Offshore Petroleum and Greenhouse Gas Storage (Registration Fees) Act 2006 (Cth)
| Offshore Petroleum and Greenhouse Gas Storage (Registration Fees) Act 2006 Act No. 16 of 2006 as amended This compilation was prepared on 16 October 2009 The text of any of those amendments not in force The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section Prepared by the Office of Legislative Drafting and Publishing, Contents Part 1—Introduction 1 1............ Short title [see Note 1]....................................................................... 1 2............ Commencement.................................................................................. 1 3............ Application of Chapter 1 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 2 4............ Application of Part 4.1 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 2 4A......... Application of Part 5.1 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 2 Part 2—Petroleum titles 3 5............ Imposition of fee—transfer of a petroleum title................................ 3 6............ Imposition of fee—approval of dealing relating to a petroleum title. 6 Part 3—Greenhouse gas titles 11 6A......... Imposition of fee—transfer of a greenhouse gas title....................... 11 6B......... Imposition of fee—approval of dealing relating to a greenhouse gas title 14 Part 4—Miscellaneous 19 7............ Regulations....................................................................................... 19 8............ Transitional provisions..................................................................... 19 Schedule 1—Transitional provisions 20 1............ Pre‑commencement entries etc......................................................... 20 2............ Transitional—regulations................................................................. 20 3............ Re‑enactment of the Petroleum (Submerged Lands) (Registration Fees) Act 1967 21 Notes 23 An Act to impose, as taxes, fees for the registration under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of transfers of titles and approvals of dealings Part 1—Introduction 1 Short title [see Note 1] This Act may be cited as the Offshore Petroleum and Greenhouse Gas Storage (Registration Fees) Act 2006. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent. (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act. 3 Application of Chapter 1 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 Chapter 1 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 applies to this Act in a corresponding way to the way in which it applies to the Offshore Petroleum and Greenhouse Gas Storage Act 2006. Note: This means, for example, that the definitions in section 7 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 apply to this Act. 4 Application of Part 4.1 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 Part 4.1 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 applies to Part 2 of this Act in a corresponding way to the way in which it applies to Chapter 4 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006. Note: This means, for example, that the definitions of Register and title in section 467 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 apply to Part 2 of this Act. 4A Application of Part 5.1 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 Part 5.1 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 applies to Part 3 of this Act in a corresponding way to the way in which it applies to Chapter 5 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006. Note: This means, for example, that the definitions of Register and title in section 519 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 apply to Part 3 of this Act. Part 2—Petroleum titles 5 Imposition of fee—transfer of a petroleum title Imposition of fee (1) A fee is imposed on the entry in the Register of a memorandum of the transfer of a title, where the entry is made under section 479 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 after the commencement of this section. Amount of fee (2) The amount of the fee is worked out using the table:
(3) Different amounts may be prescribed for different items of the table. Tax (4) The fee imposed by this section is imposed as a tax. Note: For collection of fees, see Part 6.7 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006. 6 Imposition of fee—approval of dealing relating to a petroleum title Imposition of fee (1) A fee is imposed on the entry in the Register of the approval of a dealing, where the entry is made under section 494 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 after the commencement of this section. Amount of fee (2) The amount of the fee is worked out using the table:
(3) Different amounts may be prescribed for different items of the table. Deduction from the value of the consideration for a dealing (4) For the purposes of subsection (2), deduct from the value of the consideration for a dealing the value, as determined by the Designated Authority, of any exploration works that were, as at the date of the instrument evidencing the dealing: (a) to be carried out under the dealing; and (b) required or permitted to be carried out by or under the relevant title. Deduction from the value of the interest in a petroleum production licence (5) For the purposes of subsection (2), deduct from the value of the interest in a petroleum production licence the value, as determined by the Designated Authority, of any exploration works that were, as at the date of the instrument evidencing the dealing: (a) to be carried out under the dealing; and (b) permitted to be carried out by or under the licence. Tax (6) The fee imposed by this section is imposed as a tax. Note: For collection of fees, see Part 6.7 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006. Part 3—Greenhouse gas titles 6A Imposition of fee—transfer of a greenhouse gas title Imposition of fee (1) A fee is imposed on the entry in the Register of a memorandum of the transfer of a title, where the entry is made under section 530 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 after the commencement of this section. Amount of fee (2) The amount of the fee is worked out using the table:
(3) Different amounts may be prescribed for different items of the table. Tax (4) The fee imposed by this section is imposed as a tax. Note: For collection of fees, see Part 6.7 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006. 6B Imposition of fee—approval of dealing relating to a greenhouse gas title Imposition of fee (1) A fee is imposed on the entry in the Register of the approval of a dealing, where the entry is made under section 544 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 after the commencement of this section. Amount of fee (2) The amount of the fee is worked out using the table:
(3) Different amounts may be prescribed for different items of the table. Deduction from the value of the consideration for a dealing (4) For the purposes of subsection (2), deduct from the value of the consideration for a dealing the value, as determined by the responsible Commonwealth Minister, of any exploration works that were, as at the date of the instrument evidencing the dealing: (a) to be carried out under the dealing; and (b) required or permitted to be carried out by or under the relevant title. Deduction from the value of the interest in a greenhouse gas injection licence (5) For the purposes of subsection (2), deduct from the value of the interest in a greenhouse gas injection licence the value, as determined by the responsible Commonwealth Minister, of any exploration works that were, as at the date of the instrument evidencing the dealing: (a) to be carried out under the dealing; and (b) permitted to be carried out by or under the licence. Tax (6) The fee imposed by this section is imposed as a tax. Note: For collection of fees, see Part 6.7 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006. Part 4—Miscellaneous 7 Regulations The Governor‑General may make regulations for the purposes of this Act. 8 Transitional provisions Schedule 1 has effect. Schedule 1—Transitional provisions Note: See section 8. 1 Pre‑commencement entries etc. (1) Despite the repeal of the Petroleum (Submerged Lands) (Registration Fees) Act 1967, that Act continues to apply, in relation to an entry made before the commencement of this clause, as if that repeal had not happened. (2) Item 3 of the table in subsection 5(2) of this Act, and items 2, 4 and 6 of the table in subsection 6(2) of this Act, have effect as if each reference in those items to section 6 of this Act included a reference to subsection 4(5) of the repealed Petroleum (Submerged Lands) (Registration Fees) Act 1967. (3) Item 4 of the table in subsection 5(2) of this Act has effect as if the reference in that item to section 5 of this Act included a reference to subsection 4(2) of the repealed Petroleum (Submerged Lands) (Registration Fees) Act 1967. 2 Transitional—regulations (1) This clause applies to regulations if: (a) the regulations were in force immediately before the commencement of this clause; and (b) the regulations were made for the purposes of a particular provision of the Petroleum (Submerged Lands) (Registration Fees) Act 1967. (2) The regulations have effect, after the commencement of this clause, as if: (a) they had been made for the purposes of the corresponding provision of this Act; and (b) any requirement imposed by this Act or the Legislative Instruments Act 2003 in relation to the making of the regulations (including a requirement about the form of words) had been satisfied. (3) Subclause (2) does not prevent the regulations continuing to have effect for the purposes of a particular provision of the Petroleum (Submerged Lands) (Registration Fees) Act 1967 as that Act continues to apply after its repeal because of clause 1 of this Schedule. (4) For the purposes of this clause, in determining whether a provision is a corresponding provision: (a) regard must be had to the substance of the provision; and (b) if the provision appears to have expressed the same idea in a different form of words for the purpose of using a clearer style—disregard the difference. 3 Re‑enactment of the Petroleum (Submerged Lands) (Registration Fees) Act 1967 This Act re‑enacts the Petroleum (Submerged Lands) (Registration Fees) Act 1967 with certain modifications. Note: Section 15AC of the Acts Interpretation Act 1901 provides that if an Act has expressed an idea in a particular form of words, and a later Act appears to have expressed the same idea in a different form of words for the purpose of using a clearer style, the ideas shall not be taken to be different merely because different forms of words were used. Notes to the Offshore Petroleum and Greenhouse Gas Storage (Registration Fees) Act 2006 Note 1 The Offshore Petroleum and Greenhouse Gas Storage (Registration Fees) Act 2006 as shown in this compilation comprises Act No. 16, 2006 amended as indicated in the Tables below. Table of Acts
(a) Subsection 2(1) (item 4) of the Offshore Petroleum (Registration Fees) Amendment (Greenhouse Gas Storage) Act 2008 provides as follows: (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Table of Amendments
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