Primary Industries and Energy Legislation Amendment Act (No. 1) 1998 (Cth)
This compilation was prepared on 24 May 2001
[Schedule 3 (item 1) amended Schedule 1 (item 47(1)(a))
The amendment commenced on 30 July 1998]
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
1 Short title ...........................................................................................1
2 Commencement.................................................................................1
3 Schedule(s) ........................................................................................1
2 |
2 | |
2 | |
3 | |
4 | |
4 | |
4 |
26 Support to be by way of grant............................................................5
54A | Conversion of farm household support payments into grants............5 |
5 | |
6 | |
6 |
38BB | Application by licensee for lease .......................................................6 |
38BC | Grant or refusal of lease in relation to application by licensee ..........7 |
38BD | Application of sections 38BB and 38BC where licence is transferred..........................................................................................9 |
53A | Termination of licence if no operations for 5 years ...........................9 |
16 | |
16 | |
17 | |
17 |
18 |
18 | |
18 |
24AIC | Farm household support ..................................................................18 |
18 |
53-25 | Amounts of farm household support converted into grants .............20 |
Primary Industries and Energy Legislation Amendment Act (No. 1) 1998
iii
[
This Act may be cited as the
Primary Industries and Energy
Legislation Amendment Act (No. 1) 1998 .
This Act commences on the day on which it receives the Royal
Assent.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect
according to its terms.
Primary Industries and Energy Legislation Amendment Act (No. 1) 1998
1992
Omit “7”, substitute “8”.
Repeal the paragraph, substitute:
(e) | one director has experience in occupational health and safety; and |
(f) | one director has experience in the development or administration of Commonwealth government policy, or in the operation or management of a statutory authority established by or under a law of the Commonwealth, as an officer or employee of the authority. |
Repeal the section.
Omit “with the written approval of the Minister”.
Omit “with the written approval of the Minister”.
Omit “with the written approval of the Minister,”.
After “other than”, insert “its powers under section 37 or 40 or”.
Repeal the paragraph, substitute:
Amendment of Acts
(b) 3, 4 or 5 other members.
Repeal the paragraph, substitute:
(a) | a majority of the members of the Committee constitutes a quorum; and |
Omit “Except with the written approval of the Minister, the”, substitute
“The”.
After “this Act”, insert “(except its powers under section 37 or 40 in their application in relation to the General Manager of the Board)”.
Omit “, subject to the approval of the Minister,”.
Add:
; or (e) it is not in accordance with such provisions (if any) relating to the description and presentation of wine as are prescribed for the purposes of this paragraph.
Insert:
(5A) The description and presentation of wine is misleading if it is not in accordance with such provisions (if any) relating to the description and presentation of wine as are prescribed for the purposes of this subsection.
Omit “and (5)”, substitute “, (5) and (5A)”.
After “other than”, insert “its powers under subsection 30(2) or”.
Primary Industries and Energy Legislation Amendment Act (No. 1) 1998
1993
Omit “, subject to the approval of the Minister,”.
Omit “Subject to subsection (3), the”, substitute “The”.
Repeal the subsection.
After “this Act”, insert “(except its powers under paragraph 42(3)(a))”.
Repeal the subsections.
Omit “, subject to the approval of the Minister,”.
Omit “Subject to subsection (4), the”, substitute “The”.
Repeal the subsection.
Repeal the definition.
Repeal the sections.
Amendment of Acts
Repeal the section, substitute:
Farm household support is paid to a person by way of grant of
financial assistance to the person.
Repeal the Division.
Repeal the subsections.
Repeal the subsections.
Repeal the Part.
Insert:
(1) The total amount of farm household support paid to a person by
way of loan before the commencement of this section, to the extent
that it had not already been repaid to the Commonwealth or
converted into a grant before that commencement, is converted into
a grant by force of this section.
(2) This section does not affect the operation of section 56.
Omit “with the written approval of the Minister”.
Omit “with the written approval of the Minister”.
Primary Industries and Energy Legislation Amendment Act (No. 1) 1998
Add “, except the Authority’s powers under section 47 or 50”.
1987
Omit “and approved, in writing, by the Minister”.
Omit “with the written approval of the Minister”.
