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Carbon Pollution Reduction Scheme (CPRS Fuel Credits) Bill 2009 [No. 2]

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2008-2009

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

Carbon Pollution Reduction Scheme (CPRS Fuel Credits) Bill 2009

 

 

(1)     Clause 6-1, page 10 (line 11), omit “or agriculture”, substitute “, agriculture or forestry”.

[forestry]

(2)     Clause 6-1, page 10 (lines 14 and 15), omit “or incidental agricultural activities”, substitute “, incidental agricultural activities or incidental forestry activities”.

[forestry]

(3)     Heading to clause 6-5, page 11 (lines 18 and 19), omit “ or agriculture ”, substitute “, agriculture or forestry ”.

[forestry]

(4)     Clause 6-5, page 11 (line 28), omit “and”, substitute “or”.

[forestry]

(5)     Clause 6-5, page 11 (after line 28), at the end of paragraph 6-5(1)(c), add:

                            (iii)  * forestry; and

[forestry]

(6)     Heading to clause 6-10, page 12 (line 6), omit “ or incidental agricultural activities ”, substitute “, incidental agricultural activities or incidental forestry activities ”.

[forestry]

(7)     Clause 6-10, page 12 (line 16), omit “and”, substitute “or”.

[forestry]

(8)     Clause 6-10, page 12 (after line 16), at the end of paragraph 6-10(1)(d), add:

                            (iii)  * incidental forestry activities; and

[forestry]

(9)     Clause 7-5, page 19 (table item 1), omit “or agriculture”, substitute “, agriculture or forestry”.

[forestry]

(10)   Clause 7-5, page 19 (table item 2), omit “or incidental agricultural activities”, substitute “, incidental agricultural activities or incidental forestry activities”.

[forestry]

(11)   Clause 7-5, page 20 (table item 3), omit “or incidental agricultural activities”, substitute “, incidental agricultural activities or incidental forestry activities”.

[forestry]

(12)   Clause 13-1, page 33 (after line 29), after the definition of fishing operations , insert:

forestry has the same meaning as in the Energy Grants (Credits) Scheme Act 2003 , but does not include an activity relating to * carbon sequestration. For the purposes of this definition, disregard the repeal of that Act on 1 July 2012.

[forestry]

(13)   Clause 13-1, page 34 (after line 20), after the definition of incidental fishing activities , insert:

incidental forestry activities has the meaning given by the regulations.

[forestry]



 

 

Parliamentary Counsel

Carbon Pollution Reduction Scheme (CPRS Fuel Credits) Bill 2009

AL239

Statement of reasons: why certain amendments should be moved as requests

Section 53 of the Constitution is as follows:

Powers of the Houses in respect of legislation

53. Proposed laws appropriating revenue or moneys, or imposing taxation, shall not originate in the Senate. But a proposed law shall not be taken to appropriate revenue or moneys, or to impose taxation, by reason only of its containing provisions for the imposition or appropriation of fines or other pecuniary penalties, or for the demand or payment or appropriation of fees for licences, or fees for services under the proposed law.

The Senate may not amend proposed laws imposing taxation, or proposed laws appropriating revenue or moneys for the ordinary annual services of the Government.

The Senate may not amend any proposed law so as to increase any proposed charge or burden on the people.

The Senate may at any stage return to the House of Representatives any proposed law which the Senate may not amend, requesting, by message, the omission or amendment of any items or provisions therein. And the House of Representatives may, if it thinks fit, make any of such omissions or amendments, with or without modifications.

Except as provided in this section, the Senate shall have equal power with the House of Representatives in respect of all proposed laws.

Amendments (4), (5) and (12)

The effect of amendments (4), (5) and (12) is to extend fuel credits under clause 6-5 of the Bill to forestry. The amendments are covered by section 53 because the Bill as amended, when read together with the proposed amendments to section 60-5 of the Fuel Tax Act 2006 made by the Carbon Pollution Reduction Scheme (CPRS Fuel Credits) (Consequential Amendments) Bill 2009, could result in increased net fuel amounts being payable out of the standing appropriation in section 16 of the Taxation Administration Act 1953 .

Amendments (7), (8) and (13)

The effect of amendments (7), (8) and (13) is to extend fuel credits under clause 6-10 of the Bill to incidental forestry activities. The amendments are covered by section 53 because the Bill as amended, when read together with the proposed amendments to section 60-5 of the Fuel Tax Act 2006 made by the Carbon Pollution Reduction Scheme (CPRS Fuel Credits) (Consequential Amendments) Bill 2009, could result in increased net fuel amounts being payable out of the standing appropriation in section 16 of the Taxation Administration Act 1953 .

Consequential amendments

The following amendments are consequential on the amendments mentioned above:

Amendments (1) and (2) amend the simplified outline in clause 6-1 of the Bill.

Amendments (3) and (6) amend the headings to clauses 6-5 and 6-10 of the Bill.

Amendments (9), (10) and (11) amend bracketed notes referring to clauses 6-5 and 6-10 of the Bill.



 

Carbon Pollution Reduction Scheme (CPRS Fuel Credits) Bill 2009 [No. 2] SHEET AL239

 

 

 

Statement by the Clerk of the Senate pursuant

to the order of the Senate of 26 June 2000

 

 

 



Amendments (4), (5), (7), (8), (12) and (13)

 

The Senate has long followed the practice that it should treat as requests amendments which would result in increased expenditure under a standing appropriation, although this interpretation is not consistent with other elements of the established interpretation of the third paragraph of section 53 of the Constitution. This has nothing to do with the introduction of bills under the first paragraph of section 53.

 

If it is correct that these amendments require the Commissioner of Taxation to make payments which will be payable from a standing appropriation, it is in accordance with the precedents of the Senate that the amendments be moved as requests.

 

Amendments (1) to (3), (6), and (9) to (11)

 

These amendments are consequential on the requests. It is the practice of the Senate that amendments purely consequential on amendments framed as requests should also be framed as requests.