Petroleum and Other Fuels Reporting (Consequential Amendments and Transitional Provisions) Act 2017

Administered by Department of Industry, Science and Resources

Legislation au C2017A00091 In force Act

Legislation content

 

 

 

 

 

 

Petroleum and Other Fuels Reporting (Consequential Amendments and Transitional Provisions) Act 2017

 

No. 91, 2017

 

 

 

 

 

An Act to deal with consequential and transitional matters arising from the enactment of the Petroleum and Other Fuels Reporting Act 2017, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

Part 1—Consequential amendments

Competition and Consumer Act 2010

Taxation Administration Act 1953

Part 2—Application and transitional provisions

 

 

 

Petroleum and Other Fuels Reporting (Consequential Amendments and Transitional Provisions) Act 2017

No. 91, 2017

 

 

 

An Act to deal with consequential and transitional matters arising from the enactment of the Petroleum and Other Fuels Reporting Act 2017, and for related purposes

[Assented to 23 August 2017]

The Parliament of Australia enacts:

1  Short title

  This Act is the Petroleum and Other Fuels Reporting (Consequential Amendments and Transitional Provisions) 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.  The whole of this Act

At the same time as the Petroleum and Other Fuels Reporting Act 2017 commences.

However, the provisions do not commence at all if that Act does not commence.

24 August 2017

Note: This table relates only to the provisions of this Act as originally enacted.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  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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

Part 1—Consequential amendments

Competition and Consumer Act 2010

1  After section 95ZP

Insert:

95ZPA  Disclosure of protected information to the Energy Department

 (1) An authorised entrusted person may disclose protected information to the Energy Department if the Chairperson is satisfied that the information will enable or assist an officer of the Energy Department to perform or exercise any function or power under the Petroleum and Other Fuels Reporting Act 2017.

 (2) The Chairperson may, by writing, impose conditions to be complied with in relation to protected information disclosed under subsection (1).

 (3) An instrument under subsection (2) is not a legislative instrument.

Delegation

 (4) The Chairperson may, by writing, delegate any or all of his or her powers under subsection (1) or (2) to:

 (a) another member of the Commission; or

 (b) a member of the staff of the Commission who is an SES employee or an acting SES employee.

Note 1: Section 2B of the Acts Interpretation Act 1901 contains the definitions of SES employee and acting SES employee.

Note 2: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.

 (5) In performing a function, or exercising a power, under a delegation, the delegate must comply with any directions of the Chairperson.

 (6) This section has effect despite anything in section 95ZN.

Definitions

 (7) In this section:

authorised entrusted person means an entrusted person authorised by the Chairperson, in writing, for the purposes of this definition.

Energy Department means the Department administered by the Minister administering the Petroleum and Other Fuels Reporting Act 2017.

protected information has the same meaning as in section 95ZP.

Taxation Administration Act 1953

2  Subsection 355‑65(8) in Schedule 1 (after table item 6)

Insert:

 

6A

the Secretary of the Department administered by the Minister administering the Petroleum and Other Fuels Reporting Act 2017

is for the purpose of administering the Petroleum and Other Fuels Reporting Act 2017.

 

Part 2—Application and transitional provisions

3  Application provision—reports of fuel information to be given to the Secretary

Section 11 of the Petroleum and Other Fuels Reporting Act 2017 applies to covered activities undertaken on or after the later of:

 (a) 1 January 2018; and

 (b) the day the rules made under section 41 of that Act commence.

4  Application provision—publication of fuel information

Section 16 of the Petroleum and Other Fuels Reporting Act 2017 applies in relation to the publication or making available of fuel information after the commencement of this Schedule (whether the information was obtained before, on or after that commencement).

5  Application provision—disclosure of information to the Secretary

Section 31 of the Petroleum and Other Fuels Reporting Act 2017 applies in relation to disclosures of information made on or after the commencement of this Schedule (whether the information was obtained before, on or after that commencement).

6  Application provision—Competition and Consumer Act 2010

Section 95ZPA of the Competition and Consumer Act 2010 as inserted by this Schedule applies in relation to disclosures of information made on or after the commencement of this Schedule (whether the information was obtained before, on or after that commencement).

7  Application provision—Taxation Administration Act 1953

The amendment of section 355‑65 in Schedule 1 to the Taxation Administration Act 1953 made by this Schedule applies in relation to records and disclosures of information made on or after the commencement of this Schedule (whether the information was obtained before, on or after that commencement).

