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This is a Bill, not an Act. For current law, see the Acts databases.


OFFSHORE PETROLEUM (REPEALS AND CONSEQUENTIAL AMENDMENTS) BILL 2005

2004-2005
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Offshore Petroleum (Repeals and
Consequential Amendments) Bill 2005
No. , 2005
(Industry, Tourism and Resources)
A Bill for an Act to deal with consequential matters
arising from the repeal of the Petroleum
(Submerged Lands) Act 1967 and the enactment of
the Offshore Petroleum Act 2005, and for other
purposes
i Offshore Petroleum (Repeals and Consequential Amendments) Bill 2005 No. , 2005
Contents
1
Short title.......................................................................................1
2
Commencement .............................................................................1
3
Schedule(s)....................................................................................2
Schedule 1--Repeals
3
Petroleum (Submerged Lands) Act 1967
3
Petroleum (Submerged Lands) Fees Act 1994
3
Petroleum (Submerged Lands) (Registration Fees) Act 1967
3
Petroleum (Submerged Lands) (Royalty) Act 1967
3
Schedule 2--Consequential amendments
4
Administrative Decisions (Judicial Review) Act 1977
4
Australian Energy Market Act 2004
4
Australian Postal Corporation Act 1989
5
Coastal Waters (Northern Territory Powers) Act 1980
5
Coastal Waters (State Powers) Act 1980
5
Coral Sea Islands Act 1969
5
Corporations Act 2001
6
Crimes at Sea Act 2000
6
Customs Act 1901
6
Environment Protection and Biodiversity Conservation Act 1999
7
Excise Tariff Act 1921
7
Gas Pipelines Access (Commonwealth) Act 1998
7
Historic Shipwrecks Act 1976
8
Income Tax Assessment Act 1936
9
Income Tax Assessment Act 1997
9
International Tax Agreements Act 1953
10
Maritime Transport Security Act 2003
10
Migration Act 1958
10
National Occupational Health and Safety Commission Act 1985
10
Navigation Act 1912
11
Occupational Health and Safety (Maritime Industry) Act 1993
11
Offshore Minerals Act 1994
11
Offshore Petroleum (Repeals and Consequential Amendments) Bill 2005 No. , 2005 ii
Petroleum Excise (Prices) Act 1987
13
Petroleum Resource Rent Tax Assessment Act 1987
13
Quarantine Act 1908
18
Radiocommunications Act 1992
18
Sea Installations Act 1987
19
Telecommunications Act 1997
19
Telecommunications (Consumer Protection and Service Standards)
Act 1999
20
Trade Practices Act 1974
20
Schedule 3--Other matters
21
Offshore Petroleum (Repeals and Consequential Amendments) Bill 2005 No. , 2005 1
A Bill for an Act to deal with consequential matters
1
arising from the repeal of the Petroleum
2
(Submerged Lands) Act 1967 and the enactment of
3
the Offshore Petroleum Act 2005, and for other
4
purposes
5
The Parliament of Australia enacts:
6
1 Short title
7
This Act may be cited as the Offshore Petroleum (Repeals and
8
Consequential Amendments) Act 2005.
9
2 Commencement
10
(1) Each provision of this Act specified in column 1 of the table
11
commences, or is taken to have commenced, in accordance with
12
2 Offshore Petroleum (Repeals and Consequential Amendments) Bill 2005 No. ,
2005
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day on which this Act receives the
Royal Assent.
2. Schedules 1 to
3
At the same time as Chapter 2 of the
Offshore Petroleum Act 2005 commences.
Note:
This table relates only to the provisions of this Act as originally
4
passed by the Parliament and assented to. It will not be expanded to
5
deal with provisions inserted in this Act after assent.
6
(2) Column 3 of the table contains additional information that is not
7
part of this Act. Information in this column may be added to or
8
edited in any published version of this Act.
9
3 Schedule(s)
10
Each Act that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
Repeals Schedule 1
Offshore Petroleum (Repeals and Consequential Amendments) Bill 2005 No. , 2005
3
1
Schedule 1--Repeals
2
3
Petroleum (Submerged Lands) Act 1967
4
1 The whole of the Act
5
Repeal the Act.
