Petroleum Resource Rent Tax Assessment Act 1987

S 1A inserted by No 146 of 2001, s 3 and Sch 4 item 102, effective 15 December 2001.

Definition of "Aboriginal person" inserted by No 18 of 2012, s 3 and Sch 3 item 1, effective 1 July 2012.

Definition of "access authority" substituted by No 43 of 2019, s 3 and Sch 2 item 1, effective 1 July 2019. For application, transitional and savings provisions, see note under s 31AA. The definition formerly read:

access authority
means:

(a) a petroleum access authority within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006; or

(b) an authority or right (however described) under another Australian law to carry on, in relation to petroleum, specified operations in a specified area (other than an authority or right that is an exploration permit, retention lease, production licence or infrastructure licence).

Note:

The Resources Minister may determine that an authority or right is, or is not, an authority or right of a kind mentioned in this paragraph: see section 2AA.

Definition of "access authority" substituted by No 18 of 2012, s 3 and Sch 1 item 1, effective 1 July 2012. The definition formerly read:

access authority
means a petroleum access authority within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

Definition of "access authority" amended by No 117 of 2008, s 3 and Sch 3 item 33, by substituting "Offshore Petroleum and Greenhouse Gas Storage Act 2006" for "Offshore Petroleum Act 2006", effective 22 November 2008.

Definition of "access authority" amended by No 117 of 2008, s 3 and Sch 2 item 59, by substituting "means a petroleum access authority within the meaning of" for "has the same meaning as in", effective 22 November 2008.

Definition of "access authority" substituted by No 17 of 2006, s 3 and Sch 2 item 73, effective 1 July 2008. The definition formerly read:

access authority
means an access authority under Part III of the Petroleum (Submerged Lands) Act 1967.

No 17 of 2006, s 3 and Sch 2 item 95 contains the following transitional provision:

95 Transitional - pre-commencement events and circumstances  
95
For the purposes of the application of:

(a) the Petroleum Resource Rent Tax Assessment Act 1987 (the PRRTA Act ); or

(b) an Act with which the PRRTA Act is incorporated;

to events that occurred, and circumstances that arose, before 1 July 2008:

(c) each of the following definitions has effect as if the defined expression included anything that was covered by the definition as in force before 1 July 2008:

(i) the definition of access authority ;

(ii) the definition of block ;

(iii) the definition of certifying Minister ;

(iv) the definition of designated frontier expenditure ;

(v) the definition of excluded fee ;

(vi) the definition of exploration permit ;

(vii) the definition of exploration permit area ;

(viii) the definition of holder of a registered interest ;

(ix) the definition of petroleum ;

(x) the definition of pipeline licence ;

(xi) the definition of production licence ;

(xii) the definition of production licence area ;

(xiii) the definition of registered holder ;

(xiv) the definition of retention lease ;

(xv) the definition of retention lease area ;
…

…

Definition of "accounts" inserted by No 47 of 2009, s 3 and Sch 3 item 1, applicable in relation to instalments and assessments of tax under the Petroleum Resource Rent Tax Assessment Act 1987 for years of tax that start on or after 1 July 2009.

Definition of "acquisition" substituted by No 43 of 2019, s 3 and Sch 2 item 2, effective 1 July 2019. For application, transitional and savings provisions, see note under s 31AA. The definition formerly read:

acquisition
:

(a) in clauses 18 and 19 of Schedule 2 - has the meaning given by subclauses 18(7) and (8) of that Schedule; and

(b) otherwise - has the meaning given by section 195-1 of the GST Act.

Definition of "acquisition" substituted by No 88 of 2013, s 3 and Sch 7 item 77, effective 1 July 2012. The definition formerly read:

acquisition
has the meaning given by section 195-1 of the GST Act.

Definition of "acquisition" inserted by No 177 of 1999.

Definition of "annual transfer" inserted by No 78 of 2006, s 3 and Sch 1 item 1, applicable only in relation to instalment transfers under the Petroleum Resource Rent Tax Assessment Act 1987 for financial years that start on or after 1 July 2006.

Definition of "applicable commencement date" amended by No 43 of 2019, s 3 and Sch 2 item 3, by substituting para (c), effective 1 July 2019. For application, transitional and savings provisions, see note under s 31AA. Para (c) formerly read:

(c) if the project is an onshore petroleum project or the North West Shelf project, or if an onshore petroleum project is a pre-combination project in relation to the project - 1 July 2012.

Definition of "applicable commencement date" amended by No 18 of 2012, s 3 and Sch 1 items 2 and 3, by inserting "or (c)" in para (a) and inserting para (c) at the end, effective 1 July 2012.

Definition of "applicable foreign currency" inserted by No 47 of 2009, s 3 and Sch 3 item 2, applicable in relation to instalments and assessments of tax under the Petroleum Resource Rent Tax Assessment Act 1987 for years of tax that start on or after 1 July 2009.

Definition of "apportionment percentage figure" substituted by No 37 of 2024, s 3 and Sch 5 item 1, effective 1 July 2024. For application provisions, see note under s 22(3). The definition formerly read:

apportionment percentage figure
has the meaning given by subsection 2C(2).

Definition of "apportionment percentage figure" inserted by No 47 of 2004, s 3 and Sch 2 item 1, effective 7 February 2007.

Definition of "approved form" inserted by No 41 of 2005, s 3 andSch 10 item 225, effective 1 April 2005. Act No 41 of 2005, s 3 and Sch 10 item 230 contains the following transitional provision:

Definition of "assessment" amended by No 43 of 2019, s 3 and Sch 2 item 4, by repealing the note, effective 1 July 2019. For application, transitional and savings provisions, see note under s 31AA. The note formerly read:

Note:

Under clause 23 of Schedule 2, assessments may also be made for starting base purposes.

Definition of "assessment" substituted by No 2 of 2015, s 3 and Sch 2 item 88, effective 25 February 2015. For saving provisions, see note under Part IX heading. The definition formerly read:

assessment
means:

(a) the ascertainment of the amount of a person's taxable profit (or that a person has no taxable profit) in relation to a year of tax and a petroleum project, and of the tax payable on that amount (or that no tax is payable); or

(b) the ascertainment of the additional tax payable under a provision of Part IX.

Note:

Under clause 23 of Schedule 2, assessments may also be made for starting base purposes.

Definition of "assessment" amended by No 18 of 2012, s 3 and Sch 4 item 1, by inserting the note at the end, effective 1 July 2012.

Definition of "assessment" amended by No 78 of 2006, s 3 and Sch 4 item 1, by substituting para (a), applicable only in relation to returns and assessments of tax, and instalments of tax, under the Petroleum Resource Rent Tax Assessment Act 1987 for financial years that start on or after 1 July 2006. Para (a) formerly read:

(a) the ascertainment of the amount of the taxable profit of a person of a year of tax in relation to a petroleum project and of the tax payable on that amount; or

Definition of "Australia" substituted by No 2 of 2015, s 3 and Sch 4 item 70, applicable to an income year, a year of income or a tax period that commences on or after 1 July 2015. The definition formerly read:

Australia
, when used in a geographical sense, includes the external Territories.

Definition of "Australian law" inserted by No 18 of 2012, s 3 and Sch 3 item 2, effective 1 July 2012.

Definition of "basic company group" inserted by No 47 of 2009, s 3 and Sch 3 item 3, applicable in relation to instalments and assessments of tax under the Petroleum Resource Rent Tax Assessment Act 1987 for years of tax that start on or after 1 July 2009.

Definition of "block" substituted by No 43 of 2019, s 3 and Sch 2 item 5, effective 1 July 2019. For application, transitional and savings provisions, see note under s 31AA. The definition formerly read:

block
means:

(a) in relation to an offshore area - a block within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006; or

(b) in relation to an onshore area - an area (however described) referred to in another Australian law relating to exploration for, or recovery of, petroleum.

Definition of "block" substituted by No 18 of 2012, s 3 and Sch 1 item 4, effective 1 July 2012. The definition formerly read:

block
has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

Definition of "block" amended by No 117 of 2008, s 3 and Sch 3 item 34, by substituting "Offshore Petroleum and Greenhouse Gas Storage Act 2006" for "Offshore Petroleum Act 2006", effective 22 November 2008.

Definition of "block" amended by No 17 of 2006, s 3 and Sch 2 item 74, by substituting "Offshore Petroleum Act 2006" for "Petroleum (Submerged Lands) Act 1967", effective 1 July 2008. For transitional provision, see note under definition of "access authority".

Definition of "certifying Minister" repealed by No 88 of 2009, s 3 and Sch 5 item 209, effective 18 September 2009. The definition formerly read:

certifying Minister
means the Minister for the time being administering the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

Definition of "certifying Minister" amended by No 117 of 2008, s 3 and Sch 3 item 35, by substituting "Offshore Petroleum and Greenhouse Gas Storage Act 2006" for "Offshore Petroleum Act 2006", effective 22 November 2008.

Definition of "certifying Minister" amended by No 17 of 2006, s 3 and Sch 2 item 75, by substituting "Offshore Petroleum Act 2006" for "Petroleum (Submerged Lands) Act 1967", effective 1 July 2008. For transitional provision, see note under definition of "access authority".

Definition of "consolidated group" repealed by No 43 of 2019, s 3 and Sch 2 item 6(a), effective 1 July 2019. For application, transitional and savings provisions, see note under s 31AA. The definition formerly read:

consolidated group
has the meaning given by subsection 995-1(1) of the Income Tax Assessment Act 1997.

Definition of "consolidated group" inserted by No 18 of 2012, s 3 and Sch 5 item 6, effective 1 July 2012.

Definition of "created" repealed by No 43 of 2019, s 3 and Sch 2 item 6(b), effective 1 July 2019. For application, transitional and savings provisions, see note under s 31AA. The definition formerly read:

created
, in relation to a consolidated group or a MEC group, has the meaning given by subsection 995-1(1) of the Income Tax Assessment Act 1997.

Definition of "created" substituted by No 88 of 2013, s 3 and Sch 7 item 78, effective 1 July 2012. The definition formerly read:

created
:

(a) in relation to a consolidated group - has the meaning given by section 703-15 of the Income Tax Assessment Act 1997; and

(b) in relation to a MEC group - has the meaning given by section 719-25 of that Act.

Definition of "created" inserted by No 18 of 2012, s 3 and Sch 5 item 7, effective 1 July 2012.

Definition of "creditable purpose" inserted by No 177 of 1999.

Definition of "current apportionment percentage" inserted by No 47 of 2004, s 3 and Sch 2 item 2, effective 7 February 2007.

Definition of "decreasing adjustment" inserted by No 177 of 1999.

Definition of "designated company group" inserted by No 47 of 2009, s 3 and Sch 3 item 4, applicable in relation to instalments and assessments of tax under the Petroleum Resource Rent Tax Assessment Act 1987 for years of tax that start on or after 1 July 2009.

Definition of "designated frontier area" inserted by No 41 of 2005, s 3 and Sch 5 item 1, applicable in respect of any exploration expenditure incurred (whether before or after 1 April 2005) where the eligible exploration or recovery area is a designated frontier area.

Definition of "designated frontier expenditure" amended by No 117 of 2008, s 3 and Sch 3 item 36, by substituting "Offshore Petroleum and Greenhouse Gas Storage Act 2006" for "Offshore Petroleum Act 2006", effective 22 November 2008.

Definition of "designated frontier expenditure" amended by No 17 of 2006, s 3 and Sch 2 item 76, by substituting "Offshore Petroleum Act 2006" for "Petroleum (Submerged Lands) Act 1967", effective 1 July 2008. For transitional provision, see note under definition of "access authority".

