Bills Digest No. 212 1997-98 Australian Radiation Protection and Nuclear Safety (Licence Charges) Bill 1998


Numerical Index | Alphabetical Index

WARNING:
This Digest was prepared for debate. It reflects the legislation as introduced and does not canvass subsequent amendments. This Digest does not have any official legal status. Other sources should be consulted to determine the subsequent official status of the Bill.

CONTENTS

Passage History
Purpose
Background
Main Provisions
Contact Officer & Copyright Details

Passage History

Date Introduced: 8 April 1998

House: House of Representatives

Portfolio: Health and Family Services

Commencement: On the day upon which the proposed Australian Radiation Protection and Nuclear Safety Act 1998 commences.

Purpose

To provide a capacity for annual charges to be made for licences issued under the Australian Radiation Protection and Nuclear Safety Bill 1998.

Background

This Bill is one of a package of three bills: the Australian Radiation Protection and Nuclear Safety Bill 1998, the Australian Radiation Protection and Nuclear Safety (Licence Charges) Bill 1998 and the Australian Radiation Protection and Nuclear Safety (Consequential Amendments) Bill 1998. For a background on this Bill please refer to the Bills Digest on the Australian Radiation Protection and Nuclear Safety Bill 1998.

Section 55 of the Constitution provides that:

Laws imposing taxation shall deal only with the imposition of taxation, and any provision therein dealing with any other matter shall be of no effect.

Laws imposing taxation, except laws imposing duties of customs or of excise, shall deal with one subject of taxation only; but laws imposing duties of customs shall deal with duties of customs only, and laws imposing duties of excise shall deal with duties of excise only.

As annual charges are regarded as taxes, this Bill, which imposes an annual licence fee on people operating a radiation or nuclear facility or on departments holding a source licence, is required to be separate from the Australian Radiation Protection and Nuclear Safety Bill 1998.

Main Provisions

Proposed section 4 imposes an annual charge on a person who, at any time in the relevant financial year, held a facility licence. A facility licence will be issued under proposed section 20 of the Australian Radiation Protection and Nuclear Safety Bill 1998 to a controlled person (defined to include a Commonwealth entity, contractor, an employee of the Commonwealth or a person in a prescribed Commonwealth place) to construct, operate, own or de-commission nuclear installations or radiation facilities. The amount of the charge will be determined by the regulations.

Proposed section 5 imposes an annual charge on a person who, at any time in the relevant financial year, held a source licence. A source licence may be issued under proposed section 21 of the Australian Radiation Protection and Nuclear Safety Bill 1998 to a controlled person who deals with either a controlled apparatus or controlled material or both. The amount of the charge will be determined by the regulations.

Contact Officer and Copyright Details

Susan Downing
14 May 1998
Bills Digest Service
Information and Research Services

This paper has been prepared for general distribution to Senators and Members of the Australian Parliament. While great care is taken to ensure that the paper is accurate and balanced, the paper is written using information publicly available at the time of production. The views expressed are those of the author and should not be attributed to the Information and Research Services (IRS). Advice on legislation or legal policy issues contained in this paper is provided for use in parliamentary debate and for related parliamentary purposes. This paper is not professional legal opinion. Readers are reminded that the paper is not an official parliamentary or Australian government document.

IRS staff are available to discuss the paper's contents with Senators and Members
and their staff but not with members of the public.

ISSN 1328-8091
© Commonwealth of Australia 1998

Except to the extent of the uses permitted under the Copyright Act 1968, no part of this publication may be reproduced or transmitted in any form or by any means, including information storage and retrieval systems, without the prior written consent of the Parliamentary Library, other than by Members of the Australian Parliament in the course of their official duties.

Published by the Department of the Parliamentary Library, 1998.



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