, delegate one or more of his

or her powers or functions as the relevant chief executive under

Part 3 of the Regulatory Powers Act, in relation to evidential

material that relates to a compliance obligation, to an officer or

employee of an agency (however described) of the

Commonwealth, a State or a Territory.

(8) However, the GEMS Regulator must not delegate a power or

function, under subsection (7), to an officer or employee of an

agency of a State or Territory without the agreement of the State or

Territory.

(9) A delegate of the GEMS Regulator is subject to the GEMS

Regulator's directions while exercising the delegate's delegated

powers and functions.

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Identity card for the GEMS Regulator

(10) Despite subsection 76(1) of the Regulatory Powers Act, the

Secretary must issue an identity card to the GEMS Regulator.

Relevant court

(11) If a court is a relevant court for the purposes of this Act, then, for

the purposes of Part 3 of the Regulatory Powers Act, the court is a

relevant court in relation to evidential material that relates to a

compliance obligation.

Person assisting

(12) For the purposes of Part 3 of the Regulatory Powers Act, a GEMS

inspector may be assisted by other persons in exercising powers or

performing functions or duties under that Part in relation to

evidential material that relates to a compliance obligation.

Use of force in executing a warrant

(13) In executing an investigation warrant under Part 3 of the

Regulatory Powers Act as that Part applies in relation to evidential

material that relates to a compliance obligation:

(a) a GEMS inspector may use such force against things as is

necessary and reasonable in the circumstances; and

(b) a person assisting a GEMS inspector may use such force

against things as is necessary and reasonable in the

circumstances.

Extension to external Territories

(14) Part 3 of the Regulatory Powers Act, as that Part applies in relation

to a compliance obligation, extends to every external Territory.

36 Paragraph 126(1)(d)

Repeal the paragraph, substitute:

(d) a GEMS product seized under Part 3 of the Regulatory

Powers Act, as that Part applies under section 88 of this Act.

37 Division 9 of Part 7

Repeal the Division.

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Regulatory Powers (Standardisation Reform) Bill 2016

38 Section 128

Omit:

Division 2 allows a court to order a person to pay a pecuniary

penalty for contravening a civil penalty provision of this Act.

Division 3 allows GEMS inspectors to give infringement notices

for alleged contraventions of civil penalty provisions of this Act. If

a person does not pay an amount in accordance with the notice, the

person may be required to pay a higher amount under a civil

penalty order, or be subject to a criminal prosecution (if the alleged

contravention also constitutes an offence).

Division 4 deals with enforceable undertakings. If a person gives

an undertaking relating to complying with this Act, the undertaking

may be enforced by a court order.

Division 5 allows injunctions to be sought for contraventions, or

potential contraventions, of this Act.

Division 6 allows the GEMS Regulator to publicise details of

enforcement action taken under this Part, including the names of

persons in relation to whom the action has been taken. In addition,

certain adverse decisions relating to the registration of models of

GEMS products may be publicised, including the names of

registrants.

substitute:

Division 2 provides that a civil penalty provision of this Act is

enforceable under Part 4 of the Regulatory Powers Act. A relevant

court may order a person contravening a civil penalty provision to

pay to the Commonwealth a pecuniary penalty.

Division 3 provides that infringement notices under Part 5 of the

Regulatory Powers Act may be issued for suspected contraventions

of civil penalty provisions of this Act. Such a notice allows a

person to pay an amount as an alternative to having court

proceedings brought against the person for the contravention.

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No. , 2016

Division 4 provides that undertakings to comply with this Act may

be accepted and enforced under Part 6 of the Regulatory Powers

Act. If a person gives such an undertaking, the undertaking may be

enforced by a court order.

Division 5 provides that injunctions (including interim injunctions)

under Part 7 of the Regulatory Powers Act may be used to restrain

a person from contravening a provision of this Act or to compel

compliance with a provision of this Act.

Division 6 allows the GEMS Regulator to publicise details of

enforcement action taken under the Regulatory Powers Act,

including the names of persons in relation to whom the action has

been taken. In addition, certain adverse decisions relating to the

registration of models of GEMS products may be publicised,

including the names of registrants.

39 Divisions 2 to 5 of Part 8

Repeal the Divisions, substitute:

Division 2--Civil penalties

129 Civil penalty provisions

Enforceable civil penalty provisions

(1) Each civil penalty provision of this Act is enforceable under Part 4

of the Regulatory Powers Act.

Note:

Part 4 of the Regulatory Powers Act allows a civil penalty provision to

be enforced by obtaining an order for a person to pay a pecuniary

penalty for the contravention of the provision.

Authorised applicant

(2) For the purposes of Part 4 of the Regulatory Powers Act, the

GEMS Regulator is an authorised applicant in relation to the civil

penalty provisions of this Act.

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Relevant court

(3) If a court is a relevant court for the purposes of this Act, then, for

the purposes of Part 4 of the Regulatory Powers Act, the court is a

relevant court in relation to the civil penalty provisions of this Act.

Exceptions etc. to civil penalty provisions--burden of proof

(4) Section 96 (Exceptions etc. to civil penalty provisions--burden of

proof) of the Regulatory Powers Act does not apply in relation to

proceedings for a civil penalty order for a contravention of a civil

penalty provision under Part 3 of this Act.

Extension to external Territories

(5) Part 4 of the Regulatory Powers Act, as that Part applies in relation

to the civil penalty provisions of this Act, extends to every external

Territory.

Liability of Crown

(6) To avoid doubt, subsection 7(2) does not prevent the Crown from

being liable to pay a pecuniary penalty under a civil penalty order

under Part 4 of the Regulatory Powers Act, as that Part applies in

relation to this Act.

Division 3--Infringement notices

130 Infringement notices

Provisions subject to an infringement notice

(1) A civil penalty provision of this Act is subject to an infringement

notice under Part 5 of the Regulatory Powers Act.

Note:

Part 5 of the Regulatory Powers Act creates a framework for using

infringement notices in relation to provisions.

