Senate debates

Thursday, 4 December 2008

Interstate Road Transport Charge Amendment Bill (No. 2) 2008; Road Charges Legislation Repeal and Amendment Bill 2008

In Committee

5:27 pm

Photo of Nick XenophonNick Xenophon (SA, Independent) Share this | Hansard source

I will state in less than two minutes my position in relation to the four requests moved by the opposition. In relation to request (1), I see no harm in that; I see it as further clarifying what the position is in terms of definitional matters. In relation to request (2), which concerns there being not more than one determination in a financial year, I think that is fair enough and it gives, in a sense, some certainty to the industry that there will only be one determination per year. I support that measure. In relation to request (3), the amendment concerns the disallowable instrument. The difference is between not being able to raise the funds until 15 days, the time under the Legislative Instruments Act, has passed, or raising it now—the alcopops situation that Senator Macdonald has referred to. My question to the minister in relation to that is: what happens if, with respect to the government’s position, for some reason the Senate disallows that amount? Will there be a refund with respect to that? What actually happens with the funds that were already collected if, 15 days later, the Senate disallows it?

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