6
Petroleum (Submerged Lands) Fees Act 1994
7
2 The whole of the Act
8
Repeal the Act.
9
Petroleum (Submerged Lands) (Registration Fees) Act 1967
10
3 The whole of the Act
11
Repeal the Act.
12
Petroleum (Submerged Lands) (Royalty) Act 1967
13
4 The whole of the Act
14
Repeal the Act.
15
Schedule 2 Consequential amendments
4 Offshore Petroleum (Repeals and Consequential Amendments) Bill 2005 No. ,
2005
1
Schedule 2--Consequential amendments
2
3
Administrative Decisions (Judicial Review) Act 1977
4
1 At the end of clause 2 of Schedule 3
5
Add:
6
; (g) the Petroleum (Submerged Lands) Act 1982 of Victoria;
7
(h) the Petroleum (Submerged Lands) Act 1982 of Queensland;
8
(i) the Petroleum (Submerged Lands) Act 1982 of Tasmania;
9
(j) the Petroleum (Submerged Lands) Act of the Northern
10
Territory.
11
Australian Energy Market Act 2004
12
2 Subsection 3(1) (definition of adjacent area)
13
Repeal the definition.
14
3 Subsection 3(1)
15
Insert:
16
offshore area, in relation to a State or Territory, has the same
17
meaning as in the Offshore Petroleum Act 2005.
18
4 Subparagraph 6(a)(i)
19
Omit "adjacent area", substitute "offshore area".
20
Note 1: The heading to section 6 is altered by omitting "adjacent areas" and substituting
21
"offshore areas".
22
Note 2: The heading to section 7 is altered by omitting "adjacent areas" and substituting
23
"offshore areas".
24
Note 3: The heading to section 8 is altered by omitting "adjacent areas" and substituting
25
"offshore areas".
26
5 Paragraph 12(a)
27
Omit "adjacent area", substitute "offshore area".
28
Note:
The heading to section 12 is altered by omitting "adjacent areas" and substituting
29
"offshore areas".
30
Consequential amendments Schedule 2
Offshore Petroleum (Repeals and Consequential Amendments) Bill 2005 No. , 2005
5
Australian Postal Corporation Act 1989
1
6 Subsections 9(1), (2) and (3)
2
Omit "adjacent areas" (wherever occurring), substitute "offshore areas".
3
Note:
The heading to section 9 is altered by omitting "adjacent areas" and substituting
4
"offshore areas".
5
7 Subsection 9(3)
6
Omit "adjacent area", substitute "offshore area".
7
8 Subsection 9(4) (definition of adjacent area)
8
Repeal the definition.
9
9 Subsection 9(4)
10
Insert:
11
offshore area, in relation to a State or Territory, has the same
12
meaning as in the Offshore Petroleum Act 2005.
13
Coastal Waters (Northern Territory Powers) Act 1980
14
10 Subsection 3(1) (definition of adjacent area in respect of
15
the Territory)
16
Omit "is described under the heading referring to the Territory in
17
Schedule 2 to the", substitute "was described under the heading
18
referring to the Territory in Schedule 2 to the repealed".
19
Coastal Waters (State Powers) Act 1980
20
11 Subsection 3(1) (definition of adjacent area in respect of
21
the State)
22
Omit "is described under the heading referring to that State in
23
Schedule 2 to the", substitute "was described under the heading
24
referring to that State in Schedule 2 to the repealed".
25
Coral Sea Islands Act 1969
26
12 Subsection 8(3)
27
Schedule 2 Consequential amendments
6 Offshore Petroleum (Repeals and Consequential Amendments) Bill 2005 No. ,
2005
Omit "Petroleum (Submerged Lands) Act 1967", substitute "Offshore
1
Petroleum Act 2005".
2
Corporations Act 2001
3
13 Section 9 (paragraph (b) of the definition of coastal sea)
4
Omit "Schedule 2 to the Petroleum (Submerged Lands) Act 1967",
5
substitute "Schedule 1 to the Offshore Petroleum Act 2005".
6
Crimes at Sea Act 2000
7
14 Clause 14 of Schedule 1
8
Omit "Schedule 2 to the Petroleum (Submerged Lands) Act 1967"
9
(wherever occurring), substitute "Schedule 1 to the Offshore Petroleum
10
Act 2005".