Omit “with the written approval of the Minister,”.
After “other than”, insert “its powers under section 36 or 37”.
Insert:
(1) If:
(a) | a licence is in force under paragraph 53(1)(c) or subsection 53(2) in respect of a block or blocks; and |
(b) | no operations for the recovery of petroleum are being carried on under the licence in respect of an area (the |
(i) that consists of, or consists of part of, the block or blocks; and
(ii) in which petroleum has been found to exist;
the licensee may, within the application period, apply to the in respect of the unused area.
(2) An application under subsection (1):
Amendment of Acts
(a) is to be in accordance with an approved form; and
(b) is to be made in an approved manner; and
(c) is to be accompanied by particulars of:
(i) the proposals of the applicant for work and expenditure in respect of the unused area; and
(ii) the commercial viability of the recovery of petroleum from the unused area at the time of the application, and particulars of the possible future commercial viability of the recovery of petroleum from that area; and
(d) | may set out any other matters that the applicant wishes to be considered; and |
(e) is to be accompanied by the prescribed fee.
(3) The Designated Authority may, at any time, by written notice
served on the applicant, require the applicant to give, within the
period stated in the notice, further written information in
connection with the application.
(4) The application period in respect of an application under this
section by a licensee is the period of 5 years that began on:
(a) the day on which the licence was granted; or
(b) | if any operations for the recovery of petroleum have been carried on under the licence in respect of the unused area— the last day on which any such operations were so carried on. |
(1) If:
(a) an application has been made under section 38BB; and
(b) | the applicant has given any further information as and when required by the Designated Authority under subsection 38BB(3); and |
(c) | the Joint Authority is satisfied that recovery of petroleum from the unused area: |
(i) is not, at the time of the application, commercially viable; and
(ii) is likely to become commercially viable within the period of 15 years after that time;
Primary Industries and Energy Legislation Amendment Act (No. 1) 1998
the Joint Authority must, by written notice served on the applicant,
inform the applicant that it is prepared to grant to the applicant a
lease in respect of the unused area.
(2) If an application has been made under section 38BB and:
(a) | the applicant has not given further information as and when required by the Designated Authority under subsection 38BB(3); or |
(b) | the Joint Authority is not satisfied as to the matters referred to in paragraph (1)(c) in relation to the unused area; |
the Joint Authority must, by written notice served on the applicant,
refuse to grant a lease to the applicant.
(3) A notice under subsection (1) must contain:
(a) | a summary of the conditions subject to which the lease is to be granted; and |
(b) | a statement to the effect that the application will lapse if the applicant does not make a request under subsection (4) in respect of the grant of the lease. |
(4) An applicant on whom a notice has been served under
subsection (1) may, within one month after the date on which the
notice was served, or within such further period, not exceeding one
month, as the Designated Authority, on written application made to
the Designated Authority before the end of the first-mentioned
period of one month, allows, request the Joint Authority in writing
to grant the lease to the applicant.
(5) If an applicant on whom a notice has been served under
subsection (1) has made a request under subsection (4) within the
period applicable under subsection (4), the Joint Authority must
grant to the applicant a retention lease in respect of the unused
area.
(6) If an applicant on whom a notice has been served under
subsection (1) has not made a request under subsection (4) within
the period applicable under subsection (4), the application lapses at
the end of that period.
(7) On the day on which a lease granted under this section in respect of
an unused area comes into force, the licence in respect of the block
Amendment of Acts
or blocks of which the area consists or in which the area is
included ceases to be in force in respect of the area.
transferred If:
(a) | after an application has been made under subsection 38BB(1) in relation to an area consisting of or included in a block or blocks in respect of which a licence is in force; and |
(b) | before a decision has been made by the Joint Authority under subsection 38BC(1) or (2) in relation to the application; |
a transfer of the licence is registered under section 78,
sections 38BB and 38BC have effect, after the time of the transfer,
as if any reference in those sections to the applicant were a
reference to the transferee.
After “licence” (first occurring), insert “granted before the commencement of subsection (2)”.
Repeal the paragraph, substitute:
(c) | in the case of a licence granted by way of the second renewal of a licence—indefinitely. |
Add:
(2) Subject to this Part, a licence granted after the commencement of
this subsection remains in force indefinitely.
