States Grants (Petroleum Products) Act 1965 (Cth)
This compilation was prepared on 10 July 2006
taking into account amendments up to Act No. 73 of 2006
The text of any of those amendments not in force
on that date is appended in the Notes section
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,
Attorney‑General’s Department, Canberra
Contents
This Act may be cited as the
States Grants (Petroleum Products) Act 1965 .
The Secretary of the Department has the general administration of this Act.
(1) In this Act, unless the contrary intention appears,
eligible petroleum product means motor spirit, automotive distillate, aviation gasoline or aviation turbine fuel.(2) A reference in this Act to a State shall be read as including a reference to the Northern Territory.
There are payable to each State, by way of financial assistance, amounts equal to the amounts expended by that State in making payments to distributors of eligible petroleum products in accordance with a scheme formulated by the Minister in relation to that State for the purposes of this Act.
(1) Subject to this Act, the Minister may, by writing under his or her hand:
(a) formulate a scheme in relation to a State for the purposes of this Act;
(b) amend a scheme so formulated (including a scheme that has been previously amended);
(c) revoke a scheme so formulated (including a scheme that has been amended); and
(d) where a scheme has been so revoked—formulate a new scheme in place of the scheme so revoked.
(2) Except as authorized by a resolution of each House of the Parliament, the Minister shall not revoke, or otherwise terminate the operation of, a scheme formulated under paragraph (1)(a) or (d), whether or not the scheme has been amended.
(1) A scheme in relation to a State shall comply with the succeeding provisions of this section.
Note: For the cessation of a scheme, see subsection (5).
(2) The scheme shall contain a provision authorizing the Secretary of the Department, or a person engaged under the
Public Service Act 1999 appointed by the Secretary of the Department in writing to exercise powers under the provision, to direct that any particular goods shall, or shall not, be treated as motor spirit, automotive distillate, aviation gasoline or aviation turbine fuel for the purposes of the scheme and this Act.(3) The scheme shall:
(a) contain a provision authorizing the Secretary of the Department, or a person engaged under the
Public Service Act 1999 (thepublic servant ) appointed by the Secretary of the Department in writing to exercise powers under the provision, to register persons as distributors of eligible petroleum products for the purposes of the scheme and authorizing the Secretary of the Department or the public servant to revoke the registration of a person so registered; and(b) contain a provision that the persons to whom payments may be made by the State under the scheme shall be such distributors of eligible petroleum products as are so registered under the scheme.
(3A) An application may be made to the Administrative Appeals Tribunal for review of:
(a) a direction by the Secretary of the Department or the public servant under a provision contained in a scheme in accordance with subsection (2); or
(b) a refusal by the Secretary of the Department or the public servant to register a person as a distributor of eligible petroleum products under a provision contained in the scheme in accordance with paragraph (3)(a) or the revocation by the Secretary of the Department or the public servant of the registration of a person as such a distributor of eligible petroleum products under a provision contained in the scheme in accordance with that paragraph.
(4) The scheme shall not permit the registration under the scheme of a distributor of eligible petroleum products unless he or she has entered into an agreement in writing with the Commonwealth
and the State, or given an undertaking in writing to the Commonwealth, to the effect that:
(a) he or she will sell any eligible petroleum product at a price that gives to the purchaser the benefit of any payment received or to be received by the distributor in respect of the sale; and
(b) he or she will not make a claim for a payment from the State in respect of a sale of any eligible petroleum product unless he or she sold the product at a price that gave to the purchaser the benefit of the payment that the distributor claims to receive in respect of the sale.
(4A) The scheme may contain a provision requiring a registered distributor of eligible petroleum products included in a specified class of registered distributors of eligible petroleum products (including a distributor registered before the provision comes into effect) to comply with such conditions as are specified in the scheme in relation to that class.
(4B) The scheme shall not permit the registration under the scheme of a distributor of eligible petroleum products included in a class of distributors of eligible petroleum products specified in a provision contained in the scheme in accordance with subsection (4A) unless the person authorised to register distributors is satisfied that the distributor is capable of complying with the conditions (if any) that will be applicable to the distributor under such a provision on the registration of the distributor.
