Hazardous Waste (Regulation of Exports and Imports) Levy Act 2017

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au C2017A00009 In force Act

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Hazardous Waste (Regulation of Exports and Imports) Levy Act 2017

 

No. 9, 2017

 

 

 

 

 

An Act to impose a levy on permit applications under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, and for related purposes

 

 

 

Contents

Part 1—Preliminary

1 Short title

2 Commencement

3 Act to bind Crown

4 Act extends to external Territories

5 Definitions

6 Act does not impose tax on property of a State

Part 2—Levy on hazardous waste permit applications

7 Imposition of levy

8 By whom levy payable

9 Amount of levy

10 Regulations

 

 

 

Hazardous Waste (Regulation of Exports and Imports) Levy Act 2017

No. 9, 2017

 

 

 

An Act to impose a levy on permit applications under the Hazardous Waste (Regulation of Exports and Imports) Act 1989, and for related purposes

[Assented to 22 February 2017]

The Parliament of Australia enacts:

Part 1—Preliminary

 

1  Short title

  This Act is the Hazardous Waste (Regulation of Exports and Imports) Levy Act 2017.

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

Provisions

Commencement

Date/Details

1.  Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

22 February 2017

2.  Sections 3 to 10

The later of:

(a) 1 July 2017; and

(b) the day after this Act receives the Royal Assent.

1 July 2017

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Note: This table relates only to the provisions of this Act as originally enacted.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

 (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 to bind Crown

  This Act binds the Crown in right of each of the States, of the Australian Capital Territory and of the Northern Territory. However, it does not bind the Crown in right of the Commonwealth.

4  Act extends to external Territories

  This Act extends to every external Territory.

5  Definitions

  In this Act:

hazardous waste permit application means an application under section 12, 13 or 13A of the Hazardous Waste (Regulation of Exports and Imports) Act 1989.

indexation day means 1 July 2018 and each later 1 July.

index number, for a quarter, means the All Groups Consumer Price Index number that is the weighted average of the 8 capital cities and is published by the Australian Statistician in relation to that quarter.

March quarter means a period of 3 months starting on 1 January.

property of any kind belonging to a State has the same meaning as in section 114 of the Constitution.

6  Act does not impose tax on property of a State

  This Act does not impose a tax on property of any kind belonging to a State.

Part 2—Levy on hazardous waste permit applications

 

7  Imposition of levy

  Levy is imposed on a hazardous waste permit application.

8  By whom levy payable

  Levy imposed on a hazardous waste permit application is payable by the applicant.

9  Amount of levy

 (1) The amount of levy imposed on a hazardous waste permit application is:

 (a) $4,616; or

 (b) if another amount not exceeding $6,000 is prescribed by the regulations—that other amount.

 (2) However, if the indexation factor for an indexation day is greater than 1, the amount of the levy is, on that day, replaced by the amount worked out using the formula:

 (3) The amount worked out under subsection (2) is to be rounded to the nearest dollar (rounding 50 cents upwards).

Indexation factor

 (4) The indexation factor for an indexation day is the number worked out using the formula:

where:

base March quarter means the last March quarter before the reference March quarter.

reference March quarter means the last March quarter before the indexation day.

 (5) The indexation factor is to be worked out to 3 decimal places (rounding up if the fourth decimal place is 5 or more).

Index numbers

 (6) Subject to subsection (7), if at any time before or after the commencement of this section:

 (a) the Australian Statistician has published or publishes an index number in respect of a quarter; and

 (b) that index number is in substitution for an index number previously published by the Australian Statistician in respect of that quarter;

disregard the publication of the later index number for the purposes of this section.

 (7) If, at any time before or after the commencement of this section, the Australian Statistician has changed or changes the index reference period for the Consumer Price Index, then, for the purposes of applying this section after the change took place or takes place, have regard only to index numbers published in terms of the new index reference period.

10  Regulations

  The Governor‑General may make regulations for the purposes of paragraph 9(1)(b).

[Minister’s second reading speech made in—

House of Representatives on 24 November 2016

Senate on 8 February 2017]

(176/16)

 

Overview

The Hazardous Waste (Regulation of Exports and Imports) Levy Act 2017 was enacted by the Parliament of Australia to impose a levy on permit applications under the Hazardous Waste (Regulation of Exports and Imports) Act 1989. The primary objective of this legislation is to generate revenue through the levy on permit applications, which is intended to contribute to the costs associated with regulating the export and import of hazardous waste. This Act applies to all external Territories and binds the Crown in right of each of the States, the Australian Capital Territory, and the Northern Territory, but it does not impose a tax on property of any kind belonging to a State. The levy is payable by the applicant and is set at $4,616, subject to potential adjustments based on indexation factors tied to the Consumer Price Index. The Governor-General has the authority to make regulations concerning the levy amount, as stipulated in the Act.

Scope and Application

The Hazardous Waste (Regulation of Exports and Imports) Levy Act 2017 applies to hazardous waste permit applications under the Hazardous Waste (Regulation of Exports and Imports) Act 1989. Specifically, the Act imposes a levy on these applications, which is payable by the applicant of the permit. The Act binds the Crown in right of each of the States, the Australian Capital Territory, and the Northern Territory, but it does not bind the Crown in right of the Commonwealth. Additionally, the Act extends to every external territory. The Act does not impose a tax on property of any kind belonging to a State. The levy amount is initially set at $4,616, but this amount can be adjusted through regulations if it does not exceed $6,000. The levy is subject to indexation, which means the amount can increase based on changes in the All Groups Consumer Price Index number. The Governor-General has the authority to make regulations for the purposes of adjusting the levy amount under the Act.

Key Provisions

The Hazardous Waste (Regulation of Exports and Imports) Levy Act 2017 (sections 7 and 8) imposes a levy on applications for hazardous waste export or import permits under the Hazardous Waste (Regulation of Exports and Imports) Act 1989. This levy is payable by the applicant (section 8). The standard amount of the levy is set at $4,616, but the regulations can prescribe a different amount not exceeding $6,000 (section 9). The levy amount is subject to indexation, meaning it can be adjusted based on changes in the All Groups Consumer Price Index (section 9(2)). The indexation factor is calculated using a specific formula that compares the index numbers from different March quarters (section 9(4)). If the indexation factor is greater than 1, the levy amount is recalculated and rounded to the nearest dollar (section 9(2)). Regulations can be made to specify a different levy amount, and these regulations are subject to review and disallowance by Parliament (section 10). The Act imposes certain obligations on the parties involved. The primary obligation is on applicants for hazardous waste export or import permits to pay the levy as stipulated in the Act (section 8). The Act also requires the Australian Statistician to publish relevant index numbers for the Consumer Price Index, which are used in calculating the indexation factor for the levy amount (section 9(6) and (7)). Furthermore, the Governor-General has the authority to make regulations concerning the levy amount, subject to parliamentary oversight (section 10). These regulations must align with the objectives of the Act and be made in accordance with the legislative procedures outlined. Breaching the provisions of this Act can lead to legal consequences. While the Act does not explicitly detail the offences or penalties for non-compliance, it is reasonable to infer that failure to pay the prescribed levy or comply with the regulatory requirements could result in legal action. The penalties for such breaches could potentially include fines or other civil remedies under the broader legislative framework governing hazardous waste management and environmental law in Australia. However, the exact penalties would need to be determined by the courts or relevant authorities based on the specific circumstances of the breach.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.