Excise Tariff Amendment Act (No. 2) 1987 (Cth)

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Excise Tariff Amendment Act (No. 2) 1987

No. 150 of 1987

An Act relating to Duties of Excise

[Assented to 26 December 1987]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title etc.

1. (1) This Act may be cited as the Excise Tariff Amendment Act (No. 2) 1987.

(2) In this Act, “Principal Act” means the Excise Tariff Act 19211.

Commencement

2. (1) Sections 1 and 2 shall come into operation on the day on which this Act receives the Royal Assent.

(2) Section 3, paragraph 4 (d), section 7, subsection 8 (2) and sections 9, 10, 11 and 12 shall come into operation on 1 January 1988.

 

(3) Paragraphs 4 (a) and (c) and 5 (a), section 6, subsection 8 (1) and section 14 shall be deemed to have come into operation on 1 July 1987.

(4) Paragraph 4 (b) shall be deemed to have come into operation on 24 July 1987.

(5) Paragraph 5 (b) shall come into operation on the twenty-eighth day after the day on which this Act receives the Royal Assent.

(6) Section 13 shall be deemed to have come into operation on 16 May 1987.

(7) Section 15 shall be deemed to have come into operation on 18 July 1987.

(8) Section 16 shall be deemed to have come into operation on 15 August 1987.

(9) Section 17 shall be deemed to have come into operation on 22 August 1987.

Certain Acts to be read as one with this Act

3. Section 2 of the Principal Act is amended by inserting “, the Petroleum Excise (Prices) Act 1987” after “Petroleum Revenue Act 1985.

Interpretation

4. Section 3 of the Principal Act is amended:

(a) by inserting in subsection (1) the following definitions:

“ ‘excluded liquid petroleum area’ means an area in respect of which an exploration permit is in force, being an exploration permit to which a production licence in force on or before 1 July 1984 was related;

‘exempt area’ means a production area, within the meaning of section 5b, that is:

(a) in a State or Territory; or

(b) inside the outer limits of the territorial sea of Australia;

other than such a production area that is, or has been, a prescribed source;

‘exempt field’ means an area prescribed by Departmental By-laws, being an exempt area or 2 or more associated exempt areas;

‘exempt offshore oil’ means the first 4767.3 megalitres of stabilised crude petroleum oil obtained in a particular project, being stabilised crude petroleum oil that is either:

(a) produced:

(i) from a field or fields from which petroleum oil was not produced before 1 July 1987; and

 

(ii) by means of a platform or installation established to produce petroleum oil from such a field or fields; or

(b) produced, by means of:

(i) a platform;

(ii) an installation that is, in the opinion of the Minister for Primary Industries and Energy or a person (in this paragraph called an ‘authorised person’) authorised by that Minister to exercise that Minister’s discretion under this paragraph, a significant installation for the purposes of this paragraph; or

(iii) a combination of a platform and such an installation;

that was not in operation before 1 July 1987, from a field or fields from which petroleum oil was produced before 1 July 1987, not being stabilised crude petroleum oil that (if it had not been produced by means of such a platform or significant installation, or such a platform and significant installation) would, in the opinion of the Minister for Primary Industries and Energy or an authorised person, have been produced by means of a platform or installation, or platform and installation, that was in operation before 1 July 1987;

‘exempt onshore oil’ means stabilised crude petroleum oil produced after 30 June 1987 that is included in the first 4767.3 megalitres of stabilised crude petroleum oil produced from a particular exempt field;

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

‘index number’, in relation to a quarter, means the All Groups Consumer Price Index number, being the weighted average of the 8 capital cities, published by the Statistician in respect of that quarter;

‘installation’ means a subsea installation, for the production of petroleum oil, that is connected to a fixed platform, a floating production system or any other petroleum collection system;

‘platform’ means a platform for the production of petroleum oil;

‘production licence’ means a production licence under Part III of the Petroleum (Submerged Lands) Act 1967;

‘Statistician’ means the Australian Statistician.”;

(b) by omitting from the definition of “intermediate area” in subsection (1) “Minister for Resources and Energy” and substituting “Minister for Primary Industries and Energy”;

 

(c) by adding at the end the following subsection:

“(3) Without affecting the meaning of any reference to a month in any other provision of this Act or in any other Act, a reference in section 6b to a month is a reference to one of the 12 months of a calendar year.”;

(d) by omitting from subsection (3) “6b” and substituting “6ab, 6b, 6c or 6d”.