(4C) The scheme may contain a provision requiring a claim for payment of an amount in accordance with the scheme made by a registered distributor of eligible petroleum products included in a specified class of registered distributors of eligible petroleum products to be accompanied by such declarations (including declarations made by a person other than the claimant) and other documents (if any) as are specified in the scheme in relation to that class.
(4D) The scheme shall provide that a person shall be deemed not to be a registered distributor of eligible petroleum products at any time when:
(a) in a case where the person is an incorporated company—the person is, or is related to another company that is, the owner or operator of a mini‑refinery; or
(b) in any other case—the person is the owner or operator of a mini‑refinery.
(4E) For the purposes of subsection (4D), the question whether incorporated companies are related to each other shall be determined in the same manner as the question whether corporations within the meaning of the
Corporations Act 2001 are related to each other would be determined under that Act.(5) The scheme:
(a) must provide for the payment by the State to registered distributors of eligible petroleum products, in respect of:
(i) the sale by them, before 1 July 2006; and
(ii) the delivery by them, before 1 July 2006, to places to which the scheme applies;
of any eligible petroleum products, of amounts ascertained in accordance with the scheme; and
(aa) shall provide for the payment by the State to registered distributors of eligible petroleum products, in respect of the sale by them, before 1 July 2006, at a place to which the scheme applies of any eligible petroleum products that:
(i) are produced at a mini‑refinery located at that place; and
(ii) are not for delivery to another place;
of amounts ascertained in accordance with the scheme; and
(b) may provide for the payment by the State to registered distributors of eligible petroleum products:
(i) in respect of the application by them, before 1 July 2006, to their own use at places to which the scheme applies of any eligible petroleum products; and
(ii) in respect of expenses incurred by them in connexion with the scheme;
of amounts ascertained in accordance with the scheme.
(6) The scheme shall contain a schedule specifying places in the Commonwealth and rates of payment in respect of eligible petroleum products in relation to those places.
(7) The scheme may make provision with respect to the fixing or determination of rates of payment in respect of eligible petroleum products in relation to places in the Commonwealth that are not specified in the schedule to the scheme.
(8) In this section:
mini‑refinery means a refinery that is not able to carry out refining processes on more than a quantity of petroleum daily which is the prescribed quantity for the purposes of this section.
petroleum means petroleum oil or petroleum gas.
The Secretary of the Department shall cause a copy of the schedule to a scheme formulated by the Minister in relation to a State, and a copy of each amendment of the schedule to such a scheme, to be published in the
Gazette .
(1) In this section,
amendment , in relation to the schedule to the scheme in relation to a State, includes the substitution of another schedule for that schedule.(2) The provisions of sections 48, 48A, 48B and 49 of the
Acts Interpretation Act 1901 (other than paragraphs (1)(a) and (b), and subsections (2) and (6), of the first‑mentioned section) apply, by force of this section, to amendments of the schedules to the schemes in relation to the States in like manner as those provisions apply in relation to regulations.(3) Where an amendment of the schedule to the scheme in relation to a State:
(a) is disallowed, or is deemed to have been disallowed, under section 48 of the
Acts Interpretation Act 1901 as applied by subsection (2) of this section; or(b) becomes void and of no effect by virtue of the operation of subsection 48(3) of the
Acts Interpretation Act 1901 as applied by subsection (2) of this section;the schedule has effect as if the amendment had been revoked with effect from and including the date of the disallowance or the date on which the amendment became void and of no effect, as the case may be.
(1) Where:
(a) pursuant to a provision included in a scheme in accordance with subsection 5(4C), a claim for payment of an amount in accordance with the scheme in respect of the sale and delivery of eligible petroleum products is accompanied by a declaration made by a person in charge of a ship;
(b) the declaration relates to the delivery of those eligible petroleum products by or to the ship; and
(c) the declaration is, to the knowledge of the person, false or misleading in a material particular;
the person is guilty of an offence.
(2) An offence against subsection (1) is an indictable offence, and, subject to this section, is punishable on conviction by a fine not exceeding $5,000 or imprisonment for a period not exceeding 2 years, or both.
(3) Notwithstanding that an offence referred to in subsection (2) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.
(4) Where, in accordance with subsection (3), a court of summary jurisdiction convicts a person of an offence referred to in subsection (2), the penalty that the court may impose is a fine not exceeding $2,000 or imprisonment for a period not exceeding 1 year, or both.
