Customs Tariff Amendment (Greater Sunrise) Act 2004
No. 46, 2004
An Act to amend the Customs Tariff Act 1995, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendment of the Customs Tariff Act 1995
Customs Tariff Amendment (Greater Sunrise) Act 2004
No. 46, 2004
An Act to amend the Customs Tariff Act 1995, and for related purposes
[Assented to 21 April 2004]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Customs Tariff Amendment (Greater Sunrise) Act 2004.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent. | 21 April 2004 |
2. Schedule 1 | At the same time as Schedule 2 to the Greater Sunrise Unitisation Agreement Implementation Act 2004 commences. | 7 February 2007 |
Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendment of the Customs Tariff Act 1995
1 Subsection 3(1)
Insert:
petroleum activity means any activity relating to any of the following operations:
(a) petroleum exploration operations;
(b) operations for the recovery of petroleum;
(c) operations relating to the processing or storage of petroleum;
(d) operations relating to the preparation of petroleum for transport;
(e) operations connected with the construction or operation of a pipeline, within the meaning of the Petroleum (Submerged Lands) Act 1967.
2 After item 22 in Part II of Schedule 4
Insert:
22A | Goods, as prescribed by by‑law, being for use in a petroleum activity in the Eastern Greater Sunrise area, within the meaning of the Petroleum (Submerged Lands) Act 1967 | Free |
[Minister’s second reading speech made in—
House of Representatives on 10 March 2004
Senate on 10 March 2004]
Overview
The Customs Tariff Amendment (Greater Sunrise) Act 2004, enacted by the Parliament of Australia, serves to amend the Customs Tariff Act 1995 to address a specific economic and operational concern related to the Greater Sunrise petroleum project, a significant offshore natural gas and condensate field located in the Timor Sea. The act was designed to ensure that goods used in the petroleum activity within the Eastern Greater Sunrise area would be exempt from customs duties, thereby facilitating smoother operations and potentially reducing costs associated with the extraction and processing of petroleum in this region. This legislative change aligns with the policy objective of supporting the development and economic viability of major offshore petroleum projects, which are critical to Australia's energy sector and economic stability.
The act came into effect on two distinct dates: the general provisions received Royal Assent on 21 April 2004, while the specific amendments to the Customs Tariff Act 1995 under Schedule 1 were set to commence on 7 February 2007, coinciding with the commencement of Schedule 2 to the Greater Sunrise Unitisation Agreement Implementation Act 2004. This timing ensured that the tariff amendments were implemented in coordination with broader legislative changes necessary for the effective management and unitisation of the Greater Sunrise petroleum field.
Scope and Application
The Customs Tariff Amendment (Greater Sunrise) Act 2004 is an Act of the Australian Parliament designed to modify the Customs Tariff Act 1995 specifically in relation to the Greater Sunrise petroleum project. The Act applies to goods intended for use in petroleum activities within the Eastern Greater Sunrise area, which is defined under the Petroleum (Submerged Lands) Act 1967. This includes operations such as petroleum exploration, recovery, processing, storage, preparation for transport, and the construction and operation of pipelines. The geographic reach of the Act is national, as it pertains to a Commonwealth statute that impacts the entire country. The Act came into effect on two separate dates: sections 1 to 3 and unspecified provisions received Royal Assent on 21 April 2004, while Schedule 1, which details the amendment of the Customs Tariff Act 1995, commenced on 7 February 2007, aligning with the commencement of Schedule 2 to the Greater Sunrise Unitisation Agreement Implementation Act 2004. The Act does not explicitly state any exclusions, exemptions, or thresholds, but it does note that the amendments are to be incorporated as per the specified schedule.
Key Provisions
The Customs Tariff Amendment (Greater Sunrise) Act 2004 (No. 46, 2004) amends the Customs Tariff Act 1995. The Act received Royal Assent on 21 April 2004 and the amendments to the Customs Tariff Act 1995 took effect on 7 February 2007. This Act specifically inserts a new definition of "petroleum activity" in subsection 3(1) of the Customs Tariff Act 1995 and adds a new item, 22A, in Part II of Schedule 4 of the same Act. The new definition of petroleum activity includes any operations related to petroleum exploration, recovery, processing, storage, preparation for transport, and the construction or operation of a pipeline within the meaning of the Petroleum (Submerged Lands) Act 1967. The new item 22A provides for goods prescribed by by-law, which are intended for use in a petroleum activity in the Eastern Greater Sunrise area.
The Customs Tariff Amendment (Greater Sunrise) Act 2004 imposes specific obligations on entities involved in petroleum activities in the Eastern Greater Sunrise area. These obligations include ensuring that any goods used in these activities are prescribed by by-law and are properly classified under the new item 22A in Schedule 4 of the Customs Tariff Act 1995. This ensures that these goods are subject to the appropriate tariff treatment, which may include zero-rating or reduced tariff rates. Compliance with these obligations is necessary to benefit from the tariff concessions provided by the Act.
The Act does not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, non-compliance with the obligations to classify goods correctly under the new item 22A may result in the goods being subject to higher tariff rates or other penalties as outlined in the Customs Tariff Act 1995. This could potentially lead to increased costs for entities involved in petroleum activities in the Eastern Greater Sunrise area. While specific penalties are not outlined in the Customs Tariff Amendment (Greater Sunrise) Act 2004, breaches of the Customs Tariff Act 1995, which this Act amends, may attract civil or criminal penalties as per the relevant provisions of that Act.