Indexation of rates of duty

5. Section 6a of the Principal Act is amended:

(a) by omitting from subsection (1) the definitions of “index number” and “Statistician”;

(b) by omitting subsection (6) and substituting the following subsection:

“(6) If an index number necessary for the calculation of the factor to be ascertained in relation to a relevant period in accordance with subsection (5) is not published by the Statistician more than 5 days before the first day of the period, subsection (4) has effect in relation to the period as if the reference in that subsection to the first day of the period were a reference to the day that is 5 days after the day on which the index number was published.”.

6. After section 6a of the Principal Act the following section is inserted:

Indexation of threshold prices

“6aa. (1) In this section, unless the contrary intention appears:

‘indexation period’ means the period of 12 months commencing on 1 July 1988, and each subsequent period of 12 months;

‘threshold price’ has the same meaning as in section 6b.

“(2) Subject to subsection (3), if at any time, whether before or after the commencement of this section, the Statistician has published or publishes an index number in respect of a quarter in substitution for an index number previously published by him or her in respect of that quarter, the publication of the later index number shall be disregarded for the purposes of this section.

“(3) If at any time, whether before or after the commencement of this section, the Statistician has changed or changes the reference base for the consumer price index, then, for the purposes of the application of this section after the change took place or takes place, regard shall be had only to index numbers published in terms of the new reference base.

“(4) Subject to subsection (5), this Act has effect, in relation to an indexation period, as if for the threshold price there were substituted, on the first day of that period a price, calculated to 2 decimal places, ascertained by multiplying by the factor ascertained in relation to the indexation period in accordance with subsection (6) the price that, immediately before the commencement of that period, was the threshold price.

 

“(5) Where a price ascertained in accordance with subsection (4) in relation to an indexation period would, if it were calculated to 3 decimal places, end with a number greater than 4, the price ascertained in accordance with that subsection in relation to that indexation period shall be taken to be the price calculated to 2 decimal places in accordance with that subsection and increased by 0.01.

“(6) The factor to be ascertained for the purposes of subsection (4) in relation to an indexation period is:

(a) the number, calculated to 3 decimal places, ascertained by dividing the index number for the December quarter last preceding the commencement of the indexation period by the index number for the December quarter last preceding that first-mentioned December quarter; or

(b) if the number so ascertained would, if it were calculated to 4 decimal places, end in a number greater than 4—the number so ascertained increased by 0.001.

“(7) Where, because of the application of this section, this Act has effect as if another price were substituted for a price on a particular day, the Comptroller shall, on or as soon as practicable after that day, publish for the information of the public a notice in the Gazette advertising the substituted price.

“(8) If an index number necessary for the calculation of the factor to be ascertained in relation to an indexation period in accordance with subsection (6) is not published by the Statistician before the commencement of the period, subsection (4) has effect, after the day on which the index number is published, as if the index number had been published before the commencement of the period.”.

7. After section 6aa of the Principal Act the following section is inserted:

Applicable petroleum prices

“6ab. (1) For the purposes of sections 6b, 6c and 6d, at any particular time the applicable petroleum price for a month occurring after 31 December 1987 is:

(a) if at that time the final VOLWARE price for the month has been determined under section 7 of the Petroleum Excise (Prices) Act 1987—that final VOLWARE price;

(b) if at that time the final VOLWARE price has not been so determined but the interim VOLWARE price for the month has been determined under that section—that interim VOLWARE price; or

(c) if at that time neither the final VOLWARE price nor the interim VOLWARE price has been so determined—the reference price for the month.

 

“(2) For the purposes of sections 6b, 6c and 6d, the applicable petroleum price for a month that occurred before 1 January 1988 is the price that was during that month, the Import Parity Price within the meaning of section 6b, being that section as in force at that time.”.

Duties of excise on certain crude petroleum oil

8. (1) Section 6b of the Principal Act is amended:

(a) by inserting in subsection (1) the following definitions:

“ ‘added duty’, in relation to a prescribed production area in relation to a prescribed division of a financial year, means an amount that is added duty for that division under subsection (5a);

‘added percentage’, in relation to a month to which subsection (5a) relates, means the maximum added percentage or, if lower, the percentage ascertained in accordance with the formula:

where:

P is the number of dollars in the Import Parity Price at the commencement of the month;

TP is the number of dollars in the threshold price at the commencement of the month;

‘maximum added percentage’, in relation to a financial year, means:

(a) in relation to the financial year commencing on 1 July 1987—1%;