11
15 Paragraph 14(2)(b) of Schedule 1
12
Omit "subsection (7) of section 5A of the Petroleum (Submerged
13
Lands) Act 1967", substitute "subsection 7(2) of the Offshore Petroleum
14
Act 2005".
15
16 Paragraph 14(4)(b) of Schedule 1
16
Omit "adjacent area", substitute "offshore area".
17
17 Paragraph 14(4)(b) of Schedule 1
18
Omit "subsection (3) of section 5A of the Petroleum (Submerged
19
Lands) Act 1967", substitute "subsection 7(1) of the Offshore Petroleum
20
Act 2005".
21
Customs Act 1901
22
18 Subsection 4(1) (subparagraph (a)(i) of the definition of
23
Australian seabed)
24
Omit "Schedule 2 to the Petroleum (Submerged Lands) Act 1967",
25
substitute "Schedule 1 to the Offshore Petroleum Act 2005".
26
19 Subsection 4(1) (definition of Coral Sea area)
27
Omit "the Petroleum (Submerged Lands) Act 1967", substitute
28
"section 7 of the Offshore Petroleum Act 2005".
29
Consequential amendments Schedule 2
Offshore Petroleum (Repeals and Consequential Amendments) Bill 2005 No. , 2005
7
20 Paragraphs 8(2)(a) and (3)(a)
1
Omit "Schedule 2 to the Petroleum (Submerged Lands) Act 1967",
2
substitute "Schedule 1 to the Offshore Petroleum Act 2005".
3
Environment Protection and Biodiversity Conservation Act
4
1999
5
21 Paragraph 524(3)(f)
6
Repeal the paragraph, substitute:
7
(f) the Offshore Petroleum Act 2005;
8
Excise Tariff Act 1921
9
22 Subsection 3(1) (definition of excluded liquid petroleum
10
area)
11
Repeal the definition.
12
23 Subsection 3(1) (definition of exploration permit)
13
Repeal the definition.
14
24 Subsection 3(1) (definition of production licence)
15
Repeal the definition.
16
Gas Pipelines Access (Commonwealth) Act 1998
17
25 Subsection 5(1) (definition of adjacent area)
18
Repeal the definition.
19
26 Subsection 5(1) (definition of Gas Pipelines Access
20
(Commonwealth) Law)
21
Omit "adjacent area" (wherever occurring), substitute "offshore area".
22
27 Subsection 5(1) (definition of Gas Pipelines Access
23
(Commonwealth) Regulations)
24
Omit "adjacent area" (wherever occurring), substitute "offshore area".
25
28 Subsection 5(1)
26
Schedule 2 Consequential amendments
8 Offshore Petroleum (Repeals and Consequential Amendments) Bill 2005 No. ,
2005
Insert:
1
offshore area, in relation to a State or Territory, has the same
2
meaning as in the Offshore Petroleum Act 2005.
3
29 Subsection 5(1) (definition of P(SL) Act)
4
Repeal the definition.
5
30 Section 8
6
Omit "adjacent area" (wherever occurring), substitute "offshore area".
7
Note:
The heading to section 8 is altered by omitting "adjacent areas" and substituting
8
"offshore areas".
9
31 Section 9
10
Omit "adjacent area" (wherever occurring), substitute "offshore area".
11
Note:
The heading to section 9 is altered by omitting "adjacent areas under P(SL) Act" and
12
substituting "offshore areas under the Offshore Petroleum Act 2005".
13
32 Section 9
14
Omit "subsection 9(1A) or 11(1A) of the P(SL) Act", substitute
15
"section 69 of the Offshore Petroleum Act 2005".
16
33 Section 10
17
Omit "adjacent area" (wherever occurring), substitute "offshore area".
18
Note:
The heading to section 10 is altered by omitting "adjacent areas under P(SL) Act" and
19
substituting "offshore areas under the Offshore Petroleum Act 2005".
20
34 Section 10
21
Omit "subsection 9(1A) or 11(1A) of the P(SL) Act", substitute
22
"section 69 of the Offshore Petroleum Act 2005".
