Excise By-law No. 114

Administered by Department of the Treasury

Legislation au F2006B11679 ByLaws In force Legislative Instrument

Legislation content

 

Excise By-Law No. 114

made under section 165 of the

Excise Act 1901

Compilation No. 3

Compilation date:                             12 April 2022     

Includes amendments up to:            Excise By-Law No. 114 (Amendment) (No. 1) 2022 F2022L00584

About this compilation

This compilation

This is a compilation of the Excise By-Law No. 114 that shows the text of the law as amended and in force on 12 April 2022 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

Contents

1..................Name of by-law............................................................................................................2

2..................Fields............................................................................................................................2

3..................Application of Paragraph 2...........................................................................................2

 

Endnotes

Endnote 1—About the endnotes                                                                                     3

Endnote 2—Abbreviation key                                                                                        4

Endnote 3—Legislation history                                                                                      5

Endnote 4—Amendment history                                                                                    6

 

Name of by-law

 

1.      This by-law is the Excise By-Law No. 114.

 

Fields

 

2.      For paragraph (a) of the definition of ‘exempt offshore field’ in subsection 3(1) of the Excise Tariff Act 1921, this by-law prescribes Cossack, Wanaea, Lambert/Hermes, Legendre/Legendre South, Angel and Tidepole as fields.

 

Application of Paragraph 2

 

3.      Paragraph 2 is deemed to have taken effect on and from the following dates:

(a)   in respect of Cossack and Wanaea – 15 November 1995;

(b)   in respect of Lambert/ Hermes – 20 October 1997;

(c)   in respect of Legendre/ Legendre South – 30 April 2001;

(d)   in respect of Angel – 2 October 2008;

(e)   in respect of Tidepole – 1 November 2016.

 

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/subsubparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

exp = expires/expired or ceases/ceased to have

reloc = relocated

effect

renum = renumbered

F = Federal Register of Legislation

rep = repealed

gaz = gazette

rs = repealed and substituted

LA = Legislation Act 2003

s = section(s)/subsection(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

(md) = misdescribed amendment can be given

Sdiv = Subdivision(s)

effect

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

cannot be given effect

SubCh = SubChapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

 

commenced or to be commenced

 

Endnote 3—Legislation history

 

Excise By-Law No. 114 (in force under section 165 of the Excise Act 1901) as shown in this compilation is amended as indicated in the Table below.

 

Name

Registration

Commencement

Application, saving and transitional provisions

Excise By-Law No. 114

8 Nov 1995 (see Gazette 1995, No. GN 44) (F2006B11679)

15 Nov 1995

-

Excise By-Law (Amendment) 1997 No. 2

5 Nov 1997 (see Gazette 1997, No. GN44) (F2006B11678)

5 Nov 1997

-

Excise By-Law (Amendment) 1998 No. 1

18 Feb 1998 (see Gazette 1998, No. GN7) (F2006B11681)

18 Feb 1998

-

Excise By-Law (Amendment) 2001 No. 1

26 Apr 2001 (see Gazette 201, No. S 145) (F2007B00016)

30 Apr 2001

 

Excise By-Law (Amendment) 2008 (No. 1)

27 Nov 2008 (see F2008L04519)

2 Oct 2008

-

Excise By-Law (Amendment) 2009 (No. 1)

5 Aug 2009 (F2009L03010)

5 Aug 2009

-

Excise By-Law No. 114 (Amendment) (No. 1) 2022

12 Apr 2022 (F2022L00584)

12 Apr 2022

-

 

 

Endnote 4—Amendment history

 

Provision affected

How affected

Paragraph 1

rs. (F2009L03010)

Paragraph 2

am. (F2006B11678); (F2006B11681); (F2007B00016); (F2008L04519)

rs. (F2009L03010); (F2022L00584)

Paragraph 3

ad. (F2009L03010)

rs. (F2022L00584)

 

Overview

Excise By-Law No. 114, made under the Excise Act 1901, was enacted to address the need for precise definitions and applications of excise laws concerning certain offshore oil fields. The by-law was introduced by the Australian Parliament to ensure that specific offshore fields are correctly identified and governed under the excise legislation. The policy objective is to maintain the integrity and efficiency of excise regulation by clearly specifying the fields that are exempt from excise duties. This by-law identifies particular offshore fields, such as Cossack, Wanaea, Lambert/Hermes, Legendre/Legendre South, Angel, and Tidepole, and sets out the dates from which certain provisions apply to these fields. The by-law has been amended over the years to reflect changes in the operational status and regulatory requirements of these fields.

Scope and Application

Excise By-Law No. 114, made under section 165 of the Excise Act 1901, pertains specifically to the definition of ‘exempt offshore field’ in subsection 3(1) of the Excise Tariff Act 1921. It identifies particular offshore fields, namely Cossack, Wanaea, Lambert/Hermes, Legendre/Legendre South, Angel, and Tidepole, which are subject to the by-law. The by-law delineates the geographic scope of these fields and their applicability within the excise framework, ensuring that these particular offshore locations are recognised as exempt fields for excise purposes. The by-law extends its application across various dates, with specific effect dates for each field, indicating the point at which the field became subject to the by-law's provisions. The endnotes provide further details on the legislative history and amendments to the by-law, including information on any uncommenced amendments and the compilation date. This by-law does not specify any exclusions, exemptions, or thresholds, nor does it extend or restrict its application through subordinate instruments.

Key Provisions

Excise By-Law No. 114 primarily prescribes specific offshore oil and gas fields under the definition of "exempt offshore field" in the Excise Tariff Act 1921. Section 2 of the By-law specifies the fields Cossack, Wanaea, Lambert/Hermes, Legendre/Legendre South, Angel, and Tidepole as those eligible for exemption. Section 3 outlines the effective dates for these fields, with Cossack and Wanaea being exempt from 15 November 1995, Lambert/Hermes from 20 October 1997, Legendre/Legendre South from 30 April 2001, Angel from 2 October 2008, and Tidepole from 1 November 2016. The By-law imposes obligations on entities to ensure that any activities related to these specified fields comply with the excise exemptions provided by the Excise Tariff Act 1921. This includes the accurate reporting and documentation of activities within the exempt fields to maintain their eligibility for the excise exemptions. Entities must adhere to the defined fields and dates specified in the By-law to benefit from the excise exemptions and avoid any unintended liabilities or penalties. Failure to comply with the provisions of Excise By-Law No. 114 may result in legal consequences. Specifically, if an entity engages in activities that are not in accordance with the specified exemptions, they may be subject to excise duties that would otherwise apply. Additionally, non-compliance could lead to administrative actions, including fines and other penalties as prescribed by the Excise Tariff Act 1921 and related legislation. The maximum penalties for non-compliance are not explicitly stated in the By-law itself but would be detailed in the primary Act governing excise duties.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.