(b) in relation to the financial year commencing on 1 July 1988—3%; or

(c) in relation to each subsequent financial year—5%;

‘threshold price’, in relation to a particular time, means:

(a) if paragraph (b) does not apply—$224.54 per kilolitre; or

(b) if at that time this Act has effect, because of section 6aa, as if another price is substituted—the last price to be so substituted;

‘threshold quantity’, in relation to a month, means the number of kilolitres ascertained in accordance with the formula:

where:

D is the number of days in the month;

K is:

(a) where the month is in a year in which there are 365 days—1369.8630 kilolitres; or

 

(b) where the month is in a year in which there are 366 days—1366.1202 kilolitres;

‘variable percentage’, in relation to a period, means:

(a) if the period ends on or before 30 June 1988—79%;

(b) if the period ends on or before 30 June 1989—77%; or

(c) if the period commences on or after 1 July 1989—75%;”;

(b) by omitting from subsection (3) “or commencing on or after 1 July 1987”;

(c) by inserting after subsection (3a) the following subsection:

“(3b) The amount of duty in respect of relevant oil produced from a particular prescribed production area and entered for home consumption during a particular prescribed division of a financial year (being a division commencing on or after 1 July 1987) is the amount ascertained in accordance with the formula:

where:

ND is the amount of notional duty in respect of relevant oil produced from that area and entered for home consumption during the period commencing on the commencement of that year and ending on the expiration of that division;

AD is the sum of the added duty (if any) for that area for that division and the added duty (if any) for that area for prescribed divisions of that year occurring before the first-mentioned division;

DP is the amount of duty (if any) paid in respect of the relevant oil produced from that area and entered for home consumption during that period.”;

(d) by omitting paragraphs (4) (f) and (g) and substituting the following word and paragraph:

“; and (f) the quantity (if any) of the oil that exceeds A x 10b;”;

(e) by inserting after subsection (5) the following subsection:

“(5a) Subject to subsection (9a), where:

(a) the Import Parity Price for a month of a financial year exceeds the threshold price at the commencement of that month; and

(b) the quantity (in this subsection called the ‘current quantity’) of relevant oil produced from a particular prescribed production area and entered for home consumption during the month exceeds the threshold quantity for that month;

there is added duty for that area for the prescribed division (whether in that financial year or in the following financial year) that immediately follows the end of that month of an amount equal to the added percentage, for the month, of the product of:

 

(c) the amount specified in the Import Parity Price; and

(d) the number of kilolitres in the excess referred to in paragraph (b);

calculated to the nearest cent.”;

(f) by omitting paragraphs (7) (f) and (g) and substituting the following word and paragraph:

“; and (f) in the case of a quantity to which paragraph (4) (f) applies—the variable percentage for the period during which the oil is entered for home consumption.”;

(g) by inserting in subsection (8) “, (5a)” after “(5)”;

(h) by inserting after subsection (9) the following subsection:

“(9a) Where no relevant oil produced from a particular prescribed production area was ever entered for home consumption before the commencement of a particular month, then, in ascertaining, in accordance with subsection (5a), the added duty (if any) for that area for the prescribed division of a financial year that is the division immediately following the end of that month, that subsection has effect in relation to the relevant oil as if each reference in that subsection to the threshold quantity for that month were a reference to the product of that threshold quantity and the factor ascertained in accordance with the formula:

where:

D is the number of days in the period commencing on the day on which relevant oil produced from the prescribed production area was first entered for home consumption and ending on the expiration of that month; and

DM is the number of days in the month.”.

(2) Section 6b of the Principal Act is amended:

(a) by omitting from subsection (1) the definition of “Import Parity Price”;

(b) by omitting from the definition of “added percentage” in subsection (1) “Import Parity Price at the commencement of the month” and substituting “price that, at the commencement of the month, is the applicable petroleum price for that month”;

(c) by inserting in subsection (1) the following definitions:

“ ‘adjusted previous year’s duty’, in relation to a prescribed production area in relation to a prescribed division of a financial year, means the amount of duty that, at the end of the financial year immediately preceding the financial year in which the division occurs, would have been payable in respect of relevant oil produced from that area and entered for home consumption during that preceding year if, for the prices that were, at the end of that preceding

 

year, the applicable petroleum prices for all of the months of that preceding year, there had been substituted the prices that are, at the end of the division, the respective applicable petroleum prices for all of those months;

‘credited adjustment amount’, in relation to a prescribed production area in relation to a prescribed division of a financial year, means the amount (if any) that is the credited adjustment amount for that area for that division because of subsection (5c);

