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This is a Bill, not an Act. For current law, see the Acts databases.
2022
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Ozone Protection and Synthetic
Greenhouse Gas (Manufacture Levy)
Amendment Bill 2022
No. , 2022
(Climate Change, Energy, the Environment and Water)
A Bill for an Act to amend the Ozone Protection and
Synthetic Greenhouse Gas (Manufacture Levy) Act
1995, and for related purposes
No. , 2022
Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy)
Amendment Bill 2022
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy)
Act 1995
3
No. , 2022
Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy)
Amendment Bill 2022
1
A Bill for an Act to amend the Ozone Protection and
1
Synthetic Greenhouse Gas (Manufacture Levy) Act
2
1995, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
Ozone Protection and Synthetic Greenhouse Gas
6
(Manufacture Levy) Amendment Act 2022.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy)
Amendment Bill 2022
No. , 2022
1
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
At the same time as Schedule 1 to the
Ozone
Protection and Synthetic Greenhouse Gas
Management Reform (Closing the Hole in
the Ozone Layer) Act 2022
commences.
However, the provisions do not commence
at all if that Schedule does not commence.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Amendments
Schedule 1
No. , 2022
Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy)
Amendment Bill 2022
3
Schedule 1--Amendments
1
2
Ozone Protection and Synthetic Greenhouse Gas
3
(Manufacture Levy) Act 1995
4
1 Section 2A (heading)
5
Omit "
Definition
", substitute "
Definitions
".
6
2 Section 2A
7
Insert:
8
amount
includes a nil amount.
9
Import Levy Act
means the
Ozone Protection and Synthetic
10
Greenhouse Gas (Import Levy) Act 1995
.
11
Management Act
means the
Ozone Protection and Synthetic
12
Greenhouse Gas Management Act 1989
.
13
3 Section 3
14
Repeal the section, substitute:
15
3 Interpretation
16
(1) An expression used in this Act has the same meaning in this Act as
17
it has in the Management Act.
18
(2) Without limiting subsection (1), section 9 (references to scheduled
19
substances and equipment) of the Management Act applies in
20
relation to this Act in the same way as that section applies in
21
relation to the Management Act.
22
(3) In determining for the purposes of this Act whether a licence
23
allows the licensee to carry out an activity, disregard any
24
suspension of the licence.
25
Note:
For the effect of a licence suspension, see subsection 19D(4) of the
26
Management Act.
27
Schedule 1
Amendments
4
Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy)
Amendment Bill 2022
No. , 2022
4 At the end of subsection 3A(1)
1
Add:
2
Note:
This subsection applies only in relation to the manufacture of SGGs
3
that are bulk scheduled substances (see subsection 3(2) of this Act and
4
subsection 9(1) of the Management Act).
5
5 Subsection 3A(2)
6
Omit "circumstances that are prescribed for the purposes of
7
subsection 13(3) of the
Ozone Protection and Synthetic Greenhouse
8
Gas Management Act 1989
", substitute "circumstances, or for a
9
purpose, prescribed for the purposes of subsection 13(2) of the
10
Management Act".
11
6 Subsection 3A(5) (definition of prescribed rate)
12
Repeal the definition, substitute:
13
prescribed rate
means the amount prescribed by the regulations for
14
the purposes of this definition.
15
7 Subparagraph 3A(7)(b)(iii)
16
Omit "equipment prescribed for the purposes of paragraph 8D(1)(c) of
17
the
Ozone Protection and Synthetic Greenhouse Gas Management Act
18
1989
", substitute "equipment of a kind prescribed for the purposes of
19
paragraph 13(4)(a) or (6)(a) of the Management Act".
20
8 Subparagraph 3A(7)(b)(iv)
21
Repeal the subparagraph.
22
9 Subsections 3A(10) and (11)
23
Repeal the subsections, substitute:
24
(10) The Minister may, by writing, delegate the Minister's power under
25
subsection (7) to:
26
(a) the Secretary; or
27
(b) an SES employee or acting SES employee in the Department;
28
or
29
(c) an APS employee who holds, or is acting in, an Executive
30
Level 2, or equivalent, position in the Department.
31
Amendments
Schedule 1
No. , 2022
Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy)
Amendment Bill 2022
5
Note:
Sections 34AA to 34A of the
Acts Interpretation Act 1901
contain
1
provisions relating to delegations.