Infringement officer

(2) For the purposes of Part 5 of the Regulatory Powers Act, a GEMS

inspector is an infringement officer in relation to the provisions

mentioned in subsection (1).

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Part 1 Amendments

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No. , 2016

Relevant chief executive

(3) For the purposes of Part 5 of the Regulatory Powers Act, the

GEMS Regulator is the relevant chief executive in relation to the

provisions mentioned in subsection (1).

(4) The GEMS Regulator may, by writing, delegate one or more of his

or her powers or functions as the relevant chief executive under

Part 5 of the Regulatory Powers Act, in relation to the provisions

mentioned in subsection (1), to an officer or employee of an

agency (however described) of the Commonwealth, a State or a

Territory.

(5) However, the GEMS Regulator must not delegate a power or

function, under subsection (4), to an officer or employee of an

agency of a State or Territory without the agreement of the State or

Territory.

(6) A delegate of the GEMS Regulator is subject to the GEMS

Regulator's directions while exercising the delegate's delegated

powers and functions.

Additional matters to be included in infringement notices

(7) In addition to the matters included in subsection 104(1) of the

Regulatory Powers Act, an infringement notice given in relation to

an alleged contravention of a provision mentioned in subsection (1)

must also state that the giving of the notice and the payment of the

amount payable under the notice may be publicised under

section 162 of this Act.

Extension to external Territories

(8) Part 5 of the Regulatory Powers Act, as that Part applies in relation

to the provisions mentioned in subsection (1), extends to every

external Territory.

Liability of Crown

(9) To avoid doubt, subsection 7(2) does not prevent the Crown from

being liable to be given an infringement notice under Part 5 of the

Regulatory Powers Act, as that Part applies in relation to this Act.

Amendment of the Greenhouse and Energy Minimum Standards Act 2012 Schedule 7

Amendments Part 1

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Division 4--Enforceable undertakings

131 Enforceable undertakings

Enforceable provisions

(1) A provision is enforceable under Part 6 of the Regulatory Powers

Act if it is:

(a) an offence against this Act; or

(b) a civil penalty provision of this Act.

Note 1:

The expression this Act has an extended meaning (see the Dictionary

in section 5).

Note 2:

Part 6 of the Regulatory Powers Act creates a framework for accepting

and enforcing undertakings relating to compliance with provisions.

Authorised person

(2) For the purposes of Part 6 of the Regulatory Powers Act, the

GEMS Regulator is an authorised person in relation to the

provisions mentioned in subsection (1).

Relevant court

(3) If a court is a relevant court for the purposes of this Act, then, for

the purposes of Part 6 of the Regulatory Powers Act, the court is a

relevant court in relation to the provisions mentioned in

subsection (1).

Other undertakings

(4) The GEMS Regulator may accept a written undertaking given by a

person that the person will, in order to provide compensation for

loss or damage suffered as a result of a contravention by the person

of a provision mentioned in subsection (1), pay another person an

amount worked out in accordance with the undertaking. The

undertaking must be expressed to be an undertaking under this

subsection.

(5) The power in subsection (4) is in addition to the power of the

GEMS Regulator under subsection 114(1) of the Regulatory

Powers Act.

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Part 1 Amendments

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No. , 2016

(6) Part 6 of the Regulatory Powers Act, other than subsection 114(1),

applies to an undertaking accepted under subsection (4) of this

section as if it were an undertaking accepted under

subsection 114(1) of the Regulatory Powers Act.

Extension to external Territories

(7) Part 6 of the Regulatory Powers Act, as that Part applies in relation

to the provisions mentioned in subsection (1), extends to every

external Territory.

Division 5--Injunctions

132 Injunctions

Enforceable provisions

(1) A provision is enforceable under Part 7 of the Regulatory Powers

Act if it is:

(a) an offence against Part 3 or 5 of this Act; or

(b) a civil penalty provision of Part 3 or 5 of this Act.

Note:

Part 7 of the Regulatory Powers Act creates a framework for using

injunctions to enforce provisions.

Authorised person

(2) For the purposes of Part 7 of the Regulatory Powers Act, the

GEMS Regulator is an authorised person in relation to the

provisions mentioned in subsection (1).

Relevant court

(3) If a court is a relevant court for the purposes of this Act, then, for

the purposes of Part 7 of the Regulatory Powers Act, the court is a

relevant court in relation to the provisions mentioned in

subsection (1).

Consent injunctions

(4) A relevant court may grant an injunction under Part 7 of the

Regulatory Powers Act in relation to a provision mentioned in

subsection (1) by consent of all the parties to proceedings brought

Amendment of the Greenhouse and Energy Minimum Standards Act 2012 Schedule 7

Amendments Part 1

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under that Part, whether or not the court is satisfied that

section 121 of that Act applies.

Extension to external Territories

(5) Part 7 of the Regulatory Powers Act, as that Part applies in relation

to the provisions mentioned in subsection (1), extends to every

external Territory.

40 Paragraph 162(1)(b)

After "civil penalty order", insert "under the Regulatory Powers Act".

41 Paragraph 162(1)(b)

After "provision", insert "of this Act".

42 Paragraph 162(1)(c)

Omit "under section 146", substitute ", in relation to a civil penalty

provision of this Act, under section 103 of the Regulatory Powers Act".

43 Paragraph 162(1)(c)

After "provision", insert "of this Act".

44 Paragraph 162(1)(d)

Omit "an infringement notice given under section 146", substitute "such

an infringement notice".

45 Paragraph 162(1)(e)

Omit "that an undertaking given under section 154 by a person has been

accepted", substitute "that an undertaking, in relation to this Act, has

been accepted under subsection 114(1) of the Regulatory Powers Act

(including because of subsection 131(6) of this Act)".

46 Paragraph 162(1)(f)

Omit "that an order has been made against a person under

subsection 155(2) in relation to a breach of an undertaking given under

section 154", substitute "that an order has been made against a person

under subsection 115(2) of the Regulatory Powers Act in relation to a

breach of such an undertaking".