‘debited adjustment amount’, in relation to a prescribed production area in relation to a prescribed division of a financial year, means the amount (if any) that is the debited adjustment amount for that area for that division because of subsection (5b);

‘non-adjusted previous year’s duty’, in relation to a prescribed production area in relation to a prescribed division of a financial year, means the amount of duty that, at the end of the financial year immediately preceding the financial year in which the division occurs, would have been payable in respect of relevant oil produced from that area and entered for home consumption during that preceding year if, for the prices that were, at the end of that preceding year, the applicable petroleum prices for all of the months of that preceding year, there had been substituted the prices that were, immediately before the commencement of the division, the respective applicable petroleum prices for all of those months;”;

(d) by inserting in subsection (3b) “and ending before 1 January 1988” after “1 July 1987”;

(e) by inserting after subsection (3b) the following subsections:

“(3c) Subject to subsection (3d), the amount of duty in respect of relevant oil produced from a particular prescribed production area and entered for home consumption during a particular prescribed division of a financial year (being a division commencing on or after 1 January 1988) is the amount ascertained in accordance with the formula:

where:

ND is the amount of notional duty in respect of relevant oil produced from that area and entered for home consumption during the period commencing on the commencement of that year and ending on the expiration of that division;

AD is the sum of the added duty (if any) for that area for that division and the added duty (if any) for that area for prescribed divisions of that year occurring before the first-mentioned division;

 

DAA is the debited adjustment amount (if any) for that area for that division;

DP is the amount of duty (if any) paid in respect of relevant oil produced from that area and entered for home consumption during that period;

CAA is the credited adjustment amount (if any) for that area for that division.

“(3d) In ascertaining, for the purposes of subsection (3c), the amount of duty paid in respect of relevant oil produced from a prescribed production area and entered for home consumption during a period commencing on the commencement of a financial year and ending on the expiration of a prescribed division of that year:

(a) any increases in the amount of duty paid as a result of the addition of debited adjustment amounts for that area for any of the preceding prescribed divisions of that year; and

(b) any decreases in that amount as a result of the subtraction of credited adjustment amounts for that area for any of those divisions;

shall be disregarded.”;

(f) by omitting from paragraph (5) (a) “Import Parity Price” and substituting “price that is, at the end of the period referred to in subsection (4) in relation to the quantity of oil, the applicable petroleum price for the month in which the period comes to an end”;

(g) by omitting from paragraph (5a) (a) “the Import Parity Price for a month” and substituting “at a particular time, the applicable petroleum price for a month”;

(h) by omitting from paragraph (5a) (c) “the Import Parity Price” and substituting “that applicable petroleum price”;

(j) by inserting after subsection (5a) the following subsections:

“(5b) Where:

(a) during a prescribed division of a financial year, a VOLWARE price for a month of the immediately preceding financial year is determined under section 7 of the Petroleum Excise (Prices) Act 1987; and

(b) the adjusted previous year’s duty for a prescribed production area for that division is greater than the non-adjusted previous year’s duty for that area for that division;

there is a debited adjustment amount for that area for that division, being an amount equal to the difference between that adjusted previous year’s duty and that non-adjusted previous year’s duty.

“(5c) Where:

(a) during a prescribed division of a financial year, a VOLWARE price for a month of the immediately preceding financial year

 

is determined under section 7 of the Petroleum Excise (Prices) Act 1987; and

(b) the adjusted previous year’s duty for a prescribed production area for that division is less than the non-adjusted previous year’s duty for that area for that division;

there is a credited adjustment amount for that area for that division, being an amount equal to the difference between that non-adjusted previous year’s duty and that adjusted previous year’s duty.”;

(k) by omitting subsection (6) and substituting the following subsection:

“(6) Where, at the end of a period in a financial year, the applicable petroleum prices for the months in which the period occurs are not all the same, the amount of the notional duty in respect of a quantity of oil referred to in subsection (4) produced from a particular prescribed production area and entered for home consumption during the period is an amount equal to the relevant percentage of the sum of the amounts calculated in respect of each such applicable petroleum price in operation during the period in accordance with the formula:

where:

P is the amount specified in the applicable petroleum price;

Q is the number of kilolitres in the quantity of oil referred to in subsection (4);

K is the number of kilolitres of relevant oil produced from that production area and entered for home consumption during that part of the period during which the applicable petroleum price was in operation;

KT is the number of kilolitres of relevant oil produced from that production area and entered for home consumption during the period.”;

(m) by omitting subsections (11), (12), (13) and (14).

