2008

The Parliament of the
Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Excise Legislation Amendment (Condensate) Bill 2008

No. , 2008

(Treasury)

A Bill for an Act to amend the law relating to excise, and for related purposes



Excise Legislation Amendment (Condensate) Bill 2008 No. , 2008

Excise Legislation Amendment (Condensate) Bill 2008 No. , 2008
Contents

 

1 Short title 1

 

2 Commencement 1

 

3 Schedule(s) 1
Schedule 1--Amendments 3
Part 1--Amendments 3
Excise Act 1901 3
Petroleum Excise (Prices) Act 1987 3
Petroleum Revenue Act 1985 5
Part 2--Application and transitional provisions 7

Schedule 1 Amendments
Part 1 Amendments

Amendments Schedule 1
Application and transitional provisions Part 2


Excise Legislation Amendment (Condensate) Bill 2008 No. , 2008

Excise Legislation Amendment (Condensate) Bill 2008 No. , 2008

Excise Legislation Amendment (Condensate) Bill 2008 No. , 2008
A Bill for an Act to amend the law relating to excise, and for related purposes
The Parliament of Australia enacts:

 

1 Short title

This Act may be cited as the Excise Legislation Amendment (Condensate) Act 2008.

 

2 Commencement

This Act commences on the day on which it receives the Royal Assent.

 

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1--Amendments
Part 1--Amendments
Excise Act 1901

 

1 Subsection 58(2)
After "stabilised crude petroleum oil", insert ", condensate".

 

2 Paragraph 58(3)(a)
After "stabilized crude petroleum oil", insert ", or condensate,".

 

3 After section 164
Insert:

 

164A Effect of regulations relating to condensate

    (1) Despite subsection 12(2) of the Legislative Instruments Act 2003, regulations made for the purposes of this Act in relation to condensate may be expressed to take effect from a date before the regulations are registered under the Legislative Instruments Act 2003.

    (2) Subsection (1) does not apply to regulations that create, modify or otherwise affect a provision that makes a person liable to an offence or civil penalty.

Petroleum Excise (Prices) Act 1987

 

4 Title
After "oil", insert "and condensate".

 

5 Subsection 4(1)
Insert:

excisable condensate means condensate in respect of which subitem 21.3 of the Schedule to the Excise Tariff Act 1921 applies, or will, upon the entry of the condensate for home consumption, apply.

Note: The following heading to subsection 4(1A) is inserted "Effect of regulations".

 

6 After subsection 4(1B)
Insert:

(1C) Despite subsection 12(2) of the Legislative Instruments Act 2003, regulations made for the purposes of this Act in relation to condensate may be expressed to take effect from a date before the regulations are registered under the Legislative Instruments Act 2003.

(1D) Subsection (1C) does not apply to regulations that create, modify or otherwise affect a provision that makes a person liable to an offence or civil penalty.

Note: The following heading to subsection 4(2) is inserted "Transaction price where no sale".

 

7 After Part I
Insert:

Part IA--Determination of prices for condensate

 

5 Purpose of Part

    (1) The purpose of this Part is to allow the Minister to establish prices of condensate which are used in imposing duties of excise on condensate.

    (2) It does so by providing that the Act, in addition to its general operation, operates as if:

        (a)   references to excisable crude petroleum oil were references to excisable condensate; and

        (b)   references to stabilised crude petroleum oil, crude petroleum oil and oil were references to condensate.

 

5A Additional operation of Act

    (1) In addition to the operation of this Act apart from this Part, this Act applies as if the modifications set out in subsections (2) and (3) were made.

    (2) The first modification is that each reference in this Act (other than the definition of excisable crude petroleum oil in subsection 4(1)) or in the regulations to excisable crude petroleum oil is taken to be a reference to excisable condensate.

    (3) The second modification is that each reference to:

        (a)   stabilised crude petroleum oil; or

        (b)   crude petroleum oil; or

        (c)   oil;
in this Act (other than the title of this Act) or in the regulations is taken to be a reference to condensate.

    (4) Nothing in this section affects the operation of references to the following in the Excise Act 1901 or the Excise Tariff Act 1921:

        (a)   excisable crude petroleum oil;

        (b)   stabilised crude petroleum oil;

        (c)   crude petroleum oil;

        (d)   oil.

 

8 Subsection 6(1G)
After "6C", insert ", 6CA".

 

9 Subsection 6(1G) (note)
Omit "Note", substitute "Note 1".

 

10 At the end of subsection 6(1G)
Add:

Note 2: Subsection 6CA(5) of the Excise Tariff Act 1921 specifies, among other things, the minimum volume of condensate to which notional duty becomes applicable. The effect of that subsection is modified by subsection 6CA(12) of that Act.

Petroleum Revenue Act 1985

 

11 At the end of paragraph 7(2)(a)
Add "or".

 

12 After paragraph 7(2)(b)
Insert:

(ba) prescribing any condensate production area for the purposes of the definition of prescribed condensate production area in subsection 6CA(1) of that last-mentioned Act; or

Part 2--Application and transitional provisions

 

13 Application
Application of Schedule
(1) The amendments made by this Schedule apply in relation to condensate produced after midnight (by legal time in the Australian Capital Territory) on 13 May 2008.

Limited production areas
(2) Subsections 6(1A) to 6(1G) and 7(3A) of the Petroleum Excise (Prices) Act 1987 (as amended by this Act) do not apply in relation to condensate produced during the period:

        (a)   beginning on the day on which this item commences; and

        (b)   ending at the end of the third month that begins on or after the day on which this item commences.

    (3) In this item:

month means one of the 12 months of a calendar year.

 

14 Deemed entry for home consumption
(1) This item applies if:

        (a)   a person produces condensate after midnight (by legal time in the Australian Capital Territory) on 13 May 2008; and

        (b)   the person does not have a manufacturer's licence (within the meaning of the Excise Act 1901) to manufacture condensate; and

        (c)   the person's grace period has not ended (see subitem (4)).

    (2) For the purposes of the Excise Act 1901 and the Petroleum Excise (Prices) Act 1987 (as amended by this Act), the person is taken to have been given a permission under section 61C of the Excise Act 1901 to deliver the condensate for home consumption from the prescribed condensate production area from which the condensate is produced.

    (3) The permission is taken to be revoked at the end of the person's grace period.

    (4) In this item:

grace period, in relation to a person, means the period:

        (a)   beginning immediately after midnight (by legal time in the Australian Capital Territory) on 13 May 2008; and

        (b)   ending at the earlier of the following times:

        (i)   the time when the CEO grants, or refuses to grant, the person a manufacturer's licence to manufacture condensate under section 39A of the Excise Act 1901;

        (ii)   the end of the transition period.

transition period means the period that would be the transition period within the meaning of subsection 15(3) of the Excise Act 1901 if the definition of first day were 14 May 2008.

 

---

[Index] [Search] [Download] [Related Items] [Help]