23
35 Subsection 11(1)
24
Omit "subsection 9(1) or 11(1) of the P(SL) Act", substitute "subsection
25
59(1) of the Offshore Petroleum Act 2005".
26
36 Section 11
27
Omit "adjacent area" (wherever occurring), substitute "offshore area".
28
Historic Shipwrecks Act 1976
29
Consequential amendments Schedule 2
Offshore Petroleum (Repeals and Consequential Amendments) Bill 2005 No. , 2005
9
37 Subsection 3(5)
1
Omit "is described under the heading referring to that State or Territory
2
in Schedule 2 to the", substitute "was described under the heading
3
referring to that State or Territory in Schedule 2 to the repealed".
4
Income Tax Assessment Act 1936
5
38 Subsection 6AA(1)
6
Omit "Petroleum Act adjacent area" (wherever occurring), substitute
7
"Petroleum Act offshore area".
8
39 Paragraph 6AA(4)(e)
9
Repeal the paragraph, substitute:
10
(e) Petroleum Act offshore area means:
11
(i) an area that is an offshore area for the purposes of the
12
Offshore Petroleum Act 2005; and
13
(ii) the Joint Petroleum Development Area within the
14
meaning of the Petroleum (Timor Sea Treaty) Act 2003.
15
40 Application--section 6AA of the Income Tax Assessment
16
Act 1936
17
The amendments of section 6AA of the Income Tax Assessment Act
18
1936 made by this Schedule apply in relation to events that occur, and
19
circumstances that arise, after the commencement of this item.
20
Income Tax Assessment Act 1997
21
41 Paragraph 40-865(1)(b)
22
Omit "an adjacent area", substitute "a Petroleum Act offshore area or an
23
Installations Act adjacent area".
24
42 Application--paragraph 40-865(1)(b) of the Income Tax
25
Assessment Act 1997
26
The amendment of paragraph 40-865(1)(b) of the Income Tax
27
Assessment Act 1997 made by this Schedule applies in relation to events
28
that occur, and circumstances that arise, after the commencement of this
29
item.
30
Schedule 2 Consequential amendments
10 Offshore Petroleum (Repeals and Consequential Amendments) Bill 2005 No. ,
2005
International Tax Agreements Act 1953
1
43 After subsection 3(7)
2
Insert:
3
(7A) For the purposes of this Act, a reference in the Japanese agreement
4
to an area adjacent to Australia as specified in the Second Schedule
5
to the Petroleum (Submerged Lands) Act 1967-1968 is to be read
6
as including a reference to an area adjacent to Australia as
7
specified in Schedule 1 to the Offshore Petroleum Act 2005.
8
Maritime Transport Security Act 2003
9
44 Section 10 (definition of petroleum)
10
Omit "Petroleum (Submerged Lands) Act 1967", substitute "Offshore
11
Petroleum Act 2005".
12
45 Paragraph 17C(2)(d)
13
Omit "Schedule 7 to the Petroleum (Submerged Lands) Act 1967",
14
substitute "Schedule 3 to the Offshore Petroleum Act 2005".
15
Migration Act 1958
16
46 Subsection 5(1) (subparagraph (a)(i) of the definition of
17
Australian seabed)
18
Omit "Schedule 2 to the Petroleum (Submerged Lands) Act 1967",
19
substitute "Schedule 1 to the Offshore Petroleum Act 2005".
20
47 Subsection 5(1) (definition of Coral Sea area)
21
Omit "the Petroleum (Submerged Lands) Act 1967", substitute
22
"section 7 of the Offshore Petroleum Act 2005".
23
National Occupational Health and Safety Commission Act
24
1985
25
48 Subsections 4(3), (4) and (5)
26
Omit "adjacent areas" (wherever occurring), substitute "offshore areas".
27
49 Subsection 4(5)
28
Consequential amendments Schedule 2
Offshore Petroleum (Repeals and Consequential Amendments) Bill 2005 No. , 2005
11
Omit "adjacent area", substitute "offshore area".
1
50 Subsection 4(6) (definition of adjacent area)
2
Repeal the definition.
