2002-2003 The Parliament of the Commonwealth of Australia THE SENATE Presented and read a first time Textbook Subsidy Bill 2003 No. , 2003 (Senator Stott Despoja) A Bill for an Act to subsidise students' purchases of educational textbooks when studying at education institutions, and for related purposes [Page Break] Part 1--Preliminary 1 1 Short title ........................................................................................... 1 2 Commencement ................................................................................. 1 3 Objects of Act .................................................................................... 2 4 Interpretation ..................................................................................... 2 5 Binding of the Crown ........................................................................ 3 6 Extension of Act ................................................................................ 3 7 Secretary to have general administration........................................... 3 8 Principles of administration ............................................................... 3 Part 2--Textbook subsidy scheme 5 9 Registered bookseller......................................................................... 5 10 Payment of the textbook subsidy ....................................................... 5 Part 3--Administration 7 11 Guidelines.......................................................................................... 7 12 Delegation.......................................................................................... 7 13 Power to obtain information .............................................................. 7 14 Provisions relating to requirements ................................................... 8 15 State/Territory law does not affect obligations to provide information ........................................................................................ 9 Part 4--Miscellaneous 10 16 Appropriation................................................................................... 10 17 Regulations ...................................................................................... 10 i Textbook Subsidy Bill 2003 No. , 2003 [Page Break] 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 A Bill for an Act to subsidise students' purchases of 22 educational textbooks when studying at education 23 institutions, and for related purposes 24 The Parliament of Australia enacts: 25 Part 1--Preliminary 26 1 Short title 27 This Act may be cited as the Textbook Subsidy Act 2003. 28 2 Commencement 29 This Act commences on the day on which it receives the Royal 30 Assent. Textbook Subsidy Bill 2003 No. , 2003 1 [Page Break] Section 3 1 3 Objects of Act 2 (1) The objects of this Act are: 3 (a) to assist students reduce their costs of studying at education 4 institutions by minimising the impact of the goods and 5 services tax on the cost of textbooks purchased from 6 participating booksellers; and 7 (b) to assist the Australian book industry by encouraging the 8 purchase of educational textbooks published in Australia. 9 4 Interpretation 10 (1) In this Act, unless the contrary intention appears: 11 educational textbook means a paper-based work that: 12 (a) has a substantial text content; and 13 (b) has an International Standard Book Number (ISBN); and 14 (c) an education institution has required or recommended 15 students, in a course of study at that institution, purchase for 16 that course of study; and 17 (d) is a taxable supply or taxable importation within the meaning 18 of the A New Tax System (Goods and Services Tax) Act 1999; 19 but does not include: 20 (e) a paper-based work that is second-hand. 21 education institution has the same meaning as in the Student 22 Assistance Act 1973. 23 officer means a person performing duties, or exercising powers or 24 functions, under or in relation to this Act and includes: 25 (a) a person who has been such a person; and 26 (b) a person who is or has been appointed or employed by the 27 Commonwealth and who, as a result of that appointment or 28 employment, may acquire or has acquired information 29 concerning a person under this Act; and 30 (c) a person who, although not appointed or employed by the 31 Commonwealth, performs or did perform services for the 32 Commonwealth and who, as a result of performing those 2 Textbook Subsidy Bill 2003 No. , 2003 [Page Break] Section 5 1 services, may acquire or has acquired information concerning 2 a person under this Act. 3 parent includes those persons in favour of whom a parenting order, 4 within the meaning of the Family Law Act 1975, has been made. 5 pre-subsidy price means the price of the educational textbook that 6 would have been charged if a discount equivalent to the textbook 7 subsidy had not been provided. 