Liquefied Petroleum Gas Subsidy Act 1980 (Qld)

819 ANNO VICESIMO NONO ELIZABETHAE SECUNDAE REGINAE No. 52 of 1980 An Act to subsidize the distribution of liquefied petroleum gas and gas produced by the use of liquefied petroleum gas or naphtha when sold for certain non-commercial uses ASSENTED To 22ND SEPTEMBER, iSRO]

820 Liquefied Petroleum Gas Subsidy Act 1980, No. 52 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:-- 1. Short title. This Act may be cited as the Liquefied Petroleum Gas Subsidy Act 1980. 2. Commencement . This Act shall commence on a date to be appointed by Proclamation. 3. Meaning of terms. (1) In this Act save where a contrary intention appears " authorized officer " means a person appointed to be an authorized officer under section 6; " Commonwealth Act " means the Liquefied PetroleumGas(Grants) Act1980 of the Commonwealth as amended from time to time; " Commonwealth Minister " means the Minister of State of the Commonwealth for the time being administering the Commonwealth Act and includes any person for the time being performing the functions of that Minister; " eligible gas " means- (a) liquefied petroleum gas; or (b) eligible reticulation gas; " eligible reticulation gas " means gas supplied to premises by means of pipes, being gas the production of which involves the use of liquefied petroleum gas or naphtha; eligible use ", in relation to liquefied petroleum gas or eligible reticulation gas, means- (a) the use of the gas at residential premises in providing food and drink for, in providing heating, air-conditioning, hot water or similar amenities for, or in meeting other domestic requirements of, residents of the premises; (b) the use of the gas at a hospital, nursing home or other institution providing medical or nursing care, not being an institution conducted for the profit, direct or indirect, of a person; or (c) the use of the gas at a school, not being a school conducted for the profit, direct or indirect, of an individual or individuals; " Minister " means the Treasurer or other Minister of the Crown for the time being charged with the administration of this Act and includes any person for the time being performing the duties of the Minister; " registered distributor " means- (a) a registered distributor of liquefied petroleum gas; or (b) a registered distributor of eligible reticulation gas;

Liquefied Petroleum Gas Subsidy Act 1980, No. 52 821 " registered distributor of eligible reticulation gas " means a distributor of eligible reticulation gas who is registered as such a distributor in accordance with the scheme; " registered distributor of liquefied petroleum gas " means a distributor of liquefied petroleum gas who is registered as such a distributor in accordance with the scheme; residential premises " means- (a) premises used as a house; or (b) other premises at which at least one person resides, but does not include- (c) premises used to conduct the business of a hotel, motel or boarding house or a similar business; (d) premises used as a hospital, nursing home or other institution providing medical or nursing care; (e) premises used as a boarding school; or (f) premises referred to in paragraph (b) that are included in a class of premises declared by the Commonwealth Minister, by notice published in the Australian Government Gazette, to be a class of premises that are not residential premises for the purposes of the Commonwealth Act; " scheme " means the scheme, as in force from time to time, formulated by the Commonwealth Minister in relation to the State for the purposes of the Commonwealth Act. (2) A reference in this Act to liquefied petroleum gas sold for eligible use shall be read as including a reference to liquefied petroleum gas that, by virtue of a provision of the scheme, is deemed to have been sold for eligible use. (3) A reference in this Act to an Act of another State shall be read as including a reference to a law of the Northern Territory. 4. Calculation of subsidy . There are payable, in accordance with this Act, to registered distributors amounts ascertained in accordance with the scheme. 5. Advance on account of subsidy. The Minister may authorize an advance on account of a payment under this Act to be made in accordance with the scheme to a registered distributor on such terms and conditions (including conditions with respect to the giving to purchasers from the distributor of eligible gas for eligible use of the benefit of the amount of the advance) as the Minister thinks fit. 6. Authorized officers . (1) The Minister may by notification published in the Gazette appoint persons to be authorized officers for the purposes of this Act. (2) A person may be appointed to be such an authorized officer notwithstanding that he is an officer of the Commonwealth.

