Red Tape Reduction Legislation Amendment Act 2017 (ACT)
Red Tape Reduction Legislation Amendment Act 2017
A2017-17
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Legislation amended 2
4 Legislation repealed 3
Part 2Agents Act 2003
5 Requirement for auditSection 115 (1) 4
6 Section 115 (2) (a) 4
7 Section 115 (3) 4
Part 3Associations Incorporation Act 1991
8 Copies of certificates of incorporationSection 10 5
9 Inspection of documentsSection 11 (2) (b) (i) 5
10 Notice of changes in committeeNew section 62 (3) 5
11 Register of membersSection 67 (2) 5
12 New section 70A 6
13 Certificates as evidenceSection 115 (3) (b) (i) 6
14 New section 119B 6
15 Registered office of incorporated associationNew section 121 (4) 6
16 Service of documentsNew section 122 (1) (d) 7
17 Dictionary, new definition of ACNC registered entity 7
Part 4Charitable Collections Act 2003
18 Unlawfully conducting collectionsSection 14 (2) 8
19 Unlawfully taking part in collectionsSection 15 (1) (b) 8
20 Dictionary, new definition of ACNC registered entity 8
Part 5Domestic Animals Act 2000
21 GreyhoundsSection 48 9
22 Seizure of dogs—generalSection 56 (c) 9
Part 6Environment Protection Act 1997
23 Activities requiring environmental authorisationSchedule 1, table 1.2, items 44 to 46 10
Part 7Environment Protection Regulation 2005
24 Section 14 11
25 Unapproved sale or supply of painted etc firewood—offenceSection 14A (1) (b) 13
Part 8Magistrates Court (Environment Protection Infringement Notices) Regulation 2005
26 Environment protection legislation infringement notice offences and penaltiesSchedule 1, pt 1.2, new items 7A to 7C 14
Part 9Security Industry Regulation 2003
27 Prescribed training courses for employee licences—Act, s 21 (1) (a) (iii)Table 8, items 8 and 9 15
Part 10Utilities Act 2000
28 Definitions—pt 3ASection 54A, new definition of base amount 16
29 Section 54A, definition of fixed net regulatory cost 16
30 Energy industry levy—impositionSection 54C (2) 16
31 Section 54C (3) (a) and (b) 17
32 Section 54C (4) (a) and (b) 17
33 Section 54C (5) 17
34 Energy industry sectors etcSection 54D (2) 19
35 National regulatory obligations and costsSection 54E (1) (b) 19
36 Section 54E (3) (a) 19
37 Section 54E (3) (b) 20
38 Section 54E (3) (b) 20
39 Section 54E (4) (a) (ii) 20
40 Section 54E (4) (a) (iii), (iv) and (v) 20
41 Section 54E (5) 21
42 Section 54E (7), new definition of COAG EC 21
43 Section 54E (7), definition of MCE 21
44 Local regulatory costsSection 54F (2) 21
45 Section 54F (4) 22
46 Annual regulatory costs etcSection 54G (3) 22
47 New section 54GA 22
48 Further energy sector determinationsSection 54H (1) (a) 23
49 Section 54H (1) (b) (iii) 23
50 Production of distribution and sales informationSection 54I (1) 23
51 Section 54I (2) (b) 24
52 Section 54I (2), new note 24
53 Registration of energy utilitiesSection 54K 24
54 New section 54K (2) 24
55 Offence—failure to registerSection 54L (1) (b) 25
56 Returns under Taxation Administration ActSection 54M (2), new note 25
57 New section 54O 25
58 New part 20 26
59 Dictionary, new definition of base amount 27
60 Dictionary, definition of fixed net regulatory cost 27
Part 11Water Resources Act 2007
61 Waterway work licence—requirementSection 42 (1) (b) 28
62 Section 42 (2) 28
Red Tape Reduction Legislation Amendment Act 2017
A2017-17
An Act to amend legislation for red tape reduction, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Part 1Preliminary
Name of Act
This Act is the Red Tape Reduction Legislation Amendment Act 2017.