Definition of "designated frontier expenditure" inserted by No 41 of 2005, s 3 and Sch 5 item 2, applicable in respect of any exploration expenditure incurred (whether before or after 1 April 2005) where the eligible exploration or recovery area is a designated frontier area.

Definition of "eligible production licence" repealed by No 18 of 2012, s 3 and Sch 1 item 5, effective 1 July 2012. The definition formerly read:

eligible production licence
means a production licence other than a production licence that is related to one of the North West Shelf exploration permits.

Definition of "eligible real expenditure" amended by No 43 of 2019, s 3 and Sch 2 item 7, by omitting "acquired exploration expenditure," after "resource tax expenditure,", effective 1 July 2019. For application, transitional and savings provisions, see note under s 31AA.

Definition of "eligible real expenditure" amended by No 18 of 2012, s 3 and Sch 3 item 3 and Sch 4 item 2, by inserting ", resource tax expenditure" and ", acquired exploration expenditure, starting base expenditure", effective 1 July 2012.

Definition of "excess closing-down expenditure" inserted by No 47 of 2009, s 3 and Sch 3 item 5, applicable in relation to instalments and assessments of tax under the Petroleum Resource Rent Tax Assessment Act 1987 for years of tax that start on or after 1 July 2009.

Definition of "excluded fee" substituted by No 43 of 2019, s 3 and Sch 2 item 8, effective 1 July 2019. For application, transitional and savings provisions, see note under s 31AA. The definition formerly read:

excluded fee
means:

(a) an amount of a kind referred to in paragraph 113(1)(c), subsection 115(5), paragraph 118(1)(c), subsection 178(4) or paragraph 181(1)(c) of the Offshore Petroleum and Greenhouse Gas Storage Act 2006; or

(b) a similar amount payable, under another Australian law, in relation to the grant of an exploration permit, retention lease or production licence.

Definition of "excluded fee" substituted by No 18 of 2012, s 3 and Sch 1 item 6, effective 1 July 2012. The definition formerly read:

excluded fee
means an amount of a kind referred to in paragraph 94(1)(c), subsection 96(5), paragraph 99(1)(c), subsection 154(4) or paragraph 157(1)(c) of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

Definition of "excluded fee" amended by No 117 of 2008, s 3 and Sch 3 item 37, by substituting "Offshore Petroleum and Greenhouse Gas Storage Act 2006" for "Offshore Petroleum Act 2006", effective 22 November 2008.

Definition of "excluded fee" substituted by No 17 of 2006, s 3 and Sch 2 item 77, effective 1 July 2008. For transitional provision, see note under definition of "access authority". The definition formerly read:

excluded fee
means an amount of a kind referred to in paragraph 22B(5)(b), 24(1)(b), 26(1)(b), 48(1)(b) or 50(b) of the Petroleum (Submerged Lands) Act 1967.

Definition of "exploration permit" substituted by No 43 of 2019, s 3 and Sch 2 item 9, effective 1 July 2019. For application, transitional and savings provisions, see note under s 31AA. The definition formerly read:

exploration permit
means:

(a) a petroleum exploration permit within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006; or

(b) an authority or right (however described) under another Australian law:

(i) to explore for petroleum in an area; or

(ii) to recover petroleum on an appraisal basis in that area; or

(iii) to carry on such operations, and execute such works, in the area as are necessary for those purposes;

that is not an authority or right to recover petroleum other than on an appraisal basis.

Note:

An authority or right may not be covered by this paragraph because it is the subject of a determination of the Resources Minister under section 2AA, or because the activities relating to petroleum are only incidental to the activities relating to other resources (see section 2AC).

Definition of "exploration permit" amended by No 96 of 2014, s 3 and Sch 1 item 47, by substituting the note at the end of paragraph (b), effective 30 September 2014. For transitional provisions, see note under s 2AB. The note formerly read:

Note:

The Resources Minister may determine that an authority or right is, or is not, an authority or right of a kind mentioned in this paragraph: see section 2AA.

Definition of "exploration permit" substituted by No 18 of 2012, s 3 and Sch 1 item 7, effective 1 July 2012. The definition formerly read:

exploration permit
means a petroleum exploration permit within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

Definition of "exploration permit" amended by No 117 of 2008, s 3 and Sch 3 item 38, by substituting "Offshore Petroleum and Greenhouse Gas Storage Act 2006" for "Offshore Petroleum Act 2006", effective 22 November 2008.

Definition of "exploration permit" amended by No 117 of 2008, s 3 and Sch 2 item 60, by substituting "means a petroleum exploration permit within the meaning of" for "has the same meaning as in", effective 22 November 2008.

Definition of "exploration permit" substituted by No 17 of 2006, s 3 and Sch 2 item 78, effective 1 July 2008. For transitional provision, see note under definition of "access authority". The definition formerly read:

exploration permit
means an exploration permit for petroleum under Part III of the Petroleum (Submerged Lands) Act 1967.

Definition of "exploration permit area" substituted by No 43 of 2019, s 3 and Sch 2 item 10, effective 1 July 2019. For application, transitional and savings provisions, see note under s 31AA. The definition formerly read:

exploration permit area
means:

(a) a petroleum exploration permit area within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006; or

(b) the area covered by an authorityor right mentioned in paragraph (b) of the definition of exploration permit .

Definition of "exploration permit area" substituted by No 18 of 2012, s 3 and Sch 1 item 8, effective 1 July 2012. The definition formerly read:

exploration permit area
means a petroleum exploration permit area within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

Definition of "exploration permit area" amended by No 117 of 2008, s 3 and Sch 3 item 39, by substituting "Offshore Petroleum and Greenhouse Gas Storage Act 2006" for "Offshore Petroleum Act 2006", effective 22 November 2008.

Definition of "exploration permit area" amended by No 117 of 2008, s 3 and Sch 2 item 61, by substituting "means a petroleum exploration permit area within the meaning of" for "has the same meaning as in", effective 22 November 2008.

Definition of "exploration permit area" substituted by No 17 of 2006, s 3 and Sch 2 item 79, effective 1 July 2008. For transitional provision, see note under definition of "access authority". The definition formerly read:

exploration permit area
means a permit area within the meaning of the Petroleum (Submerged Lands) Act 1967.

Definition of "external petroleum" inserted by No 101 of 2003, s 3 and Sch 5 item 1, effective 14 October 2003.

Definition of "foreign currency" inserted by No 47 of 2009, s 3 and Sch 3 item 6, applicable in relation to instalments and assessments of tax under the Petroleum Resource Rent Tax Assessment Act 1987 for years of tax that start on or after 1 July 2009.

Definition of "future closing-down expenditure" inserted by No 78 of 2006, s 3 and Sch 3 item 1, applicable only in relation to assessments of tax under the Petroleum Resource Rent Tax Assessment Act 1987 for financial years that start on or after 1 July 2006.

Definition of "general interest charge" amended by No 101 of 2006, s 3 and Sch 2 item 1041, by amending references to repealed inoperative provisions, effective 14 September 2006. For application and saving provisions see the CCH Australian Income Tax Legislation archive.

Definition of "Greater Sunrise project" inserted by No 47 of 2004, s 3 and Sch 2 item 3, effective 7 February 2007.

Definition of "Greater Sunrise unit area" amended by No 117 of 2008, s 3 and Sch 3 item 39A, by substituting "Offshore Petroleum and Greenhouse Gas Storage Act 2006" for "Offshore Petroleum Act 2006", effective 22 November 2008.

Definition of "Greater Sunrise unit area" amended by No 49 of 2007, s 3 and Sch 1 item 88, by substituting "Offshore Petroleum Act 2006" for "Petroleum (Submerged Lands) Act 1967", effective 1 July 2008.

Definition of "Greater Sunrise unit area" inserted by No 47 of 2004, s 3 and Sch 2 item 4, effective 7 February 2007.

Definition of "Greater Sunrise unit reservoirs" amended by No 117 of 2008, s 3 and Sch 3 item 39B, by substituting "Offshore Petroleum and Greenhouse Gas Storage Act 2006" for "Offshore Petroleum Act 2006", effective 22 November 2008.

Definition of "Greater Sunrise unit reservoirs" amended by No 49 of 2007, s 3 and Sch 1 item 89, by substituting "Offshore Petroleum Act 2006" for "Petroleum (Submerged Lands) Act 1967", effective 1 July 2008.

Definition of "Greater Sunrise unit reservoirs" inserted by No 47 of 2004, s 3 and Sch 2 item 5, effective 7 February 2007.

Definition of "group company" inserted by No 47 of 2009, s 3 and Sch 3 item 7, applicable in relation to instalments and assessments of tax under the Petroleum Resource Rent Tax Assessment Act 1987 for years of tax that start on or after 1 July 2009.

Definition of "GST" inserted by No 177 of 1999.

Definition of "GST Act" inserted by No 177 of 1999.

Definition of "head company" substituted by No 43 of 2019, s 3 and Sch 2 item 11, effective 1 July 2019. For application, transitional and savings provisions, see note under s 31AA. The definition formerly read:

head company
:

(a) of a designated company group - has the meaning given by section 2BA; and

(b) of a consolidated group or a MEC group - has the meaning given by subsection 995-1(1) of the Income Tax Assessment Act 1997.

Definition of "head company" substituted by No 18 of 2012, s 3 and Sch 5 item 8, effective 1 July 2012. The definition formerly read:

head company
of a designated company group has the meaning given by section 2BA.

Definition of "head company" inserted by No 47 of 2009, s 3 and Sch 3 item 8, applicablein relation to instalments and assessments of tax under the Petroleum Resource Rent Tax Assessment Act 1987 for years of tax that start on or after 1 July 2009.

Definition of "holder of a registered interest" substituted by No 43 of 2019, s 3 and Sch 2 item 12, effective 1 July 2019. For application, transitional and savings provisions, see note under s 31AA. The definition formerly read:

holder of a registered interest
, in relation to a production licence, means a person holding an interest in the production licence, being an interest created by a dealing in relation to which:

(a) an entry has been made under subsection 494(3) of the Offshore Petroleum and Greenhouse Gas Storage Act 2006; or

(b) an entry has been made in a register mentioned in paragraph (b) of the definition of registered holder .

Definition of "holder of a registered interest" substituted by No 18 of 2012, s 3 and Sch 1 item 9, effective 1 July 2012. The definition formerly read:

holder of a registered interest
, in relation to a production licence, means a person holding an interest in the production licence, being an interest created by a dealing in relation to which an entry has been made under subsection 271(3) of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

Definition of "holder of a registered interest" amended by No 117 of 2008, s 3 and Sch 3 item 40, by substituting "Offshore Petroleum and Greenhouse Gas Storage Act 2006" for "Offshore Petroleum Act 2006", effective 22 November 2008.

Definition of "holder of a registered interest" amended by No 17 of 2006, s 3 and Sch 2 item 80, by substituting "subsection 276(3) of the Offshore Petroleum Act 2006" for "subsection 81(12) of the Petroleum (Submerged Lands) Act 1967", effective 1 July 2008. For transitional provision, see note under definition of "access authority".

Definition of "increasing adjustment" inserted by No 177 of 1999.

