Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
1996-97
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Petroleum
Excise (Prices) Amendment Bill 1997
No.
, 1997
(Primary Industries and
Energy)
A Bill for an Act to amend the
Petroleum Excise (Prices) Act 1987, and for related
purposes
9703320-975/14.3.1997-(33/97) Cat. No. 96 7403 9 ISBN 0644
49994X
Contents
A Bill for an Act to amend the Petroleum Excise
(Prices) Act 1987, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Petroleum Excise (Prices) Amendment Act
1997.
This Act commences on 1 July 1997.
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repealed as set out in the applicable items in the Schedule concerned, and any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.
1 Subsection 4(1)
Insert:
limited production area means a production area that is
declared to be a limited production area under subsection 6(1B).
2 Subsection 4(1)
Insert:
production area means a production area within the meaning of
section 5B of the Excise Tariff Act 1921:
(a) from which stabilised crude petroleum oil is obtained; and
(b) which is prescribed to be the whole or part of an oil producing
region.
3 Subsection 4(1) (definition of reference
price)
Repeal the definition.
4 Subsection 4(1) (at the end of paragraphs (aa)
and (a) of the definition of reviewable decision)
Add “or”.
5 Subsection 4(1) (after paragraph (aa) of the
definition of reviewable decision)
Insert:
(ab) a decision under subsection 6(1B) refusing to declare a production
area to be a limited production area; or
(ac) a decision under subsection 6(1E) to revoke a declaration that a
production area is a limited production area; or
6 Section 5
Repeal the section.
7 After subsection 6(1)
Insert:
(1A) The information prescribed for the purposes of subsection (1) may
differ according to whether or not the transaction entered into by the oil
producer relates to excisable crude petroleum oil produced from a production
area while that area is declared to be a limited production area.
(1B) If, in respect of excisable crude petroleum oil produced by an oil
producer from a particular production area:
(a) the volume of that oil entered for home consumption before the end of
each of 3 consecutive months (whether in the same financial year or not) is less
than 80% of the free volume of excisable crude petroleum oil in respect of that
month, worked out in accordance with subsection (1G); and
(b) the Minister is satisfied that the volume of that oil likely to be
entered for home consumption before the end of any future month is unlikely,
having regard to production statistics and any other relevant factor known to
the Minister, to exceed 80% of the free volume of that oil in respect of that
future month, worked out in accordance with subsection (1G);
the Minister may declare in writing that production area to be a limited
production area and, if the Minister does so, he or she must notify the oil
producer concerned of that declaration.
(1C) If, in respect of excisable crude petroleum oil produced by an oil
producer from a particular production area:
(a) paragraph (1B)(a) applies in respect of any period of 3 consecutive
months; but
(b) the Minister does not declare that production area to be a limited
production area within 15 days after the end of that period;
the Minister is taken to have refused, under subsection (1B), to make that
declaration.
(1D) If, because the Minister does not declare a production area to be a
limited production area within 15 days after the end of a period of 3
consecutive months, the Minister is taken, under subsection (1C), to have
refused to make that declaration:
(a) that subsection does not prevent the Minister making such a
declaration, in accordance with subsection (1B), at the end of any period of 3
consecutive months to which paragraph (1B)(a) applies (a subsequent
period) that ends after that first-mentioned period; but
(b) if the Minister does not, within 15 days after the end of a subsequent
period, make such a declaration, the Minister is again taken to have refused,
under subsection (1B), to make such a declaration.
(1E) If:
(a) a particular production area has been declared to be a limited
production area; and
(b) at any time after the declaration, the volume of excisable crude
petroleum oil produced in that area and entered for home consumption exceeds the
free volume of that oil in respect of that month, worked out in accordance with
subsection (1G);
then:
(c) the Minister must, by written notice given to the oil producer
concerned, revoke the declaration; and
(d) the producer must give to the Minister, in respect of all excisable
crude petroleum oil produced in that area and entered for home consumption after
the making of the declaration, the information that, but for the making of the
declaration, would have been required in respect of each transaction concerning
that oil.
(1F) The information required to be given to the Minister under subsection
(1E), or particular parts of that information, must be given to the
Minister:
(a) unless the Minister otherwise indicates in the notice revoking the
declaration—in the form specified for the purpose of subsection (2);
and
(b) within a time or times specified by the Minister in that
notice.
(1G) For the purposes of this section, the free volume of excisable crude
petroleum oil that is entered for home consumption before the end of a month is
the maximum volume of such oil that, if entered for home consumption before the
end of that month would, under section 6B, 6C or 6D of the Excise Tariff Act
1921, be a volume of oil to which no notional duty was applicable.
Note: Subsection (4) of section 6B, 6C or 6D of the
Excise Tariff Act 1921 specifies, among other things, the minimum volume
of oil to which notional duty becomes applicable. The effect of that subsection
is modified by subsection (9) of each of those sections.
8 After subsection 7(2)
Insert:
(2A) Nothing in this section implies that the Minister, or a person
authorised by the Minister to exercise the Minister’s powers under this
section, cannot determine an interim VOLWARE price for a month and an oil
producing region at any time during the month concerned, whether or not there is
available at that time any information concerning the prices for which excisable
crude petroleum oil obtained from that region and entered for home consumption
during that month has been sold, or is likely to be sold.
9 After subsection 7(3)
Insert:
(3A) In spite of subsections (2) and (3), neither the Minister nor a
person authorised by the Minister to exercise the Minister’s powers under
this section is required to determine an interim VOLWARE price, or a final
VOLWARE price, in respect of an oil producing region and a month if, at all
times during that month:
(a) if the region consists of a single production area—there is in
force a declaration under subsection 6(1B) that that area is a limited
production area; or
(b) if the region consists of 2 or more production areas—there are
in force declarations under subsection 6(1B) that each of those areas is a
limited production area.
(3B) Nothing in subsection (3A) affects the obligation of the Minister or
of a person authorised by the Minister to exercise the Minister’s powers
under this section to determine an interim VOLWARE price, or a final VOLWARE
price, in respect of an oil producing region and a month if a declaration under
subsection 6(1B) relating to a production area in that region that was in force
during that month is subsequently revoked.
10 Paragraph 8(a)
Omit “Comptroller”, substitute “CEO”.
11 Saving
(1) The Petroleum Excise (Prices) Act 1987 as in force immediately
before the commencement day continues to apply in relation to excisable crude
petroleum oil obtained from an oil producing region and entered for home
consumption during a month occurring before that day.
(2) In this item:
commencement day means the day on which this Act
commences.
excisable crude petroleum oil, oil producing
region and month have the same meanings as in subsection
4(1) of the Petroleum Excise (Prices) Act 1987 as in force immediately
before the commencement day.