Commencement
(1)The following provisions commence on 1 July 2017:
· Part 3 (Associations Incorporation Act 1991)
· Part 4 (Charitable Collections Act 2003)
· Part 10 (Utilities Act 2000).
NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
(2)The following provisions commence on 31 August 2017:
· Part 2 (Agents Act 2003)
· Part 6 (Environment Protection Act 1997)
· Part 7 (Environment Protection Regulation 2005)
· Part 8 (Magistrates Court (Environment Protection Infringement Notices) Regulation 2005)
· Part 9 (Security Industry Regulation 2003)
· Part 11 (Water Resources Act 2007).
(3)The remaining provisions commence on the day after this Act’s notification day.
Legislation amended
This Act amends the following legislation:
· Agents Act 2003
· Associations Incorporation Act 1991
· Charitable Collections Act 2003
· Domestic Animals Act 2000
· Environment Protection Act 1997
· Environment Protection Regulation 2005
· Magistrates Court (Environment Protection Infringement Notices) Regulation 2005
· Security Industry Regulation 2003
· Utilities Act 2000
· Water Resources Act 2007.
Legislation repealed
The following legislation is repealed:
· Public Bathing Act 1956 (A1956-12)
· Environment Protection (ACT Firewood) Code of Practice 1999 (DI1999-114).
Part 2Agents Act 2003
Requirement for audit
Section 115 (1)omit
Section 115 (2) (a)
substitute
(a)the person—
(i)is or was a licensed agent; or
(ii)is a personal representative of a licensed agent; and
Section 115 (3)
omit
subsection (2)
substitute
this section
Part 3Associations Incorporation Act 1991
Copies of certificates of incorporation
Section 10omit
Inspection of documents
Section 11 (2) (b) (i)omit
Notice of changes in committee
New section 62 (3)insert
(3)Subsection (1) does not apply to an incorporated association that is an ACNC registered entity.
Register of members
Section 67 (2)substitute
(2)An incorporated association must make the register of members available for inspection by members at reasonable times, or at any times stated for the purpose in the rules of the association, at the address of the public officer of the association, at the registered office of the association (if any) or at another place in the ACT nominated by the committee of the association.
New section 70A
in part 5, insert
70AApplication—pt 5
This part does not apply to an incorporated association that is an ACNC registered entity.
Certificates as evidence
Section 115 (3) (b) (i)omit
New section 119B
in part 11, insert
119BInformation sharing on ACNC registered entities
(1)The registrar-general may enter into an arrangement with the Commissioner of the ACNC for the provision of information to the registrar-general about incorporated associations that are ACNC registered entities.
(2)In this section:
Commissioner of the ACNC means the Commissioner of the ACNC established under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth), section 110-5.
Registered office of incorporated association
New section 121 (4)insert
(4)This section does not apply to an ACNC registered entity.
Service of documents
New section 122 (1) (d)insert
(d)if the association is an ACNC registered entity—giving the document or process in accordance with the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth), section 195‑10.
Dictionary, new definition of ACNC registered entity
insert
ACNC registered entity means a registered entity under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth).
Part 4Charitable Collections Act 2003
Unlawfully conducting collections
Section 14 (2)substitute
(2)This section does not apply if the person is—
(a)an ACNC registered entity; or
(b)a person authorised to conduct the collection by—
(i)the licensee for the licence authorising the conduct of the collection; or
(ii)an ACNC registered entity.
Unlawfully taking part in collections
Section 15 (1) (b)substitute
(b)the person is not authorised to take part in the collection by either—
(i)the relevant licensee; or
(ii)an ACNC registered entity; and
Dictionary, new definition of ACNC registered entity
insert
ACNC registered entity means a registered entity under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth).
