PART II
-
DETERMINATION OF PRICES
SECTION 6
OIL PRODUCERS TO GIVE CERTAIN INFORMATION
6(1)
An oil producer of excisable crude petroleum oil entered for home consumption during a particular month shall, in respect of each transaction entered into by the producer concerning that oil, give to the Minister such information as is prescribed.
6(1A)
The information prescribed for the purposes of subsection
(1)
may differ according to whether or not the transaction entered into by the oil producer relates to excisable crude petroleum oil produced from a production area while that area is declared to be a limited production area.
History
S 6(1A) inserted by No 79 of 1997, s 3 and Sch 1 item 7, effective 1 July 1997. No 79 of 1997, s 3 and Sch 1 item 11 contains the following saving provision:
11 Saving
(1)
The
Petroleum Excise (Prices) Act 1987
as in force immediately before the commencement day continues to apply in relation to excisable crude petroleum oil obtained from an oil producing region and entered for home consumption during a month occurring before that day.
(2)
In this item:
commencement day
means the day on which this Act commences.
excisable crude petroleum oil, oil producing region
and
month
have the same meanings as in subsection
4(1)
of the
Petroleum Excise (Prices) Act 1987
as in force immediately before the commencement day.
6(1B)
If, in respect of excisable crude petroleum oil produced by an oil producer from a particular production area:
(a)
the volume of that oil entered for home consumption before the end of each of 3 consecutive months (whether in the same financial year or not) is less than 80% of the free volume of excisable crude petroleum oil in respect of that month, worked out in accordance with subsection
(1G)
; and
(b)
the Minister is satisfied that the volume of that oil likely to be entered for home consumption before the end of any future month is unlikely, having regard to production statistics and any other relevant factor known to the Minister, to exceed 80% of the free volume of that oil in respect of that future month, worked out in accordance with subsection
(1G)
;
the Minister may declare in writing that production area to be a limited production area and, if the Minister does so, he or she must notify the oil producer concerned of that declaration.
History
S 6(1B) inserted by No 79 of 1997, s 3 and Sch 1 item 7, effective 1 July 1997. For saving provision, see note under s
6(1A)
.
6(1C)
If, in respect of excisable crude petroleum oil produced by an oil producer from a particular production area:
(a)
paragraph
(1B)(a)
applies in respect of any period of 3 consecutive months; but
(b)
the Minister does not declare that production area to be a limited production area within 15 days after the end of that period;
the Minister is taken to have refused, under subsection
(1B)
, to make that declaration.
History
S 6(1C) inserted by No 79 of 1997, s 3 and Sch 1 item 7, effective 1 July 1997. For saving provision, see note under s
6(1A)
.
6(1D)
If, because the Minister does not declare a production area to be a limited production area within 15 days after the end of a period of 3 consecutive months, the Minister is taken, under subsection
(1C)
, to have refused to make that declaration:
(a)
that subsection does not prevent the Minister making such a declaration, in accordance with subsection
(1B)
, at the end of any period of 3 consecutive months to which paragraph
(1B)(a)
applies (a
subsequent period
) that ends after that first-mentioned period; but
(b)
if the Minister does not, within 15 days after the end of a subsequent period, make such a declaration, the Minister is again taken to have refused, under subsection
(1B)
, to make such a declaration.
History
S 6(1D) inserted by No 79 of 1997, s 3 and Sch 1 item 7, effective 1 July 1997. For saving provision, see note under s
6(1A)
.
6(1E)
If:
(a)
a particular production area has been declared to be a limited production area; and
(b)
at any time after the declaration, the volume of excisable crude petroleum oil produced in that area and entered for home consumption exceeds the free volume of that oil in respect of that month, worked out in accordance with subsection
(1G)
;
then:
(c)
the Minister must, by written notice given to the oil producer concerned, revoke the declaration; and
(d)
the producer must give to the Minister, in respect of all excisable crude petroleum oil produced in that area and entered for home consumption after the making of the declaration, the information that, but for the making of the declaration, would have been required in respect of each transaction concerning that oil.
History
S 6(1E) inserted by No 79 of 1997, s 3 and Sch 1 item 7, effective 1 July 1997. For saving provision, see note under s
6(1A)
.
6(1F)
The information required to be given to the Minister under subsection
(1E)
, or particular parts of that information, must be given to the Minister:
(a)
unless the Minister otherwise indicates in the notice revoking the declaration
-
in the form specified for the purpose of subsection
(2)
; and
(b)
within a time or times specified by the Minister in that notice.
History
S 6(1F) inserted by No 79 of 1997, s 3 and Sch 1 item 7, effective 1 July 1997. For saving provision, see note under s
6(1A)
.
6(1G)
For the purposes of this section, the free volume of excisable crude petroleum oil that is entered for home consumption before the end of a month is the maximum volume of such oil that, if entered for home consumption before the end of that month would, under section
6B
,
6C
,
6CA
or
6D
of the
Excise Tariff Act 1921
, be a volume of oil to which no notional duty was applicable.
Note 1:
Subsection
(4)
of section
6B
,
6C
or
6D
of the
Excise Tariff Act 1921
specifies, among other things, the minimum volume of oil to which notional duty becomes applicable. The effect of that subsection is modified by subsection (9) of each of those sections.
Note 2:
Subsection
6CA(5)
of the
Excise Tariff Act 1921
specifies, among other things, the minimum volume of condensate to which notional duty becomes applicable. The effect of that subsection is modified by subsection
6CA(12)
of that Act.
