Commonwealth Numbered Acts

CUSTOMS AND EXCISE LEGISLATION AMENDMENT ACT (No. 2) 1986 No. 149 of 1986 - SECT 13

13. After section 78A of the Principal Act the following section is inserted:
Rebate of duty in respect of stabilized crude petroleum oil
  "78B. (1) In this section-   'Australian installation' means an installation
that is deemed to be part of Australia by virtue of the operation of section 5
of the Customs Tariff Act 1982;
'Bass Strait Oil' means oil produced at an Australian installation in the
Gippsland Basin in Bass Strait;
'domestic free market sale' means any sale of Bass Strait Oil to a refiner at
a price other than the Import Parity Price;
'Import Parity Price' means the amount per kilolitre that is the Import Parity
Price within the meaning of section 6B of the Excise Tariff Act 1921;
'oil' means stabilized crude petroleum oil;   'producer' means a producer of

Bass Strait Oil;   'refiner' means a person on whose behalf oil is refined in
Australia, whether at an oil refinery operated by the person or otherwise.

"(2) Where-

   (a)  2 or more persons carry on a joint venture for the production of Bass
        Strait Oil; and

   (b)  in accordance with the arrangements of the joint venture, Bass Strait
        Oil produced in the course of the joint venture is shared between
        those persons, then Bass Strait Oil obtained by one of those persons
        as the share of the person in the Bass Strait Oil so produced shall,
        for the purposes of this section, be taken to have been produced by
        the person and not by any other person.

"(3) The Minister for Resources and Energy, or an officer of the Department of
Resources and Energy authorised in writing by that Minister to publish
declarations under this section, may, by notice in writing published in the
Gazette-

   (a)  declare that a rebate is payable to a producer who, during a period
        specified in the notice (being a period commencing after 30 June
        1986), exports, or sells as a domestic free market sale, Bass Strait
        Oil produced by the producer, being Bass Strait Oil upon which duty
        has been paid; and

   (b)  either-

        (i)    declare that the amount of the rebate payable to a producer is
               the amount determined by means specified in the notice, being
               means that provide for determining the amount by reference to a
               rate or rates specified in the notice; or

        (ii)   specify each producer entitled to the rebate and declare, in
               relation to each producer, that the amount of the rebate
               payable to the producer is the amount determined by means
               specified, in relation to the producer, in the notice, being
               means that provide for determining the amount by reference to a
               rate or rates specified in the notice, and, where such a
               declaration is in force, the declaration has effect
               accordingly.

"(4) The provisions of section 48 (other than paragraphs (1) (a) and (b) and
sub-section (2)), 49, 49A and 50 of the Acts Interpretation Act 1901 apply to
notices under sub-section (3) as if in those provisions references to
regulations were references to notices, references to a regulation were
references to a notice and references to repeal were a reference to
recovation.

"(5) Rebates payable under sub-section (3) are payable out of the Consolidated
Revenue Fund which is appropriated accordingly.

"(6) This section shall be read as being in addition to, and not in derogation
of or in substitution for, section 78.".