Commonwealth Numbered Acts

PETROLEUM EXCISE (PRICES) AMENDMENT ACT 1990 No. 114, 1990 - SECT 3

3. (1) Section 4 of the Principal Act is amended:
(a) by inserting in the definition of "final VOLWARE price" in subsection
(1) "and an oil producing region" after "a month";
(b) by inserting in the definition of "final VOLWARE price" in subsection
(1) "and that region" after "that month";
(c) by inserting in the definition of "interim VOLWARE price" in subsection
(1) "and an oil producing region" after "a month";
(d) by inserting in the definition of "interim VOLWARE price" in subsection
(1) "and that region" after "that month";
(e) by inserting in the definition of "reference price" in subsection (1)

"and an oil producing region" after "a month";
(f) by inserting in the definition of "reference price" in subsection (1)

"and that region" after "that month";
(g) by inserting in the definition of "reviewable decision" in subsection
(1) "and an oil producing region" after "a month" (wherever occurring);
(h) by omitting from subsection (1) the definition of "oil producer" and
substituting the following definition: " `oil producer' means a person who
carries on operations for the Petroleum  (Submerged Lands) Act 1967 ;";

   (j)  by inserting in subsection (1) the following definitions:

" `oil producing region' means:

   (a)  a production area within the meaning of section 5B of the
        Excise Tariff  Act 1921 , being an area from which stabilised crude
        petroleum oil is obtained and that is prescribed by the regulations as
        an oil producing region; or

   (b)  2 or more production areas within the meaning of that section from
        which stabilised crude petroleum oil is obtained, being areas that are
        together so prescribed; `VOLWARE commencement date' in relation to
        excisable crude petroleum oil obtained from an oil producing region
        means the date prescribed by the regulations as the date after which
        final VOLWARE prices and interim VOLWARE prices for each month are
        calculated in relation to that oil, not being a date earlier than 31
        December 1987;";

   (k)  by inserting after subsection (1) the following subsections:

"(1A) Regulations prescribing a production area or production areas as an oil
producing region may be expressed to have had effect from 1 January 1988 or
from any later day, including a day occurring before the making of the
regulations, that is specified in the regulations.

"(1B) Where a production area or production areas are prescribed as an oil
producing region with effect from 1 January 1988 or any later day and, after
that day, another production area is discovered, the regulations may provide
that, with effect from the date of that discovery, the oil producing region is
taken to include the production area so discovered.".

(2) Where regulations are made under the Principal Act as amended by this Act
prescribing a production area or production areas as an oil producing region
with effect from 1 January 1988 or including an additional production area in
such a region:

   (a)  a determination of a reference price in respect of a month commencing
        after 31 December 1987 under section 5 of the Prices Act as in force
        from time to time; or

   (b)  a determination of an interim VOLWARE price, or a final VOLWARE price,
        in respect of such a month under section 7 of that Act as so in force;
        being a determination made before the making of those regulations, is
        taken, for the purposes of the Principal Act as amended by this Act,
        to be, and at all material times to have been, a determination of that
        price in respect of that month and that region.

(3) Where regulations are made under the Principal Act as amended by this Act
prescribing a production area or production areas as an oil producing region
with effect from 1 January 1988 or including an additional production area in
such a region, regulations made under subsection 5 (3) of the Prices Act as in
force from time to time, being regulations made before the making of those
first-mentioned regulations, are taken, for the purposes of the Principal Act
as amended by this Act, to be, and at all material times to have been, made in
respect of that region.

(4) In subsections (2) and (3):

"Prices Act" means the Petroleum Excise (Prices) Act 1987.