822 Liquefied Petroleum Gas Subsidy Act 1980, No. 52 (3) An officer of the Commonwealth shall not be appointed to be such an authorized officer without the consent of the Commonwealth Minister. 7. Claims for payments . A claim by a registered distributor for a payment under this Act shall be made to an authorized officer and in accordance with the regulations. 8. Certificates . (1) An authorized officer shall examine each claim for a payment under this Act made to him and shall, if he is satisfied that an amount is payable to the claimant, give a certificate in writing to that effect. (2) An authorized officer who is examining a claim for a payment under this Act may give a certificate in writing- (a) that a specified person sold a specified quantity of liquefied petroleum gas for eligible use on a specified date; (b) that a specified quantity of liquefied petroleum gas or naphtha was purchased by. delivered to, or used in the production of eligible reticulation gas by, a specified person on a specified date; or (c) that a specified person sold a specified quantity of eligible reticulation gas for eligible use, or sold a specified quantity of eligible reticulation gas. during a specified period. (3) Where an authorized officer is satisfied that an amount paid to a person under this Act (including an amount paid by way of an advance) was not payable to the person or exceeded the amount that was payable to the person. he may give a certificate in writing that the amount paid or the amount of the excess, as the case may be. is an overpayment to that person by the State. (4) The Auditor-General of the State shall treat a certificate under this section as correct in all respects. (5) For the purposes of this Act. a document purporting to be a certificate referred to in this section shall. unless the contrary is proved, be deemed to be such a certificate and to have been duly given. 9. Payments . Where a certificate is given under section 8 (1), the Minister shall authorize an amount equal to the amount specified in the certificate to be paid to the person in respect of whom the certificate was given. 10. Overpayments . (1) Where an amount paid to a person under this Act (including an amount paid by way of an advance) was not payable to the person or exceeded the amount that was payable to the person, that amount is an overpayment to that person by the State which that person is liable to repay to the State and the State may recover the amount in a court of competent jurisdiction as a debt due to the State.

Liquefied Petroleum Gas Subsidy Act 1980. N0. 52 823 (2) In proceedings in a court against a person for the recovery of an amount by reason that it is an overpayment to the person by the State. a certificate under section 8 (3) that the amount is such an overpayment shall be evidence, and in the absence of evidence to the contrary conclusive evidence that that amount is such an overpayment. 11. Securities . Art authorized officer may require a registered distributor to give security in an amount determined by the authorized officer by bond, guarantee or cash deposit. or by all or any of those methods, for compliance by him with the provisions of this Act or for the purposes of an undertaking given by him for the purposes of this Act, and the distributor is not entitled to a payment under this Act unless he gives security accordingly. 12. Preservation of accounts , etc. (I) A person who receives a payment under this Act in respect of the sale of any liquefied petroleum gas shall preserve the accounts, books, documents and other records relating to that sale until the expiration of 12 months after the date of making the claim in respect of which the payment was made. (2) A person who receives a payment under this Act in respect of the purchase by him of any liquefied petroleum gas or naphtha delivered to him during a period shall preserve the accounts, books, documents and other records relating to that purchase or to the production or sale by him of eligible reticulation gas during that period until the expiration of two years after the date of making the claim in respect of which the payment was made. (3) A person who fails to comply with the requirements of subsection (I) or (2) commits an offence against this Act. Penalty: 51000. 13. Stocktaking and inspection of accounts , etc. (l) For the purposes of this Act or an Act of another State relating to subsidy for the sale of liquefied petroleum gas or the purchase of liquefied petroleum gas or naphtha, an authorized officer may at all reasonable times (a) enter- (i) any premises of a registered distributor or of a person who is registered as a distributor of liquefied petroleum gas or a distributor of eligible reticulation gas in accordance with a scheme formulated by the Commonwealth Minister in relation to another State or the Northern Territory for the purposes of the Commonwealth Act: or (ii) any vehicle used by such a distributor or person for the carriage of any liquefied petroleum gas: (b) inspect the accounts. books, documents and other records kept by such a distributor or person relating to the sale of liquefied petroleum gas, the production or sale of eligible reticulation gas or the purchase of liquefied petroleum gas or naphtha.

