Commonwealth Numbered Acts

Bass Strait Freight Adjustment Trust Fund Act 1984 No. 24 of 1984 - SECT 9

9. (1) For the purposes of this Act, the Minister may, on the first day of a
month-

   (a)  determine, in respect of each refinery to which, during the
        base period for that month, prescribed oil was transported for
        refining (in this
sub-section referred to as a ''relevant refinery''), an amount per kilolitre
that the Minister considers is the unit freight rate for transporting oil to
that refinery;

   (b)  determine, in respect of each relevant part of the total volume of
        prescribed oil that, during that base period, was transported to
        refineries for refining, the percentage of that volume that is
        represented by the relevant part;

   (c)  determine the amount per kilolitre that is the weighted average
        assessed cost of transporting prescribed oil to refineries, being the
        amount ascertained by-

        (i)    calculating, in respect of each relevant refinery, the amount
               that is the product of the unit freight rate determined under
               paragraph (a) in respect of the relevant refinery and the sum
               of the percentages determined under paragraph (b) that relate
               to that refinery; and

        (ii)   adding the amounts calculated under sub-paragraph (i); and

   (d)  determine, in respect of each person who is a relevant refiner in
        relation to that base year, the percentage of the
        Freight Adjustment Fund that is payable to the person, being the
        percentage ascertained by-

        (i)    calculating, in respect of each relevant refinery to which,
               during the base period, prescribed oil was transported on
               behalf of the person for refining, the percentage ascertained
               in accordance with the formula-

D X E
----------------
F

where-

D is the number of dollars in the unit freight rate determined under paragraph
(a) in respect of the relevant refinery;

E is the percentage determined under paragraph (b) that relates to the person
and to the relevant refinery; and

F is the number of dollars in the amount calculated under paragraph (c); and

        (ii)   adding the percentages calculated under sub-paragraph (i).

(2) Without limiting the generality of sub-section (1), the Minister shall
make determinations under that sub-section on-

   (a)  the first day of the month immediately following the month in which
        this Act comes into operation;

   (b)  the first day of January in each year; and

   (c)  the first day of July in each year.

(3) Where the Minister makes a determination under paragraph (1) (d) on the
first day of a month, that determination applies to that month and to each
later month (if any) that ends before the next determination day.

(4) Where the Minister is required, or wishes, to make determinations under
sub-section (1) on the first day of a month, he may make those determinations
during the immediately preceding month and determinations so made shall, for
the purposes of this Act, be deemed to have been made on that day.

(5) If the Minister is unable to ascertain a volume of prescribed oil that he
needs to know for the purpose of making a determination under paragraph (1)
(b), that volume shall, for that purpose, be taken to be such volume as is
estimated by the Minister, having regard to all relevant facts known to him,
to be the likely volume of that oil.

(6) For the purposes of this section, so much of the total volume of
prescribed oil that, during a base period, was transported to refiners for
refining as was transported to a particular refinery on behalf of a particular
relevant refiner in relation to that period constitutes a relevant part of
that total volume.