2017
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Regulatory Services)
Red Tape Reduction Legislation Amendment Bill 2017

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Legislation repealed	3
Part 2	Agents Act 2003
	5	Requirement for audit
Section 115 (1)	4
	6	Section 115 (2) (a)	4
	7	Section 115 (3)	4
Part 3	Associations Incorporation Act 1991
	8	Copies of certificates of incorporation
Section 10	5
	9	Inspection of documents
Section 11 (2) (b) (i)	5
	10	Notice of changes in committee
New section 62 (3)	5
	11	Register of members
Section 67 (2)	5
	12	New section 70A	6
	13	Certificates as evidence
Section 115 (3) (b) (i)	6
	14	New section 119B	6
	15	Registered office of incorporated association
New section 121 (4)	6
	16	Service of documents
New section 122 (1) (d)	7
	17	Dictionary, new definition of ACNC registered entity	7
Part 4	Charitable Collections Act 2003
	18	Unlawfully conducting collections
Section 14 (2)	8
	19	Unlawfully taking part in collections
Section 15 (1) (b)	8
	20	Dictionary, new definition of ACNC registered entity	8
Part 5	Domestic Animals Act 2000
	21	Greyhounds
Section 48	9
	22	Seizure of dogs—general
Section 56 (c)	9
Part 6	Environment Protection Act 1997
	23	Activities requiring environmental authorisation
Schedule 1, table 1.2, items 44 to 46	10
Part 7	Environment Protection Regulation 2005
	24	Section 14	11
	25	Unapproved sale or supply of painted etc firewood—offence
Section 14A (1) (b)	13
Part 8	Magistrates Court (Environment Protection Infringement Notices) Regulation 2005
	26	Environment protection legislation infringement notice offences and penalties
Schedule 1, pt 1.2, new items 7A to 7C	14
Part 9	Security Industry Regulation 2003
	27	Prescribed training courses for employee licences—Act, s 21 (1) (a) (iii)
Table 8, items 8 and 9	15
Part 10	Utilities Act 2000
	28	Definitions—pt 3A
Section 54A, new definition of base amount	16
	29	Section 54A, definition of fixed net regulatory cost	16
	30	Energy industry levy—imposition
Section 54C (2)	16
	31	Section 54C (3) (a) and (b)	17
	32	Section 54C (4) (a) and (b)	17
	33	Section 54C (5)	17
	34	Energy industry sectors etc
Section 54D (2)	19
	35	National regulatory obligations and costs
Section 54E (1) (b)	19
	36	Section 54E (3) (a)	19
	37	Section 54E (3) (b)	20
	38	Section 54E (3) (b)	20
	39	Section 54E (4) (a) (ii)	20
	40	Section 54E (4) (a) (iii), (iv) and (v)	20
	41	Section 54E (5)	21
	42	Section 54E (7), new definition of COAG EC	21
	43	Section 54E (7), definition of MCE	21
	44	Local regulatory costs
Section 54F (2)	21
	45	Section 54F (4)	22
	46	Annual regulatory costs etc
Section 54G (3)	22
	47	New section 54GA	22
	48	Further energy sector determinations
Section 54H (1) (a)	23
	49	Section 54H (1) (b) (iii)	23
	50	Production of distribution and sales information
Section 54I (1)	23
	51	Section 54I (2) (b)	24
	52	Section 54I (2), new note	24
	53	Registration of energy utilities
Section 54K	24
	54	New section 54K (2)	24
	55	Offence—failure to register
Section 54L (1) (b)	25
	56	Returns under Taxation Administration Act
Section 54M (2), new note	25
	57	New section 54O	25
	58	New part 20	26
	59	Dictionary, new definition of base amount	27
	60	Dictionary, definition of fixed net regulatory cost	27
Part 11	Water Resources Act 2007
	61	Waterway work licence—requirement
Section 42 (1) (b)	28
	62	Section 42 (2)	28

2017
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Regulatory Services)
Red Tape Reduction Legislation Amendment Bill 2017

A Bill for
An Act to amend legislation for red tape reduction, and for other purposes