Amendment of the Greenhouse and Energy Minimum Standards Act 2012 Schedule 7

Application and saving provisions Part 2

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Regulatory Powers (Standardisation Reform) Bill 2016

Part 2--Application and saving provisions

48 Saving provision

--suppling GEMS products

Subsections 16(8), 17(8), 18(8) and 19(8) of the Greenhouse and

Energy Minimum Standards Act 2012, as in force immediately before

the commencement of this Schedule, continue to apply on and after that

commencement in relation to proceedings for a civil penalty order

instituted under Division 2 of Part 8 of that Act before the

commencement of this Schedule.

49 Application and saving provision

--retention of GEMS

products

(1)

The amendment of paragraph 59(3)(c) of the Greenhouse and Energy

Minimum Standards Act 2012 made by this Schedule does not affect the

validity of an order made under subsection 59(3) of that Act before the

commencement of this Schedule.

(2)

Subsection 59(7) of the Greenhouse and Energy Minimum Standards

Act 2012, as added by this Schedule, applies in relation to a power

exercised before, on or after the commencement of this Schedule.

50 Saving provision

--identity cards

Despite the repeal of section 85 of the Greenhouse and Energy

Minimum Standards Act 2012 made by this Schedule, that section, as in

force immediately before the commencement of this Schedule,

continues to apply on and after that commencement in relation to a

person who ceased to be a GEMS inspector before the commencement

of this Schedule.

51 Application and saving provision

--monitoring

(1)

Part 2 of the Regulatory Powers (Standard Provisions) Act 2014, as that

Part applies under Division 4 of Part 7 of the Greenhouse and Energy

Minimum Standards Act 2012, applies in relation to the following:

(a) determining compliance with the compliance obligations

(within the meaning of the Greenhouse and Energy Minimum

Standards Act 2012) before, on or after the commencement

of this Schedule;

Schedule 7 Amendment of the Greenhouse and Energy Minimum Standards Act 2012

Part 2 Application and saving provisions

Regulatory Powers (Standardisation Reform) Bill 2016

No. , 2016

(b) determining whether information given before, on or after

that commencement in compliance, or purported compliance,

with this Act (within the meaning of the Greenhouse and

Energy Minimum Standards Act 2012) is correct.

(2)

Sections 84 and 85 and Divisions 4 and 6 of Part 7 of the Greenhouse

and Energy Minimum Standards Act 2012, as in force immediately

before the commencement of this Schedule, continue to apply on and

after that commencement in relation to the following:

(a) an application for a monitoring warrant made, but not

decided, under that Part before that commencement;

(b) a monitoring warrant issued under that Part before, on or

after that commencement as a result of an application made

before that commencement;

that Part before, on or after that commencement as a result

of:

(i) an entry onto premises before that commencement with

the consent of the occupier of the premises; or

(ii) an entry onto premises before, on or after that

commencement as a result of a monitoring warrant

referred to in paragraph (b);

(d) a requirement made under subsection 118(3) of that Act

before, on or after that commencement.

52 Application and saving provision

--investigation

(1)

Part 3 of the Regulatory Powers (Standard Provisions) Act 2014, as that

Part applies under Division 5 of Part 7 of the Greenhouse and Energy

Minimum Standards Act 2012, applies in relation to contraventions

occurring before, on or after the commencement of this Schedule.

(2)

Sections 84 and 85 and Divisions 5 and 6 of Part 7 of the Greenhouse

and Energy Minimum Standards Act 2012, as in force immediately

before the commencement of this Schedule, continue to apply on and

after that commencement in relation to the following:

(a) an application for an investigation warrant made, but not

decided, under that Part before that commencement;

(b) an investigation warrant issued under that Part before, on or

after that commencement as a result of an application made

before that commencement;

Amendment of the Greenhouse and Energy Minimum Standards Act 2012 Schedule 7

Application and saving provisions Part 2

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Regulatory Powers (Standardisation Reform) Bill 2016

that Part before, on or after that commencement as a result

of:

(i) an entry onto premises before that commencement with

the consent of the occupier of the premises; or

(ii) an entry onto premises before, on or after that

commencement as a result of an investigation warrant

referred to in paragraph (b);

(d) things seized under that Part before, on or after that

commencement;

(e) a requirement made under subsection 118(3) of that Act

before, on or after that commencement.

53 Saving provision

--testing of GEMS products etc.

Despite the repeal and substitution of paragraph 126(1)(d) of the

Greenhouse and Energy Minimum Standards Act 2012 made by this

Schedule, that paragraph, as in force immediately before the

commencement of this Schedule, continues to apply on and after that

commencement in relation to a GEMS product seized under section 96

or 100 of that Act before, on or after the commencement of this

Schedule.

54 Saving provision

--issuing officers

Division 9 of Part 7 of the Greenhouse and Energy Minimum Standards

Act 2012, as in force immediately before the commencement of this

Schedule, continues to apply on and after that commencement in

relation to the following:

(a) a power conferred on an issuing officer under that Part before

that commencement;

(b) a power exercised by an issuing officer under that Part

before, on or after that commencement.

55 Application and saving provision

--civil penalties

(1)

Part 4 of the Regulatory Powers (Standard Provisions) Act 2014, as that

Part applies under Division 2 of Part 8 of the Greenhouse and Energy

Minimum Standards Act 2012, applies in relation to contraventions of

civil penalty provisions occurring on or after the commencement of this

Schedule.

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Part 2 Application and saving provisions

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(2)

Division 2 of Part 8 of the Greenhouse and Energy Minimum Standards

Act 2012, as in force immediately before the commencement of this

Schedule, continues to apply on and after that commencement in

relation to contraventions of civil penalty provisions occurring before

the commencement of this Schedule.

56 Application and saving provision

--infringement notices

(1)

Part 5 of the Regulatory Powers (Standard Provisions) Act 2014, as that

Part applies under Division 3 of Part 8 of the Greenhouse and Energy

Minimum Standards Act 2012, applies in relation to alleged

contraventions of civil penalty provisions occurring on or after the

commencement of this Schedule.

