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Road Charges Legislation Repeal and Amendment Bill 2008

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2008

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

Road Charges Legislation Repeal and Amendment Bill 2008

 

 

(1)     Schedule 3, item 1, page 5 (lines 6 to 8), omit the item, substitute:

1  Subsection 43-10(3)

Omit “, determined by the * Transport Minister”, substitute “for the fuel”.

[Ministerial determination]

(2)     Schedule 3, item 3, page 5 (lines 11 and 12), to be opposed .

[Ministerial determination]

(3)     Schedule 3, item 4, page 5 (line 15), omit the heading to subsection 43-10(7), substitute:

Determining the rate of road user charge

[indexation and public consultation]

(4)     Schedule 3, item 4, page 5 (lines 16 to 18), omit “The road user charge for taxable fuel means the following rate (as indexed in accordance with regulations made for the purposes of subsection (8))”, substitute “The amount of road user charge for taxable fuel is worked out using the following rate”.

[indexation]

(5)     Schedule 3, item 4, page 5 (lines 19 and 20), omit “prescribed by the regulations for the purposes of this definition”, substitute “determined by the * Transport Minister”.

[Ministerial determination]

(6)     Schedule 3, item 4, page 5 (lines 22 and 23), omit “prescribed by the regulations for the purposes of this definition”, substitute “determined by the Transport Minister”.

[Ministerial determination]

(7)     Schedule 3, item 4, page 5 (lines 24 and 25), omit subsection 43-10(8), substitute:

             (8)  For the purposes of subsection (7), the * Transport Minister may determine, by legislative instrument, the rate of the road user charge.

             (9)  Before the * Transport Minister determines an increased rate of road user charge, the Transport Minister must:

                     (a)  make the following publicly available for at least 60 days:

                              (i)  the proposed increased rate of road user charge;

                             (ii)  any information that was relied on in determining the proposed increased rate; and

                     (b)  consider any comments received, within the period specified by the Transport Minister, from the public in relation to the proposed increased rate.

           (10)  However, the * Transport Minister may, as a result of considering any comments received from the public in accordance with subsection (9), determine a rate of road user charge that is different from the proposed rate that was made publicly available without making that different rate publicly available in accordance with that subsection.

[indexation and public consultation]

(8)     Schedule 3, items 5 to 8, page 5 (line 26) to page 6 (line 8), to be opposed .

[Ministerial determination]



 

Road Charges Legislation Repeal and Amendment Bill 2008 SHEET PD357

 

 

 

Statement by the Clerk of the Senate pursuant to the order of

the Senate of 26 June 2000

 

 

 

 



This is a bill imposing taxation within the meaning of section 53 of the Constitution. The Senate may not amend a bill imposing taxation and therefore, any amendments to the bill must be moved as requests. This is in accordance with the precedents of the Senate.