3
51 Subsection 4(6)
4
Insert:
5
offshore area, in relation to a State or Territory, has the same
6
meaning as in the Offshore Petroleum Act 2005, but does not
7
include an area that is within Australia.
8
Navigation Act 1912
9
52 Subsection 283K(1)
10
Omit "Petroleum (Submerged Lands) Act 1967", substitute "Offshore
11
Petroleum Act 2005".
12
Note:
The heading to section 283K is altered by omitting "Petroleum (Submerged Lands) Act
13
1967" and substituting "Offshore Petroleum Act 2005".
14
53 Subsection 283K(1)
15
Omit "101", substitute "305".
16
Occupational Health and Safety (Maritime Industry) Act
17
1993
18
54 Section 4 (paragraph (a) of the definition of prescribed
19
ship)
20
Omit "Petroleum (Submerged Lands) Act 1967", substitute "Offshore
21
Petroleum Act 2005".
22
Offshore Minerals Act 1994
23
55 Readers guide (first asterisk-point under the heading
24
"Basic concepts")
25
Omit "(an adjacent area if you are already familiar with the Petroleum
26
(Submerged Lands) Act 1967)", substitute "(an offshore area if you are
27
already familiar with the Offshore Petroleum Act 2005)".
28
Schedule 2 Consequential amendments
12 Offshore Petroleum (Repeals and Consequential Amendments) Bill 2005 No. ,
2005
56 Section 3
1
Omit "Petroleum (Submerged Lands) Act 1967" (wherever occurring),
2
substitute "Offshore Petroleum Act 2005".
3
57 Subsection 13(1)
4
Omit "adjacent area" (first occurring), substitute "offshore area".
5
58 Subsection 13(1)
6
Omit "Petroleum (Submerged Lands) Act 1967" (first occurring),
7
substitute "Offshore Petroleum Act 2005".
8
59 Subsection 13(1) (note)
9
Omit "adjacent area", substitute "offshore area".
10
60 Subsection 13(1) (note)
11
Omit "Petroleum (Submerged Lands) Act 1967", substitute "Offshore
12
Petroleum Act 2005".
13
61 Subsection 13(1) (note)
14
Omit "Schedule 2 to that Act", substitute "Schedule 1 to that Act".
15
62 Subsection 13(1) (note)
16
Omit all the words after "The map in", substitute "subsection 5(3) of
17
that Act illustrates the offshore areas.".
18
63 Subsection 14(1)
19
Omit "adjacent area" (first occurring), substitute "offshore area".
20
64 Subsection 14(1)
21
Omit "Petroleum (Submerged Lands) Act 1967" (wherever occurring),
22
substitute "Offshore Petroleum Act 2005".
23
65 Subsection 14(1) (note 1)
24
Omit "adjacent area", substitute "offshore area".
25
66 Subsection 14(1) (note 1)
26
Omit "Schedule 2", substitute "Schedule 1".
27
67 Subsection 14(1) (note 2)
28
Consequential amendments Schedule 2
Offshore Petroleum (Repeals and Consequential Amendments) Bill 2005 No. , 2005
13
Omit "adjacent area" (wherever occurring), substitute "offshore area".
1
68 Subsection 14(2) (note)
2
Repeal the note, substitute:
3
Note:
Under the Offshore Petroleum Act 2005, the Coral Sea area is treated
4
as being part of the offshore area for Queensland. Therefore, in this
5
Act, the Coral Sea area is part of the Commonwealth-Queensland
6
offshore area.
7
69 Subsection 16(1)
8
Omit "Schedule 2 to the Petroleum (Submerged Lands) Act 1967",
9
substitute "Schedule 1 to the Offshore Petroleum Act 2005".
10
70 Section 35 (note 2)
11
Omit "Petroleum (Submerged Lands) Act 1967", substitute "Offshore
12
Petroleum Act 2005".
13
71 Schedule 2
14
Repeal the Schedule.
15
Petroleum Excise (Prices) Act 1987
16
72 Subsection 4(1) (paragraph (b) of the definition of oil
17
producer)
18
Omit "licensee within the meaning of the Petroleum (Submerged
19
Lands) Act 1967", substitute "production licensee within the meaning of
20
the Offshore Petroleum Act 2005".