Duties of excise on new oil

9. Section 6c of the Principal Act is amended:

(a) by omitting from subsection (1) the definition of “Import Parity Price”;

(b) by inserting in subsection (1) the following definitions:

“ ‘adjusted previous year’s duty’, in relation to a prescribed new production area in relation to a prescribed division of a financial year, means the amount of duty that, at the end of the financial year immediately preceding the financial year in which the division occurs, would have been payable in respect of new oil produced from that area and entered for home consumption during that preceding year if, for the prices that

 

were, at the end of that preceding year, the applicable petroleum prices for all of the months of that preceding year, there had been substituted the prices that are, at the end of the division, the respective applicable petroleum prices for all of those months;

‘credited adjustment amount’, in relation to a prescribed new production area in relation to a prescribed division of a financial year, means the amount (if any) that is the credited adjustment amount for that area for that division because of subsection (5b);

‘debited adjustment amount’, in relation to a prescribed new production area in relation to a prescribed division of a financial year, means the amount (if any) that is the debited adjustment amount for that area for that division because of subsection (5a);

‘non-adjusted previous year’s duty’, in relation to a prescribed new production area in relation to a prescribed division of a financial year, means the amount of duty that, at the end of the financial year immediately preceding the financial year in which the division occurs, would have been payable in respect of new oil produced from that area and entered for home consumption during that preceding year if, for the prices that were, at the end of that preceding year, the applicable petroleum prices for all of the months of that preceding year, there had been substituted the prices that were, immediately before the commencement of the division, the respective applicable petroleum prices for all of those months;”;

(c) by inserting in subsection (3) “(being a division ending before 1 January 1988)” after “financial year” (first occurring);

(d) by inserting after subsection (3) the following subsections:

“(3a) Subject to subsection (3b), the amount of duty in respect of new oil produced from a particular prescribed new production area and entered for home consumption during a particular prescribed division of a financial year (being a division commencing on or after 1 January 1988) is the amount ascertained in accordance with the formula:

where:

ND is the amount of notional duty in respect of new oil produced from that area and entered for home consumption during the period commencing on the commencement of that year and ending on the expiration of that division;

DAA is the debited adjustment amount (if any) for that area for that division;

DP is the amount of duty (if any) paid in respect of new oil produced from that area and entered for home consumption during that period;

 

CAA is the credited adjustment amount (if any) for that area for that division.

“(3b) In ascertaining, for the purposes of subsection (3a), the amount of duty paid in respect of new oil produced from a prescribed new production area and entered for home consumption during a period commencing on the commencement of a financial year and ending on the expiration of a prescribed division of that year:

(a) any increases in the amount of duty paid as a result of the addition of debited adjustment amounts for that area for any of the preceding prescribed divisions of that year; and

(b) any decreases in that amount as a result of the subtraction of credited adjustment amounts for that area for any of those divisions;

shall be disregarded.”;

(e) by omitting from paragraph (5) (a) “Import Parity Price” and substituting “price that is, at the end of the period referred to in subsection (4) in relation to the quantity of oil, the applicable petroleum price for the month in which the period comes to an end”;

(f) by inserting after subsection (5) the following subsections:

“(5a) Where:

(a) during a prescribed division of a financial year, a VOLWARE price for a month of the immediately preceding financial year is determined under section 7 of the Petroleum Excise (Prices) Act 1987; and

(b) the adjusted previous year’s duty for a prescribed new production area for that division is greater than the non-adjusted previous year’s duty for that area for that division;

there is a debited adjustment amount for that area for that division, being an amount equal to the difference between that adjusted previous year’s duty and that non-adjusted previous year’s duty.

“(5b) Where:

(a) during a prescribed division of a financial year, a VOLWARE price for a month of the-immediately preceding financial year is determined under section 7 of the Petroleum Excise (Prices) Act 1987; and

(b) the adjusted previous year’s duty for a prescribed new production area for that division is less than the non-adjusted previous year’s duty for that area for that division;

there is a credited adjustment amount for that area for that division, being an amount equal to the difference between that non-adjusted previous year’s duty and that adjusted previous year’s duty.”;

 

(g) by omitting subsection (6) and substituting the following subsection:

“(6) Where, at the end of a period in a financial year, the applicable petroleum prices for the months in which the period occurs are not all the same, the amount of the notional duty in respect of a quantity of oil referred to in subsection (4) produced from a particular prescribed new production area and entered for home consumption during the period is an amount equal to the relevant percentage of the sum of the amounts calculated in respect of each such applicable petroleum price in operation during the period in accordance with the formula:

where:

P is the amount specified in the applicable petroleum price;

Q is the number of kilolitres in the quantity of oil referred to in subsection (4);

K is the number of kilolitres of new oil produced from that production area and entered for home consumption during that part of the period during which the applicable petroleum price was in operation;

KT is the number of kilolitres of new oil produced from that production area and entered for home consumption during the period.”.