Definition of "infrastructure licence" substituted by No 43 of 2019, s 3 and Sch 2 item 13, effective 1 July 2019. For application, transitional and savings provisions, see note under s 31AA. The definition formerly read:

infrastructure licence
means:

(a) an infrastructure licence within the meaning of section 7 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006; or

(b) an authority or right (however described) under another Australian law to construct and operate facilities in a specified area for engaging in any of the following activities (other than an authority or right that is an exploration permit, retention lease, production licence or pipeline licence):

(i) remote control of facilities, structures or installations used to recover petroleum in a production licence area;

(ii) processing petroleum recovered in any place, including converting petroleum into another form by physical or chemical means, or both, and partial processing of petroleum;

(iii) storing petroleum before it is transported to another place;

(iv) preparing petroleum for transport to another place (for example, pumping or compressing);

(v) activities related to any of the above.

Note:

The Resources Minister may determine that an authority or right is, or is not, an authority or right of a kind mentioned in this paragraph: see section 2AA.

Definition of "infrastructure licence" substituted by No 18 of 2012, s 3 and Sch 1 item 10, effective 1 July 2012. The definition formerly read:

infrastructure licence
has the meaning given by section 7 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

Definition of "infrastructure licence" amended by No 102 of 2009, s 3 and Sch 1 item 68, by substituting "section 7" for "section 6", effective 9 October 2009.

Definition of "infrastructure licence" amended by No 117 of 2008, s 3 and Sch 3 item 41, by substituting "Offshore Petroleum and Greenouse Gas Storage Act 2006" for "Offshore Petroleum Act 2006", effective 22 November 2008.

Definition of "infrastructure licence" substituted by No 78 of 2006, s 3 and Sch 3 item 3, effective 1 July 2006. The definition formerly read:

infrastructure licence
means an infrastructure licence under Part III of the Petroleum (Submerged Lands) Act 1967.

Definition of "infrastructure licence" inserted by No 78 of 2006, s 3 and Sch 3 item 2, applicable only in relation to assessments of tax under the Petroleum Resource Rent Tax Assessment Act 1987 for financial years that start on or after 1 July 2006.

Definition of "input tax credit" inserted by No 177 of 1999.

Definition of "instalment transfer" inserted by No 78 of 2006, s 3 and Sch 1 item 2, applicable only in relation to instalment transfers under the Petroleum Resource Rent Tax Assessment Act 1987 for financial years that start on or after 1 July 2006.

Definition of "instalment transfer charge period" inserted by No 78 of 2006, s 3 and Sch 1 item 3, applicable only in relation to instalment transfers under the Petroleum Resource Rent Tax Assessment Act 1987 for financial years that start on or after 1 July 2006.

Definition of "instalment transfer excess" inserted by No 78 of 2006, s 3 and Sch 1 item 4, applicable only in relation to instalment transfers under the Petroleum Resource Rent Tax Assessment Act 1987 for financial years that start on or after 1 July 2006.

Definition of "instalment transfer interest charge" inserted by No 78 of 2006, s 3 and Sch 1 item 5, applicable only in relation to instalment transfers under the Petroleum Resource Rent Tax Assessment Act 1987 for financial years that start on or after 1 July 2006.

Definition of "internal petroleum" inserted by No 47 of 2009, s 3 and Sch 3 item 26, applicable in relation to instalments and assessments of tax under the Petroleum Resource Rent Tax Assessment Act 1987 for years of tax that start on or after 1 July 2008.

Definition of "liable person" inserted by No 78 of 2006, s 3 and Sch 1 item 6, applicable only in relation to instalment transfers under the Petroleum Resource Rent Tax Assessment Act 1987 for financial years that start on or after 1 July 2006.

Definition of "licensed property" inserted by No 78 of 2006, s 3 and Sch 3 item 4, applicable only in relation to assessments of tax under the Petroleum Resource Rent Tax Assessment Act 1987 for financial years that start on or after 1 July 2006.

Definition of "long-term bond rate" amended by No 18 of 2012, s 3 and Sch 4 items 18 to 20, by inserting "and" at the end of paras (a) to (f), inserting "that is earlier than the financial year commencing on 1 July 2012" after "subsequent financial year" in para (h), and inserting paras (i) and (j), effective 1 July 2012.

Definition of "marketable petroleum commodity" substituted by No 136 of 2011, s 3 and Sch 2 item 1, applicable in relation to the year of tax commencing on 1 July 1990 and each later year of tax. The definition formerly read:

marketable petroleum commodity
means any of the following products produced from petroleum:

(a) stabilised crude oil;

(b) sales gas;

(c) condensate;

(d) liquefied petroleum gas;

(e) ethane;

(f) any other product declared by the regulations to be a marketable petroleum commodity;

not being a product produced from another product of a kind referred to in paragraphs (a) to (f) (inclusive).

Definition of "market value" inserted by No 177 of 1999.

Definition of "MEC group" repealed by No 43 of 2019, s 3 and Sch 2 item 14(a), effective 1 July 2019. For application, transitional and savings provisions, see note under s 31AA. The definition formerly read:

MEC group
has the meaning given by subsection 995-1(1) of the Income Tax Assessment Act 1997.

Definition of "MEC group" inserted by No 18 of 2012, s 3 and Sch 5 item 9, effective 1 July 2012.

Definition of "member" repealed by No 43 of 2019, s 3 and Sch 2 item 14(b), effective 1 July 2019. For application, transitional and savings provisions, see note under s 31AA. The definition formerly read:

member
:

(a) in relation to a consolidated group - has the meaning given by section 703-15 of the Income Tax Assessment Act 1997; and

(b) in relation to a MEC group - has the meaning given by section 719-25 of that Act.

Definition of "member" inserted by No 18 of 2012, s 3 and Sch 5 item 10, effective 1 July 2012.

Definition of "North West Shelf project" inserted by No 18 of 2012, s 3 and Sch 1 item 12, effective 1 July 2012.

Definition of "notional tax amount" inserted by No 88 of 2013, s 3 and Sch 7 item 79, effective 1 July 2012.

Definition of "officer" substituted by Act No 146 of 1999. The definition formerly read:

officer
means an officer or employee of the Australian Public Service.

Definition of "oil shale" inserted by No 18 of 2012, s 3 and Sch 1 item 13, effective 1 July 2012.

Definition of "onshore area" repealed by No 43 of 2019, s 3 and Sch 2 item 14(c), effective 1 July 2019. For application, transitional and savings provisions, see note under s 31AA. The definition formerly read:

onshore area
, in relation to a State or Territory, means the area of the State or Territory that is not part of that State's or Territory's offshore area within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 and is not within the Joint Petroleum Development Area within the meaning of that Act.

Definition of "onshore area" inserted by No 18 of 2012, s 3 and Sch 1 item 14, effective 1 July 2012.

Definition of "onshore petroleum project" repealed by No 43 of 2019, s 3 and Sch 2 item 14(d), effective 1 July 2019. For application, transitional and savings provisions, see note under s 31AA. The definition formerly read:

onshore petroleum project
means a petroleum project for which:

(a) no part of the production licence area is a petroleum production licence area within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006; and

(b) no part ofthe production licence area is an area within the Joint Petroleum Development Area within the meaning of that Act.

Definition of "onshore petroleum project" inserted by No 18 of 2012, s 3 and Sch 1 item 15, effective 1 July 2012.

Definition of "overall company group" inserted by No 47 of 2009, s 3 and Sch 3 item 9, applicable in relation to instalments and assessments of tax under the Petroleum Resource Rent Tax Assessment Act 1987 for years of tax that start on or after 1 July 2009.

Definition of "petroleum" amended by No 96 of 2014, s 3 and Sch 1 item 48, by omitting "However, petroleum does not include a taxable resource within the meaning of the Minerals Resource Rent Tax Act 2012." after para (b), effective 30 September 2014. For transitional provisions see note under s 2AB.

Definition of "petroleum" substituted by No 18 of 2012, s 3 and Sch 1 item 16, effective 1 July 2012. The definition formerly read:

petroleum
has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

Definition of "petroleum" amended by No 117 of 2008, s 3 and Sch 3 item 42, by substituting "Offshore Petroleum and Greenhouse Gas Storage Act 2006" for "Offshore Petroleum Act 2006", effective 22 November 2008.

Definition of "petroleum" amended by No 17 of 2006, s 3 and Sch 2 item 81, by substituting "Offshore Petroleum Act 2006" for "Petroleum (Submerged Lands) Act 1967", effective 1 July 2008. For transitional provision, see note under definition of "access authority".

Definition of "petroleum project or project" amended by No 47 of 2009, s 3 and Sch 3 item 27, by inserting "or (2C)" at the end, applicable in relation to instalments and assessments of tax under the Petroleum Resource Rent Tax Assessment Act 1987 for years of tax that start on or after 1 July 2008.

Definition of "petroleum project" amended by No 101 of 2003, s 3 and Sch 5 item 4, by inserting ", and includes the extended meaning given by subsection 19(2B)" at the end, effective 14 October 2003.

Definition of "pipeline licence" substituted by No 43 of 2019, s 3 and Sch 2 item 15, effective 1 July 2019. For application, transitional and savings provisions, see note under s 31AA. The definition formerly read:

pipeline licence
means:

(a) a pipeline licence within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006; or

(b) an authority or right (however described) under another Australian law:

(i) to construct a pipeline in a specified area in accordance with any specified conditions; and

(ii) to construct in that area specified pumping stations, tank stations and valve stations at specified positions; and

(iii) to operate that pipeline and those pumping stations, tank stations and valve stations; and

(iv) to carry on such operations, to execute such works and to do all such other things in that area as are necessary for, or incidental to, the construction or operation of that pipeline and those pumping stations, tank stations and valve stations.

Note:

The Resources Minister may determine that an authority or right is, or is not, an authority or right of a kind mentioned in this paragraph: see section 2AA.

Definition of "pipeline licence" substituted by No 18 of 2012, s 3 and Sch 1 item 17, effective 1 July 2012. The definition formerly read:

pipeline licence
has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

Definition of "pipeline licence" amended by No 117 of 2008, s 3 and Sch 3 item 43, by substituting "Offshore Petroleum and Greenhouse Gas Storage Act 2006" for "Offshore Petroleum Act 2006", effective 22 November 2008.

Definition of "pipeline licence" substituted by No 17 of 2006, s 3 and Sch 2 item 82, effective 1 July 2008. For transitional provision, see note under definition of "access authority". The definition formerly read:

pipeline licence
means a licence under Part III of the Petroleum (Submerged Lands) Act 1967 to construct and operate a pipeline.

Definition of "post-30 June 2008 petroleum project" amended by No 43 of 2019, s 3 and Sch 2 item 16, by omitting "an onshore petroleum project and" after "and includes", effective 1 July 2019. For application, transitional and savings provisions, see note under s 31AA.

Definition of "post-30 June 2008 petroleum project" amended by No 18 of 2012, s 3 and Sch 4 item 21, by inserting ", and includes an onshore petroleum project and the North-West shelf project" at the end, effective 1 July 2012.

Definition of "post-30 June 2008 petroleum project" inserted by No 47 of 2009, s 3 and Sch 3 item 21, effective 1 July 2008.

Definition of "pre-1 July 2008 petroleum project" inserted by No 47 of 2009, s 3 and Sch 3 item 22, effective 1 July 2008.

Definition of "pre-combination project" amended by No 18 of 2012, s 3 and Sch 1 item 18, by omitting "eligible" before "production licences" in para (a), effective 1 July 2012.

Definition of "pre-licence area" inserted by No 18 of 2012, s 3 and Sch 4 item 22, effective 1 July 2012.

Definition of "processing of external petroleum" inserted by No 101 of 2003, s 3 and Sch 5 item 5, effective 14 October 2003.