21
Petroleum Resource Rent Tax Assessment Act 1987
22
73 Section 2 (definition of access authority)
23
Repeal the definition, substitute:
24
access authority has the same meaning as in the Offshore
25
Petroleum Act 2005.
26
74 Section 2 (definition of block)
27
Omit "Petroleum (Submerged Lands) Act 1967", substitute "Offshore
28
Petroleum Act 2005".
29
Schedule 2 Consequential amendments
14 Offshore Petroleum (Repeals and Consequential Amendments) Bill 2005 No. ,
2005
75 Section 2 (definition of certifying Minister)
1
Omit "Petroleum (Submerged Lands) Act 1967", substitute "Offshore
2
Petroleum Act 2005".
3
76 Section 2 (definition of designated frontier expenditure)
4
Omit "Petroleum (Submerged Lands) Act 1967", substitute "Offshore
5
Petroleum Act 2005".
6
77 Section 2 (definition of excluded fee)
7
Repeal the definition, substitute:
8
excluded fee means an amount of a kind referred to in paragraph
9
91(1)(c), subsection 93(5), paragraph 96(1)(c), subsection 150(4)
10
or paragraph 153(1)(c) of the Offshore Petroleum Act 2005.
11
78 Section 2 (definition of exploration permit)
12
Repeal the definition, substitute:
13
exploration permit has the same meaning as in the Offshore
14
Petroleum Act 2005.
15
79 Section 2 (definition of exploration permit area)
16
Repeal the definition, substitute:
17
exploration permit area has the same meaning as in the Offshore
18
Petroleum Act 2005.
19
80 Section 2 (definition of holder of a registered interest)
20
Omit "subsection 81(12) of the Petroleum (Submerged Lands) Act
21
1967", substitute "subsection 276(3) of the Offshore Petroleum Act
22
2005".
23
81 Section 2 (definition of petroleum)
24
Omit "Petroleum (Submerged Lands) Act 1967", substitute "Offshore
25
Petroleum Act 2005".
26
82 Section 2 (definition of pipeline licence)
27
Repeal the definition, substitute:
28
pipeline licence has the same meaning as in the Offshore
29
Petroleum Act 2005.
30
Consequential amendments Schedule 2
Offshore Petroleum (Repeals and Consequential Amendments) Bill 2005 No. , 2005
15
83 Section 2 (definition of production licence)
1
Repeal the definition, substitute:
2
production licence has the same meaning as in the Offshore
3
Petroleum Act 2005.
4
84 Section 2 (definition of production licence area)
5
Repeal the definition, substitute:
6
production licence area has the same meaning as in the Offshore
7
Petroleum Act 2005.
8
85 Section 2 (definition of registered holder)
9
Omit "Petroleum (Submerged Lands) Act 1967", substitute "Offshore
10
Petroleum Act 2005".
11
86 Section 2 (definition of retention lease)
12
Repeal the definition, substitute:
13
retention lease has the same meaning as in the Offshore Petroleum
14
Act 2005.
15
87 Section 2 (definition of retention lease area)
16
Repeal the definition, substitute:
17
retention lease area has the same meaning as in the Offshore
18
Petroleum Act 2005.
19
88 Section 3
20
Omit "Petroleum (Submerged Lands) Act 1967", substitute "Offshore
21
Petroleum Act 2005".
22
89 Section 3
23
Omit "section 6A", substitute "Division 3 of Part 1.2".
24
90 Paragraph 34A(1)(a)
25
Omit "subsection 41(3) of the Petroleum (Submerged Lands) Act
26
1967", substitute "subsection 222(7) of the Offshore Petroleum Act
27
2005".
28
91 Paragraphs 36A(a), (b) and (c)
29
Schedule 2 Consequential amendments
16 Offshore Petroleum (Repeals and Consequential Amendments) Bill 2005 No. ,
2005
Before "Petroleum (Submerged Lands) Act 1967", insert "repealed".
1
92 Subsection 36B(1)
2
Omit "Petroleum (Submerged Lands) Act 1967", substitute "Offshore
3
Petroleum Act 2005".
4
93 Subsection 36B(6) (definition of potential exploration
5
permit area)
6
Omit "Division 2 of Part III of the Petroleum (Submerged Lands) Act
7
1967", substitute "Part 2.2 of the Offshore Petroleum Act 2005".