Duties of excise on intermediate oil

10. Section 6d of the Principal Act is amended:

(a) by omitting from subsection (1) the definition of “Import Parity Price”;

(b) by inserting in subsection (1) the following definitions:

“ ‘adjusted previous year’s duty’, in relation to a prescribed intermediate production area in relation to a prescribed division of a financial year, means the amount of duty that, at the end of the financial year immediately preceding the financial year in which the division occurs, would have been payable in respect of intermediate oil produced from that area and entered for home consumption during that preceding year if, for the prices that were, at the end of that preceding year, the applicable petroleum prices for all of the months of that preceding year, there had been substituted the prices that are, at the end of the division, the respective applicable petroleum prices for all of those months;

‘credited adjustment amount’, in relation to a prescribed intermediate production area in relation to a prescribed division of a financial year, means the amount (if any) that is the credited adjustment amount for that area for that division because of subsection (5b);

 

‘debited adjustment amount’, in relation to a prescribed intermediate production area in relation to a prescribed division of a financial year, means the amount (if any) that is the debited adjustment amount for that area for that division because of subsection (5a);

‘non-adjusted previous year’s duty’, in relation to a prescribed intermediate production area in relation to a prescribed division of a financial year, means the amount of duty that, at the end of the financial year immediately preceding the financial year in which the division occurs, would have been payable in respect of intermediate oil produced from that area and entered for home consumption during that preceding year if, for the prices that were, at the end of that preceding year, the applicable petroleum prices for all of the months of that preceding year, there had been substituted the prices that were, immediately before the commencement of the division, the respective applicable petroleum prices for all of those months;”;

(c) by inserting in subsection (3) “(being a division ending before 1 January 1988)” after “financial year” (first occurring);

(d) by inserting after subsection (3) the following subsections:

“(3a) Subject to subsection (3b), the amount of duty in respect of intermediate oil produced from a particular prescribed intermediate production area and entered for home consumption during a particular prescribed division of a financial year (being a division commencing on or after 1 January 1988) is the amount ascertained in accordance with the formula:

where:

ND is the amount of notional duty in respect of intermediate oil produced from that area and entered for home consumption during the period commencing on the commencement of that year and ending on the expiration of that division;

DAA is the debited adjustment amount (if any) for that area for that division;

DP is the amount of duty (if any) paid in respect of intermediate oil produced from that area and entered for home consumption during that period;

CAA is the credited adjustment amount (if any) for that area for that division.

“(3b) In ascertaining, for the purposes of subsection (3a), the amount of duty paid in respect of intermediate oil produced from a prescribed intermediate production area and entered for home consumption during a period commencing on the commencement of

 

a financial year and ending on the expiration of a prescribed division of that year:

(a) any increases in the amount of duty paid as a result of the addition of debited adjustment amounts for that area for any of the preceding prescribed divisions of that year; and

(b) any decreases in that amount as a result of the subtraction of credited adjustment amounts for that area for any of those divisions;

shall be disregarded.”;

(e) by omitting from paragraph (5) (a) “Import Parity Price” and substituting “price that is, at the end of the period referred to in subsection (4) in relation to the quantity of oil, the applicable petroleum price for the month in which the period comes to an end”;

(f) by inserting after subsection (5) the following subsections:

“(5a) Where:

(a) during a prescribed division of a financial year, a VOLWARE price for a month of the immediately preceding financial year is determined under section 7 of the Petroleum Excise (Prices) Act 1987; and

(b) the adjusted previous year’s duty for a prescribed intermediate production area for that division is greater than the non-adjusted previous year’s duty for that area for that division;

there is a debited adjustment amount for that area for that division, being an amount equal to the difference between that adjusted previous year’s duty and that non-adjusted previous year’s duty.

