[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023-2024
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
As passed by both Houses
Commonwealth Entities (Payment
Surcharges) (Consequential Provisions
and Other Matters) Bill 2024
No. , 2024
A Bill for an Act to deal with consequential matters
arising from the enactment of the Commonwealth
Entities (Payment Surcharges) Act 2024 and with
certain payment surcharges, and for related
purposes
No. , 2024
Commonwealth Entities (Payment Surcharges) (Consequential
Provisions and Other Matters) Bill 2024
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Schedules ........................................................................................... 3
Schedule 1--Consequential amendments
4
Part 1--Amendment of migration legislation
4
Migration (Credit Card Surcharge) Instrument (LIN 24/024) 2024
4
Migration (PayPal Surcharge) Instrument (LIN 24/025) 2024
4
Migration Regulations 1994
4
Migration Regulations 1994 - Specification of Circumstances in
Which a PayPal Surcharge Must be Waived or Refunded
2016/084 - IMMI 16/084
4
Part 2--Other amendments
6
Administrative Decisions (Judicial Review) Act 1977
6
Australian Citizenship Regulation 2016
6
Customs Regulation 2015
7
Schedule 2--Payment surcharges charged before
commencement
8
Part 1--Definitions
8
Part 2--Payment surcharges charged and collected before
commencement
9
Part 3--Commonwealth entities (payment surcharges) tax
11
No. , 2024
Commonwealth Entities (Payment Surcharges) (Consequential
Provisions and Other Matters) Bill 2024
1
A Bill for an Act to deal with consequential matters
1
arising from the enactment of the Commonwealth
2
Entities (Payment Surcharges) Act 2024 and with
3
certain payment surcharges, and for related
4
purposes
5
The Parliament of Australia enacts:
6
1 Short title
7
This Act is the
Commonwealth Entities (Payment Surcharges)
8
(Consequential Provisions and Other Matters) Act 2024
.
9
2
Commonwealth Entities (Payment Surcharges) (Consequential
Provisions and Other Matters) Bill 2024
No. , 2024
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
At the same time as the commencement of
the
Commonwealth Entities (Payment
Surcharges) Act 2024
.
However, the provisions do not commence
at all if that Act does not commence.
3. Schedule 2,
Parts 1 and 2
At the same time as the commencement of
the
Commonwealth Entities (Payment
Surcharges) Act 2024
.
However, the provisions do not commence
at all if that Act does not commence.
4. Schedule 2,
Part 3
The later of:
(a) the commencement of the
Commonwealth Entities (Payment
Surcharges) Act 2024
; and
(b) the commencement of the
Commonwealth Entities (Payment
Surcharges) Tax (Imposition) Act 2024
.
However, the provisions do not commence
at all unless both of the events mentioned in
paragraphs (a) and (b) occur.
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
No. , 2024
Commonwealth Entities (Payment Surcharges) (Consequential
Provisions and Other Matters) Bill 2024
3
(2) Any information in column 3 of the table is not part of this Act.
1
Information may be inserted in this column, or information in it
2
may be edited, in any published version of this Act.
3
3 Schedules
4
Legislation that is specified in a Schedule to this Act is amended or
5
repealed as set out in the applicable items in the Schedule
6
concerned, and any other item in a Schedule to this Act has effect
7
according to its terms.
8
Note:
The provisions of a legislative instrument (the
principal instrument
)
9
amended by this Act, and any other provisions of the principal
10
instrument, may be amended or repealed by a legislative instrument
11
made under the enabling provision for the principal instrument (see
12
subsection 13(5) of the
Legislation Act 2003
).
13
Schedule 1
Consequential amendments
Part 1
Amendment of migration legislation
4
Commonwealth Entities (Payment Surcharges) (Consequential
Provisions and Other Matters) Bill 2024
No. , 2024
Schedule 1--Consequential amendments
1
Part 1--Amendment of migration legislation
2
Migration (Credit Card Surcharge) Instrument (LIN 24/024)
3
2024
4
1 The whole of the instrument
5
Repeal the instrument.
6
Migration (PayPal Surcharge) Instrument (LIN 24/025)
7
2024
8
2 The whole of the instrument
9
Repeal the instrument.
10
Migration Regulations 1994
11
3 Subregulation 2.12JA(1) (notes 1 and 2)
12
Repeal the notes.
13
4 Subregulation 2.12N(3) (notes 1 and 2)
14
Repeal the notes.
15
5 Regulations 5.41A and 5.41B
16
Repeal the regulations.
17
Migration Regulations 1994 - Specification of Circumstances
18
in Which a PayPal Surcharge Must be Waived or
19
Refunded 2016/084 - IMMI 16/084
20
6 The whole of the instrument
21
Repeal the instrument.