Definition of "processing of internal petroleum" inserted by No 47 of 2009, s 3 and Sch 3 item 28, applicable in relation to instalments and assessments of tax under the Petroleum Resource Rent Tax Assessment Act 1987 for years of tax that start on or after 1 July 2008.

Definition of "production licence" amended by No 43 of 2019, s 3 and Sch 2 items 17-19, by substituting "reservoirs." for "reservoirs; or" in para (b) and repealing para (c) and the note, effective 1 July 2019. For application, transitional and savings provisions, see note under s 31AA. Para (c) formerly read:

(c) an authority or right (however described) under another Australian law to undertake activities for the recovery of petroleum from an area (other than an authority or right that is an exploration permit or a retention lease).

Note:

An authority or right may not be covered by this paragraph because it is the subject of a determination of the Resources Minister under section 2AA, or because it is limited to the incidental recovery of coal seam gas (see section 2AB).

Definition of "production licence" amended by No 96 of 2014, s 3 and Sch 1 item 49, by substituting the note at the end of para (c), effective 30 September 2014. For transitional provisions see note under s 2AB. The note formerly read:

Note:

The Resources Minister may determine that an authority or right is, or is not, an authority or right of a kind mentioned in this paragraph: see section 2AA.

Definition of "production licence" amended by No 18 of 2012, s 3 and Sch 1 item 19, by inserting para (c) and the note at the end, effective 1 July 2012.

Definition of "production licence" amended by No 117 of 2008, s 3 and Sch 3 item 44, by substituting "Offshore Petroleum and Greenhouse Gas Storage Act 2006" for "Offshore Petroleum Act 2006", effective 22 November 2008.

Definition of "production licence" amended by No 117 of 2008, s 3 and Sch 2 item 62, by inserting "petroleum" before "production" in para (a), effective 22 November 2008.

Definition of "production licence" substituted by No 49 of 2007, s 3 and Sch 1 item 90, effective 1 July 2008 . The definition formerly read:

production licence
has the same meaning as in the Offshore Petroleum Act 2006.

Definition of "production licence" substituted by No 17 of 2006, s 3 and Sch 2 item 83, effective 1 July 2008. For transitional provision, see note under definition of "access authority". The definition formerly read:

production licence
means:

(a) a production licence for petroleum under Part III of the Petroleum (Submerged Lands) Act 1967; or

(b) a lawful authority or right (however described) to undertake activities in the Western Greater Sunrise area for the recovery of petroleum from one or more of the Greater Sunrise unit reservoirs.

Definition of "production licence" substituted by No 47 of 2004, s 3 and Sch 2 item 6, effective 7 February 2007. The definition formerly read:

production licence
means a production licence for petroleum under Part III of the Petroleum (Submerged Lands) Act 1967.

Definition of "production licence area" substituted by No 43 of 2019, s 3 and Sch 2 item 20, effective 1 July 2019. For application, transitional and savings provisions, see note under s 31AA. The definition formerly read:

production licence area
means the following:

(a) a petroleum production licence area within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006;

(b) the area covered by an authority or right mentioned in paragraph (c) of the definition of production licence ;

and, in relation to the Greater Sunrise project, includes the Western Greater Sunrise area.

Definition of "production licence area" substituted by No 18 of 2012, s 3 and Sch 1 item 20, effective 1 July 2012. The definition formerly read:

production licence area
means a petroleum production licence area within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 and, in relation to a Greater Sunrise project, includes the Western Greater Sunrise area.

Definition of "production licence area" amended by No 117 of 2008, s 3 and Sch 3 item 45, by substituting "Offshore Petroleum and Greenhouse Gas Storage Act 2006" for "Offshore Petroleum Act 2006", effective 22 November 2008.

Definition of "production licence area" amended by No 117 of 2008, s 3 and Sch 2 item 63, by inserting "petroleum" after "means a", effective 22 November 2008.

Definition of "production licence area" substituted by No 49 of 2007, s 3 and Sch 1 item 91, effective 1 July 2008. The definition formerly read:

production licence area
has the same meaning as in the Offshore Petroleum Act 2006.

Definition of "production licence area" substituted by No 17 of 2006, s 3 and Sch 2 item 84, effective 1 July 2008. For transitional provision, see note under definition of "access authority". The definition formerly read:

production licence area
means a licence area within the meaning of the Petroleum (Submerged Lands) Act 1967 and, in relation to a Greater Sunrise project, includes the Western Greater Sunrise area .

Definition of "production licence area" substituted by No 47 of 2004, s 3 and Sch 2 item 7, effective 7 February 2007. The definition formerly read:

production licence area
means a licence area within the meaning of the Petroleum (Submerged Lands) Act 1967.

Definition of "production licence notice" substituted by No 43 of 2019, s 3 and Sch 2 item 21, effective 1 July 2019. For application, transitional and savings provisions, see note under s 31AA. The definition formerly read:

production licence notice
, in relation to a petroleum project, means:

(a) a notice issued under subsection 258(7) of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 in relation to the project; or

(b) a notice issued by a State or Territory authority that specifies the day that sufficient information has been provided to determine the application for the production licence in relation to the project.

Definition of "production licence notice" inserted by No 18 of 2012, s 3 and Sch 3 item 4, effective 1 July 2012.

Definition of "provisional head company" repealed by No 43 of 2019, s 3 and Sch 2 item 22, effective 1 July 2019. For application, transitional and savings provisions, see note under s 31AA. The definition formerly read:

provisional head company
of a MEC group has the meaning given by subsection 995-1(1) of the Income Tax Assessment Act 1997.

Definition of "provisional head company" inserted by No 18 of 2012, s 3 and Sch 5 item 11, effective 1 July 2012.

Definition of "registered holder" substituted by No 43 of 2019, s 3 and Sch 2 item 23, effective 1 July 2019. For application, transitional and savings provisions, see note under s 31AA. The definition formerly read:

registered holder
means:

(a) in relation to a title under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 - the registered holder within the meaning of that Act; and

(b) in relation to an authority or right (however described) under another Australian law - the person whose name is shown in the register (however described) kept under the relevant Australian law concerned.

Definition of "registered holder" substituted by No 18 of 2012, s 3 and Sch 1 item 21, effective 1 July 2012. The definition formerly read:

registered holder
has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

Definition of "registered holder" amended by No 117 of 2008, s 3 and Sch 3 item 46, by substituting "Offshore Petroleum and Greenhouse Gas Storage Act 2006" for "Offshore Petroleum Act 2006", effective 22 November 2008.

Definition of "registered holder" amended by No 17 of 2006, s 3 and Sch 2 item 85, by substituting "Offshore Petroleum Act 2006" for "Petroleum (Submerged Lands) Act 1967", effective 1 July 2008. For transitional provision, see note under definition of "access authority".

Definition of "related charge" inserted by No 78 of 2006, s 3 and Sch 4 item 2, applicable only in relation to returns and assessments of tax, and instalments of tax, under the Petroleum Resource Rent Tax Assessment Act 1987 for financial years that start on or after 1 July 2006.

Definition of "Resources Department" inserted by No 88 of 2009, s 3 and Sch 5 item 210, effective 18 September 2009.

Definition of "Resources Minister" inserted by No 88 of 2009, s 3 and Sch 5 item 211, effective 18 September 2009.

Definition of "retention lease" substituted by No 43 of 2019, s 3 and Sch 2 item 24, effective 1 July 2019. For application, transitional and savings provisions, see note under s 31AA. The definition will read:

retention lease
means:

(a) a petroleum retention lease within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006; or

(b) an authority or right (however described) under another Australian law:

(i) to explore for petroleum in an area; or

(ii) to recover petroleum on an appraisal basis in that area; or

(iii) to carry on such operations, and execute such works, in the area as are necessary for those purposes;

that is not an authority or right to recover petroleum other than on an appraisal basis, and that is granted on the basis that the area contains petroleum and that recovery of that petroleum is likely to become commercially viable in the future.

Note:

An authority or right may not be covered by this paragraph because it is the subject of a determination of the Resources Minister under section 2AA, or because the activities relating to petroleum are only incidental to the activities relating to other resources (see section 2AC).

Definition of "retention lease" amended by No 96 of 2014, s 3 and Sch 1 item 50, by substituting the note at the end of para (b), effective 30 September 2014. For transitional provisions see note under s 2AB. The note formerly read:

Note:

The Resources Minister may determine that an authority or right is, or is not, an authority or right of a kind mentioned in this paragraph: see section 2AA.

Definition of "retention lease" substituted by No 18 of 2012, s 3 and Sch 1 item 22, effective 1 July 2012. The definition formerly read:

retention lease
means a petroleum retention lease within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

Definition of "retention lease" amended by No 117 of 2008, s 3 and Sch 3 item 47, by substituting "Offshore Petroleum and Greenhouse Gas Storage Act 2006" for "Offshore Petroleum Act 2006", effective 22 November 2008.

Definition of "retention lease" amended by No 117 of 2008, s 3 and Sch 2 item 64, by substituting "means a petroleum retention lease within the meaning of" for "has the same meaning as in", effective 22 November 2008.

Definition of "retention lease" substituted by No 17 of 2006, s 3 and Sch 2 item 86, effective 1 July 2008. For transitional provision, see note under definition of "access authority". The definition formerly read:

retention lease
means a retention lease under Part III of the Petroleum (Submerged Lands) Act 1967.

Definition of "retention lease area" substituted by No 43 of 2019, s 3 and Sch 2 item 25, effective 1 July 2019. For application, transitional and savings provisions, see note under s 31AA. The definition formerly read:

retention lease area
means:

(a) a petroleum retention lease area within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006; or

(b) the area covered by an authority or right mentioned in paragraph (b) of the definition of retention lease .

Definition of "retention lease area" substituted by No 18 of 2012, s 3 and Sch 1 item 23, effective 1 July 2012. The definition formerly read:

retention lease area
means a petroleum retention lease area within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006.

Definition of "retention lease area" amended by No 117 of 2008, s 3 and Sch 3 item 48, by substituting "Offshore Petroleum and Greenhouse Gas Storage Act 2006" for "Offshore Petroleum Act 2006", effective 22 November 2008.

Definition of "retention lease area" amended by No 117 of 2008, s 3 and Sch 2 item 65, by substituting "means a petroleum retention lease area within the meaning of" for "has the same meaning as in", effective 22 November 2008.

Definition of "retention lease area" substituted by No 17 of 2006, s 3 and Sch 2 item 87, effective 1 July 2008. For transitional provision, see note under definition of "access authority". The definition formerly read:

retention lease area
means a lease area within the meaning of the Petroleum (Submerged Lands) Act 1967.

Definition of "sales gas" substituted by No 169 of 2001. The definition formerly read:

sales gas
means a mixture that includes methane, where the methane comprises more than 50% by weight of the mixture.

Definition of "shortfall interest charge" inserted by No 78 of 2006, s 3 and Sch 4 item 3, applicable only in relation to returns and assessments of tax, and instalments of tax, under the Petroleum Resource Rent Tax Assessment Act 1987 for financial years that start on or after 1 July 2006.

Definition of "starting base amount" substituted by No 43 of 2019, s 3 and Sch 2 item 26, effective 1 July 2019. For application, transitional and savings provisions, see note under s 31AA. The definition formerly read:

starting base amount
has the meaning given by Division 1 of Part 3 of Schedule 2.

Definition of "starting base amount" inserted by No 18 of 2012, s 3 and Sch 4 item 3, effective 1 July 2012.

Definition of "starting base asset" repealed by No 43 of 2019, s 3 and Sch 2 item 27(a), effective 1 July 2019. For application, transitional and savings provisions, see note under s 31AA. The definition formerly read:

starting base asset
has the meaning given by clause 10 of Schedule 2.

