Australian Radiation Protection and Nuclear Safety (Licence Charges) Act 1998 (Cth)

Australian Radiation Protection and Nuclear Safety (Licence Charges) Act 1998

Act No. 134 of 1998 as amended

This compilation was prepared on 23 September 2002

taking into account amendments up to Act No. 75 of 2002

The text of any of those amendments not in force

on that date is appended in the Notes section

The operation of amendments that have been incorporated may be

affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,

Attorney‑General’s Department, Canberra

Contents

An Act to impose charges on licences issued under the Australian Radiation Protection and Nuclear Safety Act 1998, and for related purposes

1Short title [see Note 1]

This Act may be cited as the Australian Radiation Protection and Nuclear Safety (Licence Charges) Act 1998.

2Commencement [see Note 1]

This Act commences on the same day as the Australian Radiation Protection and Nuclear Safety Act 1998.

3Definitions

facility licence means a facility licence issued under the Australian Radiation Protection and Nuclear Safety Act 1998.

source licence means a source licence issued under the Australian Radiation Protection and Nuclear Safety Act 1998.

4Facility licence – annual charge

1. (1)

   A person who is the holder of a facility licence at any time during a financial year is liable to pay a charge for the licence for that year.

2. (2)

   The amount of the charge for a year is such amount as is prescribed by the regulations.

5Source licence – annual charge

1. (1)

   A person who is the holder of a source licence at any time during a financial year is liable to pay a charge for the licence for that year.

2. (2)

   The amount of the charge for a year is such amount as is prescribed by the regulations.

5ATax exempt bodies liable to pay charge

1. (1)

   A person who is the holder of a facility licence or a source licence is liable to pay the charge imposed by this Act:

   1. (a)

      even if a provision of a Commonwealth law is expressed to exempt the person from taxes or charges, or specified taxes or charges; and

   2. (b)

      even if that provision is expressed to prevail over other laws.

2. (2)

   Subsection (1) does not apply if the relevant provision explicitly refers to this Act.

6Regulations

The Governor‑General may make regulations prescribing matters:

1. (a)

   required or permitted by this Act to be prescribed; or

2. (b)

   necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Notes to theAustralian Radiation Protection and Nuclear Safety (Licence Charges) Act 1998

Note 1

The Australian Radiation Protection and Nuclear Safety (Licence Charges) Act 1998 as shown in this compilation comprises Act No. 134, 1998 amended as indicated in the Tables below.

Table of Acts

Act Number and year Date of Assent Date of commencement Application, saving or transitional provisions

Australian Radiation Protection and Nuclear Safety (Licence Charges) Act 1998	134, 1998	24 Dec 1998	5 Feb 1999 (see s. 2)
Australian Radiation Protection and Nuclear Safety (Licence Charges) Amendment Act 2002	75, 2002	12 Sept 2002	(a)	—

(a)Section 2 of the Australian Radiation Protection and Nuclear Safety (Licence Charges) Amendment Act 2002 provides as follows:

1. 2

   This Act is taken to have commenced on 5 February 1999, immediately after the commencement of the Australian Radiation Protection and Nuclear Safety (Licence Charges) Act 1998.

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected	How affected
S. 5A....................................	ad. No. 75, 2002