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Low Aromatic Fuel Bill 2012

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2010-2011-2012

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

Low Aromatic Fuel Bill 2012

 

 

(1)     Clause 3, page 2 (line 7), after “people”, insert “, including Aboriginal persons and Torres Strait Islanders,”.

[Aboriginal persons and Torres Strait Islanders]

(2)     Clause 3, page 2 (lines 12 and 13), omit “fuel areas. A corporation must not supply regular unleaded petrol in a low aromatic fuel area.”, substitute “fuel areas, prohibiting the supply of regular unleaded petrol in a low aromatic fuel area.”.

[Aboriginal persons and Torres Strait Islanders]

(3)     Clause 3, page 3 (line 2), after “that area”, insert “, and if certain other conditions are satisfied”.

[preconditions for designation of areas]

(4)     Clause 3, page 3 (line 6), after “fuel area”, insert “, and if certain other conditions are satisfied”.

[preconditions for designation of areas]

(5)     Clause 4, page 3 (lines 23 to 25), omit the clause, substitute:

4   Object of this Act

                   The object of this Act is to enable special measures to be taken to reduce the potential harm to the health of people, including Aboriginal persons and Torres Strait Islanders, living in certain areas from sniffing fuel.

[Aboriginal persons and Torres Strait Islanders]

(6)     Clause 5, page 4 (before line 1), before the definition of conduct , insert:

Aboriginal person means a person of the Aboriginal race of Australia.

[Aboriginal persons and Torres Strait Islanders]

(7)     Clause 5, page 4 (before line 12), before the definition of fuel control area , insert:

fuel means:

                     (a)  petrol, or any substance that is used as a substitute for petrol; or

                     (b)  a substance of a kind prescribed by the regulations for the purposes of this definition.

[definition of fuel]

(8)     Clause 5, page 4 (after line 13), after the definition of fuel control area , insert:

low aromatic fuel means:

                     (a)  unleaded petrol that has a research octane number of less than 95, and that has aromatic compounds of less than 5% to help discourage fuel sniffing; or

                     (b)  unleaded petrol of a kind prescribed by the regulations for the purposes of this definition.

[definition of low aromatic fuel]

(9)     Clause 5, page 4 (after line 23), after the definition of supply , insert:

Torres Strait Islander means a descendant of an Indigenous inhabitant of the Torres Strait Islands.

[Aboriginal persons and Torres Strait Islanders]

(10)   Clause 8, page 6 (line 18), omit “believing that”, substitute “knowing that, or reckless as to whether,”.

[supply offence fault elements]

(11)   Clause 11, page 11 (line 15), after “people”, insert “, including Aboriginal persons and Torres Strait Islanders,”.

[Aboriginal persons and Torres Strait Islanders]

(12)   Clause 13, page 12 (after line 8), after paragraph (1)(a), insert:

                    (aa)  Aboriginal persons or Torres Strait Islanders (or representatives of Aboriginal persons or Torres Strait Islanders);

[Aboriginal persons and Torres Strait Islanders]

(13)   Clause 14, page 13 (lines 7 to 10), omit subclause (2), substitute:

             (2)  The Minister may only designate an area under subsection (1) if:

                     (a)  the Minister is satisfied that designating the area is reasonably likely to help reduce potential harm to the health of people, including Aboriginal persons and Torres Strait Islanders, living in the area from sniffing fuel; and

                     (b)  the Minister is satisfied that there are adequate facilities or arrangements for the supply of low aromatic fuel to and within the area being designated; and

                     (c)  the Minister considers that the appropriate States and Territories have not enacted legislation consistent with this Act to reduce the harm of petrol sniffing, and it is unlikely that they will enact such legislation within a reasonable period.

[preconditions for designation of areas]

(14)   Clause 14, page 13 (line 13), after “people”, insert “, including Aboriginal persons and Torres Strait Islanders,”.

[Aboriginal persons and Torres Strait Islanders]

(15)   Clause 14, page 13 (line 14), after “people”, insert “, including Aboriginal persons and Torres Strait Islanders,”.

[Aboriginal persons and Torres Strait Islanders]

(16)   Clause 14, page 13 (line 16), after “people”, insert “, including Aboriginal persons and Torres Strait Islanders,”.

[Aboriginal persons and Torres Strait Islanders]

(17)   Clause 14, page 13 (line 18), after “people”, insert “, including Aboriginal persons and Torres Strait Islanders,”.

[Aboriginal persons and Torres Strait Islanders]

(18)   Clause 15, page 13 (lines 29 to 32), omit subclause (2), substitute:

             (2)  The Minister may only designate an area under subsection (1) if he or she is satisfied that:

                     (a)  designating the area is reasonably likely to help reduce potential harm to the health of people, including Aboriginal persons and Torres Strait Islanders, living in that area or in a low aromatic fuel area from sniffing fuel; and

                     (b)  the Minister is satisfied that there are adequate facilities or arrangements for the supply of low aromatic fuel to and within the area being designated; and

                     (c)  the Minister considers that the appropriate States and Territories have not enacted legislation consistent with this Act to reduce the harm of petrol sniffing, and it is unlikely that they will enact such legislation within a reasonable period.

[preconditions for designation of areas]

(19)   Clause 15, page 14 (line 3), after “people”, insert “, including Aboriginal persons and Torres Strait Islanders,”.

[Aboriginal persons and Torres Strait Islanders]

(20)   Clause 15, page 14 (line 5), after “people”, insert “, including Aboriginal persons and Torres Strait Islanders,”.

[Aboriginal persons and Torres Strait Islanders]

(21)   Clause 15, page 14 (line 8), after “people”, insert “, including Aboriginal persons and Torres Strait Islanders,”.

[Aboriginal persons and Torres Strait Islanders]

(22)   Clause 15, page 14 (line 11), after “people”, insert “, including Aboriginal persons and Torres Strait Islanders,”.

[Aboriginal persons and Torres Strait Islanders]

(23)   Clause 16, page 14 (after line 25), after paragraph (1)(a), insert:

                    (aa)  Aboriginal persons or Torres Strait Islanders (or representatives of Aboriginal persons or Torres Strait Islanders);

[Aboriginal persons and Torres Strait Islanders]

(24)   Clause 17, page 16 (lines 10 and 11), omit paragraph 17(1)(b), substitute:

                     (b)  either:

                              (i)  if the exemption is for the purposes of subsection 8(4), 10(2) or 12(2)—it is unlikely that the wellbeing of people, including Aboriginal persons and Torres Strait Islanders, will be adversely affected by the exemption; or

                             (ii)  if the exemption is for the purposes of subsection 8(4)—the exemption is necessary because of the unavailability, or likely unavailability, of low aromatic fuel.

[ensuring supply]

(25)   Page 17 (after line 15), after clause 18, insert:

18A   Acquisition of property

                   This Act, or any instrument made under this Act, does not apply to the extent that the operation of this Act or the instrument would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph).

[acquisition of property]