[Minister’s second reading speech made in—

House of Representatives on 30 March 2017

Senate on 16 August 2017]

(58/17)

 

Overview

The Petroleum and Other Fuels Reporting (Consequential Amendments and Transitional Provisions) Act 2017 was enacted by the Parliament of Australia to address the consequential and transitional matters arising from the introduction of the Petroleum and Other Fuels Reporting Act 2017. This Act ensures that existing legislation is aligned with the new reporting requirements and provisions introduced by the principal Act, thus maintaining legal coherence and facilitating a smooth transition to the new regulatory framework. The policy objective of this Act is to provide a seamless implementation process for the new reporting obligations, minimising disruptions and ensuring that all stakeholders are adequately informed and prepared to comply with the updated legislative requirements. The Act specifies that its provisions will commence simultaneously with the Petroleum and Other Fuels Reporting Act 2017, provided the latter Act commences. If the Petroleum and Other Fuels Reporting Act 2017 does not commence, this Act will not come into effect at all. This ensures that the consequential amendments and transitional provisions are only activated when the new reporting obligations are enforced. The Act also includes specific application provisions to clarify when certain sections of the principal Act apply, ensuring that the transition to the new regime is clearly defined and effectively managed.

Scope and Application

The Petroleum and Other Fuels Reporting (Consequential Amendments and Transitional Provisions) Act 2017 deals with consequential and transitional issues arising from the enactment of the Petroleum and Other Fuels Reporting Act 2017, primarily focusing on ensuring smooth implementation and integration of the new reporting requirements. This Act applies to entities and individuals involved in covered activities, which include the production, refining, importation, and wholesale supply of petroleum and other fuels. The scope of the Act extends to amending the Competition and Consumer Act 2010 and the Taxation Administration Act 1953 to accommodate the new reporting regime, thereby ensuring consistency and compliance across relevant sectors. Geographically, the Act operates within the Commonwealth of Australia, and its provisions are effective from the commencement date of the Petroleum and Other Fuels Reporting Act 2017, which is 24 August 2017. The Act does not specify any exclusions or exemptions but includes transitional provisions to manage the implementation timeline for reporting obligations, ensuring they apply from 1 January 2018 or the commencement of relevant rules, whichever is later.

Key Provisions

The Petroleum and Other Fuels Reporting (Consequential Amendments and Transitional Provisions) Act 2017 (Act) is designed to address the implications and transitional issues arising from the Petroleum and Other Fuels Reporting Act 2017. The Act makes amendments to existing legislation to ensure consistency and proper application of the new reporting requirements. For instance, Section 1 introduces the Act and its purpose, while Section 2 specifies the commencement date of the Act, which aligns with the commencement of the Petroleum and Other Fuels Reporting Act 2017 on 24 August 2017 (Section 2(1)). The Act also includes schedules that outline consequential amendments and transitional provisions (Section 3). The Act imposes obligations on entities and individuals to comply with the new reporting requirements as detailed in the Petroleum and Other Fuels Reporting Act 2017. For example, Section 11 applies to reports of fuel information to be given to the Secretary, which must be submitted for covered activities undertaken on or after 1 January 2018, or the day the rules under Section 41 of the Petroleum and Other Fuels Reporting Act 2017 commence, whichever is later (Schedule 1, Part 2, item 3). Additionally, Section 95ZPA of the Competition and Consumer Act 2010, as inserted by this Act, mandates that authorised entrusted persons may disclose protected information to the Energy Department if the Chairperson is satisfied that such information will enable or assist in performing functions under the Petroleum and Other Fuels Reporting Act 2017 (Schedule 1, Part 1, item 1). Failure to comply with the provisions of this Act may result in various consequences. While the Act does not explicitly state specific penalties for breaches, it is reasonable to infer that breaches of the Petroleum and Other Fuels Reporting Act 2017 and its consequential amendments could lead to civil or criminal penalties as outlined in the primary Act. The maximum penalties for breaches of such reporting requirements are typically significant, reflecting the importance of accurate and timely reporting in ensuring regulatory compliance and public accountability.

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Environmental Law
Taxation Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Transitional Provisions
Offence Provisions
Reporting & Disclosure Obligations
Regulatory Standards

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