Commonwealth Numbered Acts Commonwealth Numbered ActsIn this Act:
"advice window " : see subsection 16(4).
"affected entity " , in relation to an audit under Division 7 of Part 2, means each of the following:
(a) the entity that is to be, or is being, audited;
(b) if that entity has an Australian controlling corporation--the Australian controlling corporation;
(c) any entity in possession of stocks of an MSO product that are held (within the meaning of Division 5 of Part 2):
(i) by the entity that is to be, or is being, audited; or
(ii) if the entity that is to be, or is being, audited is the Australian controlling corporation of a subsidiary that is subject to the minimum stockholding obligation--by the subsidiary.
"approved form " , in relation to a provision, means the form approved by the Secretary for that provision under section 81.
"audit team leader " means a registered greenhouse and energy auditor appointed under section 33 or 34.
"audit team member " , in relation to an audit, means a person assisting the audit team leader to carry out the audit.
"Australia " , when used in a geographical sense, does not include the external Territories.
"Australian controlling corporation " : see paragraph 8(2)(a).
"Australian port " means a port in Australia.
"civil penalty provision " has the same meaning as in the Regulatory Powers Act.
"commitment period " of a person, in relation to a committed refinery, means the period specified in:
(a) the notice given to the person in relation to the refinery under subsection 40(3); or
(b) if the person has been given a notice in relation to the refinery under subsection 41(3)--the most recent such notice.
"committed refinery " : see paragraph 40(3)(a).
"constitutional corporation " means a corporation to which paragraph 51(xx) of the Constitution applies.
"designated " : a quantity of stocks of an MSO product is designated for an entity on an obligation day in accordance with section 13.
"feedstock " : see subsection 25(3).
"FSSP " is short for fuel security services payment.
"FSSP fuel " means any of the following fuels that also meets any requirements prescribed by the rules for the fuel:
(a) gasoline;
(b) diesel;
(c) kerosene;
(d) a covered product within the meaning of the Petroleum and Other Fuels Reporting Act 2017 that is prescribed by the rules for the purposes of this paragraph.
"import " : an entity imports an MSO product that was produced overseas if the entity:
(a) does an act that constitutes the importation of the product into Australia for home consumption; or
(b) does another act related to the importation of the product into Australia prescribed by the rules.
"International Energy Agreement " means the Agreement on an International Energy Program done at Paris on 18 November 1974, as in force for Australia from time to time.
Note: The Agreement is in Australian Treaty Series 1979 No. 7 ([1979] ATS 7) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
"margin " : see subsection 43(6).
"MSO " is short for minimum stockholding obligation.
Note: Section 7 sets out the substance of the minimum stockholding obligation.
"MSO activity " , in relation to an MSO product, means:
(a) refining the product; or
(b) importing the product; or
(c) a covered activity within the meaning of the Petroleum and Other Fuels Reporting Act 2017 that is prescribed by the rules for the purposes of this paragraph in relation to the product.
"MSO product " means any of the following products that also meets any requirements prescribed by the rules for the product:
(a) gasoline;
(b) diesel;
(c) kerosene;
(d) a covered product within the meaning of the Petroleum and Other Fuels Reporting Act 2017 that is prescribed by the rules for the purposes of this paragraph.
"notice window " : see subsection 15(5).
"obligation day " means a day prescribed by the rules.
"offence against this Act " includes an offence against Chapter 7 of the Criminal Code that relates to this Act.
"quarter " means a period of 3 months ending on 31 March, 30 June, 30 September or 31 December.
"registered greenhouse and energy auditor " means an individual who is registered in the register of greenhouse and energy auditors kept under section 75A of the National Greenhouse and Energy Reporting Act 2007 .
(a) a constitutional corporation; or
(b) a trust, all of the trustees of which are constitutional corporations; or
(c) a body corporate that is incorporated in a Territory; or
(d) a body corporate that is taken to be registered in a Territory under section 119A of the Corporations Act 2001 ; or
(e) a trust, if the proper law of the trust and the law of the trust's administration are the law of a Territory; or
(f) an entity, the core or routine activities of which are carried out in or in connection with a Territory.
"Regulatory Powers Act " means the Regulatory Powers (Standard Provisions) Act 2014 .
"responsible person " : see subsections 72(1) and (2).
"reviewable decision " : see subsections 72(1) and (2).
"rules " means rules made under section 84.
"Secretary " means the Secretary of the Department.
"stored in Australia " : see section 21.
"subject to the minimum stockholding obligation " : see section 9.
"subsidiary " has the meaning given by section 46 of the Corporations Act 2001 .
"temporary reduction period " : see subsection 18(3).