Jervis Bay Territory

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Administration (Amendment) Ordinance 1996

No. 1 of 1996

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Ordinance under the Jervis Bay Territory Acceptance Act 1915.

Dated 14 August 1996.

 WILLIAM DEANE

 Governor-General

 By His Excellency’s Command,

WARWICK SMITH

Minister for Sport, Territories and Local Government

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An Ordinance to amend the Administration Ordinance 19901

1.   Short title

1.1   This Ordinance may be cited as the Administration (Amendment) Ordinance 1996.2

[Note: This Ordinance commences on gazettal: see Jervis Bay Territory Acceptance Act 1915, s. 4F (2).]

2.   New sections 3A, 3B, 3C and 3D

2.1   After section 3, insert:

Supply of a service

 “3A. The Minister may make provision for the supply or use of any of the following utilities and services:

 (a) water;

 (b) electricity;

 (c) gas;

 (d) drainage and sewerage;

 (e) refuse removal.

Fees

 “3B. (1) There is imposed on a person a fee in relation to:

 (a) the provision, by the Minister, of a utility to the person; or

 (b) the use, by the person, of a service provided by the Minister;

being the fee determined by the Minister, from time to time, to be the fee applicable to the utility or service.

 (2) A determination is of no effect in relation to any particular fee unless:

 (a) notice of the fee is published in the Gazette; and

 (b) the fee bears a reasonable relationship to the cost of supplying the utility or service to a person liable to pay the fee, or is less than the cost of supplying the utility or service to the person.

 (3) A determination may, in relation to a utility or service that is supplied in different localities or in different circumstances, fix different fees.

 (4) The amount of a fee is a debt due to the Commonwealth.

Notice

 “3C. A notice under subsection 3B (2) must specify a date, not being a date earlier than the date of publication of the determination, as the date on which the fee commences to apply, and may:

 (a) specify the manner in which a fee is to be paid; and

 (b) specify a date or period before the end of which a fee must be paid.

Power to determine fees—applied Act

 “3D. (1) If an applied Act provides for a person, or the holder of an office, to determine a fee the Minister may determine the fee:

 (a) as nearly as is practicable, in accordance with the applied Act; and

 (b) as if a reference to that person or holder were a reference to the Minister.

 (2) Despite any provision to the contrary in an applied Act to which this section applies, a determination under this section is of no effect unless notice of the fee is published in the Gazette.”.

3.   New sections  5 and 6

3.1   After section 4, insert:

Tabling and disallowance of notice

 “5. Sections 4G, 4H, 4J and 4K of the Jervis Bay Territory Acceptance Act 1915 apply in relation to a determination under this Ordinance as if a reference in those sections to an Ordinance were a reference to such a determination.

Delegation

 “6. The Minister may delegate, in writing, to the holder of an office in the Department:

 (a) the Minister’s power, under subsection 3B (1), to determine a fee; or

 (b) the Minister’s power, under subsection 3D (1), to determine a fee.”.

NOTES

1. Ordinance No. 1, 1990.

2. Notified in the Commonwealth of Australia Gazette on 21 August 1996.