New Vehicle Efficiency Standard (Consequential Amendments) Act 2024 (Cth)

      New Vehicle Efficiency Standard (Consequential Amendments) Act 2024

No. 35, 2024

 

An Act to deal with consequential matters arising from the enactment of the New Vehicle Efficiency Standard Act 2024, and for related purposes

    

Contents

New Vehicle Efficiency Standard (Consequential Amendments) Act 2024

No. 35, 2024

An Act to deal with consequential matters arising from the enactment of the New Vehicle Efficiency Standard Act 2024, and for related purposes

[Assented to 31 May 2024]

The Parliament of Australia enacts:

1Short title

 This Act is the New Vehicle Efficiency Standard (Consequential Amendments) Act 2024.

2Commencement

1. (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
Provisions	Commencement	Date/Details
1.  The whole of this Act	The later of: (a) the start of the day after this Act receives the Royal Assent; and (b) immediately after the commencement of the New Vehicle Efficiency Standard Act 2024. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur.	1 January 2025 (paragraph (b) applies)

Note: This table relates only to the provisions of this Act as originally enacted.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.

1. (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.

3Schedules

 Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Amendments  

Clean Energy Regulator Act 2011

1

Section 3

After:

1. (c)

   the National Greenhouse and Energy Reporting Act 2007; and

insert:

1. (ca)

   the New Vehicle Efficiency Standard Act 2024; and

2

Section 4 (after paragraph (n) of the definition of climate change law)

Insert:

1. (na)

   the New Vehicle Efficiency Standard Act 2024;

Road Vehicle Standards Act 2018

3

At the end of subsection 50(3)

Add:

1. ; (c)

   a provision of Division 4 of Part 4 of the New Vehicle Efficiency Standard Act 2024.

4

At the end of subsection 52(2)

Add:

1. ; (c)

   a provision of Division 4 of Part 4 of the New Vehicle Efficiency Standard Act 2024.

5

At the end of section 48

Add:

This Part also provides that a relevant court may, on application of the Secretary, make a non‑punitive order against a person in relation to a contravention of a provision of Part 2.

6

After Division 5 of Part 4

Insert:

Division 5A—Non‑punitive orders

58ANon‑punitive orders in relation to Part 2

1. (1)

   A relevant court may, on application of the Secretary, make one or more of the orders mentioned in subsection (2) in relation to a person who has engaged in conduct that contravenes a provision of Part 2 of this Act.

2. (2)

   The court may make the following orders in relation to the person who has engaged in the conduct:

   1. (a)

      an order for the purpose of ensuring that the person does not engage in the conduct, similar conduct, or related conduct, during the period of the order (which must not be longer than 3 years) including:

      1. (i)

         an order directing the person to establish a compliance program for employees or other persons involved in the person’s business, being a program designed to ensure their awareness of the responsibilities and obligations in relation to such conduct; and

      2. (ii)

         an order directing the person to revise the internal operations of the person’s business which led to the person engaging in such conduct;

   2. (b)

      an order requiring the person to publish, at the person’s expense and in the way specified in the order, an advertisement in the terms specified in, or determined in accordance with, the order.

3. (3)

   Without limiting paragraph (2)(b), an order requiring a person to publish an advertisement may require the person to publish information about the person’s inefficient vehicles for a year.

4. (4)

   This section does not limit a relevant court’s powers under any other provision of this Part.

5. (5)

   In this section:

inefficient vehicle has the same meaning as in the New Vehicle Efficiency Standard Act 2024.

[Minister’s second reading speech made in—

House of Representatives on 27 March 2024

Senate on 16 May 2024]

(49/24)