Commonwealth Numbered Acts

Excise Tariff Amendment Act (No. 2) 1983 No. 99 of 1983 - SECT 4

4. After section 6A of the Principal Act the following section is inserted:
Duties of excise on certain crude petroleum oil

''6B. (1) In this section-

'financial year' means a period of 12 months commencing on 1 July;

'Import Parity Price' means $229.85 per kilolitre or such other amount per
kilolitre as the Minister for Resources and Energy determines under
sub-section (11) to be the Import Parity Price of Bass Strait stabilized crude
petroleum oil;

'prescribed division', in relation to a financial year, means one of 36
divisions of that year of approximately equal length prescribed by
Departmental By-laws;

'prescribed production area' means a petroleum production area prescribed by
Departmental By-laws;

'relevant oil' means stabilized crude petroleum oil in respect of which
paragraph 17 (A) (2) in the Schedule applies.

''(2) The amount of duty in respect of relevant oil ascertained in accordance
with this section shall be ascertained by reference to the prescribed
production area from which the oil is produced and to the prescribed division
of a financial year during which the oil is entered for home consumption.

''(3) The amount of duty in respect of relevant oil produced from a particular
prescribed production area and entered for home consumption during a
particular prescribed division of a financial year is the difference (if any)
between-

   (a)  the amount of notional duty in respect of relevant oil produced at
        that production area and entered for home consumption during the
        period commencing on the commencement of that financial year and
        ending on the expiration of that prescribed division; and

   (b)  the amount of duty (if any) paid in respect of the relevant oil
        produced from that production area and entered for home consumption
        during that period.

''(4) The amount of notional duty in respect of relevant oil produced at a
particular prescribed production area and entered for home consumption during
a particular period is the sum of the amounts of notional duty in respect of-

   (a)  the quantity (if any) of the oil that exceeds A x B but does not
        exceed A x 2B;

   (b)  the quantity (if any) of the oil that exceeds A x 2B but does not
        exceed A x 4B;

   (c)  the quantity (if any) of the oil that exceeds A x 4B but does not
        exceed A x 6B;

   (d)  the quantity (if any) of the oil that exceeds A x 6B but does not
        exceed A x 8B;

   (e)  the quantity (if any) of the oil that exceeds A x 8B but does not
        exceed A x 10B;

   (f)  the quantity (if any) of the oil that exceeds A x 10B but does not
        exceed A x 12B;

   (g)  the quantity (if any) of the oil that exceeds A x 12B,
where-

A is the number of days in the period;

B is-

   (a)  where the period is in a year in which there are 365 days-136.98630
        kilolitres; or

   (b)  where the period is in a year in which there are 366 days-136.61202
        kilolitres.

''(5) Subject to sub-sections (6) and (9), the amount of notional duty in
respect of a quantity of oil referred to in sub-section (4) is an amount equal
to the relevant percentage of the product of-

   (a)  the amount specified in the Import Parity Price; and

   (b)  the number of kilolitres in that quantity, calculated to the nearest
        cent.

''(6) Where a variation of the Import Parity Price has occurred, or variations
of the Import Parity Price have occurred, during a financial year, the amount
of the notional duty in respect of a quantity of oil referred to in
sub-section (4) produced at a particular prescribed production area and
entered for home consumption during a period in that year (in this section
referred to as the 'relevant period') is an amount equal to the relevant
percentage of the sum of the amounts calculated in respect of each Import
Parity Price in operation during that period in accordance with the formula-

C x D x E
----------
F where-

C is the amount specified in the Import Parity Price;

D is the number of kilolitres in the quantity;

E is the number of kilolitres of relevant oil produced at that
production area and entered for home consumption after the
commencement of the relevant period or the day on which the Import
Parity Price was determined (whichever occurred last) and before the
end of the relevant period or the day on which another Import Parity
Price was determined (whichever occurred first);

F is the number of kilolitres of relevant oil produced at that
production area and entered for home consumption during the relevant
period.

''(7) For the purposes of sub-sections (5) and (6), the relevant percentage in
relation to a quantity of oil referred to in sub-section (4) is-

   (a)  in the case of a quantity to which paragraph (4) (a) applies-5%;

   (b)  in the case of a quantity to which paragraph (4) (b) applies-15%;

   (c)  in the case of a quantity to which paragraph (4) (c) applies-20%;

   (d)  in the case of a quantity to which paragraph (4) (d) applies-40%;

   (e)  in the case of a quantity to which paragraph (4) (e) applies-70%;

   (f)  in the case of a quantity to which paragraph (4) (f) applies-80%; and

   (g)  in the case of a quantity to which paragraph (4) (g) applies-87%.

''(8) For the purposes of sub-sections (5) and (6), the number of kilolitres
in a quantity of oil shall be taken to be a number equal to-

   (a)  unless paragraph (b) applies-the number of kilolitres in that quantity
        calculated to 1 decimal place; or

   (b)  where the number of kilolitres in that quantity calculated to 2
        decimal places ends in a number greater than 4-the number of
        kilolitres in that quantity calculated to 1 decimal place increased by
        0.1.

''(9) Where no relevant oil produced from a particular prescribed production
area was ever entered for home consumption before the expiration of the first
prescribed division of a particular financial year, then, in ascertaining, in
accordance with sub-sections (4), (5) and (7) or (4), (6) and (7), the
notional duty in respect of relevant oil produced from that production area
and entered for home consumption during a later prescribed division (in this
sub-section referred to as the 'relevant division') of that financial year,
those sub-sections have effect in relation to the relevant oil as if each
reference in a paragraph of sub-section (4) to B were a reference to the
product of B and the factor ascertained in accordance with the formula-

G
--
H where-

G is the number of days in the period commencing on the day on
whichrelevant oil produced from the prescribed production area was
first enteredfor home consumption and ending on the expiration of the
relevant division; and

H is the number of days in the period commencing on the first day ofthe
financial year and ending on the expiration of the relevant division.

''(10) The words set out after ', if higher,' in the column headed 'Rate of
Duty' in paragraph 17 (A) (2) in the Schedule shall be deemed, for the
purposes of this Act or any other law of the Commonwealth, to be a rate of
duty.

''(11) The Minister for Resouces and Energy may, by instrument published in
the Gazette, determine, from time to time, the amount per kilolitre that is to
be, from the date specified in the notice (not being a date earlier than the
date on which the notice is published in the Gazette), the Import Parity Price
of Bass Strait stabilized crude petroleum oil for the purposes of this
section.

''(12) In making a determination under sub-section (11), the Minister for
Resources and Energy may have regard to-

   (a)  the price, or prices, at which imported stabilized crude oil is sold
        in Australia;

   (b)  the cost of transporting relevant oil within Australia; and

   (c)  such other matters as he thinks appropriate.

''(13) The provisions of section 48 (other than paragraph (1) (a) and
sub-section (2)), 49, 49A and 50 of the Acts Interpretation Act 1901 apply in
relation to determinations made under sub-section (11) as if references in
those provisions to regulations were references to determinations under
sub-section (11).''.