EXCISE TARIFF AMENDMENT (CONDENSATE) BILL 2011

i Excise Tariff Amendment (Condensate) Bill 2011 No. , 2011

Contents

1 Short

title

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2 Commencement

.................................................................................

3 Schedule(s)

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Schedule 1--Amendments

Part 1--Amendments

Excise Tariff Act 1921

Part 2--Application and savings provisions

Excise Tariff Amendment (Condensate) Bill 2011 No. , 2011 1

A Bill for an Act to amend the law relating to excise

tariffs, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Excise Tariff Amendment

(Condensate) Act 2011.

2 Commencement

This Act commences on the day this Act 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repealed as set out in the applicable items in the Schedule

Amendments Schedule 1

Amendments Part 1

Excise Tariff Amendment (Condensate) Bill 2011 No. , 2011 3

Schedule 1--Amendments

Part 1--Amendments

Excise Tariff Act 1921

1 Section 6AB

Omit ", under by-laws,".

2 Subsection 6CA(1) (definition of prescribed condensate

production area)

Repeal the definition, substitute:

prescribed condensate production area has the meaning given by

subsection (1A).

3 After subsection 6CA(1)

Insert:

(1A)

Prescribed condensate production area means any of the

following:

(a) a condensate production area prescribed by by-laws (which,

without limiting the generality of the foregoing, may be a

relevant accumulation, a well, an oilfield or a gas field);

(b) the Rankin Trend (see subsection (1B)).

Note:

A by-law may be expressed to take effect before the date it is

registered under the Legislative Instruments Act 2003 (see

subsection (13) of this section).

(1B)

The

Rankin Trend means the area that includes the following:

(a) the reservoirs, or groups of reservoirs, known as:

(i) North Rankin; and

(ii)

Perseus;

and

(iii)

Searipple;

and

(iv)

Goodwyn;

and

(v)

Keast/Dockrell;

and

(vi)

Echo/Yodel;

Schedule 1 Amendments

Part 1 Amendments

4 Excise Tariff Amendment (Condensate) Bill 2011 No. , 2011

(b) other reservoirs, or groups of reservoirs, (if any) that are

specified in the regulations made for the purposes of this

paragraph.

(1C) Before the Governor-General makes a regulation specifying a

reservoir, or a group of reservoirs, for the purposes of

paragraph (1B)(b):

(a) the Resources Minister must be satisfied that the reservoir, or

the group of reservoirs, is part of the same field as a reservoir

or group of reservoirs mentioned in paragraph (1B)(a); and

(b) if the Resources Minister is so satisfied--the Resources

Minister must consider the effect of specifying the reservoir,

or the group of reservoirs, on the efficient exploitation of the

resource related to the reservoir, or to the group of reservoirs.

(1D) Despite subsection 12(2) of the Legislative Instruments Act 2003,

regulations specifying a reservoir, or a group of reservoirs, for the

purposes of paragraph (1B)(b) of this section may be expressed to

take effect from a date before the regulations are registered under

the Legislative Instruments Act 2003.

(1E) Subsection (1D) does not apply to regulations that create, modify

or otherwise affect a provision that makes a person liable to an

offence or civil penalty.

4 At the end of the Act

Add:

7 Regulations

The Governor-General may make regulations prescribing matters

required or permitted by this Act to be prescribed.

Amendments Schedule 1

Application and savings provisions Part 2

Excise Tariff Amendment (Condensate) Bill 2011 No. , 2011 5

Part 2--Application and savings provisions

5 Application and savings

(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.

(2)

Subitems (3) and (4) apply to a by-law if:

(a) the by-law prescribed a condensate production area for the

purposes of the definition of prescribed condensate

production area in subsection 6CA(1) of the Excise Tariff

Act 1921; and

(b) the by-law was in force immediately before the

commencement of this item.

(3)

The by-law has effect, on and after the commencement of this item, as

if it had been made for the purposes of paragraph (a) of the definition of

prescribed condensate production area in subsection 6CA(1A) of the

Excise Tariff Act 1921 as amended by this Schedule.

(4)

However, the by-law does not have effect, and is taken never to have

had effect, to the extent that it prescribed the Rankin Trend as a

condensate production area for the purposes of the definition of

prescribed condensate production area in subsection 6CA(1) of the

Excise Tariff Act 1921.

Commonwealth of Australia Bills

EXCISE TARIFF AMENDMENT (CONDENSATE) BILL 2011