22
Consequential amendments
Schedule 1
Amendment of migration legislation
Part 1
No. , 2024
Commonwealth Entities (Payment Surcharges) (Consequential
Provisions and Other Matters) Bill 2024
5
7 Application of amendments
1
(1)
The amendments made by this Part apply in relation to a payment of a
2
fee or charge, or part of a fee or charge, made on or after the
3
commencement of this item.
4
(2)
To avoid doubt, the repeal of the following (about waiving or refunding
5
credit card surcharge or PayPal surcharge) made by this Part does not
6
apply in relation to a credit card surcharge or PayPal surcharge relating
7
to a payment if the payment was made before the commencement of
8
this item:
9
(a) subregulations 5.41A(4) and (5) and 5.41B(4) and (5) of the
10
Migration Regulations 1994
;
11
(b) the
Migration Regulations 1994 - Specification of
12
Circumstances in Which a PayPal Surcharge Must be
13
Waived or Refunded 2016/084 - IMMI 16/084
.
14
Schedule 1
Consequential amendments
Part 2
Other amendments
6
Commonwealth Entities (Payment Surcharges) (Consequential
Provisions and Other Matters) Bill 2024
No. , 2024
Part 2--Other amendments
1
Administrative Decisions (Judicial Review) Act 1977
2
8 At the end of Schedule 2
3
Add:
4
; (ze) decisions under section 5 or 6 of the
Commonwealth Entities
5
(Payment Surcharges) Act 2024
.
6
Australian Citizenship Regulation 2016
7
9 Section 5
8
Repeal the following definitions:
9
(a) definition of
credit card surcharge
;
10
(b) definition of
PayPal surcharge
;
11
(c) definition of
Schedule 3 amount
.
12
10 Section 16
13
Repeal the section, substitute:
14
16 Fees to accompany applications
15
For the purposes of paragraph 46(1)(d) of the Act, the fee to
16
accompany an application under a provision of the Act is the
17
amount set out in Schedule 3 to this instrument for the application.
18
11 Subsections 17(5) and (7)
19
Repeal the subsections.
20
12 Application of amendments
21
(1)
The amendments of the
Australian Citizenship Regulation 2016
made
22
by this Part apply in relation to an application made under a provision
23
of the
Australian Citizenship Act 2007
on or after the commencement of
24
this item.
25
Consequential amendments
Schedule 1
Other amendments
Part 2
No. , 2024
Commonwealth Entities (Payment Surcharges) (Consequential
Provisions and Other Matters) Bill 2024
7
(2)
To avoid doubt, despite those amendments, section 17 of the
Australian
1
Citizenship Regulation 2016
, as in force immediately before the
2
commencement of this item, continues to apply, on and after that
3
commencement, in relation to refunding the whole or part of a fee
4
(including a credit card surcharge or PayPal surcharge) accompanying
5
an application made under a provision of the
Australian Citizenship Act
6
2007
if the application was made before that commencement.
7
Customs Regulation 2015
8
13 Sections 150B and 150C
9
Repeal the sections.
10
14 Application of amendments
11
(1)
The amendments of the
Customs Regulation 2015
made by this Part
12
apply in relation to a payment of all or some duty, tax, charge, fee,
13
security, penalty or amount specified in an infringement notice if the
14
payment is made on or after the commencement of this item.
15
(2)
To avoid doubt, the repeal of subsections 150B(4) and 150C(4) of the
16
Customs Regulation 2015
(about refunding credit card surcharge or
17
PayPal surcharge) made by this Part does not apply in relation to a
18
refund of an amount of a payment if the payment was made before the
19
commencement of this item.
20
Schedule 2
Payment surcharges charged before commencement
Part 1
Definitions
8
Commonwealth Entities (Payment Surcharges) (Consequential
Provisions and Other Matters) Bill 2024
No. , 2024
Schedule 2--Payment surcharges charged
1
before commencement
2
Part 1--Definitions
3
1 Definitions
4
In this Schedule:
5
Commonwealth entities (payment surcharges) tax
means tax imposed
6
by the
Commonwealth Entities (Payment Surcharges) Tax (Imposition)
7
Act 2024
.
8
Commonwealth entity
has the same meaning as in the
Commonwealth
9
Entities (Payment Surcharges) Act 2024
.
10
payment surcharge
has the same meaning as in the
Commonwealth
11
Entities (Payment Surcharges) Act 2024
.
12
surchargeable payment
has the same meaning as in the
Commonwealth
13
Entities (Payment Surcharges) Act 2024
.