Part 5Domestic Animals Act 2000
Greyhounds
Section 48omit
Seizure of dogs—general
Section 56 (c)omit
Part 6Environment Protection Act 1997
Activities requiring environmental authorisation
Schedule 1, table 1.2, items 44 to 46omit
Part 7Environment Protection Regulation 2005
Section 14
substitute
Conditions for sale or supply of firewood
(1)This section applies to a person who—
(a) sells or supplies firewood in the ACT unless—
(i)the quantity of firewood sold or supplied is less than 100kg; or
(ii)the firewood is sold under a scheme in which an annual fee is paid for the right to collect waste softwood in pine plantations; or
(b)prepares firewood for sale or supply in the ACT.
(2)The following conditions apply to the preparation, sale or supply of firewood by the person:
(a)if practicable, each buyer must be offered a choice of mixed wood loads;
(b)wood must be offered and supplied by weight, not by volume;
(c)each buyer must be given a written statement of the weight of the load supplied;
(d)if the load is a mixed wood load—the buyer must be given a written statement of the approximate weight of hardwood and softwood in the load;
(e)unseasoned wood must not be supplied;
(f)each buyer must be given a pamphlet supplied by the environment protection authority that sets out recommended wood burning practices and encourages compliance with those practices;
(g)each buyer must be given the following information:
(i)the common name and species (if known) of the wood;
(ii)the place from which the wood was originally taken;
(iii)the kind of wood;
Examples—par (g) (i)
box, gum, pine
Examples—par (g) (ii)
ACT pine forests, Cowra
Example—par (g) (iii)
residue from forestry processing operations of native forest timber
NoteAn example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(h)an annual report for a reporting year must be given to the environment protection authority by 31 January in the year following the reporting year;
NoteIf a form is approved under the Act, s 165A for this provision, the form must be used.
(i)wooden sleepers must only be obtained from a wholesaler who supplies sleepers in the ACT with the agreement of the chief health officer and the environment protection authority;
(j)the sale or supply of wooden sleepers must be accompanied by an information sheet, agreed with the environment protection authority, about the risks of burning sleepers, including that sleepers should not be burnt in open fires or for cooking.
(3)A person commits an offence if the person—
(a)prepares firewood for sale or supply; and
(b)fails to comply with a condition mentioned in subsection (2).
Maximum penalty: 10 penalty units
(4)A person commits an offence if the person—
(a)sells or supplies firewood; and
(b)fails to comply with a condition mentioned in subsection (2).
Maximum penalty: 10 penalty units
(5)An offence against this section is a strict liability offence.
(6)In this section:
prepare, firewood for sale or supply, means cut, store or season the firewood.
reporting year means 1 January to 31 December.
Unapproved sale or supply of painted etc firewood—offence
Section 14A (1) (b)substitute
(b)does not have the written agreement of the environment protection authority and the chief health officer to sell or supply the firewood.
Part 8Magistrates Court (Environment Protection Infringement Notices) Regulation 2005
Environment protection legislation infringement notice offences and penalties
Schedule 1, pt 1.2, new items 7A to 7Cinsert
| 7A | 14 (3) | 10 | 300 |
| 7B | 14 (4) | 10 | 300 |
| 7C | 14A (1) | 10 | 300 |
Part 9Security Industry Regulation 2003
Prescribed training courses for employee licences—Act, s 21 (1) (a) (iii)
Table 8, items 8 and 9omit
Part 10Utilities Act 2000
Definitions—pt 3A
Section 54A, new definition of base amountinsert
base amount—see section 54G (3).
Section 54A, definition of fixed net regulatory cost
omit
Energy industry levy—imposition
Section 54C (2)substitute
(2)The levy for the levy year is worked out as follows:
where:
AV means the actual variable amount for the energy utility for the previous levy year worked out as follows:
B is the base amount for the levy year determined under section 54GA (2).
