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Ozone Protection (Licence Fees—Imports) Amendment Bill 2003
Schedule 1 Amendments

   

Ozone Protection (Licence Fees—Imports) Act 1995

1  Title

Repeal the title, substitute:

An Act to impose a levy on the import of HCFCs, methyl bromide and SGGs under licences granted under the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989

2  Section 1

Omit “ (Licence Fees—Imports) ”, substitute “ and Synthetic Greenhouse Gas (Import Levy) ”.

3  Section 3

After “ Ozone Protection ”, insert “ and Synthetic Greenhouse Gas Management ”.

4  Section 4

Repeal the section, substitute:

4   Import levy

             (1)  If:

                     (a)  a controlled substances licence allows the licensee to import a substance or substances; and

                     (b)  the licensee imports any such substance during a quarter during which the licence is in force;

then levy is imposed on the licensee in respect of that import at the rate prescribed by the regulations.

             (2)  Subsection (1) does not apply to the import of an SGG in circumstances that are prescribed for the purposes of subsection 13(1A) of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 .

             (3)  If the licensee of a pre-charged equipment licence imports any pre-charged equipment during a quarter during which the licence is in force, then levy is imposed on the licensee in respect of that import at the rate prescribed by the regulations in respect of the scheduled substance contained in the pre-charged equipment.

             (4)  For the purposes of this section, if a licence is in force for only part of a particular quarter, that part is taken to be a quarter.

             (5)  The rate of levy prescribed by the regulations cannot exceed:

                     (a)  for HCFCs—$3,000 per ODP tonne; and

                     (b)  for SGGs—$165 per tonne; and

                     (c)  for methyl bromide—$135 per tonne.

Note:          For the purposes of paragraph (a), the method of calculating ODP tonnes is set out in section 10 of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 .

5  Section 5

Omit “fixing a rate for the purposes of subsection 4(1)”, substitute “for the purposes of section 4”.

 

 

 

 

 

[ Minister’s second reading speech made in—

House of Representatives on 5 June 2003

Senate on 24 November 2003 ]

(83/03)