Aboriginal Cultural Heritage Act 2021

Aboriginal Cultural Heritage (Cost Recovery) Regulations 2023

 

Aboriginal Cultural Heritage (Cost Recovery) Regulations 2023

Contents

Part 1 — Preliminary

1.Citation1

2.Commencement1

3.Terms used1

4.Revenue categories of proponents: general rules3

5.Revenue categories of proponents: proponents recently come into existence4

Notes

Compilation table6

Uncommenced provisions table6

Defined terms

 

Aboriginal Cultural Heritage Act 2021

Aboriginal Cultural Heritage (Cost Recovery) Regulations 2023

Part 1 — Preliminary

1.Citation

These regulations are the Aboriginal Cultural Heritage (Cost Recovery) Regulations 2023.

2.Commencement

These regulations come into operation as follows —

(a)Part 1 — on the day on which these regulations are published in the Gazette;

(b)the rest of the regulations — on 1 July 2023.

3.Terms used

In these regulations —

aggregated turnover has the meaning given in the Income Tax Assessment Act 1997 (Commonwealth) section 328‑115(1);

business has the same meaning as in the Income Tax Assessment Act 1997 (Commonwealth);

commercial proponent —

(a)means a person carrying on a business; but

(b)does not include any of the following —

(i)a government proponent;

(ii)a small business;

(iii)a non‑profit organisation;

(iv)a CATSI Act corporation or Corporations Act corporation, except in respect of the undertaking by the corporation of an activity for profit or commercial gain;

government proponent —

(a)means —

(i)a department or organisation as defined in the Public Sector Management Act 1994 section 3(1); or

(ii)an entity listed in the Public Sector Management Act 1994 Schedule 1 (other than in items 1 to 4 and 6 to 10);

but

(b)does not include any of the following —

(i)the Legislative Council or Legislative Assembly;

(ii)a committee of the Legislative Council or Legislative Assembly, or a joint committee or standing committee of the Legislative Council and Legislative Assembly;

(iii)a Royal Commission;

(iv)a member of, or person who holds an office established under a written law for the purposes of, a body set out in subparagraph (i), (ii) or (iii);

income year, in relation to a commercial proponent, has the same meaning as in the Income Tax Assessment Act 1997 (Commonwealth);

non‑profit organisation means an organisation that is not carried on for the purposes of profit or gain to its individual members and is, by the terms of the organisation’s constitution, prohibited from making any distribution, whether in money, property or otherwise, to its members;

payment period, in relation to a fee payable under these regulations, means the period within which the fee must be paid;

revenue, in relation to a government proponent for a financial year, means the total revenue of the government proponent for that financial year;

Note for this definition:

The revenue of a government proponent may include the following —

(a)income generated through the government proponent’s operating activities, including income from performing services, selling goods or charging fees;

(b)income received directly from government, including income from appropriations or special purpose accounts.

revenue category —

(a)in relation to a commercial proponent for an income year — means the category given in regulation 4(1) or determined under regulation 5(2);

(b)in relation to a government proponent for a financial year — means the category given in regulation 4(2) or determined under regulation 5(4);

small business has the meaning given in the Small Business Development Corporation Act 1983 section 3(1).

4.Revenue categories of proponents: general rules

(1)The revenue category of a commercial proponent for an income year is the category set out in the Table that is applicable to the aggregated turnover of the commercial proponent for the previous income year, unless regulation 5(2) applies.

Table

Aggregated turnover for previous income year

Category

Less than $10 million

Category 1

At least $10 million but less than $250 million

Category 2

At least $250 million but less than $1 billion

Category 3

At least $1 billion but less than $5 billion

Category 4

At least $5 billion

Category 5

(2)The revenue category of a government proponent for a financial year is the category set out in the Table that is applicable to the revenue of the government proponent for the previous financial year, unless regulation 5(4) applies.

Table

Revenue for previous financial year

Category

Less than $10 million

Category 1

At least $10 million but less than $250 million

Category 2

At least $250 million but less than $1 billion

Category 3

At least $1 billion but less than $5 billion

Category 4

At least $5 billion

Category 5

5.Revenue categories of proponents: proponents recently come into existence

(1)Subregulation (2) applies if —

(a)a commercial proponent is liable to pay a fee under Part 3 in respect of an application or objection; and

(b)the commercial proponent came into existence in the income year in which the application or objection is made, or the previous income year.

(2)The revenue category of the commercial proponent for the income year in which the application or objection is made is the category determined by the CEO based on the CEO’s estimate of what the aggregated turnover of the commercial proponent will be for the income year in which the application or objection is made.

(3)Subregulation (4) applies if —

(a)a government proponent is liable to pay a fee under Part 3 in respect of an application or objection; and

(b)the government proponent came into existence in the financial year in which the application or objection is made, or the previous financial year.

(4)The revenue category of the government proponent for the financial year in which the application or objection is made is the category determined by the CEO based on the CEO’s estimate of what the revenue of the government proponent will be for the financial year in which the application or objection is made.

[Parts 2‑4 have not come into operation.]

 

 

Notes

This is a compilation of the Aboriginal Cultural Heritage (Cost Recovery) Regulations 2023 and includes amendments made by other written laws. For provisions that have come into operation see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.

Compilation table

Citation

Published

Commencement

Aboriginal Cultural Heritage (Cost Recovery) Regulations 2023 Pt. 1

23 Jun 2023 SL 2023/81

23 Jul 2023 (see r. 2(a))

Uncommenced provisions table

To view the text of the uncommenced provisions see Subsidiary legislation as made on the WA Legislation website.

Citation

Published

Commencement

Aboriginal Cultural Heritage (Cost Recovery) Regulations 2023 (regulations other than Pt. 1)

23 Jun 2023 SL 2023/81

1 Jul 2023 (see r. 2(b))

 

Defined terms

 

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined termProvision(s)

aggregated turnover3

business3

commercial proponent3

government proponent3

income year3

non-profit organisation3

payment period3

revenue3

revenue category3, 4(1) and (2), 5(2) and (4)

small business3