History
S 6(1G) amended by No 108 of 2008, s 3 and Sch 1 items 8
-
10, by inserting
"
, 6CA
"
, substituting
"
Note 1
"
for
"
Note
"
in the note and inserting note 2, effective 18 October 2008. For application and transitional provisions, see note under Pt
IA
heading.
S 6(1G) inserted by No 79 of 1997, s 3 and Sch 1 item 7, effective 1 July 1997. For saving provision, see note under s
6(1A)
.
6(2)
The Minister shall, by legislative instrument, specify:
(a)
the form in which the information is to be given; and
(b)
the times within which the information is, or parts of the information are, to be given;
and the oil producer shall give the information accordingly.
History
S 6(2) amended by No 64 of 2020, s 3 and Sch 3 item 292, by substituting
"
legislative instrument
"
for
"
notice published in the
Gazette
"
, effective 1 October 2020. No 64 of 2020, s 3 and Sch 3 items 325 and 326 contain the following application and transitional provisions:
325 Transitional
-
general provision to preserve existing instruments
(1)
Subitem (2) applies to an instrument (however described) made under, or for the purposes of, a provision amended by an item of this Part if:
(a)
the instrument was in force immediately before the commencement of this Part; and
(b)
the provision, as amended, provides for the same instrument, or a similar instrument, to be made as a notifiable instrument or a legislative instrument; and
(c)
item 326 does not apply to the instrument.
(2)
The instrument continues in force (and may be dealt with) as if it had been made under, or for the purposes of, the provision as amended.
326 Transitional
-
other instruments
(1)
An approval under section 14 of the
Financial Sector (Shareholdings) Act 1998
and in force immediately before the commencement of this Part continues in force (and may be dealt with) as if it were an approval under that section as amended by this Part.
(2)
A notice given under section
130
of the
Income Tax Assessment Act 1936
to a particular person and in force immediately before the commencement of this Part continues in force (and may be dealt with) as if it were a notice under subsection
130(2)
of that Act as amended by this Part.
(3)
A declaration made under the definition of
unit trust
in section
202A
of the
Income Tax Assessment Act 1936
and in force immediately before the commencement of this Part continues in force (and may be dealt with) as if it were a declaration under section
202AB
of that Act as inserted by this Part.
(4)
A decision made under subsection
820-960(4)
of the
Income Tax Assessment Act 1997
and in force immediately before the commencement of this Part continues in force (and may be dealt with) as if it were:
(a)
for a decision that applies to a particular entity
-
an exemption under subsection
820-962(3)
of that Act as inserted by this Part; or
(b)
otherwise
-
an exemption under subsection
820-962(1)
of that Act as inserted by this Part.
(5)
A variation made under section
15-15
in Schedule
1
to the
Taxation Administration Act 1953
and in force immediately before the commencement of this Part continues in force (and may be dealt with) as if it were:
(a)
for a variation made by written notice to a particular entity
-
a variation made by notice under paragraph
15-15(3)(a)
in that Schedule as substituted by this Part; or
(b)
otherwise
-
a variation made by legislative instrument under paragraph
15-15(3)(b)
in that Schedule as substituted by this Part.
(6)
A variation made under subsection
16-153(6)
in Schedule
1
to the
Taxation Administration Act 1953
and in force immediately before the commencement of this Part continues in force (and may be dealt with) as if it were:
(a)
for a variation made by written notice to a particular entity
-
a variation made by notice under paragraph
16-153(7)(a)
in that Schedule as substituted by this Part; or
(b)
otherwise
-
a variation made by legislative instrument under paragraph
16-153(7)(b)
in that Schedule as substituted by this Part.
(7)
An exemption made under section
16-180
in Schedule
1
to the
Taxation Administration Act 1953
and in force immediately before the commencement of this Part continues in force (and may be dealt with) as if it were:
(a)
for an exemption made by written notice to a particular entity
-
an exemption made by notice under paragraph
16-180(2)(a)
in that Schedule as substituted by this Part; or
(b)
otherwise
-
an exemption made by legislative instrument under paragraph
16-180(2)(b)
in that Schedule as substituted by this Part.
(8)
Item 325 does not apply to a direction given under subsection
64(1)
of the
Business Names Registration Act 2011
.
Note:
For a transitional provision for directions given under subsection
64(1)
of the
Business Names Registration Act 2011
, see item 163 of this Schedule.
6(3)
(Repealed by No 137 of 2000)
History
S 6(3) repealed by No 137 of 2000, s 3 and Sch 2 item 314, effective 24 May 2001. For transitional provisions, see note under s
10(6)
. S 6(3) formerly read:
6(3)
A person shall not, in purported compliance with this section, knowingly or recklessly give information that is false or misleading in a material particular.
Penalty:
(a) in the case of a natural person
-
$2,000 or imprisonment for 12 months, or both; or
(b) in the case of a body corporate
-
$10,000.
Penalty:
(a) in the case of a natural person
-
imprisonment for 12 months or 20 penalty units, or both; or
(b) in the case of a body corporate
-
100 penalty units.
History
S 6 amended by No 61 of 2016, s 3 and Sch 1 items 362 and 363, by substituting
"
imprisonment for 12 months or 20 penalty units
"
for
"
$2,000 or imprisonment for 12 months
"
in para (a) of the penalty and
"
100 penalty units
"
for
"
$10,000
"
in para (b) of the penalty, effective 21 October 2016.