Standardising 59 Section 59 sets out the provisions Currently subsection 59(4) is not completely consistent with Consideration could be given to amending provision with with respect to monitoring section 32 of the Regulatory Powers (Standard Provisions) Act section 59 so that the warrant describes the Regulatory Powers warrants. Subsection 59(4) sets 2014. premises to which the warrant relates; (Standard Provisions) out what the warrant must do. states that the warrant is issued under Act 2014 section 59; and state the purpose for which the warrant is issued. Definition of 65L Section 65L sets out when an The section does not define what is an infringement notice Consideration could be given limiting the infringement notice infringement notice may be given. offence with the implication that in theory an infringement notice issue of an infringement notice to offences offence could be issues for an offence that is not one of strict liability. of strict (and absolute) liability (as well as contraventions of civil penalty provisions). Reference to 65M(3) Subsection 65M(3) states that in The use of the word “prescribed” has caused uncertainty as to Consideration could be given to replacing prescribed penalty an infringement notice for a civil whether the amount needs to be prescribed in the Regulations. the word “prescribed” with “that a court penalty provision the penalty could impose” or something similar. should not exceed an amount equal to one-fifth of the maximum penalty prescribed for contravening the provision. Annual Statements 67 Annual Statements Information is also collected by the Bureau of Resource and Consideration could be given to repealing Energy Economics this provision to prevent industry having to supply the same data twice. Aggregate of Data 67A Section 67A places restrictions on There is confusion about whether section 67A prevents the Consideration could be given to inserting a the disclosure of information publication of aggregated material that has been de-personalised. note saying that this does not prevent the obtained under the Act. publication of aggregated data. There is uncertainty as to whether information obtained under the Act can be disclosed to government agencies. Consideration cold also be given to amending section 67A to allow disclosure of fuel quality testing results to government agencies that administer environmental protection laws – subject to that information not being passed on to a third party.
Standardising provision with Regulatory Powers (Standard Provisions) Act 2014 59 Section 59 sets out the provisions with respect to monitoring warrants. Subsection 59(4) sets out what the warrant must do. Currently subsection 59(4) is not completely consistent with section 32 of the Regulatory Powers (Standard Provisions) Act 2014. Consideration could be given to amending section 59 so that the warrant describes the premises to which the warrant relates; states that the warrant is issued under section 59; and state the purpose for which the warrant is issued. Definition of infringement notice offence 65L Section 65L sets out when an infringement notice may be given. The section does not define what is an infringement notice offence with the implication that in theory an infringement notice could be issues for an offence that is not one of strict liability. Consideration could be given limiting the issue of an infringement notice to offences of strict (and absolute) liability (as well as contraventions of civil penalty provisions). Reference to prescribed penalty 65M(3) Subsection 65M(3) states that in an infringement notice for a civil penalty provision the penalty should not exceed an amount equal to one-fifth of the maximum penalty prescribed for contravening the provision. The use of the word “prescribed” has caused uncertainty as to whether the amount needs to be prescribed in the Regulations. Consideration could be given to replacing the word “prescribed” with “that a court could impose” or something similar. Annual Statements 67 Annual Statements Information is also collected by the Bureau of Resource and Energy Economics Consideration could be given to repealing this provision to prevent industry having to supply the same data twice. Aggregate of Data 67A Section 67A places restrictions on the disclosure of information obtained under the Act. There is confusion about whether section 67A prevents the publication of aggregated material that has been de-personalised. There is uncertainty as to whether information obtained under the Act can be disclosed to government agencies. Consideration could be given to inserting a note saying that this does not prevent the publication of aggregated data. Consideration cold also be given to amending section 67A to allow disclosure of fuel quality testing results to government agencies that administer environmental protection laws – subject to that information not being passed on to a third party.
act-review-final-report.docx