Insert:
(1) If no operations for the recovery of petroleum under a licence
referred to in paragraph 53(1)(c) or subsection 53(2) have been
carried on for a continuous period of at least 5 years, the Joint
Primary Industries and Energy Legislation Amendment Act (No. 1) 1998
Authority may, by written notice served on the licensee, inform the licensee that the Joint Authority proposes to terminate the licence after the end of one month after the notice is served.
(2) At any time after the end of one month after the notice referred to
in subsection (1) is served on the licensee, the Joint Authority may,
by written notice served on the licensee, terminate the licence.
(3) In working out for the purposes of subsection (1) the duration of the period in which no operations for the recovery of petroleum were carried on under a licence, any period in which no such
operations were carried on because of circumstances beyond the
licensee’s control is to be disregarded.
After “licensee”, insert “under a licence to which paragraph 53(1)(a) or
(b) applies”.
Repeal the paragraphs, substitute:
(c) must if:
(i) the application is in respect of the first renewal of the licence; or
(ii) the application is in respect of a renewal of the licence other than the first renewal and operations for the recovery of petroleum have been carried on in the licence area within 5 years before the application for the renewal was made; or
(d) may in any other case;
(1) | If: |
(a) | apart from this item, the operation of any of items 40 to 46 would result in the acquisition of property from a person otherwise than on just terms; and |
(b) | the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution; |
the Commonwealth is liable to pay compensation of a reasonable
amount to the person in respect of the acquisition.
Amendment of Acts
(2) | If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines. |
(3) | In this section: |
acquisition of property has the same meaning as in paragraph51(xxxi) of the Constitution.
just terms has the same meaning as in paragraph 51(xxxi) of theConstitution.
ADJACENT AREA IN RESPECT OF WESTERN AUSTRALIA” and the description of the area) Repeal the heading and the description, substitute:
Area that includes the adjacent area in respect of Western
Australia The area the boundary of which commences at a point that is the intersection of the coastline at mean low water by the boundary between the States of South Australia and Western Australia and
runs thence southerly along the geodesic to a point of Latitude 31° 45' South, Longitude 129° East, thence southerly along the meridian of Longitude 129° East to its intersection by the parallel
of Latitude 44° South, thence westerly along that parallel to its
intersection by the meridian of Longitude 104° East, thence
northerly along that meridian to its intersection by the parallel of
Latitude 14° South, thence easterly along that parallel to its
intersection by the meridian of Longitude 114° East,
thence northerly along that meridian to its intersection by the
parallel of Latitude 13° 05' 32" South, thence easterly along that
parallel to its intersection by the meridian of Longitude 118° 10'
04.3" East, thence northerly along the geodesic to a point of
Latitude 12° 49' 59.8" South, Longitude 118° 14' 18" East, thence
northerly along the geodesic to a point of Latitude 12° 04' 29.9"
South, Longitude 118° 06' 12.6" East, thence northerly along the
geodesic to a point of Latitude 12° 04' 13.8" South, Longitude
118° 06' 09.8" East, thence northerly along the geodesic to a point
Primary Industries and Energy Legislation Amendment Act (No. 1) 1998
of Latitude 12° 04' 24.0" South, Longitude 118° 07' 39.4" East, geodesic to a point of Latitude 12° 41' 41" South, Longitude 119° 52' 33.4" East, thence south-easterly along the geodesic to a point of Latitude 12° 41' 51" South, Longitude 119° 52' 52.4" East
, thence south-easterly along the geodesic to a point of Latitude 12°
06' 26.0" South, 118° 20' 40.4" East, thence south-easterly along
the geodesic to a point of Latitude 12° 07' 51" South, Longitude
118° 25' 02.4" East, thence south-easterly along the geodesic to a
point of Latitude 12° 10' 11" South, Longitude 118° 35' 11.4"
East, thence south-easterly along the geodesic to a point of
Latitude 12° 10' 31" South, Longitude 118° 37' 23.4" East, thence
south-easterly along the geodesic to a point of Latitude 12° 11'
06" South, Longitude 118° 38' 55.4" East, thence south-easterly
along the geodesic to a point of Latitude 12° 13' 17" South,
Longitude 118° 43' 04.4" East, thence south-easterly along the
geodesic to a point of Latitude 12° 16' 02" South, Longitude 118°
