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Recycling and Waste Reduction Charges (General) Bill 2020

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2019-2020

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

HOUSE OF REPRESENTATIVES

RECYCLING AND WASTE REDUCTION CHARGES (GENERAL) BILL 2020

 

RECYCLING AND WASTE REDUCTION CHARGES (CUSTOMS) BILL 2020

 

RECYCLING AND WASTE REDUCTION CHARGES (EXCISE) BILL 2020

 

 

 

 

 

 

 

EXPLANATORY MEMORANDUM

(Circulated by authority of the Minister for the Environment, the Hon. Sussan Ley MP)

                                                                            

RECYCLING AND WASTE REDUCTION CHARGES (GENERAL) BILL 2020

 

RECYCLING AND WASTE REDUCTION CHARGES (CUSTOMS) BILL 2020

 

RECYCLING AND WASTE REDUCTION CHARGES (EXCISE) BILL 2020

 

 

GENERAL OUTLINE

The Recycling and Waste Reduction Charges (General) Bill 2020, the Recycling and Waste Reduction Charges (Customs) Bill 2020, and the Recycling and Waste Reduction Charges (Excise) Bill 2020 (the Charges Bills) will complement the Recycling and Waste Reduction Bill 2020 (the Recycling and Waste Reduction Bill). The Charges Bills will enable the Commonwealth Government to recover the costs of regulating the export of certain waste materials where appropriate, in accordance with the Australian Government Charging Framework.

The Charges Bills will provide a framework for imposing charges. They will not themselves set the amount of the charges and will not impose any financial impacts. The charges for each type of regulated waste material, including the amounts and who is liable to pay them, will be set out in regulations made under the Charges Bills by the Governor-General in the future.

Three separate Acts are required because section 55 of the Constitution requires that matters of excise, customs and other taxation that is neither excise or customs be dealt with in separate Acts. If the charge is characterised as a duty of customs, it will be imposed under the Recycling and Waste Reduction Charges (Customs) Act 2020 . If it is characterised as a duty of excise it will be imposed under the Recycling and Waste Reduction Charges (Excise) Act 2020 . If it is characterised as neither a duty of excise nor a duty of customs it will be imposed under the Recycling and Waste Reduction Charges (General) Act 2020 .

The Recycling and Waste Reduction Bill will regulate the export of waste materials prescribed in rules (regulated waste material), among other things. The Recycling and Waste Reduction Bill, and the Rules made under it, are intended to provide the basis for reducing the environmental and human health impacts associated with the export of regulated waste material. This is to be achieved by imposing conditions on exports and requiring exporters to hold appropriate licences and comply with conditions imposed.

The Charges Bills are intended to ensure that appropriate cost recovery mechanisms are in place for services provided by the Commonwealth in relation to regulated waste material under the Recycling and Waste Reduction Bill. The Charges Bills will provide a framework (by allowing relevant charges to be prescribed by regulations) for applying charges to recover costs across regulated waste material exports to administer these arrangements. These costs will be considered on a case by case basis as each regulated waste material is prescribed in rules for the purposes of the Bills.

The Recycling and Waste Reduction Bill will provide a framework for dealing with administrative matters relating to waste material export charges such as collection, late payments, penalties and waiving or refunding charges.

 

FINANCIAL IMPACT STATEMENT

The Bill will have no financial impact on the Australian Government Budget.

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

The Bills are compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 .

The full statements of compatibility with human rights are attached to this explanatory memorandum.

 



 

RECYCLING AND WASTE REDUCTION CHARGES (GENERAL) BILL 2020

 

NOTES ON CLAUSES

Part 1—Preliminary

Clause 1          Short title

Clause 1 will provide that the Recycling and Waste Reduction Charges (General) Bill 2020 (the General Charges Bill) may be cited as the Recycling and Waste Reduction Charges (General) Act 2020 .

Clause 2          Commencement

Clause 2 will provide that the General Charges Bill will commence on the later of the day after it receives the Royal Assent, or immediately after the commencement of the Recycling and Waste Reduction Act 2020 .

However, the General Charges Bill will not commence if the Recycling and Waste Reduction Act 2020 does not commence.

