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This is a Bill, not an Act. For current law, see the Acts databases.
URANIUM ROYALTY (NORTHERN TERRITORY) BILL 2008
2008
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Uranium Royalty (Northern Territory)
Bill 2008
No. , 2008
(Resources and Energy)
A Bill for an Act to impose a royalty on uranium,
and certain other designated substances, recovered
in the Northern Territory, and for other purposes
i Uranium Royalty (Northern Territory) Bill 2008 No. , 2008
Contents
Part 1--Preliminary
1
1
Short title ............................................................................................ 1
2
Commencement .................................................................................. 2
3
Simplified outline ............................................................................... 2
4
Definitions .......................................................................................... 3
5
Crown to be bound.............................................................................. 4
Part 2--Application of Northern Te rritory royalty laws in
relation to designated substances
5
6
Application of Northern Territory royalty laws in relation to
designated substances ......................................................................... 5
7
Arrangements with the Northern Territory......................................... 7
8
Tax laws not applied ........................................................................... 8
9
Appropriation law not applied ............................................................ 8
10
Applied laws not to confer Commonwealth judicial power ............... 8
11
Applied laws not to contravene constitutional restrictions on
conferral of powers on courts ............................................................. 9
Part 3--Miscellaneous
10
12
Jurisdiction of Northern Territory courts.......................................... 10
13
Procedure in proceedings under applied law .................................... 10
14
Grant of pardon, remission etc.......................................................... 10
15
Certain Commonwealth laws do not apply in relation to
applied laws ...................................................................................... 11
16
Application of Commonwealth laws in relation to applied
laws ................................................................................................... 11
17
Payments by the Commonwealth to the Northern Territory ............ 12
18
Appropriation.................................................................................... 12
19
Regulations ....................................................................................... 12
Uranium Royalty (Northern Territory) Bill 2008 No. , 2008 1
A Bill for an Act to impose a royalty on uranium,
1
and certain other designated substances, recovered
2
in the Northern Territory, and for other purposes
3
The Parliament of Australia enacts:
4
Part 1--Preliminary
5
6
1 Short title
7
This Act may be cited as the Uranium Royalty (Northern Territory)
8
Act 2008.
9
Part 1 Preliminary
Section 2
2 Uranium Royalty (Northern Territory) Bill 2008 No. , 2008
2 Commence ment
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 and
2 and anything in
this Act not
elsewhere covered
by this table
The day on which this Act receives the
Royal Assent.
2. Sections 3 to
19
A single day to be fixed by Proclamation.
However, if any of the provision(s) do not
commence with in the period of 6 months
beginning on the day on which this Act
receives the Royal Assent, they commence
on the first day after the end of that period.
Note:
This table relates only to the provisions of this Act as originally
7
passed by both Houses of the Parliament and assented to. It will not be
8
expanded to deal with provisions inserted in this Act after assent.
9
(2) Column 3 of the table contains additional information that is not
10
part of this Act. Information in this column may be added to or
11
edited in any published version of this Act.
12
3 Simplified outline
13
The following is a simplified outline of this Act:
14
·
This Act imposes a royalty on uranium, and certain other
15
designated substances, recovered in the Northern Territory.
16
·
This Act does so by applying the Mineral Royalty Act of the
17
Northern Territory as a law of the Commonwealth.
18
Preliminary Part 1
Section 4
Uranium Royalty (Northern Territory) Bill 2008 No. , 2008 3
4 Definitions
1
In this Act:
2
applied law means the provisions of a Northern Territory law that
3
apply, in accordance with this Act, as laws of the Commonwealth.
4
authority of the Northern Territory means any of the following:
5
(a) the Administrator, a Minister or a member of the Executive
6
Council of the Northern Territory;
7
(b) a court of the Northern Territory;
8
(c) a person who holds office as a member of a court of the
9
Northern Territory;
10
(d) a body created by or under a law of the Northern Territory;
11
(e) an officer or employee of the Northern Territory;
12
(f) an officer or employee of a body referred to in paragraph (d).
13
corresponding applied law, in relation to a Northern Territory
14
royalty law, means an applied law that corresponds to the Northern
15
Territory royalty law.