8
94 Clause 1 of the Schedule (paragraphs (a) and (b) of the
9
definition of relevant pre-commencement day)
10
Omit "subsection 41(3) of the Petroleum (Submerged Lands) Act
11
1967", substitute "subsection 222(7) of the Offshore Petroleum Act
12
2005".
13
95 Transitional--pre-commencement events and
14
circumstances
15
For the purposes of the application of:
16
(a) the Petroleum Resource Rent Tax Assessment Act 1987 (the
17
PRRTA Act); or
18
(b) an Act with which the PRRTA Act is incorporated;
19
to events that occurred, and circumstances that arose, before the
20
commencement of this item:
21
(c) each of the following definitions in section 2 of the PRRTA
22
Act has effect as if the defined expression included anything
23
that was covered by the definition as in force before the
24
commencement of this item:
25
(i) the definition of access authority;
26
(ii) the definition of block;
27
(iii) the definition of certifying Minister;
28
(iv) the definition of designated frontier expenditure;
29
(v) the definition of excluded fee;
30
(vi) the definition of exploration permit;
31
(vii) the definition of exploration permit area;
32
(viii) the definition of holder of a registered interest;
33
(ix) the definition of petroleum;
34
Consequential amendments Schedule 2
Offshore Petroleum (Repeals and Consequential Amendments) Bill 2005 No. , 2005
17
(x) the definition of pipeline licence;
1
(xi) the definition of production licence;
2
(xii) the definition of production licence area;
3
(xiii) the definition of registered holder;
4
(xiv) the definition of retention lease;
5
(xv) the definition of retention lease area; and
6
(d) section 3 of the PRRTA Act has effect as if:
7
(i) a reference in that section to the Offshore Petroleum Act
8
2005 included a reference to the repealed Petroleum
9
(Submerged Lands) Act 1967; and
10
(ii) the reference in that section to Division 3 of Part 1.2 of
11
the Offshore Petroleum Act 2005 included a reference to
12
section 6A of the repealed Petroleum (Submerged
13
Lands) Act 1967; and
14
(e) paragraph 34A(1)(a) of the PRRTA Act has effect as if the
15
reference in that paragraph to subsection 222(7) of the
16
Offshore Petroleum Act 2005 included a reference to
17
subsection 41(3) of the repealed Petroleum (Submerged
18
Lands) Act 1967; and
19
(f) subsection 36B(1) of the PRRTA Act has effect as if the
20
reference in that subsection to the Offshore Petroleum Act
21
2005 included a reference to the repealed Petroleum
22
(Submerged Lands) Act 1967; and
23
(g) the definition of potential exploration permit area in
24
subsection 36B(6) of the PRRTA Act has effect as if the
25
reference in that definition to Part 2.2 of the Offshore
26
Petroleum Act 2005 included a reference to Division 2 of
27
Part III of the repealed Petroleum (Submerged Lands) Act
28
1967; and
29
(h) the definition of relevant pre-commencement day in clause 1
30
of the Schedule to the PRRTA Act has effect as if a reference
31
in that definition to subsection 222(7) of the Offshore
32
Petroleum Act 2005 included a reference to subsection 41(3)
33
of the repealed Petroleum (Submerged Lands) Act 1967.
34
96 Transitional--section 36B of the Petroleum Resource Rent
35
Tax Assessment Act 1987
36
(1)
This item applies to an instrument if:
37
Schedule 2 Consequential amendments
18 Offshore Petroleum (Repeals and Consequential Amendments) Bill 2005 No. ,
2005
(a) the instrument was in force immediately before the
1
commencement of this item; and
2
(b) the instrument was made under subsection 36B(1) or (5) of
3
the Petroleum Resource Rent Tax Assessment Act 1987 (the
4
PRRTA Act).
5
(2)
The instrument has effect, after the commencement of this item, as if:
6
(a) it had been made under the corresponding provision of the
7
PRRTA Act as amended by this Act; and
8
(b) any requirement imposed by the PRRTA Act (as amended by
9
this Act) in relation to the making of the instrument had been
10
satisfied.