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1	Preliminary
1	Name of Act
This Act is the Red Tape Reduction Legislation Amendment Act 2017.
2	Commencement
	(1)	The following provisions commence on 1 July 2017:
·	Part 3 (Associations Incorporation Act 1991)
·	Part 4 (Charitable Collections Act 2003)
·	Part 10 (Utilities Act 2000).
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
	(2)	The following provisions commence on 31 August 2017:
·	Part 2 (Agents Act 2003)
·	Part 6 (Environment Protection Act 1997)
·	Part 7 (Environment Protection Regulation 2005)
·	Part 8 (Magistrates Court (Environment Protection Infringement Notices) Regulation 2005)
·	Part 9 (Security Industry Regulation 2003)
·	Part 11 (Water Resources Act 2007).
	(3)	The remaining provisions commence on the day after this Act’s notification day. 
3	Legislation amended
This Act amends the following legislation:
·	Agents Act 2003
·	Associations Incorporation Act 1991 
·	Charitable Collections Act 2003
·	Domestic Animals Act 2000
·	Environment Protection Act 1997
·	Environment Protection Regulation 2005
·	Magistrates Court (Environment Protection Infringement Notices) Regulation 2005
·	Security Industry Regulation 2003
·	Utilities Act 2000
·	Water Resources Act 2007.
4	Legislation repealed
The following legislation is repealed:
·	Public Bathing Act 1956 (A1956-12)
·	Environment Protection (ACT Firewood) Code of Practice 1999 (DI1999-114).

Part 2	Agents Act 2003
5	Requirement for audit
Section 115 (1)
omit
6	Section 115 (2) (a)
substitute
	(a)	the person—
	(i)	is or was a licensed agent; or
	(ii)	is a personal representative of a licensed agent; and
7	Section 115 (3)
omit
subsection (2)
substitute
this section

Part 3	Associations Incorporation Act 1991
8	Copies of certificates of incorporation
Section 10
omit
9	Inspection of documents
Section 11 (2) (b) (i)
omit
10	Notice of changes in committee
New section 62 (3)
insert
	(3)	Subsection (1) does not apply to an incorporated association that is an ACNC registered entity.
11	Register of members
Section 67 (2)
substitute
	(2)	An incorporated association must make the register of members available for inspection by members at reasonable times, or at any times stated for the purpose in the rules of the association, at the address of the public officer of the association, at the registered office of the association (if any) or at another place in the ACT nominated by the committee of the association.
12	New section 70A
in part 5, insert
70A	Application—pt 5
This part does not apply to an incorporated association that is an ACNC registered entity.
13	Certificates as evidence
Section 115 (3) (b) (i)
omit
14	New section 119B
in part 11, insert
119B	Information sharing on ACNC registered entities
	(1)	The registrar-general may enter into an arrangement with the Commissioner of the ACNC for the provision of information to the registrar-general about incorporated associations that are ACNC registered entities.
	(2)	In this section:
Commissioner of the ACNC means the Commissioner of the ACNC established under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth), section 110-5. 
15	Registered office of incorporated association
New section 121 (4)
insert
	(4)	This section does not apply to an ACNC registered entity.
16	Service of documents
New section 122 (1) (d)
insert
	(d)	if the association is an ACNC registered entity—giving the document or process in accordance with the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth), section 195‑10.
17	Dictionary, new definition of ACNC registered entity 
insert
ACNC registered entity means a registered entity under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth). 

Part 4	Charitable Collections Act 2003
18	Unlawfully conducting collections
Section 14 (2)
substitute
	(2)	This section does not apply if the person is authorised to conduct the collection by—
	(a)	the licensee for the licence authorising the conduct of the collection; or
	(b)	an ACNC registered entity.
19	Unlawfully taking part in collections
Section 15 (1) (b)
substitute
	(b)	the person is not authorised to take part in the collection by either—
	(i)	the relevant licensee; or
	(ii)	an ACNC registered entity; and
20	Dictionary, new definition of ACNC registered entity
insert
ACNC registered entity means a registered entity under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth).