(2)

Division 3 of Part 8 of the Greenhouse and Energy Minimum Standards

Act 2012, as in force immediately before the commencement of this

Schedule, continues to apply on and after that commencement in

relation to alleged contraventions of civil penalty provisions occurring

before the commencement of this Schedule.

57 Saving provision

--enforceable undertakings

(1)

Part 6 of the Regulatory Powers (Standard Provisions) Act 2014, as that

Part applies under Division 4 of Part 8 of the Greenhouse and Energy

Minimum Standards Act 2012, applies in relation to undertakings given

on or after the commencement of this Schedule.

(2)

Division 4 of Part 8 of the Greenhouse and Energy Minimum Standards

Act 2012, as in force immediately before the commencement of this

Schedule, continues to apply on and after that commencement in

relation to the following:

(a) an undertaking given under that Division before the

commencement of this Schedule;

(b) an application for an order made, but not decided, under that

Division before the commencement of this Schedule;

commencement of this Schedule as a result of an application

made before that commencement.

58 Application and saving provision

--injunctions

(1)

Part 7 of the Regulatory Powers (Standard Provisions) Act 2014, as that

Part applies under Division 5 of Part 8 of the Greenhouse and Energy

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Application and saving provisions Part 2

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Regulatory Powers (Standardisation Reform) Bill 2016

Minimum Standards Act 2012, applies in relation to contraventions

occurring on or after the commencement of this Schedule.

(2)

Division 5 of Part 8 of the Greenhouse and Energy Minimum Standards

Act 2012, as in force immediately before the commencement of this

Schedule, continues to apply on and after that commencement in

relation to contraventions occurring before the commencement of this

Schedule.

59 Saving provision

--publicising certain offences,

contraventions and adverse decisions

Despite the amendments of paragraphs 162(1)(b), (c), (d), (e), (f) and

(g) of the Greenhouse and Energy Minimum Standards Act 2012 made

by this Schedule, those paragraphs, as in force immediately before the

commencement of this Schedule, continue to apply on and after that

commencement in relation to the following:

(a) a civil penalty order made under Division 2 of Part 8 of that

Act before, on or after that commencement;

(b) an infringement notice given under section 146 of that Act

before that commencement;

that commencement;

(d) an order made under subsection 155(2) of that Act before, on

or after that commencement;

(e) an injunction granted under section 157 of that Act before, on

or after that commencement.

Schedule 8 Amendment of the Horse Disease Response Levy Collection Act 2011

Part 1 Amendments

Regulatory Powers (Standardisation Reform) Bill 2016

No. , 2016

Schedule 8--Amendment of the Horse

Disease Response Levy Collection Act

2011

Part 1--Amendments

Horse Disease Response Levy Collection Act 2011

1 Section 3

Repeal the following definitions:

(a) definition of damage;

(b) definition of monitoring powers;

(d) definition of person assisting;

(e) definition of premises.

2 Section 3

Insert:

Regulatory Powers Act means the Regulatory Powers (Standard

Provisions) Act 2014.

3 Part 3 (heading)

Repeal the heading, substitute:

Part 3--Enforcement

4 Division 2 of Part 3

Repeal the Division, substitute:

Amendment of the Horse Disease Response Levy Collection Act 2011 Schedule 8

Amendments Part 1

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Regulatory Powers (Standardisation Reform) Bill 2016

Division 2--Monitoring

Subdivision A--Monitoring powers

13 Monitoring powers

Provisions subject to monitoring

(1) The levy law is subject to monitoring under Part 2 of the

Regulatory Powers Act.

Note:

Part 2 of the Regulatory Powers Act creates a framework for

monitoring whether the levy law has been complied with. It includes

powers of entry and inspection.

Information subject to monitoring

(2) Information given in compliance or purported compliance with the

levy law or Division 1 of this Part is subject to monitoring under

Part 2 of the Regulatory Powers Act.

Note:

Part 2 of the Regulatory Powers Act creates a framework for

monitoring whether the information is correct. It includes powers of

entry and inspection.

Related provisions

(3) For the purposes of Part 2 of the Regulatory Powers Act, as that

Part applies in relation to the levy law and to the information

mentioned in subsection (2), there are no related provisions.

Authorised applicant

(4) If a person is an authorised person for the purposes of any

provision of this Act, then, for the purposes of Part 2 of the

Regulatory Powers Act, the person is an authorised applicant in

relation to the levy law and to the information mentioned in

subsection (2).

Authorised person

(5) If a person is an authorised person for the purposes of any

provision of this Act, then, for the purposes of Part 2 of the

Regulatory Powers Act, the person is an authorised person in

Schedule 8 Amendment of the Horse Disease Response Levy Collection Act 2011

Part 1 Amendments

Regulatory Powers (Standardisation Reform) Bill 2016

No. , 2016

relation to the levy law and to the information mentioned in

subsection (2).

Issuing officer

(6) For the purposes of Part 2 of the Regulatory Powers Act, a

magistrate is an issuing officer in relation to the levy law and to the

information mentioned in subsection (2).

Relevant chief executive

(7) For the purposes of Part 2 of the Regulatory Powers Act, the

Secretary is the relevant chief executive in relation to the levy law

and to the information mentioned in subsection (2).

(8) The Secretary may, in writing, delegate the powers under Part 2 of

the Regulatory Powers Act in relation to the levy law, or in relation

to the information mentioned in subsection (2), to an APS

employee in the Department.

(9) In the exercise of a power delegated under subsection (8), a

delegate is subject to the directions of the Secretary.

(10) If the Secretary gives a direction under subsection (9) in writing,

the direction is not a legislative instrument.

Relevant court

(11) For the purposes of Part 2 of the Regulatory Powers Act, each of

the following courts is a relevant court in relation to the levy law

and to the information mentioned in subsection (2):

(a) the Federal Court of Australia;

(b) the Federal Circuit Court of Australia.

Additional monitoring powers

(12) For the purposes of determining:

(a) whether a provision of the levy law has been, or is being,

complied with; or

(b) the correctness of information mentioned in subsection (2);

the additional power mentioned in subsection (13) is taken to be

included in the monitoring powers under Part 2 of the Regulatory

Powers Act.

