Definition of " excisable condensate " inserted by No 108 of 2008, s 3 and Sch 1 item 5, effective 18 October 2008. For application and transitional provisions, see note under Pt IA heading.

Definition of " excisable crude petroleum oil " amended by No 74 of 2006, s 3 and Sch 1 item 95, by substituting " subitem 20.5, 20.6 or 20.7 of " for " paragraph 17A(2) in " , effective 1 July 2006.

Definition of " final VOLWARE price " amended by No 114 of 1990, s 3(1)(a) and (b), by inserting " and an oil producing region " and " and that region " , effective 26 December 1987. For application provision, see note under s 4(1A) .

Definition of " interim VOLWARE price " amended by No 114 of 1990, s 3(1)(c) and (d), by inserting " and an oil producing region " and " and that region " , effective 26 December 1987. For application provision, see note under s 4(1A) .

Definition of " limited production area " inserted by No 79 of 1997, s 3 and Sch 1 item 1, effective 1 July 1997. For saving provision, see note under s 6(1A) .

Definition of " oil producer " amended by No 117 of 2008, s 3 and Sch 3 item 32, by substituting " Offshore Petroleum and Greenhouse Gas Storage Act 2006 " for " Offshore Petroleum Act 2006 " , effective 22 November 2008.

Definition of " oil producer " amended by No 117 of 2008, s 3 and Sch 2 item 58, by inserting " petroleum " in para (b), effective 22 November 2008.

Definition of " oil producer " amended by No 17 of 2006, s 3 and Sch 2 item 72, by substituting " production licensee within the meaning of the Offshore Petroleum Act 2006 " for " licensee within the meaning of the Petroleum (Submerged Lands) Act 1967 " , effective 1 July 2008.

Definition of " oil producer " substituted by No 114 of 1990, s 3(1)(h), effective 26 December 1987. For application provision, see note under s 4(1A) . The definition formerly read:

oil producer
means a person who:

(a) carries on operations for the recovery of excisable crude petroleum oil; and

(b) is a licensee within the meaning of the Petroleum (Submerged Lands) Act 1967 ;

Definition of " oil producing region " inserted by No 114 of 1990, s 3(1)(j), effective 26 December 1987. For application provision, see note under s 4(1A) .

Definition of " production area " inserted by No 79 of 1997, s 3 and Sch 1 item 2, effective 1 July 1997. For saving provision, see note under s 6(1A) .

Definition of " reference price " repealed by No 79 of 1997, s 3 and Sch 1 item 3, effective 1 July 1997. For saving provision, see note under s 6(1A) . The definition formerly read:

reference price
, in relation to a month and an oil producing region, means the price determined under subsection 5(1) for that month and that region;

Definition of " reference price " amended by No 114 of 1990, s 3(1)(e) and (f), by inserting " and an oil producing region " and " and that region " , effective 26 December 1987. For application provision, see note under s 4(1A) .

Definition of " reviewable decision " amended by No 79 of 1997, s 3 and Sch 1 items 4 and 5, by inserting " or " in para (aa), (a) and inserting para (ab) and (ac), effective 1 July 1997. For saving provision, see note under s 6(1A) .

Definition of " reviewable decision " amended by No 115 of 1988, s 3(a), by inserting para (aa), effective 12 December 1988.

Definition of " reviewable decision " amended by No 114 of 1990, s 3(1)(g), by inserting " and an oil producing region " (wherever occurring), effective 26 December 1987. For application provision, see note under s 4(1A) .

Definition of " transaction price " substituted by No 115 of 1988, s 3(b), effective 12 December 1988. The definition formerly read:

transaction price
, in relation to a quantity of excisable crude petroleum oil, means, subject to subsection 7(6), the price for which the oil producer of the oil has, or is deemed to have, sold the quantity of oil;

Definition of " VOLWARE commencement date " inserted by No 114 of 1990, s 3(1)(j), effective 26 December 1987. For application provision, see note under s 4(1A) .

S 4(1A) inserted by No 114 of 1990, s 3(1)(k), effective 26 December 1987. No 114 of 1990, s 3(2) - (4) contains the following application provision:

3 Interpretation  
…

(2)
Where regulations are made under the Principal Act as amended by this Act prescribing a production area or production areas as an oil producing region with effect from 1 January 1988 or including an additional production area in such a region:
(a) a determination of a reference price in respect of a month commencing after 31 December 1987 under section 5 of the Prices Act as in force from time to time; or
(b) a determination of an interim VOLWARE price, or a final VOLWARE price, in respect of such a month under section 7 of that Act as so in force;

being a determination made before the making of those regulations, is taken, for the purposes of the Principal Act as amended by this Act, to be, and at all material times to have been, a determination of that price in respect of that month and that region.

(3)
Where regulations are made under the Principal Act as amended by this Act prescribing a production area or production areas as an oil producing region with effect from 1 January 1988 or including an additional production area in such a region, regulations made under subsection 5(3) of the Prices Act as in force from time to time, being regulations made before the making of those first-mentioned regulations, are taken, for the purposes of the Principal Act as amended by this Act, to be, and at all material times to have been, made in respect of that region.

(4)
In subsections (2) and (3):

Prices Act
means the Petroleum Excise (Prices) Act 1987 .

S 4(1B) inserted by No 114 of 1990, s 3(1)(k), effective 26 December 1987. For application provision, see note under s 4(1A) .

S 4(1C) substituted by No 126 of 2015, s 3 and Sch 1 item 477, effective 5 March 2016. S S 4(1C) formerly read:

4(1C)
Despite subsection 12(2) of the Legislative Instruments Act 2003 , regulations made for the purposes of this Act in relation to condensate may be expressed to take effect from a date before the regulations are registered under the Legislative Instruments Act 2003.

S 4(1C) inserted by No 108 of 2008, s 3 and Sch 1 item 6, effective 18 October 2008. For application and transitional provisions, see note under Pt IA heading.

S 4(1D) inserted by No 108 of 2008, s 3 and Sch 1 item 6, effective 18 October 2008. For application and transitional provisions, see note under Pt IA heading.

S 4(2) amended by No 146 of 1999, s 3 and Sch 1 item 731, by substituting " a person appointed or engaged under the Public Service Act 1999 " for " an officer within the meaning of the Public Service Act 1922 " , effective 5 December 1999.

S 4(2) substituted by No 115 of 1988, s 3(c), effective 12 December 1988. S 4(2) formerly read:

4(2)
Where an oil producer of a quantity of excisable crude petroleum oil does not sell the oil but converts it into another product, then, for the purposes of this Act:
(a) the producer shall be deemed to have entered into a transaction, at the time the oil was entered for home consumption, under which the oil is sold to another person at that time; and
(b) the transaction shall be deemed to have been entered into in such circumstances, and for such a price, as to empower the Minister to fix a transaction price in respect of the oil under subsection 7(6) for the purposes of the determining of VOLWARE prices for a month.

S 4(3) inserted by No 115 of 1988, s 3(c), effective 12 December 1988.