EV means the estimated variable amount for the energy utility for the levy year worked out as follows:
EV-1 means the estimated variable amount for the energy utility for the previous levy year worked out as follows:
Section 54C (3) (a) and (b)
substitute
(a)B is taken to be zero in relation to the utility for the levy year; and
(b)EV is taken to be zero in relation to the utility for the levy year.
Section 54C (4) (a) and (b)
substitute
(a)AV is taken to be zero in relation to the utility for the levy year; and
(b)EV-1 is taken to be zero in relation to the utility for the levy year.
Section 54C (5)
substitute
(5)In this section:
ANR means the actual net regulatory cost for the energy industry sector for the previous levy year determined under section 54GA (1) (b).
B-1 means the base amount for the previous levy year determined under section 54GA (2).
market share, for an energy utility for a levy year means—
(a)for an electricity distributor—the total number of megawatt hours of electricity distributed in the ACT by the distributor in that year, divided by the total number of megawatt hours of electricity distributed in the ACT in that year; and
(b)for an NERL retailer that supplies electricity—the total number of megawatt hours of electricity sold in the ACT by the retailer in that year, divided by the total number of megawatt hours of electricity sold in the ACT in that year; and
(c)for a gas distributor—the total number of megajoules of gas distributed in the ACT by the distributor in that year, divided by the total number of megajoules of gas distributed in the ACT in that year; and
(d)for an NERL retailer that supplies gas—the total number of megajoules of gas sold in the ACT by the retailer in that year, divided by the total number of megajoules of gas sold in the ACT in that year.
M-1 means the market share of the energy utility for the previous levy year.
NoteBefore 1 October in a levy year, the administrator must determine, for the year before the levy year, the total number of megawatt hours of electricity or megajoules of gas distributed or sold in the ACT by all energy utilities in each energy sector in the year (see s 54H (1) (b) (ii)).
M-2 means the market share of the energy utility for the levy year before the previous levy year.
NC, for an energy industry sector for a levy year, means the number of energy utilities that provided an energy utility service in the sector before 30 August in the levy year as determined under section 54H (1) (a) (i).
NC-1, for an energy industry sector for a levy year, means the number of energy utilities that provided an energy utility service in the sector at any time during the previous levy year as determined under section 54H (1) (b) (i).
ENR means the estimated net regulatory cost for the energy industry sector for the levy year determined under section 54GA (1) (a).
ENR-1 means the estimated net regulatory cost for the energy industry sector for the previous levy year determined under section 54GA (1) (a).
Energy industry sectors etc
Section 54D (2)after
provides
insert
, or has provided,
National regulatory obligations and costs
Section 54E (1) (b)omit
Ministerial Council on Energy’s
substitute
COAG EC’s
Section 54E (3) (a)
omit
each levy year
substitute
the levy year
Section 54E (3) (b)
before
national regulatory cost
insert
actual
Section 54E (3) (b)
omit
each levy year
insert
the levy year
Section 54E (4) (a) (ii)
omit
MCE’s
substitute
COAG EC’s
Section 54E (4) (a) (iii), (iv) and (v)
omit
MCE
substitute
COAG EC
Section 54E (5)
before
national regulatory cost
insert
actual
Section 54E (7), new definition of COAG EC
insert
COAG EC means the Council of Australian Governments Energy Council.
Section 54E (7), definition of MCE
omit
Local regulatory costs
Section 54F (2)substitute
(2)The administrator must, before 1 October in the levy year, in accordance with this section, determine—
(a)the estimated local regulatory cost to be applied to each energy industry sector for the levy year; and
(b)the actual local regulatory cost to be applied to each energy industry sector for the year before the levy year.
Section 54F (4)
before
local regulatory cost
insert
actual
Annual regulatory costs etc
Section 54G (3)substitute
(3)For this part, the base amount for an energy industry sector is the minimum additional cost of regulating 1 more energy utility in the energy industry sector for a period of 1 year.
New section 54GA
insert
54GARegulatory cost—determinations
(1)The administrator must, before 1 October in a levy year, determine—
(a)the estimated net regulatory cost to be applied to each energy industry sector for the levy year; and
(b)the actual net regulatory cost to be applied to each energy industry sector for the previous levy year.
