Commonwealth Numbered Acts

STATES GRANTS (PETROLEUM PRODUCTS) AMENDMENT ACT 1985 No. 105, 1985 - SECT 3

3. (1) Section 5 of the Principal Act is amended by inserting after subsection
(4) the following sub-sections:

"(4A) The scheme may contain a provision requiring a registered distributor of
eligible petroleum products included in a specified class of registered
distributors of eligible petroleum products (including a distributor
registered before the provision comes into effect) to comply with such
conditions as are specified in the scheme in relation to that class.

"(4B) The scheme shall not permit the registration under the scheme of a
distributor of eligible petroleum products included in a class of distributors
of eligible petroleum products specified in a provision contained in the
scheme in accordance with sub-section (4A) unless the person authorised to
register distributors is satisfied that the distributor is capable of
complying with the conditions (if any) that will be applicable to the
distributor under such a provision on the registration of the distributor.

"(4C) The scheme may contain a provision requiring a claim for payment of an
amount in accordance with the scheme made by a registered distributor of
eligible petroleum products included in a specified class of registered
distributors of eligible petroleum products to be accompanied by such
declarations (including declarations made by a person other than the claimant)
and other documents (if any) as are specified in the scheme in relation to
that class.".

(2) Section 5 of the Principal Act is amended -

   (a)  by inserting before sub-section (5) the following sub-sections:

"(4D) The scheme shall provide that a person shall be deemed not to be a
registered distributor of eligible petroleum products at any time when -

   (a)  in a case where the person is an incorporated company - the person is,
        or is related to another company that is, the owner or operator of a
        mini-refinery; or

   (b)  in any other case - the person is the owner or operator of a
        mini-refinery.

"(4E) For the purposes of sub-section (4D), the question whether incorporated
companies are related to each other shall be determined in the same manner as
the question whether corporations within the meaning of the Companies Act 1981
are related to each other would be determined under that Act.";

   (b)  by omitting from paragraph (5) (a) "and" (last occurring);

   (c)  by inserting after paragraph (5) (a) the following paragraph:

"(aa) shall provide for the payment by the State to registered distributors of
eligible petroleum products, in respect of the sale by them at a place to
which the scheme applies of any eligible petroleum products that -

        (i)    are produced at a mini-refinery located at that place; and

        (ii)   are not for delivery to another place, of amounts ascertained
               in accordance with the scheme; and"; and

   (d)  by adding at the end the following sub-section:

"(8) In this section - 'mini-refinery' means a refinery that is not able to
carry out refining processes on more than a quantity of petroleum daily which
is the prescribed quantity for the purposes of this section; 'petroleum' means
petroleum oil or petroleum gas.".

(3) A scheme formulated in relation to a State for the purposes of the States
Grants (Petroleum Products) Act 1965 and in force at any time after 31
December 1983 and before the day fixed under sub-section 2 (3) of this Act
shall be deemed to have included the provisions required by sub-section 5 (4D)
and paragraph 5 (5) (aa) of that Act as amended by sub-section (2) of this
section.