824 Liquefied Petroleum Gas Subsidy Act 1980. No. 52 (2) The occupier of any premises or any person in charge of any vehicle referred to in subsection (1) shall provide the authorized officer with all reasonable facilities and assistance for the effective exercise of his powers under this section. (3) For the purposes of this Act or an Act of another State relating to subsidy for the sale of liquefied petroleum gas or the purchase of liquefied petroleum gas or naphtha, an authorized officer may, at all reasonable times, enter any premises to which eligible gas has been or is supplied by- (a) a registered distributor; or (b) a person who is registered as a distributor of liquefied petroleum gas or a distributor of eligible reticulation gas in accordance with a scheme formulated by the Commonwealth Minister in relation to another State or the Northern Territory for the purposes of the Commonwealth Act, being gas in relation to which a claim for payment has been made under this Act or, as the case may be. an Act of another State relating to subsidy for the sale of liquefied petroleum gas or the purchase of liquefied petroleum gas or naphtha. (4) Any person who obstructs, molests or hinders an authorized officer in the exercise of his powers under this section commits an offence against this Act. Penalty: $500. 14. Power to require a person to answer questions and produce documents . (1) An authorized officer may, by notice signed by him, require a person whom he believes to be capable of giving information relevant to a claim for a payment under this Act or an Act of another State relating to subsidy in respect of the sale of liquefied petroleum gas or the purchase of liquefied petroleum gas or naphtha to attend before him at the time and place specified in the notice and there to answer questions and produce to him such accounts, books. documents and other records in relation to the claim as are referred to in the notice. (2) The authorized officer may make and retain copies of, or take extracts from, any accounts, books, documents or other records produced in pursuance of this section. (3) A person is not excused from answering a question or producing any accounts, books, documents or other records when required so to do under this section on the ground that the answer to the question, or the production of the accounts, books, documents or other records, might tend to incriminate him or make him liable to a penalty, but his answer to any such question is not admissible in evidence against him in proceedings other than proceedings for an offence against paragraph (c) of section 16 (1) or paragraph (c) of section 16 (2). 15. Power to examine on oath . (1) An authorized officer may examine, on oath or affirmation, a person attending before him in pursuance of section 14 and, for that purpose, may administer an oath or affirmation to that person.

Liquefied Petroleum Gas Subside Act 1980. No. 52 825 (2) The oath or affirmation to be made by a person for the purpose of subsection (1) is an oath or affirmation that the answers he will give to questions asked him will be true. 16. Offences . (1) A person shall not, without reasonable excuse, refuse or fail- (a) to attend before an authorized officer; (b) to be sworn or make an affirmation; or (c) to answer a question or produce an account , book, document or other record, when so required in pursuance of this Act. Penalty: $1 000. (2), A person shall not - (a) obtain a payment under this Act that, to the knowledge of the person , is not payable; (b) obtain, or attempt to obtain, a payment under this Act by means of a statement that, to the knowledge of the person, is false or misleading in a material particular; or (c) present to an authorized officer or other person doing duty in relation to this Act an account, book, document or other record or make to such an officer or person a statement that, to the knowledge of the person, contains information that is false or misleading in a material particular. Penalty: $2 000 or imprisonment for 12 months. (3) For the purposes of subsection (2). a matter shall be deemed to be within the knowledge of a person being a body corporate if the matter is within the knowledge of a director or officer of the body corporate. (4) Where a person is convicted of an offence against subsection (2). the Court may, in addition to imposing a penalty under that subsection, order that person to refund to the State the amount of any payment under this Act wrongfully obtained by that person. (5) Where a court has made an order under subsection (4), a certificate under the hand of the registrar of the court specifying the amount ordered to be refunded and the person by whom the amount is payable may be filed in a court having civil jurisdiction to the extent of that amount and is thereupon enforceable in all respects as a final judgment of that court. 17. Prosecution of offences . (I) A person who contravenes or fails to comply with a provision of this Act commits an offence against this Act. (2) Proceedings in respect of offences against this Act shall be by way of summary proceedings under the Justices Act1886-1980, upon the complaint of any authorized officer or of any person, other than an authorized officer, who is thereunto authorized in writing by the Minister.