(5) This section is not intended to affect the operation of a law of a State to the extent that that law is capable of operating concurrently with this section.
(6) In this section,
ship means a vessel or boat of any description.
A State is not entitled to a payment under this Act in relation to amounts expended by the State unless the State furnishes to the Minister of State for Finance:
(a) a statement in respect of those amounts in accordance with a form approved by the Minister of State for Finance, accompanied by a certificate of the Auditor‑General of the State certifying that the amounts shown in the statement were expended in making payments in accordance with the scheme in relation to the State for the purposes of this Act; and
(b) such further information, if any, as the Minister of State for Finance requires in respect of those amounts.
The Minister of State for Finance may, at such times as he or she thinks fit, make advances to a State of such amounts as he or she thinks fit on account of an amount that may become payable under this Act to that State.
Payment to a State under this Act of any amount (including an advance) is subject to the condition that the State will repay to the Commonwealth, on demand by the Minister of State for Finance, the amount by which, at the time of the demand, the total of the amounts (including advances) paid to the State under this Act exceeds the total of the amounts that have become payable to the State under section 3.
(1) The Commonwealth shall pay to a State the amount of any damages or costs paid or incurred by the State in or in connexion with any action or proceeding arising out of an act or thing done or omitted to be done by the State in pursuance of the scheme in relation to the State for the purposes of this Act.
(2) Sections 9, 10 and 11 do not apply to or in relation to a payment made in pursuance of this section.
Payments under this Act are payable out of the Consolidated Revenue Fund, which is appropriated accordingly.
The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.
The
For application, saving or transitional provisions made by the
All relevant information pertaining to application, saving or
transitional provisions prior to 11 April 2003 is not included in this compilation.
For subsequent information
Act | Number and year | Date of Assent | Date of commencement | Application, saving or transitional provisions | ||
27, 1965 | 2 June 1965 | 30 June 1965 | ||||
153, 1965 | 18 Dec 1965 | 15 Jan 1966 | — | |||
90, 1969 | 27 Sept 1969 | 27 Sept 1969 | — | |||
112, 1973 | 16 Oct 1973 | 16 Oct 1973 | — | |||
12, 1978 | 14 Apr 1978 | 14 Apr 1978 | — | |||
80, 1982 | 22 Sept 1982 | Part LXIX (ss. 258, 259): 20 Oct 1982 | — | |||
102, 1983 | 23 Nov 1983 | Ss. 3 and 4(2): 1 July 1989 ( Remainder: 1 Jan 1984 | S. 10 | |||
39, 1985 | 29 May 1985 | 10 June
1985 ( | S. 4 | |||
105, 1985 | 16 Oct 1985 | Ss. 1 and 2: Royal Assent Ss. 3(2), (3): 1 Jan 1984
Remainder: 1 Sept 1988
( | S. 3(3) | |||
10, 1986 | 13 May 1986 | 13 May 1986 | Ss. 2(2) and 4 | |||
99, 1988 | 2 Dec 1988 | 2 Dec 1988 | — | |||
3, 1995 | 23 Feb 1995 | S. 14: Royal Assent
S. 27: 18 Apr 1995 | S. 14 | |||
85, 1995 | 1 July 1995 | S. 18 and Schedule 9 (item 87): Royal Assent | S. 18 | |||
43, 1996 | 25 Oct 1996 | Schedule 5 (items 141, 142): Royal Assent | — | |||
146, 1999 | 11 Nov 1999 | Schedule 1 (items 830–833): 5 Dec 1999 ( | — | |||
55, 2001 | 28 June 2001 | Ss. 4–14 and Schedule 3 (item 491): 15 July 2001 ( | Ss. 4–14 | |||
21, 2003 | 11 Apr 2003 | Schedule 1 (items 17–24): 12 Apr 2003 | Sch. 1 (items 23, 24) [ | |||
73, 2006 | 26 June 2006 | Schedule 2 (items 1–4): 1 July 2006 Schedule 2 (item 5): 1 July 2007 | — | |||
(a) TheStates Grants (Petroleum Products) Act 1965 was amended by Part LXIX (sections 258 and 259) only of theStatute Law (Miscellaneous Amendments) Act (No. 2) 1982 , subsection 2(16) of which provides as follows:
(16) The remaining provisions of this Act shall come into operation on the 28th day after the day on which this Act receives the Royal Assent.