“(5b) Where:

(a) during a prescribed division of a financial year, a VOLWARE price for a month of the immediately preceding financial year is determined under section 7 of the Petroleum Excise (Prices) Act 1987; and

(b) the adjusted previous year’s duty for a prescribed intermediate production area for that division is less than the non-adjusted previous year’s duty for that area for that division;

there is a credited adjustment amount for that area for that division, being an amount equal to the difference between that non-adjusted previous year’s duty and that adjusted previous year’s duty.”;

(g) by omitting subsection (6) and substituting the following subsection:

“(6) Where, at the end of a period in a financial year, the applicable petroleum prices for the months in which the period occurs are not all the same, the amount of the notional duty in respect of a quantity of oil referred to in subsection (4) produced from a particular prescribed intermediate production area and entered for home consumption during the period is an amount equal to the relevant percentage of the sum of the amounts calculated in respect

 

of each such applicable petroleum price in operation during the period in accordance with the formula:

where:

P is the amount specified in the applicable petroleum price;

Q is the number of kilolitres in the quantity of oil referred to in subsection (4);

K is the number of kilolitres of intermediate oil produced from that production area and entered for home consumption during that part of the period during which the applicable petroleum price was in operation;

KT is the number of kilolitres of intermediate oil produced from that production area and entered for home consumption during the period.”.

Delayed-entry oil rate

11. Section 6e of the Principal Act is amended:

(a) by omitting subsection (1) and substituting the following subsection:

“(1) In this section:

‘Import Parity Price’, in relation to a particular time, means the price that was, at that time, the Import Parity Price within the meaning of section 6b.”;

(b) by omitting from subsection (2) “there was no variation in the Import Parity Price” and substituting “the Import Parity Price was the same at all times”;

(c) by omitting from subsection (2) “a variation or variations of the Import Parity Price occurred” and substituting “the Import Parity Price was not the same at all times”;

(d) by inserting in subsection (2) “at a time” after “Import Parity Price in operation” (second occurring).

Delayed-entry LP rate

12. Section 6f of the Principal Act is amended:

(a) by omitting from subsection (1) the definition of “Import Parity Price” and substituting the following definition:

“ ‘Import Parity Price’, in relation to a particular time, means the price that was, at that time, the Import Parity Price within the meaning of section 6b;”;

(b) by omitting from subsection (2) “there was no variation in the Import Parity Price” and substituting “the Import Parity Price was the same at all times”;

(c) by omitting from subsection (2) “a variation or variations of the Import Parity Price occurred” and substituting “the Import Parity Price was not the same as all times”;

 

(d) by inserting in subsection (2) “at a time” after “Import Parity Price in operation” (second occurring).

Amendments of Schedule having effect from 16 May 1987

13. The Schedule to the Principal Act is amended:

(a) by omitting from subparagraph 11 (a) (3) (a) “$0.16121” and substituting “$0.16702”;

(b) by omitting from subparagraph 11 (a) (3) (b) “$0.19150” and substituting “$0.19840”;

(c) by omitting from paragraph 11 (b) (3) “$0.19150” and substituting “$0.19840”;

(d) by omitting from paragraph 11 (c) (2) “$0.19150” and substituting “$0.19840”;

(e) by omitting from sub-item 11 (d) “$0.15313” and substituting “$0.15865”;

(f) by omitting sub-item 11 (e) and substituting the following sub-item:

“(e) Goods, as follows:

(1) Lighting kerosene

$0.04115 per litre

(2) Power kerosene

$0.04115 per litre

(3) Heating oil

$0.04115 per litre

(4) Fuel oil

$0.04115 per litre

(5) Automotive diesel oil

$0.19840 per litre

(6) Industrial diesel fuel

$0.19840 per litre

(7) Marine diesel fuel

$0.19840 per litre”;

(g) by omitting from sub-item 11 (f) $0.19150 and substituting “$0.19840”.

Amendments of Schedule having effect from 1 July 1987

14. The Schedule to the Principal Act is amended:

(a) by omitting subparagraph 11 (a) (3) (a) and substituting the following subparagraph:

“(a) For use in aircraft $0.20602 per litre”;

(b) by inserting in sub-item 17 (a) “, exempt onshore oil and exempt offshore oil” after “excepted area”;

(c) by inserting in sub-item 17 (b) “, from an exempt area or from an excluded liquid petroleum area” after “excepted area”;

(d) by inserting in sub-item 17 (c) “or from an exempt area” after “excepted area” (wherever occurring).