8 registered bookseller means an entity registered under section 9. 9 student means a person who undertakes, or proposes to undertake, 10 at an education institution in that year or that part of that year, a 11 prescribed course of study or instruction. 12 textbook subsidy means the amount worked out in accordance 13 subsection 10(2). 14 applicant has the meaning given by subsection 9(2). 15 5 Binding of the Crown 16 This Act binds the Crown in all its capacities. 17 6 Extension of Act 18 This Act extends to the Territory of Christmas Island and to the 19 Territory of Cocos (Keeling) Islands. 20 7 Secretary to have general administration 21 The Secretary has the general administration of this Act. 22 8 Principles of administration 23 In administering this Act, the Secretary is to have regard to: 24 (a) the desirability of achieving the following results: 25 (i) the maximisation of cooperation between education 26 institutions, registered booksellers and students in 27 relation to the textbook subsidy; Textbook Subsidy Bill 2003 No. , 2003 3 [Page Break] Section 8 1 (ii) the minimisation of registered booksellers' costs in 2 complying with the requirements of this Act; 3 (iii) the ready availability to members of the public of advice 4 and information services relating to the textbook 5 subsidy under this Act; and 6 (b) the establishment of procedures to ensure that abuses of the 7 textbook subsidy are minimised. 4 Textbook Subsidy Bill 2003 No. , 2003 [Page Break] Section 9 1 2 Part 2--Textbook subsidy scheme 3 9 Registered bookseller 4 (1) An entity is eligible to be registered as a registered bookseller 5 where the entity: 6 (a) is registered in the Australian Business Register under the A 7 New Tax System (Australian Business Register) Act 1999; 8 and 9 (b) is registered under the A New Tax System (Goods and 10 Services) Act 1999; and 11 (c) offers educational textbooks for sale; and 12 (d) agrees to any terms and conditions required by the Secretary 13 for: 14 (i) the registration as a registered bookseller; and 15 (ii) the payment of the textbook subsidy; and 16 (iii) any matters related to subparagraphs (i) and (ii). 17 (2) An entity (the applicant) may apply, in a form approved by the 18 Secretary, to the Secretary to be registered as a registered 19 bookseller. 20 (3) The Secretary must register the applicant as a registered bookseller 21 where the Secretary is satisfied that the applicant is eligible to be 22 registered as a registered bookseller. 23 (4) The Secretary may require the applicant give the Secretary 24 specified information or a specified document which the Secretary 25 requires in order to be satisfied that: 26 (a) the applicant is eligible to be registered as a registered 27 bookseller; or 28 (b) the applicant's identity is established. 29 10 Payment of the textbook subsidy 30 (1) The Secretary must pay a registered bookseller the textbook 31 subsidy where: Textbook Subsidy Bill 2003 No. , 2003 5 [Page Break] Section 10 1 (a) the registered bookseller applies to the Secretary, in a form 2 approved by the Secretary, for the textbook subsidy; and 3 (b) the Secretary is satisfied, in relation to the textbook subsidy 4 claimed for each educational textbook, that the registered 5 bookseller sold the educational textbook: 6 (i) to a student, or that student's parent; and 7 (ii) at an 8 percent discount of the pre-subsidy price of the 8 educational textbook. 9 (2) The textbook subsidy for each educational textbook is worked out 10 using the formula: 11 pre-subsidy price of the educational book 12 92 x 100 6 Textbook Subsidy Bill 2003 No. , 2003 [Page Break] Section 11 1 2 Part 3--Administration 3 11 Guidelines 4 (1) The Secretary may, by notice in writing, issue guidelines for the 5 performance of functions and duties, and for the exercise of 6 powers, by officers of the Department, in relation to matters arising 7 under this Act including, in particular, the following matters 8 relating to the textbook subsidy: 9 (a) registration; and 10 (b) accounting and recordkeeping requirements; and 11 (c) arrangements for verifying eligibility; and 12 (d) payment. 13 (2) At any time, the Secretary may, by written notice, issue further 14 guidelines that vary or revoke the existing guidelines. 15 (3) The guidelines referred to in subsections (1) and (2) must be tabled 16 in each House of the Parliament within 5 sitting days of that House 17 after the guidelines are issued. 