16
corresponding Northern Territory royalty law, in relation to an
17
applied law, means the Northern Territory royalty law to which the
18
applied law corresponds.
19
designated substance means a prescribed substance (within the
20
meaning of the Atomic Energy Act 1953) that is:
21
(a) naturally occurring; and
22
(b) obtained or obtainable from land in the Northern Territory by
23
mining, whether carried out under or on the surface of the
24
land; and
25
(c) the property of the Commonwealth;
26
but does not include a substance obtained or obtainable from the
27
Ranger Project Area.
28
Note:
Section 35 of the Atomic Energy Act 1953 deals with the
29
Commonwealth's property in prescribed substances.
30
modifications includes additions, omissions and substitutions.
31
Northern Territory law means:
32
Part 1 Preliminary
Section 5
4 Uranium Royalty (Northern Territory) Bill 2008 No. , 2008
(a) a law in force in the Northern Territory, whether written or
1
unwritten; or
2
(b) an instrument made or having effect under a law referred to
3
in paragraph (a);
4
but does not include a law of the Commonwealth, whether written
5
or unwritten, or an instrument made or having effect under such a
6
law.
7
Northern Territory royalty law means the following, as in force
8
from time to time:
9
(a) the Mineral Royalty Act of the Northern Territory;
10
(b) any other Northern Territory law, to the extent that it is
11
relevant to the operation of the law covered by paragraph (a).
12
proceedings means any proceedings, whether civil or criminal and
13
whether original or appellate.
14
Ranger Project Area means the land described in Schedule 2 to the
15
Aboriginal Land Rights (Northern Territory) Act 1976 as in force
16
immediately before the commencement of this section.
17
responsible Northern Territory Minister means the Minister of the
18
Northern Territory responsible for the Mineral Royalty Act of the
19
Northern Territory.
20
5 Crown to be bound
21
(1) This Act binds the Crown in each of its capacities.
22
(2) This Act does not make the Crown liable to be prosecuted for an
23
offence.
24
25
Application of No rthern Territory royalty laws in relation to designated substances
Part 2
Section 6
Uranium Royalty (Northern Territory) Bill 2008 No. , 2008 5
1
Part 2--Application of Northern Territory royalty
2
laws in relation to designated substances
3
4
6 Application of Northe rn Territory royalty laws in relation to
5
designated substances
6
(1) In addition to its application apart from this section, each Northern
7
Territory royalty law also applies as a law of the Commonwealth,
8
subject to:
9
(a) such modifications (if any) as are specified in the regulations;
10
and
11
(b) the following modifications:
12
13
Item
Provision(s) of the
Mineral Royalty
Act of the
Northern
Territory
Modification(s)
1
Subsection 3(8)
Omit the subsection.
2
Section 4
(defin ition of
authorized person)
After "section 13", insert "of the corresponding
Northern Territory Royalty Act".
3
Section 4
Insert:
corresponding Northern Territory Royalty Act
means the Mineral Royalty Act of the Northern
Territory, as it applies as a law o f the Northern
Territory.
4
Section 4
Insert:
designated substance has the same meaning as in the
Uranium Royalty (Northern Territory) Act 2008 of
the Co mmonwealth.
5
Section 4
(defin ition of
mineral)
Omit the defin ition, substitute:
mineral means a designated substance.
6
Section 4
At the end of the definition, add "of the
Part 2 Application of Northern Territory royalty laws in relation to designated
substances
Section 6
6 Uranium Royalty (Northern Territory) Bill 2008 No. , 2008
Item
Provision(s) of the
Mineral Royalty
Act of the
Northern
Territory
Modification(s)
(defin ition of
Secretary)
corresponding Northern Territory Royalty Act".
7
Subsection 9(1)
Omit the subsection, substitute:
(1) There is payable under this Act to the Crown in
right of the Northern Territory, on behalf of the
Co mmonwealth, a royalty in respect of all
designated substances obtained from a production
unit in a royalty year.
8
Section 40
At the end of the section, add:
(4) An amount payable under subsection (1) or (2) is
payable to the Secretary on behalf of the
Co mmonwealth.
9
Section 42
At the end of the section, add:
(3) An amount payable under this section is payable
to the Secretary on behalf of the Co mmon wealth.