Clause 3          Crown to be bound

Clause 3 will provide that the General Charges Bill will bind the Crown in right of each of the States, of the Australian Capital Territory and of the Northern Territory. However, it does not bind the Crown in right of the Commonwealth. This means that charges may be incurred relating to exports of regulated waste materials by a State or Territory government.

Clause 4          Extension to certain external Territories

Clause 4 will provide that the General Charges Bill will extend to every external territory. The Bill will apply to Cocos (Keeling) Islands for example, as it is an external territory.

Clause 5          Definitions

Clause 5 will define regulated waste material as having the same meaning as in the Recycling and Waste Reduction Act 2020 .

Clause 6          Act does not impose tax on property of State

Clause 6 will ensure that the General Charges Bill does not impose a tax on property of any kind belonging to a State. This is necessary because section 114 of the Constitution prevents the Commonwealth from imposing a tax of on the property of a State.

Subclause 6(2) will clarify that ‘property of any kind belonging to a State’ has the same meaning as in section 114 of the Constitution.

 

 

Part 2—Charges in relation to the export of regulated waste material

Clause 7          Imposition of charges

Clause 7 will impose a charge that relates to a matter that is either the export of regulated waste material or that relates to the export of regulated waste material. 

The matters for which a charge is imposed will be prescribed in regulations made for the purposes of clause 7. It is intended that the prescribed matters will generally reflect services provided by the Commonwealth in relation to regulated waste material under the Bill.

Subclause 7(2) will clarify that two or more charges may be prescribed in relation to the same matter and a single charge may be prescribed in relation to two or more matters.

Subclause 7(3) will provide that the prescribed charges will be imposed as taxes.

A charge is only imposed so far as that charge is neither a duty of customs nor a duty of excise within the meaning of section 55 of the Constitution.

Clause 8          Matters relating to amount of charges

Clause 8 will allow the regulations to prescribe a charge by either specifying an amount of the charge or specifying a method for working out the amount of the charge.

It is necessary to have the flexibility to prescribe the detail of the amount of the charge, or the method for working out the amount of the charge, in the regulations as:

·          different charges may be prescribed for different matters; and

·          it may be appropriate for some charges to be set as a flat amount, while for others it may be more appropriate to set a method for working out the charge in the regulations (e.g. by volume or hourly rate).

Consistent with Australian Government policy, the amount of any applicable charge will be determined on a case-by-case basis through a Cost Recovery Implementation Statement.

Subclause 8(2) will require that before the Governor-General makes regulations prescribing a charge, the Minister must be satisfied that the amounts of charges are set at a level that is designed to recover no more than the likely cost to the Commonwealth in connection with the regulated matter.

This is intended to provide assurance that the amount charged reflects the likely costs to the Commonwealth. Any charges set out in the regulations will be consistent with the Australian Government Charging Framework and the Australian Government Cost Recovery Guidelines.

Clause 9          Who is liable to pay charges

This clause will allow the regulations to prescribe who is liable to pay a charge imposed under the General Charges Bill. This may be one or more persons.

 

Clause 10        Exemptions from charges

This clause will allow the regulations to provide for exemptions from a charge imposed under the General Charges Bill.

Part 3—Miscellaneous

Clause 11        Regulations

This clause will enable the Governor-General to make regulations prescribing matters that are required or permitted by the General Charges Bill, or necessary or convenient to carry out or give effect to the General Charges Bill.

 



 

RECYCLING AND WASTE REDUCTION CHARGES (CUSTOMS) BILL 2020

 

NOTES ON CLAUSES

Part 1—Preliminary

Clause 1          Short title

Clause 1 will provide that the Recycling and Waste Reduction Charges (Customs) Bill 2020 (the Customs Charges Bill) may be cited as the Recycling and Waste Reduction Charges (Customs) Act 2020 .

Clause 2          Commencement

Clause 2 will provide that the Customs Charges Bill will commence on the later of the day after it receives the Royal Assent, or immediately after the commencement of the Recycling and Waste Reduction Act 2020 .

However, the Customs Charges Bill will not commence if the Recycling and Waste Reduction Act 2020 does not commence.

