Skip to main content
Home
  Email Internal Link   Email External Link  

Report Details


Committee Name:

Estimates and Financial Operations Committee

House:

Legislative Council
Report Type:Report

Title:

Energy Safety Bill 2005 and Energy Safety Levy Bill 2005
Report No:3
No of Pages:50
Physical Location:Legislative Council Committee Office

Presentation Date:

05/10/2006
Inquiry Name(s):Energy Safety Bill 2005 and Energy Safety Levy Bill 2005


Click here to view the report


Hide details for RecommendationsRecommendations

Page 25

Recommendation 1: The Committee recommends that a new Part 4 be inserted into the Energy Safety Bill 2005 to provide an objection and review procedure. This can be effected in the following manner:

Page 12, after line 19- To insert -

      “Part 4 - Objections and Review

      20. Grounds of Objection

          (1) An energy industry participant may, in accordance with this section, object to a notice of assessment issued to that energy industry participant under section 16 on either or both of the grounds that there is an error in the chief executive officer’s determination:
      (a) that it is an energy industry participant liable to pay a levy; or

      (b) assessment of the amount to be paid by it by way of levy.

      (2) An objection under subsection (1) is to:

              (a) be made to the chief executive officer in writing within 42 days of the service of a notice of assessment under section 16; and

              (b) identify the relevant energy industry participant and assessment notice; and

      (c) set out fully and in detail the grounds of objection.
          (3) An objection under subsection (1) may be made by the energy industry participant named in notice of assessment or by the legal representative of that person.

          (4) The chief executive officer may, on written application by a person proposing to make an objection, extend in writing the time for making the objection for such period as the chief executive officer thinks fit.

          (5) The chief executive officer is to promptly consider any objection and may either disallow it or allow it, wholly or in part.

          (6) After making a decision on the objection the chief executive officer is to promptly serve upon the person by whom the objection was made written notice of the chief executive officer’s decision on the objection and a statement of the reason for that decision.

      21. Review of decision of chief executive officer on objection
          Any person who is dissatisfied with the decision of the chief executive officer on an objection by that person under section 20 may, within 42 days (or such further period as the State Administrative Tribunal, for reasonable cause shown by the person, allows) after service of notice of the decision, apply to the State Administrative Tribunal for a review of the decision.
      22. Review of decision to refusal to extend time for objection
          A person who is dissatisfied with a decision of the chief executive officer to refuse to extend the time for making an objection against the notice of assessment may apply to the State Administrative Tribunal for a review of the decision.
      23. New matters raised on review
          (1) Upon a review by the State Administrative Tribunal under section 21 or 22, the State Administrative Tribunal may consider:
      (a) grounds in addition to those stated in the notice of objection; and

      (b) reasons in addition to any reasons previously given for the chief executive officer’s decision that is under review.

          (2) The State Administrative Tribunal is to ensure, by adjournment or otherwise, that each party and any other person entitled to be heard has a reasonable opportunity of properly considering and responding to any new ground or reason that the State Administrative Tribunal proposes to consider in accordance with subsection (1).
      24. Objection not to affect liability to pay rates or service charges
          The making of an objection or application for review under this Part does not affect the liability to pay any rate or service charge imposed under this Act pending determination of the objection or application for review.
      25. Repayment of levy
Any moneys paid by a person pursuant to a notice of assessment that is later disallowed in whole or in part on objection or review that are in excess of the amount that is required to be paid by that person in accordance with the decision of the objection or review are to be repaid to that person.


Page 27

    Recommendation 2: The Committee recommends that proposed Parts 4-6 and in clauses 20-32 of the Energy Safety Bill 2005 be renumbered Parts 5-7 and clauses 26-38 respectively to reflect the insertion of the new Part 4 into the Energy Safety Bill 2005. This can be effected in the following manner:

    Page 13, line 1 - To delete “4” and insert instead “5”

    Page 13, line 2 - To delete “20” and insert instead “26”

    Page 13, line 21 - To delete “21” and insert instead “27”

    Page 15, line 1 - To delete “5” and insert instead “6”

    Page 15, line 2 - To delete “22” and insert instead “28”

    Page 16, line 6 - To delete “23” and insert instead “29”

    Page 16, line 23 - To delete “24” and insert instead “30”

    Page 18, line 10 - To delete “25” and insert instead “31”

    Page 18, line 18 - To delete “22(6), 24(4) or 26” and insert instead “28(6), 30(4) or 32”

    Page 18, line 19 - To delete “26” and insert instead “32”

    Page 18, line 24 - To delete “27” and insert instead “33”

    Page 19, line 1 - To delete “28” and insert instead “34”

    Page 20, line 1 - To delete “6” and insert instead “7”

    Page 20, line 2 - To delete “29” and insert instead “35”

    Page 20, line 16 - To delete “30” and insert instead “36”

    Page 21, line 1 - To delete “31” and insert instead “37”

    Page 21, line 16 - To delete “32” and insert instead “38”.


