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Australian Radiation Protection and Nuclear Safety (Licence Charges) Bill 1998



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Bills Digest No. 212 1997-98

 

Australian Radiation Protection and Nuclear Safety (Licence Charges) Bill 1998

Warning:

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

Contents

 

Passage History

Australian Radiation Protection and Nuclear Safety (Licence Charges) Bill 1998

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 f or 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 Australi an 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 a nd 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.

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Contact Officer

Susan Downing

14 May 1998

Bills Digest Service

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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 pap er 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.