826 Liquefied Petroleum Gas Subsidy Act 1980, No. 52 (3) Notwithstanding section 7 or 23 of The Criminal Code, or any other Act or law, or any rule or practice of law, where any person commits an offence against this Act as an agent or employee, the principal or employer of such person shall be deemed to have taken part in committing the offence, and to be guilty of the offence, and may be charged with actually committing it. It shall be immaterial that the offence was committed without the authority or contrary to the instruction of the principal or employer. (4) A person shall not be liable to be convicted for an offence against this Act committed by him as an employee if the adjudicating court is satisfied that the offence was committed at a time and place when and where the business of his employer was being conducted under the personal superintendence of such employer or of a manager or other representative of such employer, and that the offence was committed with the knowledge of such employer, manager or other representative. (5) Save as provided by subsection (4), this section applies so as not to prejudice any liability imposed under this Act upon any person by whom any offence against this Act is actually committed. (6) Where a body corporate offends against this Act each and every one of the following persons shall be deemed to have committed the. offence, and shall be liable to be proceeded against and punished accordingly, namely:- (a) the managing director, manager, or other governing officer, by whatever name called, and every member of the governing body, by whatever name called, thereof; and (b) every person who in Queensland manages or acts or takes part in the management, administration or government of the business in Queensland of the body corporate. This subsection applies so as not to limit or affect the liability of a body corporate to be proceeded against and punished for an offence against this Act committed by it. (7) No person who is proceeded against pursuant to subsection (6) shall be convicted if he satisfies the court that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to all the circumstances. 18. Delegation . (1) The Minister may, either generally or otherwise as provided in the instrument of delegation, by writing under his hand delegate all or any of his powers under this Act (except this power of delegation). (2) A power so delegated may be exercised by the delegate in accordance with the instrument of delegation. (3) A delegation under this section is revocable at will and does not prevent the exercise of a power by the Minister.

Liquefied Petroleum Gas Subsidy Act 1980, No. 52 827 19. Financial provisions . (1) There shall be established in the Treasury a trust fund to be called the Commonwealth Liquefied Petroleum Gas Subsidies Fund, in this section referred to as " the Fund ". (2) There shall be credited to the Fund- (a) all sums of money received by the State from the Commonwealth by way of financial assistance under the Commonwealth Act; and (b) all amounts recovered by the State pursuant to section 10. (3) There shall be debited to the Fund all amounts paid to registered distributors pursuant to this Act. 20. Regulations . (1) The Governor in Council may make regulations not inconsistent with this Act providing with respect to- (a) the manner in which claims for payment under this Act shall be paid; (b) the information to be furnished by claimants in connexion with claims for payments under this Act; (c) all matters that in his opinion are necessary or convenient to be prescribed for the proper administration of this Act; (d) all matters that in his opinion are necessary or convenient to be prescribed to achieve the objects and purposes of this Act. (2) The regulations may impose penalties (not exceeding S200) and punishments for any breach thereof and, where a pecuniary penalty is imposed, may be recovered by way of summary proceedings under the Justices Act1886-1980 and in any other case may be enforced in such manner as may be provided for in the regulations. 1) Q