Page 29

    Recommendation 3: The majority of the Committee (Hon Anthony Fels MLC, and Hon Nigel Hallett MLC, dissenting) recommends that clause 18 of the Energy Safety Bill 2005 be amended to provide that the penalty interest rate be prescribed in the regulations. This can be effected in the following manner:

    Page 12, line 10 - To delete “of 20% per annum” and insert instead after “rate” -

    “prescribed by the regulations”.


Page 30

    Recommendation 4: The Committee recommends that, for consistency, the defined term “Director of Energy Safety” be used in clauses 23, 26 and 32. This can be effected in the following manner:

    Page 16, line 7 - To insert after “Director” -

    “of Energy Safety”

    Page 16, line 9 - To insert after “Director” -

    “of Energy Safety”

    Page 16, line 18 - To insert after “Director” -

    “of Energy Safety”

    Page 18, line 20 - To insert after “Director” -

    “of Energy Safety”

    Page 21, line 23 - To insert after “Director” -

    “of Energy Safety”

Page 34
    Recommendation 5: The Committee recommends that clause 24 of the Energy Safety Bill 2005 be amended to provide an obligation to provide a person from whom a document or anything else is taken with either a copy of, or access to, the object taken and an obligation to return the taken document or other object within a specified time. This can be effected in the following manner:

    Page 18, line 7 - To delete “may retain a document or thing removed from the premises for so long as is necessary to examine it or copy it, or both.” and instead insert -

    “must ensure that a person from whom a document or anything else is taken under this section and who would otherwise be entitled to possession of it is given a copy of it, or reasonable access to it, as appropriate.

    (7) If an investigator takes a photograph or makes a film under section 24(3)(d), a copy of that photograph or film must be provided to relevant persons.

    (8) If an investigator takes possession of anything under this section, the Director of Energy Safety must ensure that it is returned to the person entitled to possession of it as follows:

    (a) if it was taken in connection with the prosecution or possible prosecution of a suspected contravention of this Act - as soon as practicable after the relevant prosecution is completed or discontinued or, if no prosecution is commenced, as soon as practicable after the decision is made not to prosecute the suspected contravention;

    (b) in any other case - within 28 days after it was taken.”

Page 35
    Recommendation 6: A majority of the Committee (Hon Ken Travers MLC, and Hon Shelley Archer MLC, dissenting) recommends that clause 25 of the Energy Safety Bill 2005 be deleted. This can be effected in the following manner:

    Page 18, lines 10 to 18 - To delete the clause.

Page 36

    Recommendation 7: The Committee recommends that clause 28 of the Energy Safety Bill 2005 be amended to impose obligations of confidentiality upon the persons noted in paragraph 11.20. This can be effected in the following manner:

    Page 19, line 2 - To insert after “officer” -

    “, or former chief executive officer”

    Page 19, line 2 - To insert after “Safety” -

    “, or former Director of Energy Safety”

    Page 19, line 3 - To insert after “functions” -

    “, or formerly performing functions”

    Page 19, line 3 - To insert after “Act” -

    “or any other person to whom information or material is disclosed under this Act or who properly or improperly gains access to the information or material in some other way”

    Page 19, line 5 - To delete “in the course of duty” and insert instead -

    “for the purposes of this Act”.

Page 37
    Recommendation 8: The Committee recommends that clause 3 of the Energy Safety Bill 2005 be amended to reflect the amendments proposed by Hon Paul Llewellyn MLC. This can be effected in the following manner:

    Page 3, line 24 - to insert after “regulation” -

    “including energy efficiency regulation”

    Page 3, line 25 - To insert after “safety” -

    “and energy efficiency”.

Page 37
    Recommendation 9: The Committee recommends that the Energy Safety Bill 2005 and the Energy Safety Levy Bill 2005 be passed subject to recommendations 1-8.