14
Payment surcharges charged before commencement
Schedule 2
Payment surcharges charged and collected before commencement
Part 2
No. , 2024
Commonwealth Entities (Payment Surcharges) (Consequential
Provisions and Other Matters) Bill 2024
9
Part 2--Payment surcharges charged and collected
1
before commencement
2
2 Payment surcharges charged before commencement
3
(1)
This item applies if, at a time occurring on or after 1 January 2003 and
4
before the commencement of this Act:
5
(a) a Commonwealth entity had, under a law of the
6
Commonwealth, a State or a Territory, the power, function or
7
duty of collecting a payment (the
base payment
); and
8
(b) apart from this item, the base payment was not a
9
surchargeable payment; and
10
(c) the Commonwealth entity charged, or purported to charge, a
11
payment surcharge in relation to the base payment.
12
(2)
The Commonwealth entity is taken, by force of this item, to have
13
always been authorised to charge the payment surcharge.
14
3 Payment surcharges collected before commencement
15
(1)
This item applies if, at a time occurring on or after 1 January 2003 and
16
before the commencement of this Act:
17
(a) a Commonwealth entity had, under a law of the
18
Commonwealth, a State or a Territory, the power, function or
19
duty of collecting a payment (the
base payment
); and
20
(b) apart from this item, the base payment was not a
21
surchargeable payment; and
22
(c) the Commonwealth entity collected, or purported to collect, a
23
payment surcharge in relation to the base payment.
24
(2)
The Commonwealth entity is taken, by force of this item, to have
25
always been authorised to collect the payment surcharge.
26
4 Acquisition of property
27
(1)
Item 2 or 3 has no effect to the extent (if any) to which:
28
(a) its operation would result in an acquisition of property from a
29
person otherwise than on just terms; and
30
Schedule 2
Payment surcharges charged before commencement
Part 2
Payment surcharges charged and collected before commencement
10
Commonwealth Entities (Payment Surcharges) (Consequential
Provisions and Other Matters) Bill 2024
No. , 2024
(b) the acquisition of property would be invalid because of
1
paragraph 51(xxxi) of the Constitution.
2
(2)
In this item:
3
acquisition of property
has the same meaning as in paragraph 51(xxxi)
4
of the Constitution.
5
just terms
has the same meaning as in paragraph 51(xxxi) of the
6
Constitution.
7
Payment surcharges charged before commencement
Schedule 2
Commonwealth entities (payment surcharges) tax
Part 3
No. , 2024
Commonwealth Entities (Payment Surcharges) (Consequential
Provisions and Other Matters) Bill 2024
11
Part 3--Commonwealth entities (payment
1
surcharges) tax
2
5 Commonwealth entities (payment surcharges) tax
3
(1)
A person is liable to pay Commonwealth entities (payment surcharges)
4
tax if:
5
(a) at a time occurring on or after 1 January 2003 and before the
6
commencement of this Act:
7
(i) a Commonwealth entity had, under a law of the
8
Commonwealth, a State or a Territory, the power,
9
function or duty of collecting a payment (the
base
10
payment
); and
11
(ii) the base payment was not a surchargeable payment; and
12
(iii) the Commonwealth entity charged, or purported to
13
charge, a payment surcharge in relation to the base
14
payment; and
15
(iv) the payment surcharge was paid, or purportedly paid;
16
and
17
(b) the Commonwealth, or the Commonwealth entity, is liable to
18
pay to the person an amount because of the matters
19
mentioned in subparagraphs (a)(ii) to (iv).
20
Note 1: The base payment was a surchargeable payment if Part 2 applies to it. Item 4 limits the
21
application of Part 2.
22
Note 2: The amount of the tax is set out in the
Commonwealth Entities (Payment Surcharges)
23
Tax (Imposition) Act 2024
.
24
(2)
The Commonwealth, or the Commonwealth entity, (whichever is
25
relevant) must set off the amount of Commonwealth entities (payment
26
surcharges) tax that the person is liable to pay against the liability
27
mentioned in paragraph (1)(b).
28
Item does not limit Imposition Act
29
(3)
Nothing in this item limits section 6 of the
Commonwealth Entities
30
(Payment Surcharges) Tax (Imposition) Act 2024
.
31
Note:
Section 6 of the
Commonwealth Entities (Payment Surcharges) Tax (Imposition) Act
32
2024
provides that Commonwealth entities (payment surcharges) tax is not imposed in
33
Schedule 2
Payment surcharges charged before commencement
Part 3
Commonwealth entities (payment surcharges) tax
12
Commonwealth Entities (Payment Surcharges) (Consequential
Provisions and Other Matters) Bill 2024
No. , 2024
relation to a base payment if the imposition would exceed the legislative power of the
1
Commonwealth.
2
3
(159/24)