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Wednesday, 25 June 2003
Page: 17442

Bill returned from the Senate with amendments.

Ordered that the amendments be considered forthwith.

Senate's amendments—

(1) Clause 2, page 1 (lines 9 and 10), omit the clause, substitute:

2 Commencement

(1) Sections 1 and 2 are taken to have commenced on the day on which this Act received the Royal Assent.

(2) Subject to subsection (3), this Act (other than sections 1 and 2) commences on 1 July 2003.

(3) If, before the day on which this Act would (but for this subsection) commence under subsection (2), vehicle standards have not been determined under section 7 of the Motor Vehicle Standards Act 1989 that:

(a) relate to motor vehicle emission standards; and

(b) adopt the technical requirements, relating to motor vehicle emission standards, of the following:

(i) Regulation 83 of the United Nations Economic Commission for Europe, relating to uniform provisions concerning the approval of vehicles with regard to the emission of pollutants according to engine fuel requirements, incorporating all amendments up to and including the 04 Series of Amendments;

(ii) subject to subsection (4), European Council Directive 98/69/EC, relating to measures to be taken against air pollution by emissions from motor vehicles and amending European Council Directive 70/220/EEC;

(iii) a European Council Directive, made after 1 July 1999, amend-ing European Council Directive 88/77/EEC and relating to measures to be taken against the emission of gaseous and parti-cul-ate pollutants from diesel engines for use in vehicles; and

(c) come into effect as specified in subsection (5);

this Act does not commence until the day on which those vehicle standards are determined.

(4) Subparagraph (3)(b)(ii) does not apply to the extent that the technical requirements in European Council Directive 98/69/EC relate to the stand-ard commonly known as Euro 4, for emissions from petrol vehicles.

(5) The vehicle standards must come into effect as follows:

(a) in relation to the technical require-ments referred to in subparagraph (3)(b)(i):

(i) from 1 January 2002 for light diesel vehicles that are models first produced on or after 1 January 2002; and

(ii) from 1 January 2003 for all light diesel vehicles produced on or after 1 January 2003; and

(iii) from 1 January 2003 for petrol vehicles that are models first produced on or after 1 January 2003; and

(iv) from 1 January 2004 for all petrol vehicles produced on or after 1 January 2004;

(b) in relation to the technical require-ments referred to in subparagraph (3)(b)(ii):

(i) from 1 January 2005 for petrol vehicles that are models first produced on or after 1 January 2005; and

(ii) from 1 January 2006 for all petrol vehicles produced on or after 1 January 2006; and

(iii) from 1 January 2006 for light diesel vehicles that are models first produced on or after 1 January 2006; and

(iv) from 1 January 2007 for all light diesel vehicles produced on or after 1 January 2007;

(c) in relation to the technical requirements referred to in subparagraph (3)(b)(iii) to the extent that they relate to the standard commonly known as Euro 3:

(i) from 1 January 2002 for medium and heavy diesel vehicles that are models first produced on or after 1 January 2002; and

(ii) from 1 January 2003 for medium and heavy diesel vehicles pro-duced on or after 1 January 2003;

(d) in relation to the technical requirements referred to in sub-paragraph (3)(b)(iii) to the extent that they relate to the standard commonly known as Euro 4:

(i) from 1 January 2006 for medium and heavy diesel vehicles that are models first produced on or after 1 January 2006; and

(ii) from 1 January 2007 for medium and heavy diesel vehicles pro-duced on or after 1 January 2007.

(2) Page 1 (after line 10), after clause 2, insert:

2A States and Territories are bound

This Act binds the Crown in right of each of the States, of the Australian Capital Territory and of the Northern Territory.

(3) Page 2 (after line 2), at the end of Part 1, add:

3A The Energy Grants (Credits) Scheme

(1) The purpose of the Energy Grants (Credits) Scheme is to provide active encouragement for the move to the use of cleaner fuels.

(2) In the case of diesel fuel, the Com-monwealth intends to restrict entitle-ments available under the Energy Grants (Credits) Scheme to ultra low sulphur diesel for purchases from 1 January 2006 when a mandatory stand-ard of 50 parts per million of sulphur will come into effect.

(4) Clause 9, page 9 (after line 24), after paragraph (3)(c), insert:

(ca) the Total Environment Centre Inc; and

(5) Clause 9, page 9 (after line 26), at the end of the clause, add:

(4) A determination under subsection (1) or (2) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

(5) The Commissioner must, 30 days before making a determination, publish a draft of the determination on the Australian Taxation Office website together with an invitation seeking public comment on the draft deter-mination.

(6) The Commissioner must cause to be included in his or her annual report, in respect of each determination he or she has made:

(a) a summary of public comment received in accordance with subsection (5);

(b) a description of how public comment was taken into account in the final determination;

(c) where public comment is not taken into account in the final deter-mina-tion, a statement of reasons why the comment was not taken into account.

(7) As soon as practicable after making a final determination, the Commissioner must for at least 45 days publish the determination on the Australian Taxation Office website.

(6) Clause 34, page 28 (line 5), omit “turtles, dugong,”.

(7) Page 37 (after line 29), after clause 49, insert:

49A Proposed use for certain prohibited actions under Environment Protection and Biodiversity Conservation Act 1999

(1) Despite the other provisions of this Part, you are not entitled to an on-road credit for the purchase, or importation into Australia, of on-road diesel fuel, or on-road alternative fuel, for a particular use that involves taking an action mentioned in subsection (2) of this section without the approval mentioned in that subsection being in operation.

(2) For the purposes of subsection (1), the action is one to which a Subdivision of Division 1, Part 3 of the Environment Protection and Biodiversity Conservation Act 1999 would apply unless an approval required under that Division were in operation.

Note 1: Division 1 of Part 3 of the Environment Protection and Biodiversity Conservation Act 1999 makes it an offence to take action that has, will have or is likely to have a significant impact on a listed matter of national environmental signifi-cance unless an approval is obtained under that Act.

Note 2: This section does not apply if another exemption applies under Part 3 of the Environment Protection and Biodiversity Conservation Act 1999.

(8) Page 42 (after line 9), at the end of Part 4, add:

55A Proposed use in certain prohibited actions under Environment Protection and Biodiversity Conservation Act 1999

(1) Despite the other provisions of this Part, you are not entitled to an off-road credit for the purchase, or importation into Australia, of off-road diesel fuel or off-road alternative fuel, for a par-ticular use that involves taking an action mentioned in subsection (2) of this section without the approval men-tioned in that subsection being in operation.

(2) For the purposes of subsection (1), the action is one to which a Subdivision of Division 1, Part 3 of the Environment Protection and Biodiversity Conser-vation Act 1999 would apply unless an approval required under that Division were in operation.

Note 1: Division 1 of Part 3 of the Environment Protection and Biodiversity Conservation Act 1999 makes it an offence to take action that has, will have or is likely to have a significant impact on a listed matter of national environmental signifi-cance unless an approval is obtained under that Act.

Note 2: This section does not apply if another exemption applies under Part 3 of the Environment Protection and Biodiversity Con-servation Act 1999.


Mr Latham —Mr Deputy Speaker, I rise on a point of order. It relates to the earlier proceedings with the motion of suspension moved by the member for Melbourne. The member for Melbourne and I both had our microphones turned off before the minister had the call. I know these are just short periods in which we can say our piece but every moment matters. I ask if we can observe the normal practice that the microphones are only turned off once the minister has received the call from your good self.


The DEPUTY SPEAKER (Hon. B.C. Scott)—Thank you. I am sure that will be passed on to those who monitor the microphones.