Amendments of Schedule having effect from 18 July 1987

15. The Schedule to the Principal Act is amended:

(a) by omitting from subparagraph 11 (a) (3) (a) “$0.20602” and substituting “$0.20569”;

 

(b) by omitting from subparagraph 11 (a) (3) (b) “$0.19840” and substituting “$0.19808”;

(c) by omitting from paragraph 11 (b) (3) “$0.19840” and substituting “$0.19808”;

(d) by omitting from paragraph 11 (c) (2) “$0.19840” and substituting “$0.19808”;

(e) by omitting from sub-item 11 (d) “$0.15865” and substituting “$0.15839”;

(f) by omitting sub-item 11 (e)and substituting the following sub-item:

“(e) Goods, as follows:

(1) Lighting kerosene

$0.04108 per litre

(2) Power kerosene

$0.04108 per litre

(3) Heating oil

$0.04108 per litre

(4) Fuel oil

$0.04108 per litre

(5) Automotive diesel oil

$0.19808 per litre

(6) Industrial diesel fuel

$0.19808 per litre

(7) Marine diesel fuel

$0.19808 per litre”;

(g) by omitting from sub-item 11 (f) “$0.19840” and substituting “$0.19808”.

Amendments of Schedule having effect from 15 August 1987

16. The Schedule to the Principal Act is amended:

(a) by omitting from subparagraph 11 (a) (3) (a) “$0.20569” and substituting “$0.20870”;

(b) by omitting from subparagraph 11 (a) (3) (b) “$0.19808” and substituting “$0.20097”;

(c) by omitting from paragraph 11 (b) (3) “$0.19808” and substituting “$0.20097”;

(d) by omitting from paragraph 11 (c) (2) “$0.19808” and substituting “$0.20097”;

(e) by omitting from sub-item 11 (d) “$0.15839” and substituting “$0.16070”;

(f) omitting sub-item 11 (e) and substituting the following sub-item:

“(e) Goods, as follows:

(1)

Lighting kerosene

$0.04168 per litre

(2)

Power kerosene

$0.04168 per litre

(3)

Heating oil

$0.04168 per litre

(4)

Fuel oil

$0.04168 per litre

(5)

Automotive diesel oil

$0.20097 per litre

(6)

Industrial diesel fuel

$0.20097 per litre

(7)

Marine diesel fuel

$0.20097 per litre”;

(g) by omitting from sub-item 11 (f) “$0.19808” and substituting “$0.20097”.

 

Amendment of Schedule having effect from 22 August 1987

17. The Schedule to the Principal Act is amended by omitting sub-item 11 (e) and substituting the following sub-item:

“(e) - Goods, as follows:

(a) automotive diesel oil;

(b) fuel oil;

(c) heating oil;

(d) industrial diesel fuel;

(e) lighting kerosene;

(f) marine diesel fuel;

(g) power kerosene:

(1)

- - As prescribed by Departmental By-laws

Free

(2)

- - Goods, as follows:

(a) automotive diesel oil;

(b) industrial diesel fuel;

(c) marine diesel fuel

$0.20097

per litre

(3)

- - Other

$0.04168

per litre”.

NOTE

1. No. 26, 1921, as amended. For previous amendments, see No. 28, 1924; No. 28, 1926; No. 4, 1928; Nos. 20 and 21, 1933; No. 17, 1936; Nos. 24 and 70, 1938; Nos. 29, 54 and 65, 1939; Nos. 3, 4, 14 and 93, 1948; Nos. 77 and 82, 1949; Nos. 61, 62 and 80, 1950; No. 83, 1952; No. 78, 1953; Nos. 16, 59 and 87, 1956; No. 82, 1957; No. 19, 1958; Nos. 26, 65 and 66, 1959; Nos. 26 and 57, 1960; Nos. 21 and 55, 1961; No. 73, 1962; Nos. 41 and 91, 1963; No. 125, 1964; Nos. 83 and 140, 1965; Nos. 18 and 82, 1967; Nos. 74 and 75, 1968; Nos. 5 and 33, 1969; No. 81, 1970; No. 108, 1971; Nos. 22, 64 and 119, 1972; Nos. 20, 23, 146 and 216, 1973; No. 121, 1974; Nos. 104 and 136, 1977; Nos. 48 and 184, 1978; Nos. 81, 83 and 164, 1979; Nos. 43, 44, 45 and 122, 1980; No. 50, 1981; Nos. 45, 54 and 80, 1982; Nos. 27 and 99, 1983; Nos. 53, 72 and 131, 1984; Nos. 41 and 189, 1985; Nos. 20 and 160, 1986; and Nos. 53 and 76, 1987.

[Minister’s second reading speech made in—

House of Representatives on 18 November 1987

Senate on 25 November 1987

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