Definition of "starting base asset" inserted by No 18 of 2012, s 3 and Sch 4 item 4, effective 1 July 2012.

Definition of "subsidiary" inserted by No 47 of 2009, s 3 and Sch 3 item 10, applicable in relation to instalments and assessments of tax under the Petroleum Resource Rent Tax Assessment Act 1987 for years of tax that start on or after 1 July 2009.

Definition of "subsidiary member" repealed by No 43 of 2019, s 3 and Sch 2 item 27(b), effective 1 July 2019. For application, transitional and savings provisions, see note under s 31AA. The definition formerly read:

subsidiary member
has the meaning given by subsection 995-1(1) of the Income Tax Assessment Act 1997.

Definition of "subsidiary member" inserted by No 18 of 2012, s 3 and Sch 5 item 12, effective 1 July 2012.

Definition of "tax" substituted by No 18 of 2012, s 3 and Sch 6 item 9, effective 1 July 2012. The definition formerly read:

tax
means tax imposed by the Petroleum Resource Rent Tax Act 1987.

Definition of "Torres Strait Islander" inserted by No 18 of 2012, s 3 and Sch 3 item 5, effective 1 July 2012.

Definition of "transferable exploration expenditure" amended by No 18 of 2012, s 3 and Sch 4 items 23 and 24, by substituting "Schedule 1" for "the Schedule", effective 1 July 2012.

Definition of "transferable exploration expenditure" amended by No 47 of 2004, s 3 and Sch 2 items 8 and 9, by substituting "Note 1" for "Note" in the note and inserting note 2, effective 7 February 2007.

Definition of "Tribunal" amended by No 38 of 2024, s 3 and Sch 1 item 68, by substituting "Administrative Review Tribunal" for "Administrative Appeals Tribunal", effective 14 October 2024.

Definition of "trustee" amended by No 8 of 2007, s 3 and Sch 4 item 22, by substituting "a liquidator" for "an official manager or liquidator" in para (e), effective 15 march 2007.

Definition of "trustee" amended by No 55 of 2001.

Definition of "uplifted frontier expenditure" inserted by No 41 of 2005, s 3 and Sch 5 item 3, applicable in respect of any exploration expenditure incurred (whether before or after 1 April 2005) where the eligible exploration or recovery area is a designated frontier area.

Definition of "value" repealed by No 43 of 2019, s 3 and Sch 2 item 27(c), effective 1 July 2019. For application, transitional and savings provisions, see note under s 31AA. The definition formerly read:

value
, of a starting base asset, means:

(a) if, under Part 2 of Schedule 2, the book value approach is the valuation approach for the interest, in a petroleum project, to which the asset relates - the book value of the asset, worked out under Division 3 of Part 3 of that Schedule; or

(b) if, under Part 2 of Schedule 2, the market value approach is the valuation approach for the interest, in a petroleum project, to which the asset relates - the market value of the asset, worked out under Division 3 of Part 3 of that Schedule.

Definition of "value" inserted by No 18 of 2012, s 3 and Sch 4 item 5, effective 1 July 2012.

Definition of "Western Greater Sunrise Area" amended by No 117 of 2008, s 3 and Sch 3 item 48A, by substituting "Offshore Petroleum and Greenhouse Gas Storage Act 2006" for "Offshore Petroleum Act 2006", effective 22 November 2008.

Definition of "Western Greater Sunrise area" amended by No 49 of 2007, s 3 and Sch 1 item 92, by substituting "Offshore Petroleum Act 2006" for "Petroleum (Submerged Lands) Act 2967", effective 1 July 2008.

Definition of "Western Greater Sunrise area" inserted by No 47 of 2004, s 3 and Sch 2 item 10, effective 7 February 2007.

S 2AA repealed by No 43 of 2019, s 3 and Sch 2 item 28, effective 1 July 2019. For application, transitional and savings provisions, see note under s 31AA. S 2AA formerly read:

SECTION 2AA DETERMINATIONS RELATING TO CERTAIN DEFINED TERMS  
2AA(1)
An authority or right under an Australian law is taken, for the purposes of this Act, to be an authority or right mentioned in one of the paragraphs to which this section applies if the Resources Minister determines, by legislative instrument, that it is an authority or right of that kind.

2AA(2)
An authority or right under an Australian law is taken, for the purposes of this Act, not to be an authority or right mentioned in one of the paragraphs to which this section applies if the Resources Minister determines, by legislative instrument, that it is not an authority or right of that kind.

2AA(3)
This section applies to the following paragraphs in section 2:

(a) paragraph (b) of the definition of access authority ;

(b) paragraph (b) of the definition of exploration permit ;

(c) paragraph (b) of the definition of infrastructure licence ;

(d) paragraph (b) of the definition of pipeline licence ;

(e) paragraph (c) of the definition of production licence ;

(f) paragraph (b) of the definition of retention lease .

S 2AA inserted by No 18 of 2012, s 3 and Sch 1 item 24, effective 1 July 2012.

S 2AB repealed by No 43 of 2019, s 3 and Sch 2 item 28, effective 1 July 2019. For application, transitional and savings provisions, see note under s 31AA. S 2AB formerly read:

SECTION 2AB EXCLUSION OF INCIDENTAL RECOVERY OF COAL SEAM GAS  
2AB(1)
An authority or right under an Australian law is taken, for the purposes of this Act (other than this section), not to be an authority or right mentioned in paragraph (c) of the definition of production licence in section 2 if the only recovery of petroleum that is undertaken under the authority or right is recovery of coal seam gas, being recovery that:

(a) is a necessary result of coal mining that the holder of the authority or right carries out under the authority or right; or

(b) is necessary to ensure a safe working environment for coal mining carried out under the authority or right; or

(c) is necessary to minimise the fugitive emission of methane or similar gases during the course of coal mining carried out under the authority or right.

2AB(2)
This section does not apply to an authority or right that is the subject of a determination under subsection 2AA(1).

S 2AB inserted by No 96 of 2014, s 3 and Sch 1 item 51, effective 30 September 2014. No 96 of 2014, s 3 and Sch 1 items 122-124 contain the following transitional provisions:

Part 3 - Transitional provisions

122 Objects  
122
The objects of this Part are:

(a) to provide for the winding-up of the minerals resource rent tax; and

(b) to ensure the administration, collection and recovery of the minerals resource rent tax for the MRRT years ending on or before the day this Schedule commences; and

(c) to continue taxpayers' rights and obligations relating to MRRT years ending before that commencement. 123 Effect of repeals and amendments on preceding MRRT years  
123(1)
Despite the repeals and amendments made by this Schedule, the Acts amended or repealed continue to apply, after the commencement of this Schedule, in relation to any MRRT year ending on or before the day this Schedule commences as if those repeals and amendments had not happened.

123(2)
For the purposes of that continued application, any MRRT year that:

(a) started before the commencement of this Schedule; and

(b) would, apart from this subitem, end on or after that commencement;

is taken to end on the day this Schedule commences.

123(2)
To avoid doubt, for the purposes of that continued application, section 190-20 of the Minerals Resource Rent Tax Act 2012 applies in relation to an MRRT year referred to in subitem (2) whether or not the MRRT year is an accounting period referred to in section 190-10 of that Act.

Note 1:

Section 190-20 of the Minerals Resource Rent Tax Act 2012 (to the extent that it continues to apply because of this item) will adjust threshold amounts under that Act in relation to the final MRRT year.

Note 2:

Subsection 115-110(2) in Schedule 1 to the Taxation Administration Act 1953 (to the extent that it continues to apply because of this item) will adjust instalment quarters under that Act in relation to the final MRRT year.

124 Continuation of Commissioner's power to make certain legislative instruments  
124(1)
Despite the repeal by this Act of section 117-5 in Schedule 1 to the Taxation Administration Act 1953, the Commissioner's power under subsection 117-5(5) in that Schedule to make legislative instruments continues after that repeal.

124(2)
This item does not affect any other powers of the Commissioner under Schedule 1 to the Taxation Administration Act 1953, as it continues to apply because of item 123 of this Schedule.

S 2AC repealed by No 43 of 2019, s 3 and Sch 2 item 28, effective 1 July 2019. For application, transitional and savings provisions, see note under s 31AA. S 2AC formerly read:

SECTION 2AC EXCLUSION OF INCIDENTAL EXPLORATION ETC. FOR PETROLEUM  
2AC
An authority or right under an Australian law is taken, for the purposes of this Act (other than this section), not to be:

(a) an authority or right mentioned in paragraph (b) of the definition of exploration permit in section 2; or

(b) an authority or right mentioned in paragraph (b) of the definition of retention lease in that section;

if, to the extent that the authority or right permits activities of a kind mentioned in a subparagraph of that paragraph, it only permits them as an incident of exploration for resources other than petroleum.

S 2AC inserted by No 96 of 2014, s 3 and Sch 1 item 51, effective 30 September 2014. For transitional provisions see note under s 2AB.

S 2A(3) amended by No 4 of 2016, s 3 and Sch 5 item 5, by substituting "index reference period" for "reference base" (wherever occurring), effective 10 March 2016.

S 2B(1) amended by No 47 of 2009, s 3 and Sch 3 item 11, by inserting "at all times" before "during so much", applicable in relation to instalments and assessments of tax under the Petroleum Resource Rent Tax Assessment Act 1986 for years of tax that start on or after 1 July 2009.

S 2B(1A) inserted by No 47 of 2009, s 3 and Sch 3 item 12, applicable in relation to instalments and assessments of tax under the Petroleum Resource Rent Tax Assessment Act 1986 for years of tax that start on or after 1 July 2009.

S 2B(2) substituted by No 47 of 2009, s 3 and Sch 3 item 13, applicable in relation to instalments and assessments of tax under the Petroleum Resource Rent Tax Assessment Act 1986 for years of tax that start on or after 1 July 2009. S 2B(2) formerly read:

2B(2)
For the purposes of this section, a company (in this subsection called the subsidiary company ) is a subsidiary of another company (in this subsection called the holding company ) during a period if:

(a) at all times during the period, all the shares in the subsidiary company were beneficially owned by:

(i) the holding company; or

(ii) a company that is, or 2 or more companies each of which is, a subsidiary of the holding company; or

(iii) the holding company and a company that is, or 2 or more companies each of which is, a subsidiary of the holding company; and

(b) there was no agreement, arrangement or understanding in force during any part of the period under which any person was able, or would be able after the period, to affect rights of the holding company or of a subsidiary of the holding company in relation to the subsidiary company.

S 2B(3) amended by No 47 of 2009, s 3 and Sch 3 item 14, by substituting "this Act" for "this section", applicable in relation to instalments and assessments of tax under the Petroleum Resource Rent Tax Assessment Act 1986 for years of tax that start on or after 1 July 2009.

S 2B(4A) inserted by No 47 of 2009, s 3 and Sch 3 item 15, applicable in relation to instalments and assessments of tax under the Petroleum Resource Rent Tax Assessment Act 1986 for years of tax that start on or after 1 July 2009.

S 2B(4B) inserted by No 47 of 2009, s 3 and Sch 3 item 15, applicable in relation to instalments and assessments of tax under the Petroleum Resource Rent Tax Assessment Act 1986 for years of tax that start on or after 1 July 2009.

S 2B(5) amended by No78 of 2006, s 3 and Sch 5 item 1, by substituting "For" for "Subject to subsections (6) and (7), for", applicable only in relation to returns, assessments, notices and certificates under the Petroleum Resource Rent Tax Assessment Act 1987 in relation to financial years that start on or after 1 July 2006.

