PART I
-
PRELIMINARY
SECTION 4
INTERPRETATION
4(1)
In this Act, unless the contrary intention appears:
excisable condensate
means condensate in respect of which subitem 21.3 of the Schedule to the
Excise Tariff Act 1921
applies, or will, upon the entry of the condensate for home consumption, apply.
History
Definition of
"
excisable condensate
"
inserted by No 108 of 2008, s 3 and Sch 1 item 5, effective 18 October 2008. For application and transitional provisions, see note under Pt
IA
heading.
excisable crude petroleum oil
means stabilised crude petroleum oil in respect of which subitem 20.5, 20.6 or 20.7 of the Schedule to the
Excise Tariff Act 1921
applies, or will, upon the entry of the oil for home consumption, apply.
History
Definition of
"
excisable crude petroleum oil
"
amended by No 74 of 2006, s 3 and Sch 1 item 95, by substituting
"
subitem 20.5, 20.6 or 20.7 of
"
for
"
paragraph 17A(2) in
"
, effective 1 July 2006.
final VOLWARE price
, in relation to a month and an oil producing region, means the price determined under subsection
7(3)
for that month and that region.
History
Definition of
"
final VOLWARE price
"
amended by No 114 of 1990, s 3(1)(a) and (b), by inserting
"
and an oil producing region
"
and
"
and that region
"
, effective 26 December 1987. For application provision, see note under s
4(1A)
.
interim VOLWARE price
, in relation to a month and an oil producing region, means the price determined under subsection
7(2)
for that month and that region.
History
Definition of
"
interim VOLWARE price
"
amended by No 114 of 1990, s 3(1)(c) and (d), by inserting
"
and an oil producing region
"
and
"
and that region
"
, effective 26 December 1987. For application provision, see note under s
4(1A)
.
limited production area
means a production area that is declared to be a limited production area under subsection
6(1B)
.
History
Definition of
"
limited production area
"
inserted by No 79 of 1997, s 3 and Sch 1 item 1, effective 1 July 1997. For saving provision, see note under s
6(1A)
.
month
means one of the 12 months of a calendar year.
oil producer
means a person who carries on operations for the recovery of stabilised crude petroleum oil and:
(a)
if that oil is obtained from an oil producing region that is located, in whole or in part, on the landward side of the outer limits of the territorial sea of Australia
-
is the holder of a lease or licence (however described) authorising the obtaining of that oil or a part of that oil, being a lease or licence that is issued under the appropriate law of a State or Territory in which, or in the territorial sea adjacent to which, that region, or a part of that region, is located; or
(b)
if that oil is obtained from an oil producing region that is located, in whole or in part, beyond the outer limits of the territorial sea of Australia
-
is a petroleum production licensee within the meaning of the
Offshore Petroleum and Greenhouse Gas Storage Act 2006
.
History
Definition of
"
oil producer
"
amended by No 117 of 2008, s 3 and Sch 3 item 32, by substituting
"
Offshore Petroleum and Greenhouse Gas Storage Act 2006
"
for
"
Offshore Petroleum Act 2006
"
, effective 22 November 2008.
Definition of
"
oil producer
"
amended by No 117 of 2008, s 3 and Sch 2 item 58, by inserting
"
petroleum
"
in para (b), effective 22 November 2008.
Definition of
"
oil producer
"
amended by No 17 of 2006, s 3 and Sch 2 item 72, by substituting
"
production licensee within the meaning of the
Offshore Petroleum Act 2006
"
for
"
licensee within the meaning of the
Petroleum (Submerged Lands) Act 1967
"
, effective 1 July 2008.
Definition of
"
oil producer
"
substituted by No 114 of 1990, s 3(1)(h), effective 26 December 1987. For application provision, see note under s
4(1A)
. The definition formerly read:
oil producer
means a person who:
(a)
carries on operations for the recovery of excisable crude petroleum oil; and
(b)
is a licensee within the meaning of the
Petroleum (Submerged Lands) Act 1967
;
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.
History
Definition of
"
oil producing region
"
inserted by No 114 of 1990, s 3(1)(j), effective 26 December 1987. For application provision, see note under s
4(1A)
.
production area
means a production area within the meaning of section
5B
of the
Excise Tariff Act 1921
:
(a)
from which stabilised crude petroleum oil is obtained; and
(b)
which is prescribed to be the whole or part of an oil producing region.
History
Definition of
"
production area
"
inserted by No 79 of 1997, s 3 and Sch 1 item 2, effective 1 July 1997. For saving provision, see note under s
6(1A)
.
reference price
(Repealed by No 79 of 1997)
History
Definition of
"
reference price
"
repealed by No 79 of 1997, s 3 and Sch 1 item 3, effective 1 July 1997. For saving provision, see note under s
6(1A)
. The definition formerly read:
reference price
, in relation to a month and an oil producing region, means the price determined under subsection 5(1) for that month and that region;
Definition of
"
reference price
"
amended by No 114 of 1990, s 3(1)(e) and (f), by inserting
"
and an oil producing region
"
and
"
and that region
"
, effective 26 December 1987. For application provision, see note under s
4(1A)
.
reviewable decision
means:
(aa)
a decision to fix a transaction price under subsection
(2)
; or
(ab)
a decision under subsection
6(1B)
refusing to declare a production area to be a limited production area; or
(ac)
a decision under subsection
6(1E)
to revoke a declaration that a production area is a limited production area; or
(a)
a determination of the final VOLWARE price for a month and an oil producing region under subsection
7(3)
; or
(b)
a decision to fix a price for a transaction under subsection
7(6)
; or
(c)
a decision under subsection
7(9)
to amend a determination of the final VOLWARE price for a month and an oil producing region under subsection
7(3)
.