Amendment of the Horse Disease Response Levy Collection Act 2011 Schedule 8

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Regulatory Powers (Standardisation Reform) Bill 2016

(13) The additional monitoring power is the power to seize any thing at

any premises entered under section 18 of the Regulatory Powers

Act, as that section applies in relation to the levy law or the

information mentioned in subsection (2).

Person assisting

(14) For the purposes of Part 2 of the Regulatory Powers Act, an

authorised person may be assisted by other persons in exercising

powers or performing functions or duties under that Part in relation

to the levy law and to the information mentioned in subsection (2).

Subdivision B--General provisions relating to seizure

14 Copies of seized things to be provided

(1) This section applies if an authorised person seizes one or more of

the following from the premises under Part 2 of the Regulatory

Powers Act, as that Part applies in relation to the levy law and to

the information mentioned in subsection 13(2) of this Act:

(a) a document, film, computer file or other thing that can be

readily copied;

(b) a storage device, the information in which can be readily

copied.

(2) The occupier of the premises, or another person who apparently

represents the occupier and who is present when the seizure occurs,

may request the authorised person to give a copy of the thing or the

information to the occupier or other person.

(3) The authorised person must comply with the request as soon as

practicable after the seizure.

(4) However, the authorised person is not required to comply with the

request if possession of the document, film, computer file, thing or

information by the occupier or other person could constitute an

offence against a law of the Commonwealth.

15 Receipts for seized things

(1) The authorised person must provide a receipt for a thing that is

seized under Part 2 of the Regulatory Powers Act, as that Part

Schedule 8 Amendment of the Horse Disease Response Levy Collection Act 2011

Part 1 Amendments

Regulatory Powers (Standardisation Reform) Bill 2016

No. , 2016

applies in relation to the levy law and to the information mentioned

in subsection 13(2) of this Act.

(2) One receipt may cover 2 or more things seized.

16 Return of seized things

(1) The Secretary must take reasonable steps to return a thing seized

under Part 2 of the Regulatory Powers Act, as that Part applies in

relation to the levy law and to the information mentioned in

subsection 13(2) of this Act, when the earliest of the following

happens:

(a) the reason for the thing's seizure no longer exists;

(b) it is decided that the thing is not to be used in evidence;

Note:

See subsections (2) and (3) for exceptions to this rule.

Exceptions

(2) Subsection (1):

(a) is subject to any contrary order of a court; and

(b) does not apply if the thing:

(i) is forfeited or forfeitable to the Commonwealth; or

(ii) is the subject of a dispute as to ownership.

(3) The Secretary is not required to take reasonable steps to return a

thing because of paragraph (1)(c) if:

(a) proceedings in respect of which the thing may afford

evidence were instituted before the end of the 60 days and

those proceedings (and any appeal from those proceedings)

have not been completed; or

(b) the thing may continue to be retained because of an order

under section 17; or

(by a law, or an order of a court, of the Commonwealth or of

a State or Territory) to retain, destroy, dispose of or

otherwise deal with the thing.

Amendment of the Horse Disease Response Levy Collection Act 2011 Schedule 8

Amendments Part 1

No. , 2016

Regulatory Powers (Standardisation Reform) Bill 2016

Return of thing

(4) A thing that is required to be returned under this section must be

returned to the person from whom it was seized (or to the owner if

that person is not entitled to possess it).

17 Magistrate may permit a thing to be retained

(1) The Secretary may apply to a magistrate for an order permitting the

retention of a thing seized under Part 2 of the Regulatory Powers

Act, as that Part applies in relation to the levy law and to the

information mentioned in subsection 13(2) of this Act, for a further

period if proceedings in respect of which the thing may afford

evidence have not commenced before the end of:

(a) 60 days after the seizure; or

(b) a period previously specified in an order of a magistrate

under this section.

(2) Before making the application, the Secretary must:

(a) take reasonable steps to discover who has an interest in the

retention of the thing; and

(b) if it is practicable to do so, notify each person whom the

Secretary believes to have such an interest of the proposed

application.

(3) Any person notified under paragraph (2)(b) is entitled to be heard

in relation to the application.

Order to retain thing

(4) The magistrate may order that the thing may continue to be

retained for a period specified in the order if the magistrate is

satisfied that it is necessary for the thing to continue to be retained:

(a) for the purposes of an investigation as to the existence or

amount of a liability under the levy law; or

(b) to enable evidence of such a liability to be secured for the

purposes of recovering levy or late payment penalty.

(5) The period specified must not exceed 3 years.

Schedule 8 Amendment of the Horse Disease Response Levy Collection Act 2011

Part 1 Amendments

Regulatory Powers (Standardisation Reform) Bill 2016

No. , 2016

18 Disposal of things

(1) The Secretary may dispose of a thing seized under Part 2 of the

Regulatory Powers Act, as that Part applies in relation to the levy

law and to the information mentioned in subsection 13(2) of this

Act, if:

(a) the Secretary has taken reasonable steps to return the thing to

a person; and

(b) either:

(i) the Secretary has been unable to locate the person; or

(ii) the person has refused to take possession of the thing.

(2) The Secretary may dispose of the thing in such manner as the

Secretary thinks appropriate.

19 Compensation for acquisition of property

(1) If the operation of section 18 would result in an acquisition of

property from a person otherwise than on just terms, the

Commonwealth is liable to pay a reasonable amount of

compensation to the person.

(2) If the Commonwealth and the person do not agree on the amount

of the compensation, the person may institute proceedings in the

Federal Court of Australia, or the Federal Circuit Court of

Australia, for the recovery from the Commonwealth of such

reasonable amount of compensation as the court determines.

(3) In this section:

acquisition of property has the same meaning as in

paragraph 51(xxxi) of the Constitution.

just terms has the same meaning as in paragraph 51(xxxi) of the

Constitution.

5 Section 38

Repeal the section.