S 2B(6) repealed by No 78 of 2006, s 3 and Sch 5 item 2, applicable only in relation to returns, assessments, notices and certificates under the Petroleum Resource Rent Tax Assessment Act 1987 in relation to financial years that start on or after 1 July 2006. S 2B(6) formerly read:

2B(6)
For the purposes of subsection (1), where:

(a) at a particular time (in this subsection called the acquisition time ), one or more companies acquired all the shares in another company (in this subsection called the shelf company ) from the shareholders in the shelf company; and

(b) the shelf company was dormant, within the meaning of section 62 of the Corporations Act 2001, throughout the period (in this subsection called the dormant period ) starting on the day on which the shelf company was incorporated and ending at the acquisition time;

the shelf company is taken not to have been in existence during the dormant period.

S 2B(6) amended by No 55 of 2001, s 3 and Sch 3 item 415, by substituting ``Corporations Act 2001'' for ``Corporations Law'' in para (b), effective 15 July 2001.

S 2B(7) repealed by No 78 of 2006, s 3 and Sch 5 item 2, applicable only in relation to returns, assessments, notices and certificates under the Petroleum Resource Rent Tax Assessment Act 1987 in relation to financial years that start on or after 1 July 2006. S 2B(7) formerly read:

2B(7)
For the purposes of subsection (1), where:

(a) a company (in this subsection called the shelf company ) has issued shares (in this subsection called the newly issued shares ) to another company or companies; and

(b) immediately before the issue of the shares, a person or persons held other shares in the shelf company; and

(c) immediately after the issue of the shares, the shelf company redeemed all the shares in the shelf company other than the newly issued shares; and

(d) the shelf company was dormant, within the meaning of section 62 of the Corporations Act 2001, throughout the period (in this subsection called the dormant period ) starting on the day on which the shelf company was incorporated and ending immediately before the issue of the shares;

the shelf company is taken not to have been in existence during the dormant period.

S 2B(7) amended by No 55 of 2001, s 3 and Sch 3 item 415, by substituting ``Corporations Act 2001'' for ``Corporations Law'' in para (d), effective 15 July 2001.

S 2BA inserted by No 47 of 2009, s 3 and Sch 3 item 16, applicable in relation to instalments and assessments of tax under the Petroleum Resource Rent Tax Assessment Act 1987 for years of tax that start on or after 1 July 2009.

S 2C(1) amended by No 117 of 2008, s 3 and Sch 3 item 48B, by substituting "Offshore Petroleum and Greenhouse Gas Storage Act 2006" for "Offshore Petroleum Act 2006", effective 22 November 2008.

S 2C(1) amended by No 49 of 2007, s 3 and Sch 1 item 93, by substituting "subsection 248A(4) of the Offshore Petroleum Act 2006" for "subsection 127(3) of the Petroleum (Submerged Lands) Act 1967", effective 1 July 2008.

S 2C(3) inserted by No 37 of 2024, s 3 and Sch 5 item 2, effective 1 July 2024. For application provisions, see note under s 22(3).

S 2C inserted by No 47 of 2004, s 3 and Sch 2 item 11, effective 7 February 2007.

Definition of "year" amended by No 46 of 2011, s 3 and Sch 2 item 909, by omitting "calendar" before "months", effective 27 December 2011. For saving and transitional provisions see note under s 36B(5).

S 2D inserted by No 78 of 2006, s 3 and Sch 3 item 5, applicable only in relation to assessments of tax under the Petroleum Resource Rent Tax Assessment Act 1987 for financial years that start on or after 1 July 2006.

S 2E(2) amended by No 18 of 2012, s 3 and Sch 1 item 25, by inserting para (ea), effective 1 July 2012.

S 2E inserted by No 136 of 2011, s 3 and Sch 2 item 2, applicable in relation to the year of tax commencing on 1 July 1990 and each later year of tax.

S 3 amended by No 11 of 2017, s 3 and Sch 1 item 2, by inserting "(1)" before "Where", effective 23 February 2017.

S 3(2) inserted by No 11 of 2017, s 3 and Sch 1 item 3, effective 23 February 2017.

S 3 amended by No 117 of 2008, s 3 and Sch 3 item 49, by substituting "Offshore Petroleum and Greenhouse Gas Storage Act 2006" for "Offshore Petroleum Act 2006", effective 22 November 2008.

S 3 amended by No 17 of 2006, s 3 and Sch 2 items 88 and 89, by substituting "Offshore Petroleum Act 2006" for "Petroleum (Submerged Lands) Act 2006" and substituting "Division 3 of Part 1.2" for "section 6A", effective 1 July 2008. No 17 of 2006, s 3 and Sch 2 item 95 contains the following transitional provision:

95 Transitional - pre-commencement events and circumstances  
95
For the purposes of the application of:

(a)the Petroleum Resource Rent Tax Assessment Act 1987 (the PRRTA Act ; or

(b) an Act with which the PRRTA Act is incorporated;

to events that occurred, and circumstances that arose, before 1 July 2008:

…

(d) section 3 has effect as if:

(i) a reference to the Offshore Petroleum Act 2006 included a reference to the repealed Petroleum (Submerged Lands) Act 1967; and

(ii) the reference to Division 3 of Part 1.2 of the Offshore Petroleum Act 1967 included a reference to section 6A of the repealed Petroleum (Submerged Lands) Act 1967;
…

…

S 4A(1) amended by No 88 of 2013, s 3 and Sch 7 item 80, by substituting "in, or in relation to," for "in relation to" (first occurring), effective 1 July 2012.

S 4A(3) amended by No 88 of 2013, s 3 and Sch 7 items 80-81, by substituting "in, or in relation to," for "in relation to" (first occurring) and substituting para (b) for para (b) and (c), effective 1 July 2012. Para (b) and (c) formerly read:

(b) if the time is:

(i) a time before the project combination certificate came into force; and

(ii) a time after the earliest of the production licences in relation to the pre-combination projects came into force;

one or more of the production licence areas in relation to the pre-combination projects; or

(c) if the time is a time before the earliest of the production licences in relation to the pre-combination projects came into force - the earliest pre-licence area to arise in relation to any of the pre-combination projects.

S 4A(4) amended by No 88 of 2013, s 3 and Sch 7 items 82-83, by substituting "in, or in relation to," for "in relation to" (first occurring) and inserting "any of", effective 1 July 2012.

S 4A inserted by No 18 of 2012, s 3 and Sch 4 item 25, effective 1 July 2012.

S 4B amended by No 88 of 2013, s 3 and Sch 7 item 84, by substituting "in, or in relation to," for "in relation to", effective 1 July 2012.

S 4B inserted by No 18 of 2012, s 3 and Sch 4 item 25, effective 1 July 2012.

S 4C amended by No 88 of 2013, s 3 and Sch 7 item 84, by substituting "in, or in relation to," for "in relation to", effective 1 July 2012.

S 4C inserted by No 18 of 2012, s 3 and Sch 4 item 25, effective 1 July 2012.

S 5(1) amended by No 47 of 2009, s 3 and Sch 3 item 23, by substituting "the application of this Act (including this section) to a pre-1 July 2008 petroleum project," for "this Act (including this section)", effective 1 July 2008.

S 5(2) amended by No 47 of 2009, s 3 and Sch 3 item 24, by substituting "the application of this Act to a pre-1 July 2008 petroleum project," for "this Act,", effective 1 July 2008.

S 5(5) inserted by No 47 of 2009, s 3 and Sch 3 item 25, effective 1 July 2008.

S 5(6) inserted by No 47 of 2009, s 3 and Sch 3 item 25, effective 1 July 2008.

S 5(7) inserted by No 47 of 2009, s 3 and Sch 3 item 25, effective 1 July 2008.

S 10(4) amended by No 88 of 2013, s 3 and Sch 7 item 86, by substituting "eligible real expenditure" for "deductible expenditure" in para (a), effective 1 July 2012.

S 10 substituted by No 47 of 2009, s 3 and Sch 3 item 17, applicable in relation to instalments and assessments of tax under the Petroleum Resource Rent Tax Assessment Act 1987 for years of tax that start on or after 1 July 2009. S 10 formerly read:

SECTION 10 AMOUNTS TO BE EXPRESSED IN AUSTRALIAN CURRENCY  
10
For the purposes of this Act, all amounts and values shall be expressed in terms of Australian currency.

S 15 amended by No 145 of 2010 s 3 and Sch 2 item 59, by inserting the note at the end, effective 17 December 2010.

S 17 repealed by No 145 of 2010, s 3 and Sch 2 item 60, effective 17 December 2010. S 17 formerly read:

SECTION 17 SECRECY  
17(1)
In this section, officer means a person:

(a) who is or has been appointed or employed by the Commonwealth; or

(b) to whom powers or functions have been delegated by the Commissioner;

and who, by reason of the appointment or employment or in the course of the employment, or by reason of, or in the course of the exercise of powers or the performance of functions under, the delegation, as the case may be, may acquire or has acquired information with respect to the affairs of any other person disclosed or obtained under or for the purposes of this Act.

17(2)
For the purposes of this section, a person who, although not appointed or employed by the Commonwealth, performs services for the Commonwealth shall be taken to be employed by the Commonwealth.

17(3)
Subject to subsection (5), a person who is or has been an officer shall not directly or indirectly:

(a) make a record of any information with respect to the affairs of a second person; or

(b) divulge or communicate to a second person any information with respect to the affairs of a third person;

being information disclosed or obtained under or for the purposes of this Act and acquired by the first-mentioned person by reason of that person's appointment or employment by the Commonwealth or in the course of such employment, or by reason of the delegation to that person of powers or functions by the Commissioner, or in the course of the exercise of such powers or performance of such functions, as the case may be.

Penalty: 100 penalty units or imprisonment for 2 years, or both.

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S 17(3) amended by No 78 of 2006, s 3 and Sch 5 item 3, by substituting "100 penalty units" for "$10,000" in the penalty, applicable only in relation to returns, assessments, notices and certificates under the Petroleum Resource Rent Tax Assessment Act 1987 in relation to financial years that start on or after 1 July 2006.

S 17(3) amended by No 146 of 2001, s 3 and Sch 4 item 103, by omitting ``, except for the purposes of this Act or otherwise than in the performance of the person's duties as an officer'' after ``officer shall not'', applicable to acts and omissions that take place after December 15. If an act or omission is alleged to have taken place between 2 dates, one before and one on or after December 15, the act or omission is alleged to have taken place before December 15.

17(3A)
Subsection (3) does not apply to the extent that the person makes the record of the information, or divulges or communicates the information, for the purposes of this Act or in the performance of the person's duties as an officer.

Note:

A defendant bears an evidential burden in relation to the matters in subsection (3A), see subsection 13.3(3) of the Criminal Code.

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S 17(3A) inserted by No 146 of 2001, s 3 and Sch 4 item 104, applicable to acts and omissions that take place after December 15. If an act or omission is alleged to have taken place between 2 dates, one before and one on or after December 15, the act or omission is alleged to have taken place before December 15.

17(4)
Except where it is necessary to do so for the purpose of carrying into effect the provisions of this Act, a person who is or has been an officer shall not be required:

(a) to produce in court any document made or given under or for the purposes of this Act; or

(b) to divulge or communicate to a court a matter or thing with respect to information disclosed or obtained under or for the purposes of this Act;

being a document or information acquired by the person by reason of the person's appointment or employment by the Commonwealth or in the course of such employment, or by reason of the delegation to the person of powers or functions by the Commissioner, or in the course of the exercise of such powers or the performance of such functions, as the case may be.