History
Definition of
"
reviewable decision
"
amended by No 79 of 1997, s 3 and Sch 1 items 4 and 5, by inserting
"
or
"
in para (aa), (a) and inserting para (ab) and (ac), effective 1 July 1997. For saving provision, see note under s
6(1A)
.
Definition of
"
reviewable decision
"
amended by No 115 of 1988, s 3(a), by inserting para (aa), effective 12 December 1988.
Definition of
"
reviewable decision
"
amended by No 114 of 1990, s 3(1)(g), by inserting
"
and an oil producing region
"
(wherever occurring), effective 26 December 1987. For application provision, see note under s
4(1A)
.
transaction price
, in relation to a quantity of excisable crude petroleum oil, means, subject to subsection
7(6)
:
(a)
where the oil producer of the oil has sold the quantity of oil
-
the price for which it was sold; or
(b)
in any other case
-
the price fixed under subsection
(2)
.
History
Definition of
"
transaction price
"
substituted by No 115 of 1988, s 3(b), effective 12 December 1988. The definition formerly read:
transaction price
, in relation to a quantity of excisable crude petroleum oil, means, subject to subsection 7(6), the price for which the oil producer of the oil has, or is deemed to have, sold the quantity of oil;
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.
History
Definition of
"
VOLWARE commencement date
"
inserted by No 114 of 1990, s 3(1)(j), effective 26 December 1987. For application provision, see note under s
4(1A)
.
VOLWARE price
means an interim VOLWARE price or a final VOLWARE price.
Effect of regulations
4(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.
History
S 4(1A) inserted by No 114 of 1990, s 3(1)(k), effective 26 December 1987. No 114 of 1990, s 3(2)
-
(4) contains the following application provision:
3 Interpretation
…
(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
.
4(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.
History
S 4(1B) inserted by No 114 of 1990, s 3(1)(k), effective 26 December 1987. For application provision, see note under s
4(1A)
.
4(1C)
Subsection
12(2)
(retrospective application of legislative instruments) of the
Legislation Act 2003
does not apply to regulations made for the purposes of this Act in relation to condensate.
History
S 4(1C) substituted by No 126 of 2015, s 3 and Sch 1 item 477, effective 5 March 2016. S S 4(1C) formerly read:
4(1C)
Despite subsection 12(2) of the
Legislative Instruments Act 2003
, regulations made for the purposes of this Act in relation to condensate may be expressed to take effect from a date before the regulations are registered under the Legislative Instruments Act 2003.
S 4(1C) inserted by No 108 of 2008, s 3 and Sch 1 item 6, effective 18 October 2008. For application and transitional provisions, see note under Pt
IA
heading.
4(1D)
Subsection
(1C)
does not apply to regulations that create, modify or otherwise affect a provision that makes a person liable to an offence or civil penalty.
History
S 4(1D) inserted by No 108 of 2008, s 3 and Sch 1 item 6, effective 18 October 2008. For application and transitional provisions, see note under Pt
IA
heading.
Transaction price where no sale
4(2)
Where an oil producer of a quantity of excisable crude petroleum oil does not sell the oil but enters into a transaction under which another person takes, or is intended to take, possession of the oil (whether or not ownership in the oil passes, or is intended to pass, to another person) the Minister, or a person appointed or engaged under the
Public Service Act 1999
authorised by the Minister to exercise the Minister
'
s powers under this subsection, may, by instrument in writing, fix a transaction price in respect of that oil (being a transaction price that he or she considers to be fair and reasonable having regard to the terms of the transaction).
History
S 4(2) amended by No 146 of 1999, s 3 and Sch 1 item 731, by substituting
"
a person appointed or engaged under the
Public Service Act 1999
"
for
"
an officer within the meaning of the
Public Service Act 1922
"
, effective 5 December 1999.
S 4(2) substituted by No 115 of 1988, s 3(c), effective 12 December 1988. S 4(2) formerly read:
4(2)
Where an oil producer of a quantity of excisable crude petroleum oil does not sell the oil but converts it into another product, then, for the purposes of this Act:
(a)
the producer shall be deemed to have entered into a transaction, at the time the oil was entered for home consumption, under which the oil is sold to another person at that time; and
(b)
the transaction shall be deemed to have been entered into in such circumstances, and for such a price, as to empower the Minister to fix a transaction price in respect of the oil under subsection 7(6) for the purposes of the determining of VOLWARE prices for a month.
4(3)
Where the Minister or authorised person fixes a price for a transaction under subsection
(2)
, he or she shall notify the oil producer in writing of the fixing of the price, giving reasons for it.
History
S 4(3) inserted by No 115 of 1988, s 3(c), effective 12 December 1988.
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