49' 25.4" East, thence south-easterly along the geodesic to a point
of Latitude 12° 17' 59" South, Longitude 118° 55' 07.4" East,
thence south-easterly along the geodesic to a point of Latitude 12°
18' 55" South, Longitude 118° 58' 26.4" East, thence
south-easterly along the geodesic to a point of Latitude 12° 20'
00" South, Longitude 119° 02' 35.4" East, thence south-easterly
along the geodesic to a point of Latitude 12° 20' 26" South, 119°
04' 55.4" East, thence south-easterly along the geodesic to a point
of Latitude 12° 21' 56" South, Longitude 119° 08' 58.4" East,
thence south-easterly along the geodesic to a point of Latitude 12°
23' 47" South, Longitude 119° 15' 18.4" East
, thencesouth-easterly along the geodesic to a point of Latitude 12° 24'
03" South, Longitude 119° 16' 30.4" East, thence south-easterly
along the geodesic to a point of Latitude 12° 25' 04" South,
Longitude 119° 20' 29.4" East, thence south-easterly along the
geodesic to a point of Latitude 12° 25' 48" South, Longitude 119°
21' 30.4" East, thence south-easterly along the geodesic to a point
of Latitude 12° 29' 24" South, Longitude 119° 27' 12.4" East,
thence south-easterly along the geodesic to a point of Latitude 12°
32' 36" South, Longitude 119° 33' 11.4" East, thence
south-easterly along the geodesic to a point of Latitude 12° 35'
48" South, Longitude 119° 40' 28.4" East, thence south-easterly
along the geodesic to a point of Latitude 12° 40' 38" South,
Amendment of Acts
42' 02" South, Longitude 119° 53' 13.4" East, thence south-easterly along the geodesic to a point of Latitude 12° 43' 51" South, Longitude 119° 56' 08.4" East, thence south-easterly along the geodesic to a point of Latitude 12° 45' 43" South, Longitude 119° 59' 10.4" East geodesic to a point of Latitude 12° 45' 52" South, Longitude 119° 59' 26.4" East, thence south-easterly along the geodesic to a point of Latitude 12° 46' 32.9" South, Longitude 120° 00' 42.3" East, thence south along the meridian to a point of Latitude 13° 56' 36.7" South, Longitude 120° 00' 42.3" East, thence north-easterly along the geodesic to a point of Latitude 12° 43' 13.3" South, Longitude 121° 49' 11.3" East, thence south-easterly along the geodesic to a point of Latitude 12° 56' South, Longitude 122° 06' East, thence south-easterly along the geodesic to a point of Latitude 13° 20' South, Longitude 122° 41' East, thence easterly along the geodesic to a point of Latitude 13° 19' 30" South, Longitude 123° 16' 45" East, thence easterly along the parallel of Latitude 13° 19' 30" South to its intersection by the meridian of Longitude 124° 27' 45" East, thence north-easterly along the geodesic to a point of Latitude 13° 13' 15" South, Longitude 124° 36' 15" East, thence north-easterly along the geodesic to a point of | thence south-easterly along the geodesic to a point of Latitude 12° north-easterly along the geodesic to a point of Latitude 11° 51' South, Longitude 125° 27' 45" East, thence north-easterly along the geodesic to a point of Latitude 11° 44' 30" South, Longitude 125° 31' 30" East, thence north-easterly along the geodesic to a point of Latitude 10° 21' 30" South, Longitude 126° 10' 30" East, thence north-easterly along the geodesic to a point of Latitude 10° 13' South Longitude 126° 26' 30" East, thence north-easterly along the geodesic to a point of Latitude 10° 05' South, Longitude 126° 47' 30" East, thence south-easterly along the geodesic to a point of Latitude 11° 13' 15" South, Longitude 127° 32' East, then south-easterly along the geodesic to a point of Latitude 11° 48' South, Longitude 127° 53' 45" East, thence south-easterly along the geodesic to a point of Latitude 12° 26' 30" South, Longitude 128° 22' East, thence south-easterly along the geodesic to a point of Latitude 12° 32' 45" South, Longitude 128° 24' East, thence south-easterly along the geodesic to a point of Latitude 12° 55' 30" South, Longitude 128° 28' East, thence southerly along the |
Primary Industries and Energy Legislation Amendment Act (No. 1) 1998
meridian of Longitude 128° 28' East to its intersection by the the geodesic to a point of Latitude 14° 19' 30" South, Longitude 128° 53' East, thence south-easterly along the geodesic to a point of Latitude 14° 32' 30" South, Longitude 129° 01' 15" East, thence southerly along the geodesic to a point of Latitude 14° 37' 30" South, Longitude 129° 01' 45" East, thence southerly along the geodesic to the intersection of the coastline at mean low water by the boundary between the Northern Territory of Australia and the State of Western Australia, thence along the coastline of the State of Western Australia at mean low water to the point of commencement.