Clause 3          Crown to be bound

Clause 3 will provide that the Customs Charges Bill will bind the Crown in right of each of the States, of the Australian Capital Territory and of the Northern Territory. However, it does not bind the Crown in right of the Commonwealth. This means that charges may be incurred relating to exports of regulated waste materials by a State or Territory government.

Clause 4          Extension to certain external Territories

Clause 4 will provide that the Customs Charges Bill will extend to every external territory. The Bill will apply to Cocos (Keeling) Islands for example, as it is an external territory.

Clause 5          Definitions

Clause 5 will define regulated waste material as having the same meaning as in the Recycling and Waste Reduction Act 2020 .

Clause 6          Act does not impose tax on property of State

Clause 6 will ensure that the Customs Charges Bill does not impose a tax on property of any kind belonging to a State. This is necessary because section 114 of the Constitution prevents the Commonwealth from imposing a tax of on the property of a State.

Subclause 6(2) will clarify that ‘property of any kind belonging to a State’ has the same meaning as in section 114 of the Constitution.  

 

 

Part 2—Charges in relation to the export of regulated waste material

Clause 7          Imposition of charges

Clause 7 will impose a charge that relates to a matter that is either the export of regulated waste material or that relates to the export of regulated waste material.  

The matters for which a charge is imposed will be prescribed in regulations made for the purposes of clause 7. It is intended that the prescribed matters will generally reflect services provided by the Commonwealth in relation to regulated waste material under the Bill such as processing applications for export licences and ensuring compliance with export requirements and licence conditions.

Subclause 7(2) will clarify that two or more charges may be prescribed in relation to the same matter and a single charge may be prescribed in relation to two or more matters. For example, a single charge could be prescribed that covers both the costs associated with the lodgement of an export licence application and the subsequent assessment processes. Alternatively, multiple charges could be prescribed in relation to an export licence assessment process that cover different levels of complexity associated with the assessment.

Subclause 7(3) will provide that the prescribed charges will be imposed as taxes.

A charge is only imposed so far as that charge is a duty of customs within the meaning of section 55 of the Constitution.

Clause 8          Matters relating to amount of charges

Clause 8 will allow the regulations to prescribe a charge by either specifying an amount of the charge or specifying a method for working out the amount of the charge.

It is necessary to have the flexibility to prescribe the detail of the amount of the charge, or the method for working out the amount of the charge, in the regulations as:

·          different charges may be prescribed for different matters; and

·          it may be appropriate for some charges to be set as a flat amount, while for others it may be more appropriate to set a method for working out the charge (e.g. by volume or hourly rate).

Consistent with Australian Government policy, the amount of any applicable charge will be determined on a case-by-case basis through a Cost Recovery Implementation Statement.

Subclause 8(2) will require that before the Governor-General makes regulations prescribing a charge, the Minister must be satisfied that the amounts of charges are set at a level that is designed to recover no more than the likely cost to the Commonwealth in connection with the regulated matter.

This is intended to provide assurance that the amount charged reflects the likely costs to the Commonwealth. Any charges set out in the regulations will be consistent with the Australian Government Charging Framework and the Australian Government Cost Recovery Guidelines.

Clause 9          Who is liable to pay charges

This clause will allow the regulations to prescribe who is liable to pay a charge imposed under the Customs Charges Bill. This may be one or more persons.

Clause 10        Exemptions from charges

This clause will allow the regulations to provide for exemptions from a charge imposed under the Customs Charges Bill.

Part 3—Miscellaneous

Clause 11        Regulations

This clause will enable the Governor-General to make regulations prescribing matters that are required or permitted by the Customs Charges Bill, or necessary or convenient to carry out or give effect to the Customs Charges Bill.



 

RECYCLING AND WASTE REDUCTION CHARGES (EXCISE) BILL 2020

 

NOTES ON CLAUSES

Part 1—Preliminary

Clause 1          Short title

Clause 1 will provide that the Recycling and Waste Reduction Charges (Excise) Bill 2020 (the Excise Charges Bill) may be cited as the Recycling and Waste Reduction Charges (Excise) Act 2020 .

Clause 2          Commencement

Clause 2 will provide that the Excise Charges Bill will commence on the later of the day after it receives the Royal Assent, and immediately after the commencement of the Recycling and Waste Reduction Act 2020 .

