Liquefied Petroleum Gas (Grants) Amendment Act 1981 (NSW)

LIQUEFIED PETROLEUM GAS (GRANTS)

AMENDMENT ACT, 1981, No. 32

Jleto &oufy Males;

ELIZABETHS n R E G I N J E

* * # * * * * * * * * * t * * * * * ; : * * * * * * * * * * * * * * * * * *

Act No. 32, 1981.

An Act to amend the Liquefied Petroleum Gas (Grants) Act, 1980, so as to extend the operation of a scheme granting financial assistance in relation to certain uses of liquefied petroleum gas and gas produced by the use of liquefied gas or naphtha; and for other purposes. [Assented to, 14th

May, 1981.]

2   Act No. 32, 1981.

Liquefied Petroleum Gas {Grants) Amendment.

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:—

Short title.

1. This Act may be cited as the "Liquefied Petroleum Gas (Grants)

Amendment Act, 1981".

Commencement.

2. (1) This section, section 1, section 3 in its application to Schedule 1 (3) and Schedule 1 (3) shall commence on the date of assent to this Act.

(2) Except as provided in subsection (1), this Act shall be deemed to

have commenced on 30th September, 1980.

Amendment of Act No. 175, 1980.

3. The Liquefied Petroleum Gas (Grants) Act, 1980, is amended in the

manner set forth in Schedule 1.

Validation.

4. Any act, matter or thing—

(a)	which was done or omitted to be done on or after 30th September, 1980, but before the date of assent to this Act; and
(b)	which could have been lawfully done or omitted to be done only if this Act had been in force when the act, matter or thing was done or omitted to be done,

is hereby validated.

Act No. 32, 1981. 3

Liquefied Petroleum Gas (Grants) Amendment.

SCHEDULE 1.

(Sec. 3.)

AMENDMENTS TO THE LIQUEFIED PETROLEUM GAS

(GRANTS) ACT, 1980.

(1) Long t i t l e -

Omit "non-commercial".

(2) (a) Section 3 ( 1 ) , definition of "eligible use"—

(i) From paragraph (b), omit "person; or", insert instead

• "person;".

(ii) In paragraph (c), after "individuals;", insert "or".

(hi) After paragraph (c), insert:—

(d) any other use of the gas, outside a natural gas area, not being the use of the gas—

(i) in a prescribed industry; or

(ii)   in the propulsion of a vehicle, other than a works truck;

(b) Section 3 (1), definitions of "industry", "natural gas area", "prescribed industry"—

After the definition of "function", insert:—

"industry" means a primary, secondary or tertiary industry, and includes a field of governmental activity, of public or community services (including health and education services) and of entertainment, sport or recreation;

"natural gas area" means a part of Australia that is, by virtue of a declaration in force under section 3A (1) of the Commonwealth Act, a natural gas area for the purposes of that Act;

4   Act No. 32, 1981.

Liquefied Petroleum Gas (Grants) Amendment.

SCHEDULE 1—continued.

AMENDMENTS TO THE LIQUEFIED PETROLEUM GAS

(GRANTS) ACT, 1980—continued.

"prescribed industry" means an industry, or part of an

industry, that is, by virtue of a declaration under section

3B (1) of the Commonwealth Act, a prescribed industry

for the purposes of that Act;

(c) Section 3 (1) , definition of "scheme"—

Omit "Act.", insert instead "Act;".

(d) Section 3 (1) , definitions of "use", "works truck"—

After the definition of "scheme", insert:—

"use", in relation to liquefied petroleum gas or eligible

reticulation gas, does not include sale or exchange;

"works truck" means—-

(a) a fork-lift truck; or

(b) any other vehicle designed for use at a factory, warehouse, dock, airport or similar place in transporting goods over short distances or in otherwise handling goods.

(e) Section 3 ( 2 A ) , ( 2 B ) —

After section 3 (2) , insert:—

(2A) A reference in this Act to liquefied petroleum gas sold for eligible use does not include a reference to any liquefied petroleum gas that, by virtue of a determination under a pro- vision of the scheme, is deemed to have been sold otherwise than for eligible use.

Act No. 32, 1981. 5

Liquefied Petroleum Gas (Grants) Amendment.

SCHEDULE 1—continued.

AMENDMENTS TO THE LIQUEFIED PETROLEUM GAS

(GRANTS) ACT, 1980—continued.

( 2 B ) A reference in this Act to eligible reticulation gas sold

for eligible use does not include a reference to any eligible reticulation gas that, by virtue of a determination under a provision of the scheme, is deemed to have been sold otherwise than for eligible use.

(3) Section 13 (3)—

Omit "made", insert instead "made, and may inspect the books, documents and other records relating to the purchase or use of that gas".

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