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Greenhouse and Energy Minimum Standards (Registration Fees) Bill 2012

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2010-2011-2012

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

HOUSE OF REPRESENTATIVES

 

 

GREENHOUSE AND ENERGY MINIMUM STANDARDS

(REGISTRATION FEES) BILL 2012

 

 

SUPPLEMENTARY EXPLANATORY MEMORANDUM

 

 

Amendments to be moved on Behalf of the Government

 

 

(Circulated by authority of the Minister for Climate Change and Energy Efficiency,

the Honourable Greg Combet MP)

ITEM 1  CLARIFYING THE LIMIT ON REGISTRATION FEES

Item 1 amends clause 9 of the Greenhouse and Energy Minimum Standards (Registration Fees) Bill 2012 to clarify a limit on the Greenhouse and Energy Minimum Standards Regulator’s power to specify registration fees.

When specifying or calculating the amount of a registration fee, the GEMS Regulator may only take into account certain costs incurred administering the Greenhouse and Energy Minimum Standards Act 2012.

Registration fees may only recover the costs incurred processing applications to register products under the Greenhouse and Energy Minimum Standards Act 2012, and costs incurred monitoring compliance with the Act. Costs incurred processing registration applications may include costs such as the staff required to process and approve applications, the costs of the establishing and maintaining the online portal and database for registration applications, the cost of procuring specialist advice to identify whether niche products comply with relevant standards, or the cost of communicating with existing and prospective applicants.

Costs incurred in compliance monitoring may include testing products for compliance with relevant standards, training inspectors and conducting store audits or online monitoring to identify whether products comply with standards, and the cost of communicating with persons who are required to comply with the Act.

Registration fees initially were intended for the purpose of cost recovery only, and this intention was specified in the explanatory memorandum to the Greenhouse and Energy Minimum Standards (Registration Fees) Bill 2012. However, the Senate Standing Committee for the Scrutiny of Bills enquired whether thought had been given to making this limitation more clear on the face of the legislation. This amendment will make the policy intention to limit registration fees clearer in the legislation.