However, the Excise Charges Bill will not commence if the Recycling and Waste Reduction Act 2020 does not commence.

Clause 3          Crown to be bound

Clause 3 will provide that the Excise Charges Bill will bind the Crown in right of each of the States, of the Australian Capital Territory and of the Northern Territory. However, it does not bind the Crown in right of the Commonwealth. This means that charges may be incurred relating to exports of regulated waste materials by a State or Territory government.

Clause 4          Extension to certain external Territories

Clause 4 will provide that the Excise Charges Bill will extend to every external territory. The Bill will apply to Cocos (Keeling) Islands for example, as it is an external territory.

Clause 5          Definitions

Clause 5 will define regulated waste material as having the same meaning as in the Recycling and Waste Reduction Act 2020 .

Clause 6          Act does not impose tax on property of State

Clause 6 will ensure that the Excise Charges Bill does not impose a tax on property of any kind belonging to a State. This is necessary because section 114 of the Constitution prevents the Commonwealth from imposing a tax of on the property of a State.

Subclause 6(2) will clarify that ‘property of any kind belonging to a State’ has the same meaning as in section 114 of the Constitution.

 

 

Part 2—Charges in relation to the export of regulated waste material

Clause 7          Imposition of charges

Clause 7 will impose a charge that relates to a matter that is either the export of regulated waste material or that relates to the export of regulated waste material. 

The matters for which a charge is imposed will be prescribed in regulations made for the purposes of clause 7. It is intended that the prescribed matters will generally reflect services provided by the Commonwealth in relation to regulated waste material under the Bill.

Subclause 7(2) will clarify that two or more charges may be prescribed in relation to the same matter and a single charge may be prescribed in relation to two or more matters.

Subclause 7(3) will provide that the prescribed charges will be imposed as taxes.

A charge is only imposed so far as that charge is a duty of excise within the meaning of section 55 of the Constitution.

Clause 8          Matters relating to amount of charges

Clause 8 will allow the regulations to prescribe a charge by either specifying an amount of the charge or specifying a method for working out the amount of the charge.

It is necessary to have the flexibility to prescribe the detail of the amount of the charge, or the method for working out the amount of the charge, in the regulations as:

·          different charges may be prescribed for different matters; and

·          it may be appropriate for some charges to be set as a flat amount, while for others it may be more appropriate to set a method for working out the charge in the regulations (e.g. by volume or hourly rate).

Consistent with Australian Government policy, the amount of any applicable charge will be determined on a case-by-case basis through a Cost Recovery Implementation Statement.

Subclause 8(2) will require that before the Governor-General makes regulations prescribing a charge, the Minister must be satisfied that the amounts of charges are set at a level that is designed to recover no more than the likely cost to the Commonwealth in connection with the regulated matter.

This is intended to provide assurance that the amount charged reflects the likely costs to the Commonwealth. Any charges set out in the regulations will be consistent with the Australian Government Charging Framework and the Australian Government Cost Recovery Guidelines.

Clause 9          Who is liable to pay charges

This clause will allow the regulations to prescribe who is liable to pay a charge imposed under the Excise Charges Bill. This may be one or more persons.

 

Clause 10        Exemptions from charges

This clause will allow the regulations to provide for exemptions from a charge imposed under the Excise Charges Bill.

Part 3—Miscellaneous

Clause 11        Regulations

This clause will enable the Governor-General to make regulations prescribing matters that are required or permitted by the Excise Charges Bill, or necessary or convenient to carry out or give effect to the Excise Charges Bill.

 

 



 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Recycling and Waste Reduction Charges (General) Bill 2020

 

This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 .

 

Overview of the Bill

The Recycling and Waste Reduction Charges (General) Bill 2020 (the General Charges Bill) complements the Recycling and Waste Reduction Bill 2020 (the Recycling and Waste Reduction Bill) by enabling the Commonwealth Government to recover the costs of regulating the export of certain waste materials where appropriate.