Amendment of the Horse Disease Response Levy Collection Act 2011 Schedule 8

Application and saving provisions Part 2

No. , 2016

Regulatory Powers (Standardisation Reform) Bill 2016

Part 2--Application and saving provisions

6 Application and saving provision

--monitoring

(1)

Part 2 of the Regulatory Powers (Standard Provisions) Act 2014, as that

Part applies under Division 2 of Part 3 of the Horse Disease Response

Levy Collection Act 2011, applies in relation to the following:

(a) determining whether the levy law has been complied with

before, on or after the commencement of this Schedule;

(b) determining whether information given in compliance, or

purported compliance, with the levy law or Division 1 of

Part 3 of the Horse Disease Response Levy Collection Act

2011 before, on or after that commencement is correct.

(2)

Division 2 of Part 3 and section 38 of the Horse Disease Response Levy

Collection Act 2011, as in force immediately before the commencement

of this Schedule, continue to apply on and after that commencement in

relation to the following:

(a) an application for a monitoring warrant made, but not

decided, under that Part before that commencement;

(b) a monitoring warrant issued under that Part before, on or

after that commencement as a result of an application made

before that commencement;

that Part before, on or after that commencement in relation

to:

(i) an entry onto premises before that commencement with

the consent of the occupier of the premises; or

(ii) an entry onto premises before, on or after that

commencement as a result of a monitoring warrant

referred to in paragraph (b);

(d) things secured or seized under that Part before, on or after

that commencement;

(e) a requirement made under subsection 18(3) of that Act

before, on or after that commencement;

(f) a power conferred on a magistrate under that Part before that

commencement;

(g) a power exercised by a magistrate under that Part before, on

or after that commencement.

Schedule 8 Amendment of the Horse Disease Response Levy Collection Act 2011

Part 2 Application and saving provisions

Regulatory Powers (Standardisation Reform) Bill 2016

No. , 2016

7 Saving provision

--identity cards

Despite the repeal of section 38 of the Horse Disease Response Levy

Collection Act 2011 made by this Schedule, that section, as in force

immediately before the commencement of this Schedule, continues to

apply on and after that commencement in relation to a person who

ceased to be an authorised person before that commencement.

Amendment of the Illegal Logging Prohibition Act 2012 Schedule 9

Amendments Part 1

No. , 2016

Regulatory Powers (Standardisation Reform) Bill 2016

Schedule 9--Amendment of the Illegal

Logging Prohibition Act 2012

Part 1--Amendments

Illegal Logging Prohibition Act 2012

1 Section 6

Omit:

Part 4 provides for inspectors to exercise monitoring, investigation

and enforcement powers for the purposes of this Act.

substitute:

Part 4 applies the Regulatory Powers Act to enable inspectors to

exercise monitoring, investigation and enforcement powers for the

purposes of this Act.

2 Section 7 (definition of civil penalty order)

Repeal the definition.

3 Section 7 (definition of civil penalty provision)

Repeal the definition, substitute:

civil penalty provision has the same meaning as in the Regulatory

Powers Act.

4 Section 7

Repeal the following definitions:

(a) definition of contravention;

(b) definition of damage;

(d) definition of evidential material;

(e) definition of investigation powers;

(f) definition of investigation warrant;

(g) definition of issuing officer;

Schedule 9 Amendment of the Illegal Logging Prohibition Act 2012

Part 1 Amendments

Regulatory Powers (Standardisation Reform) Bill 2016

No. , 2016

(h) definition of monitoring powers;

(i) definition of monitoring warrant;

(j) definition of occupier;

(k) definition of person assisting;

(l) definition of premises.

5 Section 7

Insert:

Regulatory Powers Act means the Regulatory Powers (Standard

Provisions) Act 2014.

6 Section 7 (definition of relevant court)

Repeal the definition.

7 Section 20

Repeal the section.

8 Divisions 2 to 6 of Part 4

Repeal the Divisions, substitute:

Division 2--Monitoring

21 Monitoring powers

Provisions subject to monitoring

(1) A provision is subject to monitoring under Part 2 of the Regulatory

Powers Act if it is:

(a) a provision of this Act; or

(b) an offence against the Crimes Act 1914 or the Criminal Code

that relates to this Act.

Note:

Part 2 of the Regulatory Powers Act creates a framework for

monitoring whether this Act has been complied with. It includes

powers of entry and inspection.

Amendment of the Illegal Logging Prohibition Act 2012 Schedule 9

Amendments Part 1

No. , 2016

Regulatory Powers (Standardisation Reform) Bill 2016

Information subject to monitoring

(2) Information given in compliance or purported compliance with a

provision of this Act is subject to monitoring under Part 2 of the

Regulatory Powers Act.

Note:

Part 2 of the Regulatory Powers Act creates a framework for

monitoring whether the information is correct. It includes powers of

entry and inspection.

Related provisions

(3) For the purposes of Part 2 of the Regulatory Powers Act, as that

Part applies in relation to the provisions mentioned in

subsection (1) and the information mentioned in subsection (2),

there are no related provisions.

Authorised applicant and authorised person

(4) For the purposes of Part 2 of the Regulatory Powers Act, an

inspector is both an authorised applicant and an authorised person

in relation to the provisions mentioned in subsection (1) and the

information mentioned in subsection (2).

Issuing officer

(5) For the purposes of Part 2 of the Regulatory Powers Act, each of

the following persons is an issuing officer in relation to the

provisions mentioned in subsection (1) and the information

mentioned in subsection (2):

(a) a magistrate;

(b) a Judge of a court of a State or Territory;

of the Federal Court of Australia has consented to act as an

issuing officer for the purposes of this Act and that consent is

in force--the Judge.

Relevant chief executive

(6) For the purposes of Part 2 of the Regulatory Powers Act, the

Secretary is the relevant chief executive in relation to the

provisions mentioned in subsection (1) and the information

mentioned in subsection (2).

Schedule 9 Amendment of the Illegal Logging Prohibition Act 2012

Part 1 Amendments

Regulatory Powers (Standardisation Reform) Bill 2016

No. , 2016

(7) The Secretary may, in writing, delegate to an SES employee, or

acting SES employee, in the Department the Secretary's powers

under Part 2 of the Regulatory Powers Act in relation to the

provisions mentioned in subsection (1) and the information

mentioned in subsection (2).

