Commonwealth of Australia Bills

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

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

OFFSHORE PETROLEUM (ANNUAL FEES) BILL 2005

2004-2005
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Offshore Petroleum (Annual Fees) Bill
2005
No. , 2005
(Industry, Tourism and Resources)
A Bill for an Act to provide for the payment of
annual fees for certain permits, leases and licences
under the Offshore Petroleum Act 2005, and for
related purposes
i Offshore Petroleum (Annual Fees) Bill 2005 No. , 2005
Contents
1
Short title.......................................................................................1
2
Commencement .............................................................................1
3
Application of Chapter 1 of the Offshore Petroleum Act 2005..........2
4
Fees...............................................................................................2
5
Regulations....................................................................................3
6
Transitional provisions...................................................................3
Schedule 1--Transitional provisions
4
1
Pre-commencement years...............................................................4
2
Transitional--regulations ...............................................................4
3
Re-enactment of the Petroleum (Submerged Lands) Fees Act
1994 ..............................................................................................5
Offshore Petroleum (Annual Fees) Bill 2005 No. , 2005 1
A Bill for an Act to provide for the payment of
1
annual fees for certain permits, leases and licences
2
under the Offshore Petroleum Act 2005, and for
3
related purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act may be cited as the Offshore Petroleum (Annual Fees)
7
Act 2005.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
Section 3
2 Offshore Petroleum (Annual Fees) 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 and
2 and anything in
this Act not
elsewhere covered
by this table
The day on which this Act receives the
Royal Assent.
2. Sections 3 to 6
At the same time as Chapter 2 of the
Offshore Petroleum Act 2005 commences.
3. Schedule 1
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 Application of Chapter 1 of the Offshore Petroleum Act 2005
10
Chapter 1 of the Offshore Petroleum Act 2005 applies to this Act in
11
a corresponding way to the way in which it applies to the Offshore
12
Petroleum Act 2005.
13
Note:
This means, for example, that the definitions in section 6 of the
14
Offshore Petroleum Act 2005 apply to this Act.
15
4 Fees
16
Scope
17
(1) This section applies to the following:
18
(a) a work-bid exploration permit;
19
(b) a special exploration permit;
20
(c) a retention lease;
21
Section 5
Offshore Petroleum (Annual Fees) Bill 2005 No. , 2005 3
(d) a production licence;
1
(e) an infrastructure licence;
2
(f) a pipeline licence.
3
Liability to pay fee
4
(2) The registered holder of the permit, lease or licence is liable to pay
5
a fee for each year of the term of the permit, lease or licence, if that
6
year begins at or after the commencement of this section.
7
Amount of fee
8
(3) The amount of a fee is to be specified in, or calculated in
9
accordance with, the regulations.
10
(4) Different amounts may be prescribed in relation to different
11
permits, leases or licences mentioned in subsection (1).
12
Note:
For collection of fees, see Part 4.6 of the Offshore Petroleum Act
13
2005.
14
5 Regulations
15
The Governor-General may make regulations for the purposes of
16
section 4.
17
6 Transitional provisions
18
Schedule 1 has effect.
19
Schedule 1 Transitional provisions
Clause 1
4 Offshore Petroleum (Annual Fees) Bill 2005 No. , 2005
Schedule 1--Transitional provisions
1
Note:
See section 6.
2
3
4
1 Pre-commencement years
5
(1) Despite the repeal of the Petroleum (Submerged Lands) Fees Act
6
1994, that Act continues to apply, in relation to a fee in respect of a
7
pre-commencement year of the term of an exploration permit,
8
retention lease, production licence, infrastructure licence or
9
pipeline licence, as if that repeal had not happened.
10
(2) For the purposes of this clause, a year of the term of an exploration
11
permit, retention lease, production licence, infrastructure licence or
12
pipeline licence is a pre-commencement year if the year began
13
before the commencement of this clause.
14
2 Transitional--regulations
15
(1) This clause applies to regulations if:
16
(a) the regulations were in force immediately before the
17
commencement of this clause; and
18
(b) the regulations were made for the purposes of a particular
19
provision of the Petroleum (Submerged Lands) Fees Act
20
1994.
21
(2) The regulations have effect, after the commencement of this
22
clause, as if:
23
(a) they had been made for the purposes of the corresponding
24
provision of this Act; and
25
(b) any requirement imposed by this Act or the Legislative
26
Instruments Act 2003 in relation to the making of the
27
regulations (including a requirement about the form of
28
words) had been satisfied.
29
(3) Subclause (2) does not prevent the regulations continuing to have
30
effect for the purposes of a particular provision of the Petroleum
31
(Submerged Lands) Fees Act 1994 as that Act continues to apply
32
after its repeal because of clause 1 of this Schedule.
33
Transitional provisions Schedule 1
Clause 3
Offshore Petroleum (Annual Fees) Bill 2005 No. , 2005 5
(4) For the purposes of this clause, in determining whether a provision
1
is a corresponding provision:
2
(a) regard must be had to the substance of the provision; and
3
(b) if the provision appears to have expressed the same idea in a
4
different form of words for the purpose of using a clearer
5
style--disregard the difference.
6
3 Re-enactment of the Petroleum (Submerged Lands) Fees Act 1994
7
This Act re-enacts the Petroleum (Submerged Lands) Fees Act
8
1994 with certain modifications.
9
Note:
Section 15AC of the Acts Interpretation Act 1901 provides that if an
10
Act has expressed an idea in a particular form of words, and a later
11
Act appears to have expressed the same idea in a different form of
12
words for the purpose of using a clearer style, the ideas shall not be
13
taken to be different merely because different forms of words were
14
used.
15

 

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