Part 5	Domestic Animals Act 2000
21	Greyhounds
Section 48
omit
22	Seizure of dogs—general
Section 56 (c)
omit

Part 6	Environment Protection Act 1997
23	Activities requiring environmental authorisation
Schedule 1, table 1.2, items 44 to 46
omit

Part 7	Environment Protection Regulation 2005
24	Section 14
substitute
14	Conditions for sale or supply of firewood
	(1)	This section applies to a person who—
	(a)	 sells or supplies firewood in the ACT unless—
	(i)	the quantity of firewood sold or supplied is less than 100kg; or
	(ii)	the firewood is sold under a scheme in which an annual fee is paid for the right to collect waste softwood in pine plantations; or
	(b)	prepares firewood for sale or supply in the ACT.
	(2)	The following conditions apply to the preparation, sale or supply of firewood by the person:
	(a)	if practicable, each buyer must be offered a choice of mixed wood loads;
	(b)	wood must be offered and supplied by weight, not by volume;
	(c)	each buyer must be given a written statement of the weight of the load supplied;
	(d)	if the load is a mixed wood load—the buyer must be given a written statement of the approximate weight of hardwood and softwood in the load;
	(e)	unseasoned wood must not be supplied;
	(f)	each buyer must be given a pamphlet supplied by the environment protection authority that sets out recommended wood burning practices and encourages compliance with those practices;
	(g)	each buyer must be given the following information:
	(i)	the common name and species (if known) of the wood;
	(ii)	the place from which the wood was originally taken;
	(iii)	the kind of wood;
Examples—par (g) (i)
box, gum, pine
Examples—par (g) (ii)
ACT pine forests, Cowra
Example—par (g) (iii)
residue from forestry processing operations of native forest timber
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(h)	an annual report for a reporting year must be given to the environment protection authority by 31 January in the year following the reporting year;
Note	If a form is approved under the Act, s 165A for this provision, the form must be used.
	(i)	wooden sleepers must only be obtained from a wholesaler who supplies sleepers in the ACT with the agreement of the chief health officer and the environment protection authority;
	(j)	the sale or supply of wooden sleepers must be accompanied by an information sheet, agreed with the environment protection authority, about the risks of burning sleepers, including that sleepers should not be burnt in open fires or for cooking.
	(3)	A person commits an offence if the person—
	(a)	prepares firewood for sale or supply; and
	(b)	fails to comply with a condition mentioned in subsection (2).
Maximum penalty:  10 penalty units
	(4)	A person commits an offence if the person—
	(a)	sells or supplies firewood; and
	(b)	fails to comply with a condition mentioned in subsection (2).
Maximum penalty:  10 penalty units
	(5)	An offence against this section is a strict liability offence. 
	(6)	In this section:
prepare, firewood for sale or supply, means cut, store or season the firewood.
reporting year means 1 January to 31 December.
25	Unapproved sale or supply of painted etc firewood—offence
Section 14A (1) (b)
substitute
	(b)	does not have the written agreement of the environment protection authority and the chief health officer to sell or supply the firewood.

Part 8	Magistrates Court (Environment Protection Infringement Notices) Regulation 2005
26	Environment protection legislation infringement notice offences and penalties
Schedule 1, pt 1.2, new items 7A to 7C
insert
7A	14 (3)	10	300	
7B	14 (4)	10	300	
7C	14A (1)	10	300	

Part 9	Security Industry Regulation 2003
27	Prescribed training courses for employee licences—Act, s 21 (1) (a) (iii)
Table 8, items 8 and 9
omit

Part 10	Utilities Act 2000
28	Definitions—pt 3A
Section 54A, new definition of base amount
insert
base amount—see section 54G (3).
29	Section 54A, definition of fixed net regulatory cost
omit
30	Energy industry levy—imposition
Section 54C (2)
substitute
	(2)	The levy for the levy year is worked out as follows:

where:
AV means the actual variable amount for the energy utility for the previous levy year worked out as follows:

