Petroleum Resource Rent Tax Assessment Act 1987

SCHEDULE 1 - PROVISIONS RELATING TO INCURRING AND TRANSFER OF EXPLORATION EXPENDITURE ON OR AFTER 1 JULY 1990  

Sections 2 , 35A , 35B , 45A , 45B and 45D

PART 1 - INTERPRETATION  

1  

1   DEFINED TERMS  


In this Schedule:

ABR expenditure year
(Repealed by No 43 of 2019)

augmented bond rate
(Repealed by No 43 of 2019)

exploration right
means an exploration permit or a retention lease.

financial year
means the financial year starting on 1 July 1990 or a later financial year.

finishing day
means:


(a) in relation to a petroleum project - the first day on which there is no longer in force any production licence in relation to the project; or


(b) in relation to an exploration permit or retention lease - the day on which the permit or lease ceases to be in force;

GDP expenditure year
, in relation to a petroleum project, means a financial year that ended before the first standard uplift expenditure year in relation to the project.

incurred exploration expenditure amount
, in relation to a petroleum project that is not a combined project and in relation to a financial year, means the sum of the following:


(a) any amounts of exploration expenditure (other than designated frontier expenditure) actually incurred by the person in the financial year in relation to the project;


(b) any amounts of uplifted frontier expenditure that the person is taken by section 36C to have incurred in the financial year in relation to the project;


(c) any amounts of expenditure that the person is taken by subparagraph 48(1) (a)(ia) or paragraph 48A(5) (c) to have incurred in the financial year in relation to the project.

Note:

The effect of subsections 35A(2) , 35B(2) and 45D(3) must be taken into account when working out an incurred exploration expenditure amount.

incurred exploration expenditure amount
, in relation to a petroleum project that is a combined project and in relation to a financial year, means the sum of the following:


(a) any amounts of:


(i) exploration expenditure (other than designated frontier expenditure) actually incurred by the person; and

(ii) uplifted frontier expenditure that the person is taken by section 36C to have incurred;
in the financial year in relation to the project (not being amounts incurred before the project combination certificate in relation to the project came into force);


(b) any amounts of expenditure that the person is taken by subparagraph 48(1)(a)(ia) or paragraph 48A(5)(c) to have incurred in the financial year in relation to the project;


(c) if the project combination certificate came into force during the financial year:


(i) any amounts of exploration expenditure (other than designated frontier expenditure) actually incurred by the person in the financial year; and

(ii) any amounts of uplifted frontier expenditure that the person is taken by section 36C to have incurred in the financial year; and

(iii) any amounts of exploration expenditure that the person is taken by section 48 or 48A to have incurred in the financial year;
in relation to the pre-combination projects.
Note:

The effect of subsections 35A(2) , 35B(2) and 45D(3) must be taken into account when working out an incurred exploration expenditure amount.

pre-licence area
(Repealed by No 18 of 2012)

relevant pre-commencement day
, in relation to a petroleum project, means:


(a) if the petroleum project is not a combined project - the day occurring 5 years before the earlier of the following:


(i) the day specified in the production licence notice in relation to the project;

(ii) the day the production licence was issued in relation to the project; or


(b) if the petroleum project is a combined project, the Bass Strait project or the North West Shelf project - the day occurring 5 years before the earlier of the following:


(i) the earliest day specified in a production licence notice in relation to a pre-combination project in relation to the project;

(ii) the earliest day a production licence was issued in relation to a pre-combination project in relation to the project; or


(c) if the petroleum project is the Bass Strait project or the North West Shelf project - the day occurring 5 years before the earlier of the following:


(i) the earliest day specified in a production licence notice in relation to the project;

(ii) the earliest day a production licence was issued in relation to the project.

standard uplift expenditure year
, in relation to a petroleum project, means the earlier of the following financial years and each financial year after that financial year:


(a) the financial year in which the relevant pre-commencement day occurred;


(b) the financial year that starts on 1 July 2019.

starting day
means:


(a) in relation to a petroleum project other than a combined project, the Bass Strait project or the North West Shelf project - the day on which the exploration permit to which the production licence comprising the project is related was granted; or


(b) in relation to a combined project - the earliest of the days that, but for the issue of the project combination certificate, would have been starting days in relation to such of the pre-combination projects as were not combined projects; or


(c) in relation to the Bass Strait project - the day on which the Bass Strait exploration permit was granted; or


(ca) in relation to the North West Shelf project - the earlier of the day on which the exploration permit known as WA-1-P was granted and the day on which the exploration permit known as WA-28-P was granted; or


(d) in relation to an exploration right that is an exploration permit - the day on which the exploration permit was granted; or


(e) in relation to an exploration right that is a retention lease - the day on which the exploration permit to which the retention lease is related was granted.




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