Bass Strait Freight Adjustment Levy Amendment Act 1987

Overview

The Bass Strait Freight Adjustment Levy Amendment Act 1987, enacted by the Commonwealth Parliament, was designed to amend the Bass Strait Freight Adjustment Levy Act 1984. This amendment was introduced to address the need for flexibility in adjusting the rate of the freight adjustment levy, which is imposed on the transportation of unstabilized crude petroleum oil through the Bass Strait. By repealing and substituting section 6 of the Principal Act, the legislation allows the Minister to determine the rate of adjustment levy, including the ability to set it at nil, thus providing a mechanism for responding to market fluctuations and economic conditions. This adjustment is to be published in the Gazette, ensuring transparency and public awareness of any changes to the levy rate. The policy objective behind this amendment is to provide a more adaptable fiscal tool that can be responsive to the evolving economic landscape, thereby ensuring that the levy remains an effective and fair means of generating revenue for the Commonwealth.

Scope and Application

The Bass Strait Freight Adjustment Levy Amendment Act 1987 amends the Bass Strait Freight Adjustment Levy Act 1984 by altering the rate at which the levy is applied to unstabilised crude petroleum oil. This Act applies to entities involved in the production and transportation of unstabilised crude petroleum oil through Bass Strait, and it operates within the Commonwealth of Australia. The Act allows the Minister to determine the rate of the levy, which can be adjusted or even set to nil through a notice published in the Gazette. The provisions concerning the making of such determinations are governed by specific sections of the Acts Interpretation Act 1901, and these determinations are not considered statutory rules under the Statutory Rules Publication Act 1903. The Act came into operation on 1 January 1988 and affects all unstabilised crude petroleum oil produced on or after the date of any alteration to the levy rate.

Key Provisions

The Bass Strait Freight Adjustment Levy Amendment Act 1987 (Act) amends the Bass Strait Freight Adjustment Levy Act 1984 (Principal Act) by altering the rate of the levy imposed on unstabilized crude petroleum oil. Section 6 of the Principal Act is repealed and replaced with a new section that sets the rate of adjustment levy at $1.78 per kilolitre of unstabilized crude petroleum oil, but allows the Minister to determine a lesser rate by notice in writing published in the Gazette (section 6(1) and (2)). This provision also allows the Minister to set the rate at nil under certain circumstances (section 6(3)). Any alteration to the rate of adjustment levy applies to unstabilized crude petroleum oil produced on or after the day the alteration takes effect (section 6(4)). Additionally, the provisions of sections 48 (excluding certain parts), 49, 49a, and 50 of the Acts Interpretation Act 1901 apply to determinations made under this new section 6(2), and these determinations are deemed not to be statutory rules as defined by the Statutory Rules Publication Act 1903 (section 6(5) and (6)). The Act imposes obligations on the Minister regarding the adjustment levy rate. The Minister is tasked with determining the rate of the levy and has the authority to publish notices in the Gazette to alter this rate. This process must adhere to the relevant provisions of the Acts Interpretation Act 1901 and ensure that the determinations are not considered statutory rules. The Minister must also ensure that any changes to the levy rate are clearly specified and effective from the date mentioned in the Gazette notice. Breach of the provisions set out in the Act could lead to civil or criminal consequences. However, the Act itself does not explicitly state any penalties for non-compliance. The penalties, if any, would likely be derived from the Principal Act or other relevant legislation. It is essential to review the Principal Act and any related laws to understand fully the implications of non-compliance with the provisions of the Amendment Act.