(2)The administrator must, before 1 October in a year and every 5 years after the first determination, determine the base amount for an energy industry sector.
(3)The administrator may amend a determination under subsection (2) in extraordinary circumstances.
Example—extraordinary circumstances
A large number of energy utilities unexpectedly enter the energy industry sector.
NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(4)A determination under this section is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Further energy sector determinations
Section 54H (1) (a)substitute
(a)for the levy year—the number of energy utilities that provided an energy utility service in each energy utility sector at any time before 30 August in the year;
Section 54H (1) (b) (iii)
omit
Production of distribution and sales information
Section 54I (1)after
at any time
insert
before 30 August in the levy year or
Section 54I (2) (b)
omit
15 September
substitute
30 August
Section 54I (2), new note
insert
NoteIt is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).
Registration of energy utilities
Section 54Komit
commissioner must register
substitute
commissioner for revenue must register
New section 54K (2)
insert
(2)The commissioner for revenue must tell the administrator about the registration of an energy utility under subsection (1).
Offence—failure to register
Section 54L (1) (b)after
commissioner
insert
for revenue
Returns under Taxation Administration Act
Section 54M (2), new noteinsert
Note 2It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).
New section 54O
in part 3A, insert
54OAdministrator to publish information
The administrator must publish the following information:
(a)an explanation of the purpose of the energy industry levy;
(b)an explanation of how the energy industry levy is calculated;
(c)an annual statement about the data relied on by the administrator to determine—
(i)national regulatory costs under section 54E; and
(ii)local regulatory costs under section 54F; and
(iii)net regulatory costs under section 54G; and
(iv)base amounts under section 54G;
(d)an outline of the administrative practices adopted by the administrator in administering the energy industry levy;
(e)an explanation of the obligations of energy utilities in relation to the energy industry levy under the Act.
New part 20
insert
Part 20Transitional—Red Tape Reduction Legislation Amendment Act 2017
Calculation of energy industry levy in transitional year
(1)This section applies to an energy utility in the transitional year.
(2)Despite section 54C (2), the levy for the energy utility in the transitional year is worked out as follows:
where:
A is the adjustment for the previous year worked out in accordance with section 54C (5) as in force immediately before the commencement of this section.
B—see section 54C (2).
EV—see section 54C (2).
(3)In this section:
transitional year means the levy year commencing on 1 July 2017.
Expiry—pt 20
This part expires 1 year after the day it commences.
NoteTransitional provisions are kept in the Act for a limited time. A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).
Dictionary, new definition of base amount
insert
base amount, for part 3A (Energy industry levy)—see section 54G (3).
Dictionary, definition of fixed net regulatory cost
omit
Part 11Water Resources Act 2007
Waterway work licence—requirement
Section 42 (1) (b)substitute
(b)the person does not have—
(i)a waterway work licence for the waterway work; or
(ii)authority for an activity that includes the waterway work under the Environment Protection Act 1997.
Section 42 (2)
substitute
(2)However, a waterway work licence is not required if the work to be undertaken is—
(a)the construction or alteration of—
(i)a water structure that has a capacity of less than 2ML and is not in a waterway; or
(ii)a structure prescribed by regulation; or
(b)undertaken as part of an authorised activity under the Environment Protection Act 1997; or
(c)undertaken under an environmental protection agreement under the Environment Protection Act 1997.
Endnotes
Presentation speech
Presentation speech made in the Legislative Assembly on 30 March 2017.
Notification
Notified under the Legislation Act on 14 June 2017.
Republications of amended laws
For the latest republication of amended laws, see certify that the above is a true copy of the Red Tape Reduction Legislation Amendment Bill 2017, which was passed by the Legislative Assembly on 6 June 2017.
Clerk of the Legislative Assembly
© Australian Capital Territory 2017
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