Petroleum Excise (Prices) Amendment Act
1990
No. 114 of 1990
An Act to amend the Petroleum Excise (Prices) Act 1987,
and for related purposes
[Assented to 21 December 1990]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
Short title etc.
1. (1) This Act may be cited as the Petroleum Excise (Prices) Amendment Act 1990.
(2) In this Act, “Principal Act” means the Petroleum Excise (Prices) Act 19871.
Commencement
2. This Act is taken to have commenced on 26 December 1987.
Interpretation
3. (1) Section 4 of the Principal Act is amended:
(a) by inserting in the definition of “final VOLWARE price” in subsection (1) “and an oil producing region” after “a month”;
(b) by inserting in the definition of “final VOLWARE price” in subsection (1) “and that region” after “that month”;
(c) by inserting in the definition of “interim VOLWARE price” in subsection (1) “and an oil producing region” after “a month”;
(d) by inserting in the definition of “interim VOLWARE price” in subsection (1) “and that region” after “that month”;
(e) by inserting in the definition of “reference price” in subsection (1) “and an oil producing region” after “a month”;
(f) by inserting in the definition of “reference price” in subsection (1) “and that region” after “that month”;
(g) by inserting in the definition of “reviewable decision” in subsection (1) “and an oil producing region” after “a month” (wherever occurring);
(h) by omitting from subsection (1) the definition of “oil producer” and substituting the following definition:
“ ‘oil producer’ means a person who carries on operations for the recovery of stabilised crude petroleum oil and:
(a) if that oil is obtained from an oil producing region that is located, in whole or in part, on the landward side of the outer limits of the territorial sea of Australia—is the holder of a lease or licence (however described) authorising the obtaining of that oil or a part of that oil, being a lease or licence that is issued under the appropriate law of a State or Territory in which, or in the territorial sea adjacent to which, that region, or a part of that region, is located; or
(b) if that oil is obtained from an oil producing region that is located, in whole or in part, beyond the outer limits of the territorial sea of Australia—is a licensee within the meaning of the Petroleum (Submerged Lands) Act 1967;”;
(j) by inserting in subsection (1) the following definitions:
“ ‘oil producing region’ means:
(a) a production area within the meaning of section 5b of the Excise Tariff Act 1921, being an area from which stabilised crude petroleum oil is obtained and that is prescribed by the regulations as an oil producing region; or
(b) 2 or more production areas within the meaning of that section from which stabilised crude petroleum oil is obtained, being areas that are together so prescribed;
‘VOLWARE commencement date’ in relation to excisable crude petroleum oil obtained from an oil producing region means the date prescribed by the regulations as the date after which final VOLWARE prices and interim VOLWARE prices for each
month are calculated in relation to that oil, not being a date earlier than 31 December 1987;”;
(k) by inserting after subsection (1) the following subsections:
“(1a) Regulations prescribing a production area or production areas as an oil producing region may be expressed to have had effect from 1 January 1988 or from any later day, including a day occurring before the making of the regulations, that is specified in the regulations.
“(1b) Where a production area or production areas are prescribed as an oil producing region with effect from 1 January 1988 or any later day and, after that day, another production area is discovered, the regulations may provide that, with effect from the date of that discovery, the oil producing region is taken to include the production area so discovered.”.
(2) Where regulations are made under the Principal Act as amended by this Act prescribing a production area or production areas as an oil producing region with effect from 1 January 1988 or including an additional production area in such a region:
(a) a determination of a reference price in respect of a month commencing after 31 December 1987 under section 5 of the Prices Act as in force from time to time; or
(b) a determination of an interim VOLWARE price, or a final VOLWARE price, in respect of such a month under section 7 of that Act as so in force;
being a determination made before the making of those regulations, is taken, for the purposes of the Principal Act as amended by this Act, to be, and at all material times to have been, a determination of that price in respect of that month and that region.
(3) Where regulations are made under the Principal Act as amended by this Act prescribing a production area or production areas as an oil producing region with effect from 1 January 1988 or including an additional production area in such a region, regulations made under subsection 5 (3) of the Prices Act as in force from time to time, being regulations made before the making of those first-mentioned regulations, are taken, for the purposes of the Principal Act as amended by this Act, to be, and at all material times to have been, made in respect of that region.
(4) In subsections (2) and (3):
“Prices Act” means the Petroleum Excise (Prices) Act 1987.
Minister etc. to determine reference prices
4. Section 5 of the Principal Act is amended:
(a) by omitting from subsection (1) “shall, before the commencement of each month occurring after 31 December 1987,” and substituting “must, before the commencement of
each month occurring after the VOLWARE commencement date in relation to each oil producing region”;
(b) by inserting in subsection (1) “and that region” after “that month” (wherever occurring);
(c) by inserting in subsection (2) “and an oil producing region” after “a month”;
(d) by inserting in subsection (2) “and that region” after “for a preceding month”;
(e) by omitting from subsection (2) “reference price” (second occurring) and substituting “first-mentioned reference price”;
(f) by inserting in subsection (2) “in respect of that region” after “VOLWARE price has been determined”;
(g) by inserting in paragraph (3) (a) “and an oil producing region” after “a month”;
(h) by inserting in paragraph (3) (a) “in respect of that region” after “has been determined”.
Minister etc. to determine VOLWARE prices
5. Section 7 of the Principal Act is amended:
(a) by inserting in subsection (1) “and an oil producing region” after “a month”;
(b) by inserting in subsection (1) “obtained from that region that are” after “excisable crude petroleum oil”;
(c) by omitting from subsection (2) “31 December 1987” and substituting “the VOLWARE commencement date in relation to an oil producing region”;
(d) by inserting in subsection (2) “and that region” after “that month” (wherever occurring);
(e) by omitting from subsection (3) “31 December 1987” and substituting “the VOLWARE commencement date in relation to an oil producing region”;
(f) by inserting in subsection (3) “and that region” after “that month” (wherever occurring);
(g) by inserting in subsection (4) “and an oil producing region” after “a month”;
(h) by inserting in subsection (5) “and an oil producing region” after “a month”;
(j) by inserting in subsection (6) “and an oil producing region” after “a month”;
(k) by inserting in subsection (6) “obtained from that region” after “excisable crude petroleum oil”;
(m) by inserting in subsection (8) “and an oil producing region” after “a month”;
(n) by inserting in subsection (8) “and that region” after “that month”.
NOTE
1. No. 149, 1987, as amended. For previous amendments, see No. 115, 1988.
[Minister’s second reading speech made in—
House of Representatives on 16 May 1990
Senate on 17 October 1990]