Bills Digest No. 212 1997-98
Australian Radiation Protection and Nuclear Safety (Licence Charges) Bill
1998
WARNING:
This Digest was prepared for debate. It reflects the legislation as introduced
and does not canvass subsequent amendments. This Digest does not have
any official legal status. Other sources should be consulted to determine
the subsequent official status of the Bill.
CONTENTS
Passage History
Purpose
Background
Main Provisions
Contact Officer & Copyright Details
Passage History
Date Introduced: 8 April 1998
House: House of Representatives
Portfolio: Health and Family Services
Commencement: On the day upon which the proposed
Australian Radiation Protection and Nuclear Safety Act 1998 commences.
Purpose
To provide a capacity for annual charges to be made for
licences issued under the Australian Radiation Protection and Nuclear
Safety Bill 1998.
Background
This Bill is one of a package of three bills: the Australian
Radiation Protection and Nuclear Safety Bill 1998, the Australian Radiation
Protection and Nuclear Safety (Licence Charges) Bill 1998 and the Australian
Radiation Protection and Nuclear Safety (Consequential Amendments) Bill
1998. For a background on this Bill please refer to the Bills Digest on
the Australian Radiation Protection and Nuclear Safety Bill 1998.
Section 55 of the Constitution provides that:
Laws imposing taxation shall deal only with the imposition
of taxation, and any provision therein dealing with any other matter
shall be of no effect.
Laws imposing taxation, except laws imposing duties
of customs or of excise, shall deal with one subject of taxation only;
but laws imposing duties of customs shall deal with duties of customs
only, and laws imposing duties of excise shall deal with duties of
excise only.
As annual charges are regarded as taxes, this Bill, which
imposes an annual licence fee on people operating a radiation or nuclear
facility or on departments holding a source licence, is required to be
separate from the Australian Radiation Protection and Nuclear Safety Bill
1998.
Main Provisions
Proposed section 4 imposes an annual charge on
a person who, at any time in the relevant financial year, held a facility
licence. A facility licence will be issued under proposed section 20 of
the Australian Radiation Protection and Nuclear Safety Bill 1998 to a
controlled person (defined to include a Commonwealth entity, contractor,
an employee of the Commonwealth or a person in a prescribed Commonwealth
place) to construct, operate, own or de-commission nuclear installations
or radiation facilities. The amount of the charge will be determined by
the regulations.
Proposed section 5 imposes an annual charge on
a person who, at any time in the relevant financial year, held a source
licence. A source licence may be issued under proposed section 21 of the
Australian Radiation Protection and Nuclear Safety Bill 1998 to a controlled
person who deals with either a controlled apparatus or controlled material
or both. The amount of the charge will be determined by the regulations.
Susan Downing
14 May 1998
Bills Digest Service
Information and Research Services
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ISSN 1328-8091
© Commonwealth of Australia 1998
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Published by the Department of the Parliamentary Library, 1998.
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