Bass Strait Freight Adjustment Trust Fund Amendment Act 1985

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Bass Strait Freight Adjustment Trust Fund Amendment Act 1985

No. 79 of 1985

 

An Act to amend the Bass Strait Freight Adjustment Trust Fund Act 1984

[Assented to 6 June 1985]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Bass Strait Freight Adjustment Trust Fund Amendment Act 1985.

(2) The Bass Strait Freight Adjustment Trust Fund Act 19841 is in this Act referred to as the Principal Act.

Commencement

2. (1) Sections 1 and 2, sub-sections 7 (3) and (4) and section 8 shall come into operation on the day on which this Act receives the Royal Assent.

(2) Section 3 and sub-section 7 (2) shall be deemed to have come into operation on 1 March 1985.

(3) Sections 4, 5 and 6 shall be deemed to have come into operation on 1 January 1985.


(4) Sub-section 7 (1) shall be deemed to have come into operation on 26 April 1984.

Interpretation

3. Section 3 of the Principal Act is amended by omitting from sub-section (1) the definition of “base period” and substituting the following definition:

“base period’, in relation to a month, means—

(a) in the case of a month that ends before 1 July 1984—the period of 30 months that ended on 30 June 1983;

(b) in the case of a month that ends after 1 July 1984 and before 1 March 1985—the period of 30 months that ended 6 months before the last determination day in or before the month; or

(c) in the case of any other month—the period of 6 months that ends at the end of the month;”.

Application of Freight Adjustment Fund

4. Section 6 of the Principal Act is amended—

(a) by omitting from paragraph (2) (b) “and” (last occurring); and

(b) by inserting after paragraph (2) (b) the following paragraph:

“(ba) producers who, during the month immediately preceding the relevant month, were, under the scheme known as the Crude Oil Allocation Scheme, entitled to sell, and sold, in Australia outside that scheme prescribed oil, not being prescribed oil referred to in paragraph (b); and”.

Amounts payable to producers

5. Section 7 of the Principal Act is amended—

(a) by omitting from sub-section (1) “rate of $1.26 per kilolitre” and substituting “relevant rate for that month”;

(b) by omitting from sub-section (2) “$1.26 per kilolitre” and substituting “relevant rate for that month”; and

(c) by adding at the end the following sub-sections:

“(3) The amount payable to a producer at the end of a particular month under paragraph 6 (2) (ba) is an amount calculated at the relevant rate for that month of the prescribed oil sold by the producer by virtue of which the producer is entitled to payment under that paragraph at the end of that month.

“(4) In this section, ‘relevant rate’, in relation to a month, means the amount per kilolitre that is the rate of adjustment levy on the last day of that month.”.

Amounts payable to refiners

6. Section 8 of the Principal Act is amended by omitting “or (b)” and substituting “, (b) or (ba)”.


Calculation of refiners percentage of monthly payments

7. (1) Section 9 of the Principal Act is amended by omitting from paragraph (1) (d) “year” and substituting “period”.

(2) Section 9 of the Principal Act is amended—

(a) by omitting from sub-section (1) “the first day of and substituting “a day during”;

(b) by omitting paragraphs (2) (b) and (c) and substituting the following paragraphs:.

“(b) 1 July 1984;

(c) 1 January 1985;

(d) a day during June 1985; and

(e) a day during each later month.”;

(c) by inserting in sub-section (3) “that ends before 1 March 1985” after “month” (first occurring); and

(d) by inserting after sub-section (3) the following sub-section:

“(3a) Where the Minister makes a determination under paragraph (1) (d) on a day during a month that begins on or after 1 March 1985 that determination applies to that month.”.

(3) The Minister shall, as soon as practicable after the commencement of this sub-section—

(a) make a determination under sub-section 9 (1) of the Principal Act as amended and in force on 1 March 1985 as if the day on which the Minister makes the determination were 15 March 1985;

(b) make a determination under that sub-section as amended and in force on 1 April 1985 as if the day on which the Minister makes the determination were 15 April 1985; and

(c) make a determination under that sub-section as amended and in force on 1 May 1985 as if the day on which the Minister makes the determination were 15 May 1985.

(4) For the purposes of the Principal Act as in force after the commencement of sub-section (2)—

(a) a determination referred to in paragraph (3) (a) shall be deemed to have been made on 15 March 1985;

(b) a determination referred to in paragraph (3) (b) shall be deemed to have been made on 15 April 1985; and

(c) a determination referred to in paragraph (3) (c) shall be deemed to have been made on 15 May 1985.

