Foreign Influence Transparency Scheme (Charges Imposition) Bill 2017 [2018] AUSStaCSBSD 16 (7 February 2018)

• Foreign Influence Transparency Scheme (Charges Imposition) Bill 2017
• Charges in delegated legislation 186

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Foreign Influence Transparency Scheme (Charges Imposition) Bill 2017

Purpose	This bill seeks to impose a charge for applications for registration or renewal of registration under the Foreign Influence Transparency Scheme Act 2017
Portfolio	Attorney-General
Introduced	House of Representatives on 7 December 2017

Charges in delegated legislation ^[186]

1.254 This bill seeks to impose a charge for applications for registration or renewal of registration under the Foreign Influence Transparency Scheme Act 2017. Clause 6 provides that the amount of the charge payable may be prescribed by the regulations, and the regulations may either set out the amount of the charge payable or a method for working out an amount.

1.255 The explanatory memorandum states that enabling charges to be dealt with in regulations 'provides sufficient flexibility to be able to align the amount and methodology with the [Australian Cost Recovery] Guidelines, and will reduce the need to amend the primary legislation in the future.'^[187]

1.256 One of the most fundamental functions of the Parliament is to impose taxation (including duties of customs and excise).^[188] The committee's consistent scrutiny view is that it is for the Parliament, rather than makers of delegated legislation, to set a rate of tax. The committee notes the statement in the explanatory memorandum that enabling the charges to be prescribed in regulations reflects the cost recovery policy and processes adopted by the Australian Government.^[189] However, no guidance is provided on the face of the bill limiting the imposition of the charge in this way, nor are maximum charges specified.

1.257 Where charges are to be prescribed by regulation, the committee considers that, at a minimum, some guidance in relation to the method of calculation of the charge and/or a maximum charge should be provided on the face of the primary legislation, to enable greater parliamentary scrutiny.

1.258 The committee requests the Attorney-General's advice as to why there are no limits on the charge specified in primary legislation and whether guidance in relation to the method of calculation of the charge and/or a maximum charge can be specifically included in the bill.

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[186] Clause 6. The committee draws senators' attention to this provision pursuant to Senate Standing Order 24(1)(a)(iv).

[187] Explanatory memorandum, p. 9.

[188] This principle has been a foundational element of our system of governance for centuries: see, for example, article 4 of the Bill of Rights 1688: 'That levying money for or to the use of the Crown by pretence of prerogative without grant of Parliament for longer time or in other manner than the same is or shall be granted is illegal'.

[189] Explanatory memorandum, p. 9.