parallel of Latitude 13° 15' 30" South, thence south-easterly along
the geodesic to a point of Latitude 13° 39' 45" South, Longitude
128° 30' 45" East, thence south-easterly along the geodesic to a
point of Latitude 13° 49' 45" South, Longitude 128° 33' 15" East,
thence south-easterly along the geodesic to a point of Latitude 14°
ADJACENT AREA IN RESPECT OF THE TERRITORY OF description of the area) Omit the heading and the description, substitute:
Area that includes the adjacent area in respect of the
Territory of Ashmore and Cartier Islands The area the boundary of which commences at a point of Latitude 12° 43' 13.3" South, Longitude 121° 49' 11.3" East and runs thence north-easterly along the geodesic to a point of Latitude 12° 14' 30.9" South, Longitude 122° 31' 02.1" East, thence northerly along the arc of a circle drawn concave to Ashmore Islands with a radius of twenty-four nautical miles to a point of Latitude 12° 06' 49.7" South, Longitude 122° 32' 19.6" East, thence generally northerly, north-easterly, easterly, and south-easterly along a series of intersecting circular arcs drawn concave to Ashmore Islands with a radius of twenty-four nautical miles and having the following vertices:
South Latitude | East Longitude |
12° 03' 17.3" | 122° 33' 51.3" |
Amendment of Acts
12° 02' 10.1" | 122° 34' 29.3" |
12° 00' 46.5" | 122° 35' 23.4" |
11° 55' 51.8" | 122° 39' 56" |
11° 55' 01.4" | 122° 40' 59.8" |
11° 52' 58.5" | 122° 44' 12.3" |
11° 51' 58.4" | 122° 46' 16.7" |
11° 51' 27.5" | 122° 47' 34.4" |
11° 51' 18" | 122° 48' 00.6" |
11° 50' 53.2" | 122° 49' 15.4" |
11° 50' 05.7" | 122° 50' 30" |
11° 48' 37.2" | 122° 53' 20.2" |
11° 47' 36.1" | 122° 56' 03.7" |
11° 47' 12.5" | 122° 57' 28" |
11° 46' 49.3" | 122° 59' 18.4" |
11° 46' 36.9" | 123° 00' 45.2" |
11° 46' 30.8" | 123° 05' 23.4" |
11° 47' 30.7" | 123° 10' 58.4" |
11° 47' 44" | 123° 12' 00.7" |
11° 47' 45.4" | 123° 12' 08.2" |
11° 48' 04.4" | 123° 13' 33.6" |
thence south-easterly along the arc of a circle drawn concave to Ashmore Islands with a radius of twenty-four nautical miles to a point of Latitude 11° 48' 11.2" South, Longitude 123° 14' 00"
East, thence north along the meridian to its intersection by the parallel of Latitude 11° 35' South, thence north-easterly along the rhumb line to a point of Latitude 11° 23' South, Longitude 123° 26' East, thence south-easterly along the rhumb line to a point of Latitude 11° 28' South, Longitude 123° 40' East, thence north-easterly along the rhumb line to a point of Latitude 11° 26' South, Longitude 124° East, thence north-easterly along the rhumb line to a point of Latitude 11° 25' South, Longitude 124° 10' East, thence north-easterly along the rhumb line to a point of Latitude 11° 07' South, Longitude 124° 34' East, thence north-easterly along the rhumb line to a point of Latitude 11° 01' South, Longitude 125° 19' East, thence north-easterly along the rhumb line to a point of Latitude 10° 37' East, South, Longitude 125° 41' East, thence north-easterly along the rhumb line to a point of Latitude 10° 28' South, Longitude 126° East, thence north-easterly along the geodesic to a point of Latitude 10° 21'
Primary Industries and Energy Legislation Amendment Act (No. 1) 1998
30" South, Longitude 126° 10' 30" East, thence south-westerly Longitude 123° 16' 45" East, thence westerly along the geodesic to a point of Latitude 13° 20' South, Longitude 122° 41' East, thence north-westerly along the geodesic to a point of Latitude 12° 56' South, Longitude 122° 06' East, thence north-westerly along the geodesic to the point of commencement.