Formal amendments

8. The Principal Act is amended as set out in the Schedule.

–––––––––


SCHEDULE Section 8

Paragraph 6 (2) (b)—

Omit “retain”, substitute “retain,”.

Sub-section 7(1)—

(a) Omit “he”, substitute “the producer”.

(b) Omit “the month”, substitute “that month”.

Sub-section 7 (2)—

Omit “he”, substitute “the producer”.

Sub-section 9 (4)—

Omit “he”, substitute “the Minister”.

Sub-section 9 (5)—

(a) Omit “he”, substitute “the Minister”.

(b) Omit “him”, substitute “the Minister”.

 

NOTE

1. No. 24, 1984.

 

[Minister’s second reading speech made in—

House of Representatives on 8 May 1985

Senate on 27 May 1985]

Overview

The Bass Strait Freight Adjustment Trust Fund Amendment Act 1985 was enacted by the Parliament of Australia with the aim of modifying the Bass Strait Freight Adjustment Trust Fund Act 1984. This legislation was introduced to address specific gaps and issues within the original act, ensuring it better aligns with current economic and regulatory environments. The primary objective of this amendment act is to make technical adjustments to the definitions, application, and calculations within the trust fund, enhancing the fund's effectiveness and accuracy in its operations. The act was assented to on 6 June 1985 and comprises several sections that outline the specific amendments required, including changes to the definition of the base period, the application of the freight adjustment fund, and the calculation of amounts payable to both producers and refiners.

Scope and Application

The Bass Strait Freight Adjustment Trust Fund Amendment Act 1985 amends the Bass Strait Freight Adjustment Trust Fund Act 1984 to update the operational framework of the Bass Strait Freight Adjustment Trust Fund. This Act applies to producers and refiners of prescribed oil, with a particular focus on those who participated in the Crude Oil Allocation Scheme. The geographic scope of the Act is national, given its focus on activities across Australia, particularly concerning the transport of oil through the Bass Strait. The Act’s provisions include amendments to the calculation of base periods, adjustments to the rates of freight adjustment levies, and modifications to the method of determining the percentage of monthly payments to refiners. Specific provisions and amendments come into operation on various dates, with some sections deemed to have been effective retroactively to January 1985. There are no stated exclusions or exemptions in the text, though the application of subordinate instruments might further refine the application of this Act.

Key Provisions

The Bass Strait Freight Adjustment Trust Fund Amendment Act 1985 (sections 1 to 8) amends the Bass Strait Freight Adjustment Trust Fund Act 1984 (the Principal Act). The main provisions of this amending Act include the adjustment of definitions, eligibility criteria for payments, and the calculation of rates for monthly payments to producers and refiners. Specifically, Section 3 redefines the term “base period” to reflect different periods depending on the month in question, thereby altering the timeframe for assessing eligibility and payments. Section 4 modifies the eligibility criteria for producers by including those who sold prescribed oil outside the Crude Oil Allocation Scheme in Australia during the preceding month. Section 5 changes the rate of payment to producers to the “relevant rate” for the month, calculated based on the prescribed oil sold. Section 6 adjusts the references in the Principal Act to align with the new terminology and criteria established by the amendment. Section 7 modifies the calculation of refiners' percentage of monthly payments by adjusting the periods considered in the calculation. Section 8 updates the formal language in the Principal Act to remove gender-specific terms and clarify roles and responsibilities. The Bass Strait Freight Adjustment Trust Fund Amendment Act 1985 imposes specific obligations on various parties governed by the Principal Act. The Minister is required to make determinations under certain subsections of the amended Act, ensuring these determinations apply to specific months as outlined. Producers and refiners must adhere to the new definitions and criteria for eligibility and payment rates. The Trust Fund must ensure that payments are made according to the new rates and eligibility criteria, while the Minister must oversee and implement the necessary adjustments and determinations to facilitate these changes. These obligations ensure that the amendments are effectively integrated into the operation of the Trust Fund. Breaches of the provisions outlined in the Bass Strait Freight Adjustment Trust Fund Amendment Act 1985 may result in various civil and criminal consequences. Although specific penalties are not detailed in the provided text, violations of such legislative amendments typically entail penalties under the relevant governing laws. These penalties may include fines, restitution, or other civil remedies for non-compliance. Criminal penalties may also apply, depending on the nature and severity of the breach, and could involve imprisonment or additional financial penalties. The exact penalties would be determined based on the specific provisions of the Principal Act and other relevant legislation.

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