GREENHOUSE AND ENERGY MINIMUM STANDARDS (REGISTRATION FEES) BILL 2012

2010-2011-2012

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Greenhouse and Energy Minimum

Standards (Registration Fees) Bill 2012

No. , 2012

(Climate Change and Energy Efficiency)

A Bill for an Act to impose, as taxes, fees for

registering models of GEMS products under the

Greenhouse and Energy Minimum Standards Act

2012, and for related purposes

i Greenhouse and Energy Minimum Standards (Registration Fees) Bill 2012 No. , 2012

Contents

Part 1--Preliminary

1 Short

title

...........................................................................................

2 Commencement

.................................................................................

Act binds the Crown .......................................................................... 2

4 External

Territories

............................................................................

5 Extraterritorial

application ................................................................. 2

Act does not impose tax on property of a State ................................. 3

7 Definitions

.........................................................................................

Part 2--Registration fees

Imposition of registration fees ........................................................... 4

Matters relating to amount of fees ..................................................... 4

Part 3--Miscellaneous

10 Regulations

........................................................................................

Greenhouse and Energy Minimum Standards (Registration Fees) Bill 2012 No. , 2012

A Bill for an Act to impose, as taxes, fees for

registering models of GEMS products under the

Greenhouse and Energy Minimum Standards Act

2012, and for related purposes

The Parliament of Australia enacts:

Part 1--Preliminary

1 Short title

This Act may be cited as the Greenhouse and Energy Minimum

Standards (Registration Fees) Act 2012.

Part 1 Preliminary

Section 2

2 Greenhouse and Energy Minimum Standards (Registration Fees) Bill 2012 No. ,

2012

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and

2 and anything in

this Act not

elsewhere covered

by this table

The day after this Act receives the Royal

Assent.

2. Sections 3 to

At the same time as section 3 of the

Greenhouse and Energy Minimum

Standards Act 2012 commences.

1 October 2012

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Act binds the Crown

This Act binds the Crown in each of its capacities.

4 External Territories

This Act extends to every external Territory.

5 Extraterritorial application

This Act extends to acts, omissions, matters and things outside

Australia.

Preliminary Part 1

Section 6

Greenhouse and Energy Minimum Standards (Registration Fees) Bill 2012 No. , 2012

6 Act does not impose tax on property of a State

(1) This Act does not impose a tax on property of any kind belonging

to a State.

(2) In this section, property of any kind belonging to a State has the

same meaning as in section 114 of the Constitution.

7 Definitions

(1) In this Act:

registration application means an application under section 41 of

the Greenhouse and Energy Minimum Standards Act 2012 to

or more product classes.

registration fees: see subsection 8(1).

(2) Other expressions used in this Act that are defined in the

Greenhouse and Energy Minimum Standards Act 2012 have the

same meanings as they have in that Act.

Part 2 Registration fees

Section 8

4 Greenhouse and Energy Minimum Standards (Registration Fees) Bill 2012 No. ,

2012

Part 2--Registration fees

8 Imposition of registration fees

(1) The GEMS Regulator may, by legislative instrument, specify fees

(registration fees) for registration applications.

Example 1: The instrument might specify different fees for applications to register

models in different product classes (see subsection 33(3A) of the Acts

Interpretation Act 1901).

Example 2: The instrument might specify different fees for registration

applications depending on whether or not the applications are made by

electronic means (see subsection 33(3A) of the Acts Interpretation Act

1901).

(2) Registration fees specified under subsection (1) are imposed, and

are so imposed as taxes.

(3) Two or more registration fees may be specified for a single

registration application.

Example: The instrument might specify a number of registration fees for a single

registration application to deal with applications covering a number of

models or product classes.

Note:

The GEMS Regulator may, in a particular case or in particular classes

of cases, waive or reduce a registration fee, or refund the whole or part

of a registration fee, that would otherwise be payable under the

Greenhouse and Energy Minimum Standards Act 2012 (see section 64

of that Act).

9 Matters relating to amount of fees

(1) A legislative instrument made under subsection 8(1) may specify a

registration fee:

(a) by specifying an amount as the fee; or

(b) by specifying a method for calculating the amount of the fee.

(2) In specifying the amount of a registration fee, or a method for

calculating such an amount, for the purposes of subsection (1), the

GEMS Regulator may take into account matters including the

following:

(a) the cost of processing registration applications;

Registration fees Part 2

Section 9

Greenhouse and Energy Minimum Standards (Registration Fees) Bill 2012 No. , 2012

(b) the cost of compliance monitoring (including testing) in

relation to models of GEMS products, for the purposes of the

Greenhouse and Energy Minimum Standards Act 2012.

(3) To avoid doubt, subsection (2) does not limit the matters the

GEMS Regulator may take into account in specifying an amount or

method for the purposes of subsection (1).

(4) The amount of a registration fee need not bear any relationship to

the cost of providing any service that forms part of, or is related to:

(a) determining a registration application; or

(b) registering a model of a GEMS product in relation to a

product class.

Commonwealth of Australia Bills

GREENHOUSE AND ENERGY MINIMUM STANDARDS (REGISTRATION FEES) BILL 2012