along the geodesic to a point of Latitude 11° 44' 30", South,
Longitude 125° 31' 30" East, thence south-westerly along the
geodesic to a point of Latitude 11° 51' South, Longitude 125° 27'
45" East, thence south-westerly along the geodesic to a point of
Latitude 12° 46' 15" South, Longitude 124° 55' 30" East, thence
south-westerly along the geodesic to a point of Latitude 13° 13'
15" South, Longitude 124° 36' 15" East, thence south-westerly
along the geodesic to a point of Latitude 13° 19' 30" South,
Longitude 124° 27' 45" East, thence westerly along the parallel of
Omit “with the approval of the Minister”.
After “other than”, insert “its powers under subsection 22(3) or”.
Act 1989
Omit “The amounts”, substitute “Subject to subsection (2A), the amounts”.
Insert:
(2A) The amounts to be paid to the Corporation under paragraph (1)(b)
during the 1997-98 financial year are the amounts worked out
under subsection (2) reduced by $3,612,000.
Amendment of Acts
Omit “and approved, in writing, by the Minister”.
Repeal the paragraph.
After “this Act”, insert “(except its powers under section 81)”.
Repeal the Part.
After “functions”, insert “(except its powers under paragraph
45(2)(a))”.
Repeal the subsection, substitute:
(2) The terms and conditions of employment of a person are to be
determined by the Board.
Repeal the subsection.
Omit “, subject to the approval of the Minister,”.
Primary Industries and Energy Legislation Amendment Act (No. 1) 1998
other legislation
Insert:
support converted into grants under the Farm
Household Support Act 1992
(1) An amount of farm household support that was, before or at the commencement of this section, converted into a grant under the
Farm Household Support Act 1992 is exempt, and is taken alwaysto have been exempt.
(2) Subsection (1) does not apply to the 1997-98 year of income or any
subsequent year of income.
Note: | Section 53-25 of the |
definition of rebatable benefit ) Insert:
(db) paid by way of a grant of financial assistance as farm
household support under the
Farm Household Support Act
1992 ; or
payments”, after the entry relating to exceptional
circumstances relief) Insert:
Consequential amendments of other legislation
Schedule 2 farm household support payment made by way of a
grant of financial assistance.............................................. | 53-10 and 53-15 |
farm household support converted into a grant................ |
circumstances relief”) Insert:
see
social security and other benefit payments
Insert:
farm household support see
social security and other
benefit payments
benefit payments”, after the entry relating to exceptional circumstances relief payments) Insert:
farm household support under the
Farm Household
Insert:
4A | The | Only the | |
supplementary | |||
amount is exempt (see section 53-15) |
Add:
(2) The
supplementary amount of a farm household support paymentto a person is the total of:
(a) | so much of the payment as is included by way of rental assistance; and |
Primary Industries and Energy Legislation Amendment Act (No. 1) 1998
(b) | so much of the payment as would have been included by way of remote area allowance if it had been a payment of newstart allowance under the |
training allowance under the |
Repeal the link note, substitute:
An amount of farm household support that was converted into a
grant under section 52 or 54A of the
Farm Household Support Act
1992 is exempt from income tax.
[The next Division is Division 55 .]
item 1) Omit “or payment of restart income support”, substitute “, payment of restart income support or payment of farm household support”.
Items 3 to 10 (inclusive) apply in relation to the 1997-98 income year and all subsequent income years.
0
0
0