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2002
THE PARLIAMENT OF THE
COMMONWEALTH OF AUSTRALIA
HOUSE OF
REPRESENTATIVES
AUSTRALIAN RADIATION
PROTECTION AND NUCLEAR SAFETY (LICENCE CHARGES) AMENDMENT BILL 2002
EXPLANATORY
MEMORANDUM
(Circulated by authority of
the Parliamentary Secretary to the Minister for
Health and Ageing, the Hon
Trish Worth, MP)
AUSTRALIAN RADIATION PROTECTION AND NUCLEAR
SAFETY (LICENCE CHARGES) AMENDMENT BILL 2002
OUTLINE:
The purpose of this Bill is to amend the Australian Radiation
Protection and Nuclear Safety (Licence Charges) Act 1998 to confirm that the
charges imposed by that Act are payable even by Commonwealth entities that are
otherwise exempt from taxation (unless the relevant exemption explicitly refers
to the Act).
Amendment to the licence charge
provisions:
Under the Australian Radiation Protection and Nuclear
Safety Act 1998 (the ARPANS Act), the Chief Executive Officer of the
Australian Radiation Protection and Nuclear Safety Agency licences and regulates
the safe use of nuclear installations, radioactive material and apparatus by the
Commonwealth and its contractors.
In approving instructions to draft the
ARPANS Bill, the Government decided that the cost of the licensing and
regulation should be recovered from licence holders. Consequently, the ARPANS
Act allows the CEO to charge an application fee for a licence and the
Australian Radiation Protection and Nuclear Safety (Licence Charges) Act
1998 requires licence holders to pay an annual charge.
The Australia New
Zealand Food Authority, the Australian Nuclear Science and Technology
Organisation, the Commonwealth Science and Industrial Research Organisation, the
Australian Institute of Marine Science, the Australian National University, the
Federal Airports Corporation, the Australian War Memorial and Director of
National Parks are Commonwealth entities that hold single or multiple licences
issued under the ARPANS Act. These entities are also exempt from taxation. The
amendment is necessary to ensure compliance with the Government’s policy
that the costs of regulating licence holders under the ARPANS Act would be borne
by licence holders.
Financial impact statement:
There is no
financial impact on the Commonwealth.
AUSTRALIAN RADIATION PROTECTION AND NUCLEAR SAFETY (LICENCE CHARGES) AMENDMENT ACT 2002
Clause 1 is a formal provision specifying the title of the proposed
Act.
Clause 2: Commencement
Item 1 in Schedule 1 of the
proposed Act is taken to have commenced on 5 February 1999, immediately after
the commencement of the Australian Protection and Nuclear Safety (Licence
Charges) Act 1998.
Clause 3: Schedule(s)
Clause 3
provides that the Acts specified in the Schedule to the proposed Act are amended
or repealed as set out in the applicable items in the Schedule to the proposed
Act and any other item in a Schedule to the proposed Act has effect according to
its terms.
SCHEDULE 1 – Australian Radiation Protection and
Nuclear Safety (Licence Charges) Act 1998
The purpose of this Schedule is to amend the Australian Radiation Protection and Nuclear Safety (Licence Charges) Act 1998.
Item 1 inserts section 5A that requires a person who is the holder of a
facility or source licence is liable to pay the charge imposed under the
Australian Protection and Nuclear Safety (Licence Charges) Act 1998 even
if a provision of a Commonwealth law is expressed to exempt the person from
taxes or charges and that provision is expressed to prevail over other laws.
However, the provision is expressed not to apply if the relevant provision
explicitly refers to this Act.