(8) A person exercising powers or functions under a delegation under

subsection (6) must comply with any directions of the Secretary.

Relevant court

(9) For the purposes of Part 2 of the Regulatory Powers Act, each of

the following courts is a relevant court in relation to the provisions

mentioned in subsection (1) and the information mentioned in

subsection (2):

(a) the Federal Court of Australia;

(b) the Federal Circuit Court of Australia.

Additional monitoring powers

(10) For the purposes of determining:

(a) whether a provision mentioned in subsection (1) has been, or

is being, complied with; or

(b) the correctness of information mentioned in subsection (2);

the additional power mentioned in subsection (11) is taken to be

included in the monitoring powers under Part 2 of the Regulatory

Powers Act.

(11) The additional monitoring power is the power to sample any thing

at any premises entered under section 18 of the Regulatory Powers

Act, as that section applies in relation to the provisions mentioned

in subsection (1) or the information mentioned in subsection (2).

Person assisting

(12) An authorised person may be assisted by other persons in

exercising powers or performing functions or duties under Part 2 of

the Regulatory Powers Act in relation to the provisions mentioned

in subsection (1) and the information mentioned in subsection (2).

Amendment of the Illegal Logging Prohibition Act 2012 Schedule 9

Amendments Part 1

No. , 2016

Regulatory Powers (Standardisation Reform) Bill 2016

Does not extend to external Territories

(13) Part 2 of the Regulatory Powers Act, as that Part applies in relation

to the provisions mentioned in subsection (1) and the information

mentioned in subsection (2), does not extend to the external

Territories.

Division 3--Investigation

22 Investigation powers

Provisions subject to investigation

(1) A provision is subject to investigation under Part 3 of the

Regulatory Powers Act if it is:

(a) an offence against this Act; or

(b) a civil penalty provision of this Act; or

that relates to this Act.

Note:

Part 3 of the Regulatory Powers Act creates a framework for

investigating whether a provision has been contravened. It includes

powers of entry, search and seizure.

Related provisions

(2) For the purposes of Part 3 of the Regulatory Powers Act, as that

Part applies in relation to evidential material that relates to a

provision mentioned in subsection (1), there are no related

provisions.

Authorised applicant and authorised person

(3) For the purposes of Part 3 of the Regulatory Powers Act, an

inspector is both an authorised applicant and an authorised person

in relation to evidential material that relates to a provision

mentioned in subsection (1).

Issuing officer

(4) For the purposes of Part 3 of the Regulatory Powers Act, each of

the following persons is an issuing officer in relation to evidential

material that relates to a provision mentioned in subsection (1):

Schedule 9 Amendment of the Illegal Logging Prohibition Act 2012

Part 1 Amendments

Regulatory Powers (Standardisation Reform) Bill 2016

No. , 2016

(a) a magistrate;

(b) a Judge of a court of a State or Territory;

of the Federal Court of Australia has consented to act as an

issuing officer for the purposes of this Act and that consent is

in force--the Judge.

Relevant chief executive

(5) For the purposes of Part 3 of the Regulatory Powers Act, the

Secretary is the relevant chief executive in relation to evidential

material that relates to a provision mentioned in subsection (1).

(6) The Secretary may, in writing, delegate to an SES employee, or

acting SES employee, in the Department the Secretary's powers

and functions under Part 3 of the Regulatory Powers Act in relation

to evidential material that relates to a provision mentioned in

subsection (1).

(7) A person exercising powers or functions under a delegation under

subsection (6) must comply with any directions of the Secretary.

Relevant court

(8) For the purposes of Part 3 of the Regulatory Powers Act, each of

the following courts is a relevant court in relation to evidential

material that relates to a provision mentioned in subsection (1):

(a) the Federal Court of Australia;

(b) the Federal Circuit Court of Australia.

Additional investigation power

(9) The additional power mentioned in subsection (10) is taken to be

included in the investigation powers under Part 3 of the Regulatory

Powers Act as that Part applies in relation to evidential material

that relates to a provision mentioned in subsection (1).

(10) The additional investigation power is the power to sample any

thing on premises entered under section 48 of the Regulatory

Powers Act as that section applies in relation to evidential material

that relates to a provision mentioned in subsection (1).

Amendment of the Illegal Logging Prohibition Act 2012 Schedule 9

Amendments Part 1

No. , 2016

Regulatory Powers (Standardisation Reform) Bill 2016

Use of force in executing a warrant

(11) In executing an investigation warrant under Part 3 of the

Regulatory Powers Act, as that Part applies in relation to evidential

material that relates to a provision mentioned in subsection (1):

(a) an authorised person may use such force against things as is

necessary and reasonable in the circumstances; and

(b) a person assisting the authorised person may use such force

against things as is necessary and reasonable in the

circumstances.

Person assisting

(12) An authorised person may be assisted by other persons in

exercising powers or performing functions or duties under Part 3 of

the Regulatory Powers Act in relation to evidential material that

relates to a provision mentioned in subsection (1).

Does not extend to external Territories

(13) Part 3 of the Regulatory Powers Act, as that Part applies in relation

to the provisions mentioned in subsection (1), does not extend to

the external Territories.

Division 4--Civil penalties

23 Civil penalty provisions

Enforceable civil penalty provisions

(1) Each civil penalty provision of this Act is enforceable under Part 4

of the Regulatory Powers Act.

Note:

Part 4 of the Regulatory Powers Act allows a civil penalty provision to

be enforced by obtaining an order for a person to pay a pecuniary

penalty for the contravention of the provision.

Authorised applicant

(2) For the purposes of Part 4 of the Regulatory Powers Act, the

Secretary is an authorised applicant in relation to the civil penalty

provisions of this Act.

Schedule 9 Amendment of the Illegal Logging Prohibition Act 2012

Part 1 Amendments

Regulatory Powers (Standardisation Reform) Bill 2016

No. , 2016

Relevant court

(3) For the purposes of Part 4 of the Regulatory Powers Act, each of

the following courts is a relevant court in relation to the civil

penalty provisions of this Act:

(a) the Federal Court of Australia;

(b) the Federal Circuit Court of Australia.