The Recycling and Waste Reduction Bill will regulate the export of particular waste materials prescribed in rules (regulated waste material), among other things. The Recycling and Waste Reduction Bill, and the rules made under it, are intended to provide the basis for minimising the environmental and human health impacts associated with the export of regulated waste material by imposing conditions on exports and requiring exporters to hold appropriate licences.

The General Charges Bill is intended to ensure that appropriate cost recovery mechanisms are in place for services provided by the Commonwealth in relation to regulated waste material under the Recycling and Waste Reduction Bill. The General Charges Bill provide a framework (by allowing general charges to be prescribed by regulations) for applying charges, in so far as the charge is neither a duty of customs nor a duty of excise to recover costs across waste material exports to recover costs across waste material exports to administer these arrangements.

Human rights implications

The General Charges Bill establishes a mechanism for imposing charges on regulated waste material to recover the costs of implementing the framework for the export of regulated waste materials. Therefore, the General Charges Bill does not engage any of the applicable rights or freedoms.

Conclusion

The General Charges Bill is compatible with human rights as it does not raise any human rights issues.

(Circulated by authority of the Minister for the Environment, the Hon. Sussan Ley MP)

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Recycling and Waste Reduction Charges (Customs) Bill 2020

 

This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 .

 

Overview of the Bill

The Recycling and Waste Reduction Charges (Customs) Bill 2020 (the Customs Charges Bill) complements the Recycling and Waste Reduction Bill 2020 (the Recycling and Waste Reduction Bill) by enabling the Commonwealth Government to recover the costs of regulating the export of certain waste materials where appropriate.

The Recycling and Waste Reduction Bill will regulate the export of particular waste materials prescribed in rules (regulated waste material), among other things. The Recycling and Waste Reduction Bill, and the rules made under it, are intended to provide the basis for minimising the environmental and human health impacts associated with the export of regulated waste material by imposing conditions on exports and requiring exporters to hold appropriate licences.

The Customs Charges Bill is intended to ensure that appropriate cost recovery mechanisms are in place for services provided by the Commonwealth in relation to regulated waste material under the Recycling and Waste Reduction Bill. The Customs Charges Bill provides a framework (by allowing customs charges to be prescribed by regulations) for applying charges, in so far as the charge is a duty of customs, to recover costs across waste material exports to administer these arrangements.

Human rights implications

The Customs Charges Bill establishes a mechanism for imposing charges on regulated waste material to recover the costs of implementing the framework for the export of regulated waste materials. Therefore, the Customs Charges Bill does not engage any of the applicable rights or freedoms.

Conclusion

The Customs Charges Bill is compatible with human rights as it does not raise any human rights issues.

(Circulated by authority of the Minister for the Environment, the Hon. Sussan Ley MP)

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Recycling and Waste Reduction Charges (Excise) Bill 2020

 

This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 .

 

Overview of the Bill

The Recycling and Waste Reduction Charges (Excise) Bill 2020 (the Excise Charges Bill) complements the Recycling and Waste Reduction Bill 2020 (the Recycling and Waste Reduction Bill) by enabling the Commonwealth Government to recover the costs of regulating the export of certain waste materials where appropriate.

The Recycling and Waste Reduction Bill will regulate the export of particular waste materials prescribed in rules (regulated waste material), among other things. The Recycling and Waste Reduction Bill, and the rules made under it, are intended to provide the basis for minimising the environmental and human health impacts associated with the export of regulated waste material by imposing conditions on exports and requiring exporters to hold appropriate licences.

The Excise Charges Bill is intended to ensure that appropriate cost recovery mechanisms are in place for services provided by the Commonwealth in relation to regulated waste material under the Recycling and Waste Reduction Bill. The Excise Charges Bill provide a framework (by allowing excise charges to be prescribed by regulations) for applying charges, in so far as the charge is a duty of excise, to recover costs across waste material exports to administer these arrangements.

Human rights implications

The Excise Charges Bill establishes a mechanism for imposing charges on regulated waste material to recover the costs of implementing the framework for the export of regulated waste materials. Therefore, the Excise Charges Bill does not engage any of the applicable rights or freedoms.

Conclusion

The Excise Charges Bill is compatible with human rights as it does not raise any human rights issues.

(Circulated by authority of the Minister for the Environment, the Hon. Sussan Ley MP)