2
(11) In exercising a delegated power, the delegate must comply with
3
any written directions of the Minister.
4
(12) Before the Governor-General makes regulations for the purposes of
5
a provision mentioned in column 1 of an item in the following
6
table, the Minister must be satisfied of the matter, or one or more
7
of the matters, mentioned in column 2 of that item.
8
9
Matters the Minister must be satisfied of before regulations are made
Item
Column 1
Provision
Column 2
Matters
1
subsection (3)
(a) that it would be impracticable to impose levy
on the manufacture of an SGG that is to be
used for a purpose to be prescribed by those
regulations; or
(b) that a purpose to be prescribed by those
regulations is a medical, veterinary, health or
safety purpose
2
the definition of
prescribed rate
in
subsection (5)
that the effect of this Act and the Import Levy
Act will be to recover no more than the
Commonwealth's likely costs of the kind
mentioned in paragraph 65D(a), (b), (c) or (ca) of
the Management Act, being costs that are
unlikely to be offset by fees charged under the
Management Act or regulations made under it
3
subparagraph (7)(b)(v)
(a) that it would be impracticable to require
payment of levy imposed on the manufacture
of an SGG that is to be used for a purpose to
be prescribed by those regulations; or
(b) that a purpose to be prescribed by those
regulations is a medical, veterinary, health or
safety purpose
10 Subsection 4(1)
10
Omit "at the rate prescribed by the regulations".
11
Schedule 1
Amendments
6
Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy)
Amendment Bill 2022
No. , 2022
11 At the end of subsection 4(1)
1
Add:
2
Note:
This subsection applies only in relation to the manufacture of
3
scheduled substances (other than SGGs) that are bulk scheduled
4
substances (see subsection 3(2) of this Act and subsection 9(1) of the
5
Management Act).
6
12 Subsection 4(4)
7
Repeal the subsection (including the note), substitute:
8
(4) The amount of levy imposed by subsection (1) on a licensee in
9
respect of the manufacture of a substance other than an SGG in a
10
reporting period is the amount prescribed, or worked out in
11
accordance with a method prescribed, by the regulations for the
12
purposes of this subsection.
13
(5) Before the Governor-General makes regulations for the purposes of
14
subsection (4), the Minister must be satisfied that the effect of this
15
Act and the Import Levy Act will be to recover no more than the
16
Commonwealth's likely costs of the kind mentioned in
17
paragraph 65D(a), (b), (c) or (ca) of the Management Act.
18
(6) For the purposes of subsection (5), disregard any costs that are
19
likely to be offset by fees charged under the Management Act or
20
regulations made under it.
21
13 Section 5
22
Repeal the section, substitute:
23
5 Regulations
24
The Governor-General may make regulations prescribing matters:
25
(a) required or permitted by this Act to be prescribed by the
26
regulations; or
27
(b) necessary or convenient to be prescribed for carrying out or
28
giving effect to this Act.
29
14 Application and saving provisions
30
(1)
The amendments made by this Schedule apply in relation to reporting
31
periods that start on or after the commencement of this item.
32
Amendments
Schedule 1
No. , 2022
Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy)
Amendment Bill 2022
7
(2)
The
Ozone Protection and Synthetic Greenhouse Gas (Manufacture
1
Levy) Act 1995
, as in force immediately before the commencement of
2
this item, continues to apply in relation to reporting periods starting
3
before that commencement.
4
(3)
Regulations made under section 5 of the
Ozone Protection and
5
Synthetic Greenhouse Gas (Manufacture Levy) Act 1995
, that were in
6
force immediately before the commencement of this item, continue in
7
force (subject to subitem (4)), and may be dealt with, as if they had been
8
made under section 5 of that Act, as amended by this Schedule.
9
(4)
Regulations made for the purposes of a provision of the
Ozone
10
Protection and Synthetic Greenhouse Gas (Manufacture Levy) Act 1995
11
mentioned in column 1 of an item in the following table, that were in
12
force immediately before the commencement of this item, continue in
13
force (and may be dealt with) as if they had been made for the purposes
14
of the provision of that Act mentioned in column 2 of that item, as
15
amended by this Schedule.
16
17
Saving of regulations
Item
Column 1
Old provision
Column 2
New provision
1
paragraph (b) of the definition of
prescribed rate
in subsection 3A(5)
the definition of
prescribed rate
in subsection 3A(5)
2
subsection 4(1)
subsection 4(4)
18