B is the base amount for the levy year determined under section 54GA (2).
EV means the estimated variable amount for the energy utility for the levy year worked out as follows:

EV-1 means the estimated variable amount for the energy utility for the previous levy year worked out as follows:

31	Section 54C (3) (a) and (b)
substitute
	(a)	B is taken to be zero in relation to the utility for the levy year; and
	(b)	EV is taken to be zero in relation to the utility for the levy year. 
32	Section 54C (4) (a) and (b)
substitute
	(a)	AV is taken to be zero in relation to the utility for the levy year; and
	(b)	EV-1 is taken to be zero in relation to the utility for the levy year.
33	Section 54C (5)
substitute
	(5)	In this section:
ANR means the actual net regulatory cost for the energy industry sector for the previous levy year determined under section 54GA (1) (b).
B-1 means the base amount for the previous levy year determined under section 54GA (2).
market share, for an energy utility for a levy year means— 
	(a)	for an electricity distributor—the total number of megawatt hours of electricity distributed in the ACT by the distributor in that year, divided by the total number of megawatt hours of electricity distributed in the ACT in that year; and
	(b)	for an NERL retailer that supplies electricity—the total number of megawatt hours of electricity sold in the ACT by the retailer in that year, divided by the total number of megawatt hours of electricity sold in the ACT in that year; and
	(c)	for a gas distributor—the total number of megajoules of gas distributed in the ACT by the distributor in that year, divided by the total number of megajoules of gas distributed in the ACT in that year; and
	(d)	for an NERL retailer that supplies gas—the total number of megajoules of gas sold in the ACT by the retailer in that year, divided by the total number of megajoules of gas sold in the ACT in that year.
M-1 means the market share of the energy utility for the previous levy year.
Note	Before 1 October in a levy year, the administrator must determine, for the year before the levy year, the total number of megawatt hours of electricity or megajoules of gas distributed or sold in the ACT by all energy utilities in each energy sector in the year (see s 54H (1) (b) (ii)). 
M-2 means the market share of the energy utility for the levy year before the previous levy year.
NC, for an energy industry sector for a levy year, means the number of energy utilities that provided an energy utility service in the sector before 30 August in the levy year as determined under section 54H (1) (a) (i). 
NC-1, for an energy industry sector for a levy year, means the number of energy utilities that provided an energy utility service in the sector at any time during the previous levy year as determined under section 54H (1) (b) (i).
ENR means the estimated net regulatory cost for the energy industry sector for the levy year determined under section 54GA (1) (a).
ENR-1 means the estimated net regulatory cost for the energy industry sector for the previous levy year determined under section 54GA (1) (a).
34	Energy industry sectors etc
Section 54D (2)
after
provides
insert
, or has provided,
35	National regulatory obligations and costs
Section 54E (1) (b)
omit
Ministerial Council on Energy’s
substitute
COAG EC’s
36	Section 54E (3) (a)
omit
each levy year
substitute
the levy year
37	Section 54E (3) (b)
before
national regulatory cost
insert
actual
38	Section 54E (3) (b)
omit
each levy year
insert
the levy year
39	Section 54E (4) (a) (ii)
omit
MCE’s
substitute
COAG EC’s
40	Section 54E (4) (a) (iii), (iv) and (v)
omit
MCE
substitute
COAG EC
41	Section 54E (5)
before
national regulatory cost
insert
actual
42	Section 54E (7), new definition of COAG EC
insert
COAG EC means the Council of Australian Governments Energy Council.
43	Section 54E (7), definition of MCE
omit
44	Local regulatory costs
Section 54F (2)
substitute
	(2)	The administrator must, before 1 October in the levy year, in accordance with this section, determine—
	(a)	the estimated local regulatory cost to be applied to each energy industry sector for the levy year; and
	(b)	the actual local regulatory cost to be applied to each energy industry sector for the year before the levy year.
45	Section 54F (4)
before
local regulatory cost
insert
actual
46	Annual regulatory costs etc
Section 54G (3)
substitute
	(3)	For this part, the base amount for an energy industry sector is the minimum additional cost of regulating 1 more energy utility in the energy industry sector for a period of 1 year.  
47	New section 54GA
insert
54GA	Regulatory cost—determinations
	(1)	The administrator must, before 1 October in a levy year, determine—
	(a)	the estimated net regulatory cost to be applied to each energy industry sector for the levy year; and
	(b)	the actual net regulatory cost to be applied to each energy industry sector for the previous levy year.
	(2)	The administrator must, before 1 October in a year and every 5 years after the first determination,  determine the base amount for an energy industry sector.  
	(3)	The administrator may amend a determination under subsection (2) in extraordinary circumstances.
Example—extraordinary circumstances
A large number of energy utilities unexpectedly enter the energy industry sector.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(4)	A determination under this section is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
48	Further energy sector determinations
Section 54H (1) (a)
substitute
	(a)	for the levy year—the number of energy utilities that provided an energy utility service in each energy utility sector at any time before 30 August in the year;
49	Section 54H (1) (b) (iii)
omit
50	Production of distribution and sales information
Section 54I (1)
after
at any time
insert
before 30 August in the levy year or
51	Section 54I (2) (b)
omit
15 September
substitute
30 August
52	Section 54I (2), new note
insert
Note	It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).
53	Registration of energy utilities
Section 54K
omit
commissioner must register
substitute
commissioner for revenue must register
54	New section 54K (2)
insert
	(2)	The commissioner for revenue must tell the administrator about the registration of an energy utility under subsection (1).
55	Offence—failure to register
Section 54L (1) (b)
after
commissioner
insert
for revenue
56	Returns under Taxation Administration Act
Section 54M (2), new note
insert
Note 2	It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).
57	New section 54O
in part 3A, insert
54O	Administrator to publish information
The administrator must publish the following information:
	(a)	an explanation of the purpose of the energy industry levy;
	(b)	an explanation of how the energy industry levy is calculated;
	(c)	an annual statement about the data relied on by the administrator to determine—
	(i)	national regulatory costs under section 54E; and
	(ii)	local regulatory costs under section 54F; and
	(iii)	net regulatory costs under section 54G; and 
	(iv)	base amounts under section 54G;
	(d)	an outline of the administrative practices adopted by the administrator in administering the energy industry levy;
	(e)	an explanation of the obligations of energy utilities in relation to the energy industry levy under the Act.
58	New part 20
insert
Part 20	Transitional—Red Tape Reduction Legislation Amendment Act 2017
411	Calculation of energy industry levy in transitional year
	(1)	This section applies to an energy utility in the transitional year.
	(2)	Despite section 54C (2), the levy for the energy utility in the transitional year is worked out as follows:

