Bass Strait Freight Adjustment Levy Collection Act 1984

Overview

The Bass Strait Freight Adjustment Levy Collection Act 1984 was enacted to provide a mechanism for the collection of a levy under the Bass Strait Freight Adjustment Levy Act 1984. This Act was introduced to address the need for a structured process to collect the freight adjustment levy associated with the production of relevant oil, specifically unstabilized crude petroleum oil produced in the Gippsland Basin in Bass Strait. The Act was enacted by the Parliament of Australia and received Royal Assent on 26 April 1984. It establishes the parameters for measuring the volume of oil produced, the timing of levy payments, and incorporates the provisions of the Excise Act 1901 to facilitate the collection process. The policy objective is to ensure that the freight adjustment levy is collected efficiently and effectively, reflecting the economic activities related to oil production in the specified region.

Scope and Application

The Bass Strait Freight Adjustment Levy Collection Act 1984 applies to the collection of levy under the Bass Strait Freight Adjustment Levy Act 1984, specifically relating to the measurement and payment of a levy on the production of relevant oil within the Commonwealth of Australia. The Act defines "relevant oil" as unstabilized crude petroleum oil produced at an Australian installation in the Gippsland Basin in Bass Strait, and it equates the volume of relevant oil produced to the volume of prescribed oil entered for home consumption under the Excise Act 1901. The Act applies to producers of relevant oil and is concerned with the timing and method of levy payment, which aligns with the payment dates for duty of Excise on prescribed oil. The Act also extends its application by incorporating provisions from the Excise Act 1901 and allowing for the creation of regulations by the Governor-General to facilitate the implementation and enforcement of the Act. The Act does not specify any exclusions or exemptions and applies nationally within the Commonwealth of Australia.

Key Provisions

The Bass Strait Freight Adjustment Levy Collection Act 1984 (hereafter referred to as the "Act") governs the collection of a specific levy associated with the production of unstabilized crude petroleum oil in the Gippsland Basin of Bass Strait. Section 1 provides the short title for the Act, while Section 2 dictates that the Act comes into operation on the day it receives Royal Assent. Section 3 provides crucial definitions for terms used throughout the Act, such as "prescribed oil," "producer," and "relevant oil." Section 4 outlines how the volume of "relevant oil" is to be measured, equating it to the volume of "prescribed oil" that would be entered for home consumption under the Excise Act 1901. The Act imposes specific obligations on the entities it governs. Section 5(1) requires that the adjustment levy for "relevant oil" produced after the Act's commencement is payable on the same day as the duty of Excise is payable for "prescribed oil" produced during that period. For "relevant oil" produced before the Act's commencement, Section 5(2) mandates that the levy becomes payable on the first day the adjustment levy is payable for "relevant oil" produced post-commencement. Section 6 ensures that certain sections of the Excise Act 1901 apply to the Act as if the adjustment levy were a duty of Excise and the Bass Strait Freight Adjustment Levy Act 1984 were an Act imposing duties of Excise. This linkage facilitates the administrative processes involved in levy collection. The Act also outlines the regulatory framework within which it operates. Section 7 empowers the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the Act, provided these regulations do not conflict with the Act itself. This allows for the flexibility needed to address unforeseen circumstances or administrative challenges in the implementation and enforcement of the Act. The Act does not explicitly outline specific offences or penalties for non-compliance within its primary provisions. However, given the linkage to the Excise Act 1901, it is reasonable to infer that breaches of the Act could incur civil or criminal penalties as stipulated in that overarching legislation. The severity of these penalties would depend on the nature and extent of the breach, but they could include fines and other legal consequences for non-compliance.