18 12 Delegation 19 The Secretary may, by signed writing, delegate to an officer all or 20 any of the powers of the Secretary under this Act. 21 13 Power to obtain information 22 The Secretary may require a person to give information, or to 23 produce a document that is in the person's custody or under the 24 person's control, to the Department if the Secretary considers that 25 the information or document may be relevant to: 26 (a) establishing the applicant's identity; or 27 (b) whether a registered bookseller was entitled to be registered 28 under this Act; or Textbook Subsidy Bill 2003 No. , 2003 7 [Page Break] Section 14 1 (c) whether a textbook subsidy under this Act was payable to a 2 person who has received it. 3 Note: A requirement under this section may be sent to an entity as well as to 4 a natural person--paragraph 22(1)(a) of the Acts Interpretation Act 5 1901 provides that person includes a body politic or corporate. 6 14 Provisions relating to requirements 7 Requirement by written notice 8 (1) A requirement made to a person under section 13 must be by 9 written notice given to the person. 10 Note: Sections 28A and 29 of the Acts Interpretation Act 1901 provide that a 11 notice is given to a natural person if the notice is: 12 (a) delivered personally; or 13 (b) left at the last known address of the person; or 14 (c) sent by pre-paid post to the last known address of the person. 15 Contents of notice 16 (2) The notice must state: 17 (a) how the person is to give the information; and 18 (b) the period within which the person is to give the information; 19 and 20 (c) the officer (if any) to whom the information is to be given; 21 and 22 (d) the section under which the requirement by the notice is 23 made. 24 Time limit for providing information 25 (3) The end of the period stated under paragraph (2)(b) must be at least 26 14 days after the notice is given. 27 Appearance before officer 28 (4) The notice may require the person to give the information by 29 appearing (or, if the person is a body corporate, to arrange for a 30 person to appear) before a particular officer to answer questions. 8 Textbook Subsidy Bill 2003 No. , 2003 [Page Break] Section 15 1 Time and place for appearance 2 (5) If the notice requires a person to appear before an officer, the 3 notice must state a time and a place for the person to appear, and 4 the time must be at least 14 days after the notice is given. 5 (6) A person must not refuse or fail to comply with a requirement 6 made under section 13. 7 Penalty: Imprisonment for 12 months. 8 (7) Subsection (6) does not apply if the person has a reasonable 9 excuse. 10 Note: A defendant bears an evidential burden in relation to the matter in 11 subsection (7) (see subsection 13.3(3) of the Criminal Code). 12 (8) Subsection (6) does not apply to the extent that the person is not 13 capable of complying with the requirement. 14 Note: A defendant bears an evidential burden in relation to the matter in 15 subsection (8) (see subsection 13.3(3) of the Criminal Code). 16 (13) For the purposes of an offence against subsection (6), strict liability 17 applies to the physical element, that the requirement was made 18 under section 13. 19 Note: For strict liability, see section 6.1 of the Criminal Code. 20 15 State/Territory law does not affect obligations to provide 21 information 22 Nothing contained in any law of a State or a Territory operates to 23 prevent a person from: 24 (a) giving information; or 25 (b) producing documents; or 26 (c) giving evidence; 27 that the person is required to give or produce to the Department or 28 to an officer of the Department for the purposes of this Act. Textbook Subsidy Bill 2003 No. , 2003 9 [Page Break] Section 16 1 2 Part 4--Miscellaneous 3 16 Appropriation 4 Payments of the textbook subsidy to a registered bookseller under 5 subsection 10(1) are to be made out of money appropriated by the 6 Parliament for that purpose. 7 17 Regulations 8 (1) The Governor-General may make regulations, not inconsistent with 9 this Act, prescribing all matters which, by this Act, are required or 10 permitted to be prescribed, or which are necessary or convenient to 11 be prescribed for carrying out or giving effect to this Act, and, in 12 particular: 13 (a) making provision in relation to the furnishing of information 14 by applicants for the textbook subsidy and by persons to 15 whom the textbook subsidy has been granted; and 16 (b) making provision for and in relation to the giving of notices 17 and other documents under this Act; and 18 (c) prescribing penalties, not exceeding a fine of $1,000 or 19 imprisonment for 6 months, or both, for offences against the 20 regulations; and 21 (d) making provision in relation to: 22 (i) the times at which; and 23 (ii) the manner in which; 24 payments are to be made to persons. 10 Textbook Subsidy Bill 2003 No. , 2003