where:
A is the adjustment for the previous year worked out in accordance with section 54C (5) as in force immediately before the commencement of this section.
B—see section 54C (2).
EV—see section 54C (2).
	(3)	In this section:
transitional year means the levy year commencing on 1 July 2017.
412	Expiry—pt 20
This part expires 1 year after the day it commences.
Note	Transitional provisions are kept in the Act for a limited time.  A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).
59	Dictionary, new definition of base amount
insert
base amount, for part 3A (Energy industry levy)—see section 54G (3).
60	Dictionary, definition of fixed net regulatory cost
omit

Part 11	Water Resources Act 2007
61	Waterway work licence—requirement
Section 42 (1) (b)
substitute
	(b)	the person does not have—
	(i)	a waterway work licence for the waterway work; or
	(ii)	authority for an activity that includes the waterway work under the Environment Protection Act 1997.
62	Section 42 (2)
substitute
	(2)	However, a waterway work licence is not required if the work to be undertaken is—
	(a)	the construction or alteration of—
	(i)	a water structure that has a capacity of less than 2ML and is not in a waterway; or
	(ii)	a structure prescribed by regulation; or
	(b)	undertaken as part of an authorised activity under the Environment Protection Act 1997; or
	(c)	undertaken under an environmental protection agreement under the Environment Protection Act 1997.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 30 March 2017.
2	Notification
	Notified under the Legislation Act on	2017.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2017