11
(3)
Subitem (2) does not prevent the instrument continuing to have effect
12
for the purposes of the application of:
13
(a) the PRRTA Act; or
14
(b) an Act with which the PRRTA Act is incorporated;
15
to events that occurred, and circumstances that arose, before the
16
commencement of this item.
17
Quarantine Act 1908
18
97 Subsection 5(1) (subparagraph (a)(i) of the definition of
19
Australian seabed)
20
Omit "Schedule 2 to the Petroleum (Submerged Lands) Act 1967",
21
substitute "Schedule 1 to the Offshore Petroleum Act 2005".
22
98 Subsection 5(1) (definition of Coral Sea area)
23
Omit "the Petroleum (Submerged Lands) Act 1967", substitute
24
"section 7 of the Offshore Petroleum Act 2005".
25
Radiocommunications Act 1992
26
99 Subsection 17(1)
27
Omit "adjacent areas" (wherever occurring), substitute "offshore areas".
28
Note:
The heading to section 17 is replaced by the heading "Offshore areas".
29
100 Paragraph 17(2)(b)
30
Omit "adjacent area", substitute "offshore area".
31
Consequential amendments Schedule 2
Offshore Petroleum (Repeals and Consequential Amendments) Bill 2005 No. , 2005
19
101 Subsection 17(3) (definition of adjacent area)
1
Repeal the definition.
2
102 Subsection 17(3)
3
Insert:
4
offshore area, in relation to a State or Territory, has the same
5
meaning as in the Offshore Petroleum Act 2005.
6
Sea Installations Act 1987
7
103 Subsection 4(1) (definition of Petroleum Act)
8
Repeal the definition, substitute:
9
Petroleum Act means the Offshore Petroleum Act 2005.
10
104 Subsection 4(1) (paragraph (qa) of the definition of sea
11
installation)
12
Omit "Petroleum (Submerged Lands) Act 1967", substitute "Petroleum
13
Act".
14
105 Subsections 5(1) and (5)
15
Omit "Schedule 2", substitute "Schedule 1".
16
106 Paragraph 46(5)(a)
17
Omit "Schedule 2", substitute "Schedule 1".
18
107 Paragraph 47(5)(a)
19
Omit "Schedule 2", substitute "Schedule 1".
20
Telecommunications Act 1997
21
108 Subsection 11(1)
22
Omit "adjacent areas" (wherever occurring), substitute "offshore areas".
23
Note:
The heading to section 11 is altered by omitting "adjacent areas" and substituting
24
"offshore areas".
25
109 Subsections 11(2) and (3)
26
Omit "adjacent area" (wherever occurring), substitute "offshore area".
27
Schedule 2 Consequential amendments
20 Offshore Petroleum (Repeals and Consequential Amendments) Bill 2005 No. ,
2005
110 Subsection 11(5) (definition of adjacent area)
1
Repeal the definition.
2
111 Subsection 11(5)
3
Insert:
4
offshore area, in relation to a State or Territory, has the same
5
meaning as in the Offshore Petroleum Act 2005.
6
Telecommunications (Consumer Protection and Service
7
Standards) Act 1999
8
112 Paragraph 7(d)
9
Omit "adjacent areas", substitute "offshore areas".
10
Trade Practices Act 1974
11
113 Paragraph 4N(1)(b)
12
Omit "adjacent area", substitute "offshore area".
13
114 Paragraph 4N(1)(b)
14
Omit "section 5A of the Petroleum (Submerged Lands) Act 1967",
15
substitute "section 7 of the Offshore Petroleum Act 2005".
16
115 Subsection 4N(2)
17
Repeal the subsection.
18
116 Subsection 4N(3)
19
Omit "adjacent areas", substitute "offshore areas".
20
Other matters Schedule 3
Offshore Petroleum (Repeals and Consequential Amendments) Bill 2005 No. , 2005
21
1
Schedule 3--Other matters
2
3
1 Offence against section 96 of the repealed Petroleum
4
(Submerged Lands) Act 1967
5
Section 96 of the repealed Petroleum (Submerged Lands) Act 1967 is
6
taken always to have had effect as if the penalty to that section had
7
never been enacted.
8

 


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