10
Section 42A
At the end of the section, add:
(4) An amount payable under this section is payable
to the Secretary on behalf of the Co mmon wealth.
11
Section 42B
At the end of the section, add:
(3) An amount payable under this section is payable
to the Secretary on behalf of the Co mmon wealth.
12
Section 43
At the end of the section, add:
(5) An amount payable under this section is payable
to the Secretary on behalf of the Co mmon wealth.
13
Subsection 45(2)
Omit the subsection, substitute:
(2) An amount retained under paragraph (1)(a) is to
be retained by the Secretary on behalf of the
Co mmonwealth.
(3) An amount payable under paragraph (1)(b) is
payable by the Secretary on behalf of the
Co mmonwealth.
14
Subsections
49AA(1) and (2)
Omit the subsections.
Application of No rthern Territory royalty laws in relation to designated substances
Part 2
Section 7
Uranium Royalty (Northern Territory) Bill 2008 No. , 2008 7
Item
Provision(s) of the
Mineral Royalty
Act of the
Northern
Territory
Modification(s)
15
Subsection 50(1)
After "for the purposes of this Act", insert ", the
corresponding Northern Territory Royalty Act".
16
Paragraph 50(2)(a)
After "under this Act", insert "or the corresponding
Northern Territory Royalty Act".
17
Paragraph 50(2)(d)
After "the efficient ad min istration of this Act", insert
"or the corresponding Northern Territory Royalty
Act".
18
Subsection 50(2)
At the end of the subsection, add:
; or (f) a Territory emp loyee performing a function
under this Act to the Common wealth Min ister
administering the Uranium Royalty (Northern
Territory) Act 2008 of the Co mmonwealth; or
(g) a Territory employee performing a function under
this Act to an APS employee (within the meaning
of the Public Service Act 1999 of the
Co mmonwealth) in the Department ad min istered
by the Common wealth Min ister administering the
Uranium Royalty (Northern Territory) Act 2008
of the Co mmonwealth.
19
Paragraphs
50(4A )(d) and (e)
After "of this Act", insert "or the corresponding
Northern Territory Royalty Act".
(2) Subsection (1) has effect subject to this Act.
1
(3) This section does not have effect unless an arrangement is in
2
operation under section 7.
3
7 Arrangements with the Northern Territory
4
(1) The Minister may make an arrangement with the responsible
5
Northern Territory Minister in relation to the exercise or
6
performance of a power, duty or function (other than a power, duty
7
or function involving the exercise of judicial power) by an
8
authority of the Northern Territory under the applied laws.
9
Part 2 Application of Northern Territory royalty laws in relation to designated
substances
Section 8
8 Uranium Royalty (Northern Territory) Bill 2008 No. , 2008
(2) If such an arrangement is in force, the power, duty or function may
1
or must, as the case may be, be exercised or performed
2
accordingly.
3
(3) The Minister may arrange with the responsible Northern Territory
4
Minister for the variation or revocation of an arrangement made
5
under this section.
6
(4) An arrangement, variation or revocation under this section must be
7
made by instrument in writing.
8
(5) A copy of an instrument under subsection (4) must be published in
9
the Gazette.
10
(6) An arrangement under this section may make provision for the
11
receipt, custody or payment of public money (within the meaning
12
of the Financial Management and Accountability Act 1997) by an
13
outsider (within the meaning of section 12 of that Act) and, if the
14
arrangement does so:
15
(a) the arrangement is authorised for the purposes of section 12
16
of that Act; and
17
(b) a payment of public money authorised by an applied law or
18
this Act is taken, for the purposes of paragraph 12(2)(c) of
19
that Act, to be authorised by the arrangement.
20
8 Tax laws not applied
21
Section 6 does not operate so as to impose a tax.
22
9 Appropriation law not applied
23
Section 6 does not operate so as to appropriate any public money
24
of the Northern Territory.
25
10 Applied laws not to confe r Commonwealth judicial power
26
Section 6 does not operate so as to confer the judicial power of the
27
Commonwealth on a court, tribunal, authority or officer of the
28
Northern Territory.
29
Note:
See also section 12.