17(5)
Nothing in subsection (3) shall be taken to prohibit the Commissioner, a Deputy Commissioner or a person authorised by the Commissioner or a Deputy Commissioner from communicating any information to:

(a) the Tribunal in connection with proceedings under an Act of which the Commissioner has the general administration; or

(b) a person performing, as an officer, duties arising under an Act of which the Commissioner has the general administration, or regulations under such an Act, for the purpose of enabling the person to perform those duties.

Note:

A defendant bears an evidential burden in relation to the matters in subsection (5), see subsection 13.3(3) of the Criminal Code.

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S 17(5) amended by No 146 of 2001, s 3 and Sch 4 item 105, by inserting the note at the end, applicable to acts and omissions that take place after December 15. If an act or omission is alleged to have taken place between 2 dates, one before and one on or after December 15, the act or omission is alleged to have taken place before December 15.

17(6)
For the purposes of subsection (3), an officer shall be deemed to have communicated information to another person in contravention of that subsection if the officer communicates the information to any Minister.

17(7)
An officer shall, if and when required by the Commissioner or a Deputy Commissioner to do so, make an oath or declaration, in a manner and form specified by the Commissioner in writing, to maintain secrecy in conformity with the provisions of this section.

S 18 repealed by No 145 of 2010, s 3 and Sch 2 item 60, effective 17 December 2010. S 18 formerly read:

SECTION 18 APPLICATION OF PART IN RELATION TO SECTION 20  
18(1)
Subject to this section, this Part applies as if section 20 did not form part of this Act.

18(2)
Nothing in subsection 17(3) shall be taken to prohibit the Commissioner, a Deputy Commissioner or a person authorised by the Commissioner or a Deputy Commissioner from communicating, for the purposes of section 20, any information to the Resources Minister or an officer of the Resources Department authorised by the Minister.

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S 18(2) amended by No 88 of 2009, s 3 and Sch 5 item 212, by substituting "Resources Minister or an officer of the Resources Department authorised by the" for "certifying Minister or an officer of the Department of Primary Industries and Energy authorised by the certifying", effective 18 September 2009.

18(3)
Where information is communicated under subsection (2) to an officer authorised by the Resources Minister, that officer and any other officer of that Department shall, in respect of that information, be subject to the same rights, privileges, obligations and liabilities under subsections 17(3) and (4) as if the officer were an officer within the meaning of those subsections and the information were information to which those subsections applied.

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S 18(3) amended by No 88 of 2009, s 3 and Sch 5 item 213, by substituting "Resources Minister" for "certifying Minister", effective 18 September 2009.

S 19(1) amended by No 18 of 2012, s 3 and Sch 1 items 26 to 28, by inserting "and (1B)" after "(1A)", substituting "a" for "an eligible" and omitting "eligible" (second occurring), effective 1 July 2012.

S 19(1B) inserted by No 18 of 2012, s 3 and Sch 1 item 29, effective 1 July 2012.

S 19(2) amended by No 18 of 2012, s 3 and Sch 1 item 30, by omitting "eligible" (wherever occurring), effective 1 July 2012.

S 19(2B) amended by No 18 of 2012, s 3 and Sch 1 items 31 and 32, by substituting "a" for "an eligible" in para (a) and omitting "eligible" before "production licences" in para (b), effective 1 July 2012.

S 19(2B) inserted by No 101 of 2003, s 3 and Sch 5 item 7, effective 14 October 2003.

S 19(2C) amended by No 18 of 2012, s 3 and Sch 1 items 33 and 34, by substituting "a" for "an eligible" in para (a) and omitting "eligible" before "production licences" in para (b), effective 1 July 2012.

S 19(2C) inserted by No 47 of 2009, s 3 and Sch 3 item 29, applicable in relation to instalments and assessments of tax under the Petroleum Resource Rent Tax Assessment Act 1987 for years of tax that start on or after 1 July 2008.

S 19(3) amended by No 18 of 2012, s 3 and Sch 1 item 35, by omitting "eligible" (wherever occurring), effective 1 July 2012.

S 19(4) amended by No 18 of 2012, s 3 and Sch 3 item 6, by inserting para (b)(vi), effective 1 July 2012.

S 20(1) amended by No 43 of 2019, s 3 and Sch 2 items 29 and 30, by repealing para (c) and omitting "to the extent (if any) that the projects are not onshore petroleum projects-" from para (d), effective 1 July 2019. For application, transitional and savings provisions, see note under s 31AA. Para (c) formerly read:

(c) to the extent (if any) that the projects are onshore petroleum projects - the respective operations, facilities and other things that are involved, have been involved or will be involved in any further processing or treating of any petroleum or marketable petroleum commodityproduced in relation to the projects; and

S 20(1) amended by No 43 of 2019, s 3 and Sch 1 item 78, by substituting "the Resources Minister, in relation to a production licence in relation to a petroleum project" for "within the qualifying period in relation to a production licence in relation to a petroleum project, the Resources Minister, whether on application, request or otherwise", effective 1 July 2019.

S 20(1) substituted by No 18 of 2012, s 3 and Sch 1 item 36, effective 1 July 2012. S 20(1) formerly read:

20(1)
Subject to this section, where within the qualifying period in relation to an eligible production licence, the Resources Minister, whether on application, request or otherwise, having regard to:

(a) the respective operations, facilities and other things that comprise, have comprised or will comprise the petroleum project in relation to the eligible production licence and any other petroleum project or projects existing at the time at which the eligible production licence came into force; and

(b) the persons by whom or on whose behalf the operations, facilities and other things referred to in paragraph (a) are being, have been or are proposed to be carried on or provided; and

(c) the geological, geophysical and geochemical and other features of the production licence areas in relation to the projects;

considers that the projects are sufficiently related to be treated for the purposes of this Act as a single petroleum project, the Minister must issue a certificate under this subsection specifying the eligible production licence or eligible production licences in relation to each of the projects.

S 20(1) amended by No 88 of 2009, s 3 and Sch 5 items 214 to 216, by substituting "Resources Minister" for "certifying Minister" (first occurring), inserting "and" at the end of para (a) and substituting "Minister must" for "certifying Minister shall" (last occurring), effective 18 September 2009.

S 20(1A) substituted by No 43 of 2019, s 3 and Sch 2 item 31, effective 1 July 2019. For application, transitional and savings provisions, see note under s 31AA. S 20(1A) formerly read:

20(1A)
Despite subsection (1), the Minister cannot specify, under that subsection:

(a) a production licence relating to the North West Shelf project; or

(b) if one of the projects is not an onshore petroleum project - a production licence relating to:

(i) an onshore petroleum project existing on 30 June 2012; or

(ii) if a pre-combination project in relation to a combined project is such a project - the combined project.

S 20(1A) inserted by No 18 of 2012, s 3 and Sch 1 item 36, effective 1 July 2012.

S 20(2) repealed by No 43 of 2019, s 3 and Sch 1 item 79, effective 1 July 2019. S 20(2) formerly read:

20(2)
For the purposes of subsection (1), the qualifying period in relation to an production licence is:

(a) the period of 90 days after the latest of the following:

(i) the time the licence comes into force;

(ii) the commencement of this Act;

(iii)if the licence relates to an onshore petroleum project and was granted on or after 1 July 2012 - the start of 1 January 2013;

(iv) if the licence relates to an onshore petroleum project and was granted before 1 July 2012 - the start of 1 July 2013; or

(b) where, within the period referred to in paragraph (a), the Resources Minister receives any information, application or request relevant to the exercise of the powers of the Minister under subsection (1) in relation to the production licence, such longer period (if any) as is necessary to enable the Minister adequately to consider that information, application or request.

S 20(2) amended by No 88 of 2013, s 3 and Sch 7 item 87, by substituting para (a)(iii) and (iv) for para (a)(iii), effective 1 July 2012. Para (a)(iii) formerly read:

(iii) if the licence relates to an onshore petroleum project - the start of 1 January 2013; or

S 20(2) amended by No 18 of 2012, s 3 and Sch 1 items 37 to 39, by omitting "eligible" before "production licence", substituting para (a) and omitting "eligible" before "production licence" in para (b), effective 1 July 2012. Para (a) formerly read:

(a) the period of 90 days after the licence comes into force or the commencement of this Act, whichever is the later; or

S 20(2) amended by No 88 of 2009, s 3 and Sch 5 items 217 and 218, by substituting "Resources Minister" for "certifying Minister" (first occurring) in para (b) and omitting "certifying" (second and third occurring) in para (b), effective 18 September 2009.

S 20(4) substituted by No 43 of 2019, s 3 and Sch 1 item 80, effective 1 July 2019. S 20(4) formerly read:

20(4)
The Minister shall not accept or comply with any application or request (other than from an officer in the performance of his or her duties) for the issue of a certificate under subsection (1) in respect of petroleum projects unless the application or request is from a person who is, or from persons who together are, entitled to receive at least half of the receipts from the sale of petroleum or marketable petroleum commodities produced in relation to each of the projects.

S 20(4) amended by No 18 of 2012, s 3 and Sch 1 item 40, by inserting "petroleum or" after "sale of", effective 1 July 2012.

S 20(4A) inserted by No 43 of 2019, s 3 and Sch 1 item 80, effective 1 July 2019.

S 20(4B) inserted by No 43 of 2019, s 3 and Sch 1 item 80, effective 1 July 2019.

S 20(4C) inserted by No 43 of 2019, s 3 and Sch 1 item 80, effective 1 July 2019.

S 20(6) amended by No 18 of 2012, s 3 and Sch 1 item 41, by omitting "eligible" (wherever occurring), effective 1 July 2012.

S 20(7) amended by No 18 of 2012, s 3 and Sch 1 item 41, by omitting "eligible" (wherever occurring), effective 1 July 2012.

S 20(7) amended by No 88 of 2009, s 3 and Sch 5 items 219 and 220, by substituting "Resources Minister" for "certifying Minister" (first occurring) and substituting "Minister must" for "certifying Minister shall", effective 18 September 2009.

S 20(8) amended by No 88 of 2009, s 3 and Sch 5 items 221 to 223, by substituting "Resources Minister" for "certifying Minister" (first occurring), omitting "certifying" before "Minister" (second and third occurring) and substituting "Minister must" for "certifying Minister shall", effective 18 September 2009.

S 20(9) amended by No 43 of 2019, s 3 and Sch 1 item 81, by omitting "or request" (wherever occurring) from para (b), effective 1 July 2019.

S 20(9) amended by No 88 of 2009, s 3 and Sch 5 item 223, by substituting "Minister must" for "certifying Minister shall", effective 18 September 2009.

S 20(10) amended by No 38 of 2024, s 3 and Sch 1 item 68, by substituting "Administrative Review Tribunal Act 2024" for "Administrative Appeals Tribunal Act 1975", effective 14 October 2024.

S 20(10) amended by No 43 of 2019, s 3 and Sch 1 item 82, by omitting "or request", effective 1 July 2019.

S 20(12) amended by No 43 of 2019, s 3 and Sch 1 item 83, by omitting "or request" from para (b), effective 1 July 2019.

S 20(12) amended by No 88 of 2009, s 3 and Sch 5 items 224 to 226, by substituting "Resources Minister" for "certifying Minister" in para (a), inserting "or" at the end of para (a) and omitting "certifying" before Minister" in paras (b) and (c), effective 18 September 2009.

S 22(1) amended by No 18 of 2012, s 3 and Sch 4 item 26, by substituting "Schedule 1" for "the Schedule" in the note, effective 1 July 2012.