(b) TheStates Grants (Petroleum Products) Act 1965 was amended by section 27 only of theEvidence (Transitional Provisions and Consequential Amendments) Act 1995 , subsections 2(1) and (13) of which provide as follows:
(1) This Part and Parts 2 and 3 commence on the day on which this Act receives the Royal Assent.
(13) Section 27 of this Act and the Schedule to this Act commence:
(a) on the day on which sections 153 and 155 of the
Evidence Act 1995 commence; or(b) if those sections commence on different days—the first day on which both of those sections are in force.
Sections 153 and 155 commenced on 18 April 1995.
(c) TheStates Grants (Petroleum Products) Act 1965 was amended by Schedule 9 (item 87) only of theCustoms, Excise and Bounty Legislation Amendment Act 1995 , subsection 2(1) of which provides as follows:
(1) Subject to subsections (2), (3), (4), (5) and (6), this Act commences on the day on which it receives the Royal Assent.
(d) TheStates Grants (Petroleum Products) Act 1965 was amended by Schedule 5 (items 141 and 142) only of theStatute Law Revision Act 1996 , subsection 2(1) of which provides as follows:
(1) Subject to subsections (2) and (3), this act commences on the day on which it receives the Royal Assent.
(e) TheStates Grants (Petroleum Products) Act 1965 was amended by Schedule 1 (items830–833) only of the
Public Employment (Consequential and Transitional) Amendment Act 1999 , subsections 2(1) and (2) of which provide as follows:
(1) In this Act,
commencing time means the time when thePublic Service Act 1999 commences.(2) Subject to this section, this Act commences at the commencing time.
(f) TheStates Grants (Petroleum Products) Act 1965 was amended by Schedule 3 (item 491) only of theCorporations (Repeals, Consequentials and Transitionals) Act 2001 , subsection 2(3) of which provides as follows:
(3) Subject to subsections (4) to (10), Schedule 3 commences, or is taken to have commenced, at the same time as the
Corporations Act 2001 .
| |
Provision affected | How affected |
Title........................................ | am. No. 102, 1983 |
S. 1A...................................... | ad. No. 39, 1985 |
am. No. 85, 1995; No. 21, 2003 | |
S. 2......................................... | am. No. 102, 1983 |
S. 4......................................... | rs. No. 12, 1978 |
am. No. 43, 1996 | |
S. 5......................................... |
|
S. 6......................................... | am. No. 153, 1965; No. 90, 1969 |
rep. No. 112, 1973 | |
S. 7......................................... | am. No. 10, 1986; No. 85, 1995; No. 21, 2003 |
S. 7A...................................... | ad. No. 112, 1973 |
am. No. 80, 1982; No. 102, 1983; No. 99, 1988 | |
S. 8......................................... | am. No. 102, 1983 |
rep. No. 3, 1995 | |
S. 8A...................................... | ad. No. 105, 1985 |
S. 9......................................... | am. No. 12, 1978 |
S. 10....................................... | am. No. 12, 1978; No. 43, 1996 |
S. 11....................................... | am. No. 12, 1978; No. 102, 1983 |
S. 12....................................... | am. No. 102, 1983 |
Industry, Tourism and Resources Legislation Amendment Act 2003 (No. 21, 2003)
23
References in scheme to Chief Executive Officer of Customs A reference in a scheme formulated under section 4 of the
States Grants (Petroleum Products) Act 1965 to the Chief Executive Officer of Customs is taken, after the commencement of this item, to be a reference to the Secretary of the Department.
24
Transitional provision—things previously done by the Chief Executive Officer of Customs Anything that:
(a) was done under the
States Grants (Petroleum Products) Act 1965 (including under a scheme in relation to a State) by, or in relation to, the Chief Executive Officer of Customs before the commencement of this item; and(b) was still in force, or having an effect, immediately before the commencement of this item;
is taken, after that commencement, to have been done by, or in relation to, the Secretary of the Department as if the amendments made by items 17 to 23 of this Schedule had been in force when the thing was done.
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