30
Application of No rthern Territory royalty laws in relation to designated substances
Part 2
Section 11
Uranium Royalty (Northern Territory) Bill 2008 No. , 2008 9
11 Applied laws not to contravene constitutional restrictions on
1
confe rral of powe rs on courts
2
Section 6 does not operate so as to confer on a court of the
3
Northern Territory a power that cannot, under the Constitution, be
4
conferred by the Parliament on such a court.
5
6
Part 3 Miscellaneous
Section 12
10 Uranium Royalty (Northern Territory) Bill 2008 No. , 2008
1
Part 3--Miscellaneous
2
3
12 Jurisdiction of Northern Territory courts
4
(1) Jurisdiction is conferred on the courts that have jurisdiction in the
5
Northern Territory in all matters arising out of the applied laws.
6
(2) Jurisdiction is conferred under subsection (1) within the limits of
7
the jurisdiction of the court (whether those limits are limits as to
8
subject matter or otherwise).
9
13 Procedure in proceedings under applied law
10
(1) Subject to this Act:
11
(a) any proceedings under an applied law (core proceedings)
12
must be instituted and conducted in the same manner as
13
though they were proceedings under the corresponding
14
Northern Territory royalty law; and
15
(b) any other proceedings in relation to the core proceedings
16
(including declining to proceed further in a prosecution) must
17
also be taken as though the core proceedings were
18
proceedings under the corresponding Northern Territory
19
royalty law.
20
(2) The trial on indictment of an offence against an applied law must
21
be by jury.
22
14 Grant of pardon, re mission etc.
23
Scope
24
(1) This section applies if a person is convicted under an applied law.
25
Powers and functions
26
(2) An authority of the Northern Territory may exercise or perform the
27
same powers and functions in relation to the convicted person as
28
the authority would have been empowered to exercise or perform
29
Miscellaneous Part 3
Section 15
Uranium Royalty (Northern Territory) Bill 2008 No. , 2008 11
under the laws of the Northern Territory if the offence had been an
1
offence against a law of the Northern Territory.
2
(3) This section does not affect a power or function of the
3
Governor-General.
4
15 Certain Commonwealth laws do not apply in relation to applied
5
laws
6
(1) Subject to this Act, the following Commonwealth laws:
7
(a) the Acts Interpretation Act 1901;
8
(b) Chapter 2 of the Criminal Code;
9
(c) a prescribed Commonwealth law;
10
do not apply in relation to:
11
(d) an applied law; or
12
(e) anything done under an applied law.
13
(2) Subsection (1) has effect subject to any modifications prescribed
14
by the regulations.
15
16 Application of Commonwealth laws in relation to applied laws
16
(1) To the extent that:
17
(a) a Commonwealth law applies to a Northern Territory royalty
18
law, or to things done under a Northern Territory royalty law;
19
and
20
(b) there is a corresponding applied law;
21
the Commonwealth law also applies to the applied law and to
22
things done under the corresponding applied law.
23
(2) If:
24
(a) a law of the Commonwealth (other than an applied law)
25
contains a reference to a Northern Territory royalty law; and
26
(b) an applied law corresponds to the Northern Territory royalty
27
law;
28
then the reference is taken to include a reference to the applied law.
29
Part 3 Miscellaneous
Section 17
12 Uranium Royalty (Northern Territory) Bill 2008 No. , 2008
17 Payments by the Commonwealth to the Northern Territory
1
(1) If an amount (the received amount) is received by the
2
Commonwealth under an applied law, the Commonwealth must
3
pay to the Northern Territory an amount equal to the received
4
amount.
5
Recoupment of refunded amounts
6
(2) The payment of the amount to the Northern Territory is subject to
7
the condition that, if the whole or a part of the received amount is
8
refunded under the applied law, the Northern Territory will pay to
9
the Commonwealth an amount equal to the amount refunded.
10
18 Appropriation
11
Amounts payable by the Commonwealth under the applied law or
12
this Act are to be paid out of the Consolidated Revenue Fund,
13
which is appropriated accordingly.
14
19 Regulations
15
The Governor-General may make regulations prescribing matters:
16
(a) required or permitted by this Act to be prescribed; or
17
(b) necessary or convenient to be prescribed for carrying out or
18
giving effect to this Act.
19