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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Mines Safety and Inspection Amendment
Bill 2009
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Act amended 2
Part 2 -- Mines safety levy
4. Section 105A inserted 3
105A. Regulations for cost recovery 3
105AB. Mines Safety Account 4
095--2 page i
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Mines Safety and Inspection Amendment
Bill 2009
A Bill for
An Act to amend the Mines Safety and Inspection Act 1994 to enable
regulations to make provision for a levy.
The Parliament of Western Australia enacts as follows:
page 1
Mines Safety and Inspection Amendment Bill 2009
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Mines Safety and Inspection Amendment Act 2009.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) sections 1 and 2 -- on the day on which this Act
7 receives the Royal Assent;
8 (b) the rest of the Act -- on the day after that day.
9 3. Act amended
10 This Act amends the Mines Safety and Inspection Act 1994.
page 2
Mines Safety and Inspection Amendment Bill 2009
Mines safety levy Part 2
s. 4
1 Part 2 -- Mines safety levy
2 4. Section 105A inserted
3 After section 104 insert:
4
5 105A. Regulations for cost recovery
6 (1) Regulations may be made under section 104 to provide
7 for a levy, which may be of the nature of a tax, to be
8 payable to the State for the costs of administering this
9 Act.
10 (2) To the extent that the regulations provide for a levy
11 that is a tax, the regulations may impose the tax.
12 (3) The regulations may deal with --
13 (a) the circumstances in which liability to pay the
14 levy is imposed;
15 (b) how the amount of the liability is to be
16 assessed;
17 (c) on whom liability is imposed to pay the amount
18 assessed, when payment becomes due, and how
19 payment is to be made;
20 (d) who is exempt or partially exempt from liability
21 to pay the amount assessed and the conditions
22 to which an exemption, or partial exemption, is
23 subject;
24 (e) rights to object to an assessment and how the
25 objection is to be dealt with;
26 (f) the consequences of failure to pay an amount in
27 accordance with the regulations, which may
28 include the imposition of an increase in the
29 amount of an outstanding liability and may
30 include interest;
31 (g) how an amount outstanding may be recovered.
page 3
Mines Safety and Inspection Amendment Bill 2009
Part 2 Mines safety levy
s. 4
1 (4) The regulations may --
2 (a) provide for the keeping of records and the
3 provision of information to facilitate the
4 administration of the provisions for the levy;
5 (b) provide for the authorisation of persons to
6 perform functions for the purpose of
7 investigating and enforcing compliance with
8 the provisions for the levy and, for those
9 purposes, give authorised persons functions,
10 which may include functions of a kind
11 comparable to a kind of functions that this Act
12 gives to an inspector.
13 105AB. Mines Safety Account
14 (1) An agency special purpose account under the Financial
15 Management Act 2006 section 16 is to be established
16 for the department and called the Mines Safety
17 Account.
18 (2) The Mines Safety Account is to be credited with any
19 levy paid under regulations mentioned in
20 section 105A(1) including any additional outstanding
21 liability and interest as mentioned in
22 section 105A(3)(f).
23 (3) Moneys held in the Mines Safety Account are to be
24 applied in payment of the costs of administering this
25 Act.
26
page 4
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