Liquefied Petroleum Gas (Grants) Amendment Act 1985

Overview

The Liquefied Petroleum Gas (Grants) Amendment Act 1985, enacted by the Queen in Parliament, was designed to address the financial assistance schemes under the Liquefied Petroleum Gas (Grants) Act 1980. The Act revokes the schemes that provided financial assistance for the sale and delivery of liquefied petroleum gas and naphtha. It modifies the Principal Act by adjusting the period to which it applies and includes consequential amendments to ensure the Principal Act no longer requires or has required financial assistance payments for transactions occurring after the Act's commencement on 1 October 1985. This amendment reflects a policy decision to terminate the financial support provided under the original Act.

Scope and Application

The Liquefied Petroleum Gas (Grants) Amendment Act 1985 applies to the Commonwealth and the states of Australia, specifically addressing the financial assistance provided under the Liquefied Petroleum Gas (Grants) Act 1980. This Act amends and ultimately terminates the financial assistance schemes that were in place for the sale and delivery of liquefied petroleum gas (LPG) and naphtha. The Act applies to all payments made after its commencement on 1 October 1985, effectively revoking any schemes that were operational prior to this date. The legislation ensures that no further payments are required by states for LPG sold or delivered after this date, nor are states required to provide financial assistance to individuals or entities for such transactions. The Act does not specify exclusions or exemptions, but it does clarify that its provisions extend to any relevant transactions and entities engaged in the sale or delivery of LPG and naphtha.

Key Provisions

The Liquefied Petroleum Gas (Grants) Amendment Act 1985 (sections 1-5) amends the Liquefied Petroleum Gas (Grants) Act 1980 by ending financial assistance under that Act. The Act comes into effect on 1 October 1985 (section 2). It redefines the period to which the Principal Act applies by substituting “30 September 1985” for “31 March 1987” (section 3). The Act also makes consequential amendments to the Principal Act, as detailed in the Schedule. These amendments include modifying specific dates and periods referenced in the Principal Act (Schedule). Additionally, the Act revokes any schemes in operation before its commencement and ensures that neither the Principal Act nor any scheme requires or has required payments related to liquefied petroleum gas sold or delivered after the Act’s commencement (section 5). Under this Act, any schemes in operation immediately before the Act’s commencement are deemed revoked (section 5(1)). It clarifies that neither the Principal Act nor any scheme requires payments by a State to a person for liquefied petroleum gas sold or delivered after 1 October 1985 (section 5(2)). Similarly, the Principal Act does not require payments to a State as financial assistance for such activities (section 5(3)). This applies specifically to section 13 of the Principal Act (section 5(4)). The definitions of “scheme” and “State” remain unchanged from the Principal Act (section 5(5)). The Act imposes obligations on States and entities involved in the sale or delivery of liquefied petroleum gas by revoking existing schemes and prohibiting future payments related to these activities after the Act’s commencement. Any attempt to make such payments would be in violation of the Act’s provisions. The consequential amendments ensure that the Principal Act reflects the changes brought about by the Amendment Act, effectively discontinuing any financial assistance related to liquefied petroleum gas sales or deliveries after the specified date. The Act does not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, any actions taken in contravention of the Act, such as continuing to make payments after the Act’s commencement, could potentially lead to legal consequences under the relevant laws governing the Principal Act and any related regulations or agreements. The severity of such consequences would depend on the specific legal context and any applicable penalties under the Principal Act or other relevant legislation.