Northern Australia Infrastructure Facility (Consequential Amendments) Act 2016
No. 42, 2016
An Act to deal with consequential matters arising from the enactment of the Northern Australia Infrastructure Facility Act 2016, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedules
Schedule 1—Amendments
Export Finance and Insurance Corporation Act 1991
Northern Australia Infrastructure Facility (Consequential Amendments) Act 2016
No. 42, 2016
An Act to deal with consequential matters arising from the enactment of the Northern Australia Infrastructure Facility Act 2016, and for related purposes
[Assented to 4 May 2016]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Northern Australia Infrastructure Facility (Consequential Amendments) Act 2016.
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 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 4 May 2016 |
2. Schedule 1 | Immediately after the commencement of the Northern Australia Infrastructure Facility Act 2016. | 1 July 2016 |
Note: This table relates only to the provisions of this Act as originally enacted.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 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 1—Amendments
Export Finance and Insurance Corporation Act 1991
1 Subsection 3(1)
Insert:
EFIC’s Northern Australia economic infrastructure functions means the functions set out in paragraphs 7(1)(da) and (db).
Northern Australia economic infrastructure has the same meaning as in the Northern Australia Infrastructure Facility Act 2016.
2 After paragraph 7(1)(d)
Insert:
(da) to assist the Northern Australia Infrastructure Facility in the performance of the functions of the Facility;
(db) as agreed between EFIC and the States and Territories, to provide incidental assistance to the States and Territories in relation to financial arrangements and agreements related to the terms and conditions of grants of financial assistance for the construction of Northern Australia economic infrastructure;
3 At the end of section 8
Add:
(3) Apart from paragraph (2)(a), subsections (1) and (2) do not apply in relation to EFIC’s Northern Australia economic infrastructure functions.
4 At the end of section 9
Add:
(6) Subsection (5) does not apply in relation to EFIC’s Northern Australia economic infrastructure functions.
5 After section 84
Insert:
84A Fees for Northern Australia economic infrastructure services
(1) EFIC may charge fees for services it provides in performing its Northern Australia economic infrastructure functions.
(2) A fee must not be such as to amount to taxation.
[Minister’s second reading speech made in—
House of Representatives on 17 March 2016
Senate on 19 April 2016]
Overview
The Northern Australia Infrastructure Facility (Consequential Amendments) Act 2016 was enacted by the Parliament of Australia to address the consequential matters arising from the establishment of the Northern Australia Infrastructure Facility Act 2016. The purpose of this legislation is to ensure that existing laws are aligned with the new infrastructure facility, facilitating its operation and the delivery of its objectives. This Act amends the Export Finance and Insurance Corporation Act 1991 to reflect the new functions of the Export Finance and Insurance Corporation (EFIC) related to Northern Australia economic infrastructure. The amendments clarify the scope of EFIC’s functions, establish provisions for charging fees for services related to these functions, and specify exceptions to certain subsections that do not apply to EFIC’s Northern Australia economic infrastructure functions. The Act came into effect on 4 May 2016, with specific provisions taking effect immediately after the Northern Australia Infrastructure Facility Act 2016 commenced on 1 July 2016.
Scope and Application
The Northern Australia Infrastructure Facility (Consequential Amendments) Act 2016 applies to the Export Finance and Insurance Corporation (EFIC) and its functions specifically related to Northern Australia economic infrastructure. This Act makes consequential amendments to the Export Finance and Insurance Corporation Act 1991 to reflect the provisions outlined in the Northern Australia Infrastructure Facility Act 2016. The changes introduced by this Act became effective on 1 July 2016, immediately following the commencement of the Northern Australia Infrastructure Facility Act 2016. The amendments pertain to the EFIC’s functions, including the ability to charge fees for services provided in relation to Northern Australia economic infrastructure, while ensuring that such fees do not amount to taxation. The Act also clarifies the scope and application of certain provisions within the Export Finance and Insurance Corporation Act 1991 to align with the newly established framework for Northern Australia infrastructure initiatives.
Key Provisions
The Northern Australia Infrastructure Facility (Consequential Amendments) Act 2016 (C2016A00042) includes provisions that amend other existing legislation to address matters arising from the Northern Australia Infrastructure Facility Act 2016. The Act itself is divided into sections and schedules, with specific provisions commencing on different dates. Sections 1 to 3 and unspecified provisions commence on 4 May 2016, the day the Act received Royal Assent. Schedule 1, which contains amendments to the Export Finance and Insurance Corporation Act 1991, comes into effect immediately after the Northern Australia Infrastructure Facility Act 2016, on 1 July 2016.
The primary operative sections of this Act are found in Schedule 1, which amends the Export Finance and Insurance Corporation Act 1991. Subsection 3(1) is updated to define "EFIC’s Northern Australia economic infrastructure functions" to include specific roles outlined in paragraphs 7(1)(da) and (db) of the amended Act. These roles include assisting the Northern Australia Infrastructure Facility in performing its functions and providing incidental assistance to States and Territories regarding financial arrangements and agreements for the construction of Northern Australia economic infrastructure. Additionally, section 8 is amended to clarify that certain subsections do not apply to EFIC’s Northern Australia economic infrastructure functions, except as specified.
The obligations imposed by the Northern Australia Infrastructure Facility (Consequential Amendments) Act 2016 on the parties it governs include ensuring that fees charged by the Export Finance and Insurance Corporation (EFIC) for services related to Northern Australia economic infrastructure do not amount to taxation. The Act also stipulates that certain provisions of the Export Finance and Insurance Corporation Act 1991 do not apply to EFIC’s Northern Australia economic infrastructure functions, except as specifically outlined.
The Act includes provisions for potential breaches and associated penalties. However, the specific offences, penalties, or civil and criminal consequences are not detailed within the text provided. Generally, breaches of legislative provisions can result in fines or imprisonment, depending on the severity and nature of the breach, though exact penalties would need to be referenced from the relevant primary legislation or any subsidiary regulations.