Does not extend to external Territories

(4) Part 4 of the Regulatory Powers Act, as that Part applies in relation

to the civil penalty provisions of this Act, does not extend to the

external Territories.

Division 5--Infringement notices

24 Infringement notices

Provisions subject to an infringement notice

(1) The following provisions are subject to an infringement notice

under Part 5 of the Regulatory Powers Act:

(a) a strict liability offence against this Act;

(b) a civil penalty provision of this Act;

that relates to this Act.

Infringement officer

(2) For the purposes of Part 5 of the Regulatory Powers Act, an

inspector is an infringement officer in relation the provisions

mentioned in subsection (1).

Relevant chief executive

(3) For the purposes of Part 5 of the Regulatory Powers Act, the

Secretary is the relevant chief executive in relation to the

provisions mentioned in subsection (1).

(4) The Secretary may, in writing, delegate to an SES employee, or

acting SES employee, in the Department the Secretary's powers

Amendment of the Illegal Logging Prohibition Act 2012 Schedule 9

Amendments Part 1

No. , 2016

Regulatory Powers (Standardisation Reform) Bill 2016

and functions as the relevant chief executive in relation to the

provisions mentioned in subsection (1).

(5) A person exercising powers or functions under a delegation under

subsection (4) must comply with any directions of the Secretary.

Does not extend to external Territories

(6) Part 5 of the Regulatory Powers Act, as that Part applies in relation

to the provisions mentioned in subsection (1), does not extend to

the external Territories.

Schedule 9 Amendment of the Illegal Logging Prohibition Act 2012

Part 2 Application and saving provisions

Regulatory Powers (Standardisation Reform) Bill 2016

No. , 2016

Part 2--Application and saving provisions

9 Saving provision

--identity cards

Despite the repeal of section 20 of the Illegal Logging Prohibition Act

2012 made by this Schedule, that section, as in force immediately

before the commencement of this Schedule, continues to apply on and

after that commencement in relation to a person who ceased to be an

inspector before that commencement.

10 Application and saving provision

--monitoring and

investigation

(1)

Part 2 of the Regulatory Powers (Standard Provisions) Act 2014, as that

Part applies under Division 2 of Part 4 of the Illegal Logging

Prohibition Act 2012 applies in relation to:

(a) determining whether a provision mentioned in

subsection 21(1) of the Illegal Logging Prohibition Act 2012

has been complied with before, on or after the

commencement of this Schedule; and

(b) determining whether information given in compliance, or

purported compliance, with a provision of the Illegal Logging

Prohibition Act 2012 before, on or after the commencement

of this Schedule is correct.

(2)

Part 3 of the Regulatory Powers (Standard Provisions) Act 2014, as that

Part applies under Division 3 of Part 4 of the Illegal Logging

Prohibition Act 2012, applies in relation to evidential material that

relates to a provision mentioned in subsection 22(1) of the Illegal

Logging Prohibition Act 2012, if the suspected contravention of the

provision occurred before, on or after the commencement of this

Schedule.

(3)

Divisions 2 to 4 of Part 4 of the Illegal Logging Prohibition Act 2012,

as in force immediately before the commencement of this Schedule,

continue to apply on and after that commencement in relation to the

following:

(a) an application for a warrant made, but not decided, under the

relevant Division before the commencement of this Schedule;

(b) a warrant issued, or completed and signed, under the relevant

Division before, on or after the commencement of this

Amendment of the Illegal Logging Prohibition Act 2012 Schedule 9

Application and saving provisions Part 2

No. , 2016

Regulatory Powers (Standardisation Reform) Bill 2016

Schedule as a result of an application made before that

commencement;

the relevant Division before, on or after the commencement

of this Schedule in relation to:

(i) an entry onto premises before that commencement with

the consent of the occupiers of the premises; or

(ii) an entry onto premises before, on or after that

commencement as a result of a warrant referred to in

paragraph (b);

(d) things secured or seized under the relevant Division before,

on or after the commencement of this Schedule;

(e) a requirement made under section 54 of that Act before, on or

after the commencement of this Schedule.

11 Application and saving provision

--civil penalties

(1)

Part 4 of the Regulatory Powers (Standard Provisions) Act 2014, as that

Part applies under Division 4 of Part 4 of the Illegal Logging

Prohibition Act 2012, applies in relation to contraventions of civil

penalty provisions occurring on or after the commencement of this

Schedule.

(2)

Division 5 of Part 4 of the Illegal Logging Prohibition Act 2012, as in

force immediately before the commencement of this Schedule,

continues to apply on and after that commencement in relation to

contraventions of civil penalty provisions occurring before the

commencement of this Schedule.

12 Application and saving provision

--infringement notices

(1)

Part 5 of the Regulatory Powers (Standard Provisions) Act 2014, as that

Part applies under Division 5 of Part 4 of the Illegal Logging

Prohibition Act 2012, applies in relation to alleged contraventions of

provisions mentioned in subsection 24(1) of the Illegal Logging

Prohibition Act 2012 occurring on or after the commencement of this

Schedule.

(2)

Division 6 of Part 4 of the Illegal Logging Prohibition Act 2012, as in

force immediately before the commencement of this Schedule,

continues to apply in relation to alleged contraventions of offence and

civil penalty provisions in that Act, and alleged contraventions of

Amendment of the Industrial Chemicals (Notification and Assessment) Act 1989

Schedule 10

Amendments Part 1

No. , 2016

Regulatory Powers (Standardisation Reform) Bill 2016

Schedule 10--Amendment of the Industrial

Chemicals (Notification and

Assessment) Act 1989

Part 1--Amendments

Industrial Chemicals (Notification and Assessment) Act 1989

1 Subsection 5(1) (at the end of the definition of exempt

information)

Add:

Note:

Commonwealth of Australia Bills

REGULATORY POWERS (STANDARDISATION REFORM) BILL 2016