S 22(2) inserted by No 47 of 2004, s 3 and Sch 2 item 12, effective 7 February 2007.

S 22(3) inserted by No 37 of 2024, s 3 and Sch 5 item 3, effective 1 July 2024. No 37 of 2024, s 3 and Sch 5 item 18 contain the following application provisions:

18 Application of amendments  
(1)
The amendments to the Petroleum Resource Rent Tax Assessment Act 1987 made by this Schedule, other than the amendments made by items 7 to 9, apply in relation to assessable receipts derived by a person in relation to a petroleum project in a year of tax beginning on or after 1 July 2023 (whether or not assessable receipts were also derived by a person in relation to the project in an earlier year of tax).

(2)
In determining, under subsection 22(5) of the Petroleum Resource Rent Tax Assessment Act 1987 as inserted by this Schedule, whether a project is excluded for a year of tax beginning on or after 1 July 2023, apply paragraph (a) and subparagraph (c)(ii) of that subsection with regard to financial years including financial years before that year of tax.

(3)
The amendments to the Petroleum Resource Rent Tax Assessment Act 1987 made by items 7 to 9 of this Schedule apply in relation to a petroleum project and a year of tax beginning on or after 1 July 2024.

S 22(4) inserted by No 37 of 2024, s 3 and Sch 5 item 3, effective 1 July 2024. For application provisions, see note under s 22(3).

S 22(5) inserted by No 37 of 2024, s 3 and Sch 5 item 3, effective 1 July 2024. For application provisions, see note under s 22(3).

S 22B inserted by No 177 of 1999, s 3 Sch 8 item 15, effective 1 July 2000.

S 23(1) amended by No 18 of 2012, s 3 and Sch 2 item 1, by inserting para (f) at the end, effective 1 July 2012.

S 23(1) amended by No 47 of 2004, s 3 and Sch 2 item 13, by substituting "subsections (2) and (3)" for "subsection (2)", effective 7 February 2006.

S 23(1) amended by No 101 of 2003, s 3 and Sch 5 item 8, by inserting para (aa), effective 14 October 2003.

S 23(2) amended by No 18 of 2012, s 3 and Sch 2 item 2, by substituting "(f)" for "(e)", effective 1 July 2012.

S 23(3) inserted by No 47 of 2004, s 3 and Sch 2 item 14, effective 7 February 2007.

S 23(4) amended by No 117 of 2008, s 3 and Sch 3 item 49A, by substituting "Offshore Petroleum and Greenhouse Gas Storage Act 2006" for "Offshore Petroleum Act 2006", effective 22 November 2008.

S 23(4) amended by No 49 of 2007, s 3 and Sch 1 item 94, by substituting "subsection 248A(2) of the Offshore Petroleum Act 2006" for "subsection 127(2) of the Petroleum (Submerged Lands) Act 1967", effective 1 July 2008.

S 23(4) inserted by No 47 of 2004, s 3 and Sch 2 item 14, effective 7 February 2007.

S 24(1) amended by No 43 of 2019, s 3 and Sch 2 items 32-34, by omitting "(other than project natural gas (within the meaning of the regulations) to which paragraph (f) applies)" after "where any petroleum" from para (a), substituting "regulations." for "regulations; and" in para (e) and repealing para (f), effective 1 July 2019. For application, transitional and savings provisions, see note under s 31AA. Para (f) formerly read:

(f) where:

(i) any project natural gas (within the meaning of the regulations) recovered from the project is or has been sold; and

(ii) the regulations apply to the project natural gas;

the amount worked out in accordance with the regulations.

S 24(1) amended by No 18 of 2012, s 3 and Sch 2 items 14 to 16, by inserting "(other than project natural gas (within the meaning of the regulations) to which paragraph (f) applies)" in para (a), repealing para (d)(ii), and inserting para (f) at the end, effective 29 September 2012. Para (d)(ii) formerly read:

(ii) the sale is a non-arm's length transaction; and

S 24(1) amended by No 78 of 2006, s 3 and Sch 5 items 4 to 7, by inserting "to which paragraph (d) applies" after "sales gas" in para (b), inserting "to which paragraph (e) applies" after "sales gas" in para (c), substituting para (d) and substituting "the regulations apply to any sales gas produced from petroleum from the project, and that sales gas" for "any sales gas produced from petroleum from the project" in para (e), applicable only in relation to returns, assessments, notices and certificates under the Petroleum Resource Rent Tax Assessment Act 1987 in relation to financial years that start on or after 1 July 2006. Para (d) formerly read:

(d) where any sales gas produced from petroleum from the project becomes or became an excluded commodity by virtue of being sold:

(i) if the sale is a non-arm's length transaction - the amount worked out in accordance with the regulations; and

(ii) in any other case - the consideration receivable, less any expenses payable, by the person in relation to the sale; and

S 24(1) amended by No 101 of 2003, s 3 and Sch 5 items 9 and 10, by substituting "petroleum from the project" for "petroleum, or a constituent of petroleum, recovered from the production licence area or areas in relation to the project" in para (a) and "from the project" for "recovered from the area or areas to which paragraph (a) applies" in paras (b), (c), (d) and (e), effective 14 October 2003.

S 24(1) amended by No 169 of 2001, s 3 and Sch 1 items 2 to 5, by inserting "and" at the end of para (a), "(other than sales gas)" in paras (b) and (c) and inserting paras (d) and (e), effective 1 April 2002.

Definition of "non-arm's length transaction" repealed by No 43 of 2019, s 3 and Sch 2 item 35, effective 1 July 2019. For application, transitional and savings provisions, see note under s 31AA. The definition formerly read:

non-arm's length transaction
means a transaction where the Commissioner, having regard to any connection between the parties to the transaction or to any other relevant circumstances, is satisfied that the parties to the transaction are not dealing with each other at arm's length in relation to the transaction.

Definition of "petroleum from the project" inserted by No 101 of 2003, s 3 and Sch 5 item 11, effective 14 October 2003.

S 24(2) inserted by No 169 of 2001, s 3 and Sch 1 item 5, effective 1 April 2002.

S 24A amended by No 47 of 2009, s 3 and Sch 3 item 30, by inserting ", or internal petroleum," after "external petroleum", applicable in relation to instalments and assessments of tax under the Petroleum Resource Rent Tax Assessment Act 1987 for years of tax that start on or after 1 July 2008.

S 24A inserted by No 101 of 2003, s 3 and Sch 5 item 12, effective 14 October 2003.

S 26 amended by No 169 of 2001, s 3 and Sch 1 item 6, by substituting "24(1)(c), 24(1)(e)" for "24(c)", effective 1 April 2002.

S 27(3) inserted by No 78 of 2006, s 3 and Sch 3 item 6, applicable only in relation to assessments of tax under the Petroleum Resource Rent Tax Assessment Act 1987 for financial years that start on or after 1 July 2006.

S 27(4) inserted by No 78 of 2006, s 3 and Sch 3 item 6, applicable only in relation to assessments of tax under the Petroleum Resource Rent Tax Assessment Act 1987 for financial years that start on or after 1 July 2006.

S 28(1) amended by No 83 of 2014, s 3 and Sch 1 items 316 and 317, by substituting "expenditure." for "expenditure;" in para (b)(iii) and repealing para (c), effective 1 July 2014. No 83 of 2014, s 3 and Sch 1 item 339 contains the following transitional provision:

339 Transitional - Petroleum Resource Rent Tax Assessment Act 1987  
339(1)
Despite the amendments of section 28 of the Petroleum Resource Rent Tax Assessment Act 1987 made by this Schedule, that Act continues to apply, in relation to carbon units issued before the designated carbon unit day, as if those amendments had not been made.

339(2)
The repeal of paragraph 44(1)(ia) of the Petroleum Resource Rent Tax Assessment Act 1987 by this Schedule does not apply to unit shortfall charge imposed on:

(a) a unit shortfall for the financial year beginning on 1 July 2012; or

(b) a unit shortfall for the financial year beginning on 1 July 2013.

Para (c) formerly read:

(c) amounts receivable by the person in respect of the sale of free carbon units (within the meaning of the Clean Energy Act 2011):

(i) that the person received under the Jobs and Competitiveness Program (within the meaning of that Act); and

(ii) that relate to the petroleum project.

S 28(1) amended by No 18 of 2012, s 3 and Sch 6 item 1, by inserting para (c), effective 1 July 2012.

S 28(1) renumbered from s 28 by No 18 of 2012, s 3 and Sch 2 item 3, effective 1 July 2012. No 18 of 2012, s 3 and Sch 2 item 13 contains the following transitional provision:

Transitional  
…

13(2)
For the purposes of applying subparagraph 28(b)(ii) of the Petroleum Resource Rent Tax Assessment Act 1987 in relation to an onshore petroleum project or the North West Shelf project, disregard any receipts:

(a) of a kind referred to in that subparagraph; and

(b) that relate to resource tax expenditure incurred in relation to the project before 1 July 2012.

S 28(2) inserted by No 18 of 2012, s 3 and Sch 2 item 4, effective 1 July 2012. For transitional provision, see note under s 28(1).

S 29A(1) amended by No 43 of 2019, s 3 and Sch 2 item 36, by substituting the example, effective 1 July 2019. For application, transitional and savings provisions, see note under s 31AA. The example formerly read:

Example:

The following are some examples:

(a) water from a water treatment facility that is an integral part of a coal seam gas project is sold;

(b) excess electricity that is produced as part of the petroleum project is sold.

S 29A inserted by No 18 of 2012, s 3 and Sch 2 item 5, effective 1 July 2012.

S 30 amended by No 18 of 2012, s 3 and Sch 2 item 6, by substituting ", assessable employee amenities receipts or assessable incidental production receipts" for "or assessable employee amenities receipts" in para (a), effective 1 July 2012.

S 31(1) amended by No 43 of 2019, s 3 and Sch 2 items 37 and 38, by omitting "(1)" before "For the purposes" and "an onshore petroleum project or" after "in the case of" in para (h), effective 1 July 2019. For application, transitional and savings provisions, see note under s 31AA.

S 31(1) amended by No 18 of 2012, s 3 and Sch 6 item 10, by inserting para (aa), effective 1 July 2012.

S 31(1) renumbered from s 31 by No 18 of 2012, s 3 and Sch 4 item 6, effective 1 July 2012.

S 31 amended by No 18 of 2012, s 3 and Sch 2 items 7 to 10, by inserting "or" at the end of paras (b) and (c), inserting paras (ea) and (h), and substituting "unless paragraph (g) or (h) applies" for "except in the case of the Bass Strait Project" in para (f), effective 1 July 2012. No 18 of 2012, s 3 and Sch 2 item 13 contains the following transitional provision:

Transitional  
13(1)
For the purposes of applying section 31 of the Petroleum Resource Rent Tax Assessment Act 1987 to an onshore petroleum project or the North West Shelf project, treat any receipts:

(a) of a kind referred to in that section; and

(b) derived before 1 July 2012 in relation to activities undertaken in relation to the project on or after that day;

as having been derived in the financial year in which the activities are undertaken.

…

S 31(2) repealed by No 43 of 2019, s 3 and Sch 2 item 39, effective 1 July 2019. For application, transitional and savings provisions, see note under s 31AA. S31(2) formerly read:

31(2)
Despite paragraph (1)(h), an assessable receipt that is an assessable receipt because of clause 21 of Schedule 2 may be derived at any time, including a time before the project commences or after the project ceases.

S 31(2) inserted by No 18 of 2012, s 3 and Sch 4 item 7, effective 1 July 2012.