Petroleum Resource Rent Tax Assessment (Combination of Petroleum Projects––C022G) Certificate 2018
I, Senator the Hon Matthew Canavan, Minister for Resources and Northern Australia, make the following certificate.
Dated 10 May 2018
Matthew Canavan
Minister for Resources and Northern Australia
Contents
1 Name...................................................1
2 Commencement............................................1
3 Authority................................................1
4 Definitions...............................................1
5 Schedules................................................1
6 Specified production licences.....................................1
7 Administrative Appeals Tribunal Review of Decisions......................1
Schedule 1—Repeals...........................................2
1 Name
This instrument is the Petroleum Resource Rent Tax Assessment (Combination of Petroleum Projects–C022G) Certificate 2018.
2 Commencement
This certificate commences on the day it is signed by the Minister in accordance with s 20(6) of the Act.
3 Authority
This certificate is made under s 20 of the Act.
4 Definitions
In this certificate:
Act means the Petroleum Resource Rent Tax Assessment Act 1987.
Tribunal has the meaning given in the Administrative Appeals Tribunal Act 1975.
5 Schedules
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
6 Specified production licences
The following Queensland production licences are specified for the purposes of s 20 of the Act:
PL41 | PL42 | PL43 | PL44 | PL45 | PL54 | PL67 | PL101 | PL173 |
PL183 | PL195 | PL200 | PL204 | PL209 | PL215 | PL218 | PL219 | PL220 |
PL226 | PL265 | PL266 | PL267 | PL268 | PL272 | PL297 | PL403 | PL404 |
PL405 | PL407 | PL408 | PL414 | PL415 | PL416 | PL417 | PL418 | PL1011 |
PL1018 |
|
7 Administrative Appeals Tribunal Review of Decisions
Subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Tribunal for review of the decision to issue this certificate, or to repeal the certificate listed in Schedule 1, by or on behalf of the person or persons whose interests are affected by the decision.
Schedule 1—Repeals
Petroleum Resource Rent Tax Assessment Act 1987 - Combination Certificate (C022F)
1 The whole of the instrument
Repeal the instrument
Overview
The Petroleum Resource Rent Tax Assessment (Combination of Petroleum Projects––C022G) Certificate 2018 was enacted to address specific administrative gaps within the Petroleum Resource Rent Tax Assessment Act 1987. This certificate was issued under the authority of the Act by Senator the Hon Matthew Canavan, the Minister for Resources and Northern Australia, on 10 May 2018. The primary objective of this certificate is to facilitate the combination of specified petroleum production licences for the purpose of assessing the Petroleum Resource Rent Tax, thereby streamlining the administrative process and ensuring a more efficient tax regime for the petroleum industry. The certificate also allows for administrative review of its decisions by the Administrative Appeals Tribunal, providing a mechanism for affected parties to seek redress.
Scope and Application
The Petroleum Resource Rent Tax Assessment (Combination of Petroleum Projects–C022G) Certificate 2018 applies to specified petroleum production licences in Queensland, as listed in the Schedule to the Certificate. The instrument is made under section 20 of the Petroleum Resource Rent Tax Assessment Act 1987. It amends or repeals the specified production licences for the purposes of section 20 of the Act. The Certificate commences on the day it is signed by the Minister in accordance with section 20(6) of the Act. The specified licences include PL41, PL42, PL43, and others up to PL1018. Decisions made under this Certificate can be reviewed by the Administrative Appeals Tribunal in accordance with the Administrative Appeals Tribunal Act 1975. The Certificate repeals the previous Combination Certificate (C022F) in its entirety, indicating a change in the approach to the assessment of these specific petroleum projects.
Key Provisions
The Petroleum Resource Rent Tax Assessment (Combination of Petroleum Projects––C022G) Certificate 2018 (the Certificate) is made under section 20 of the Petroleum Resource Rent Tax Assessment Act 1987 (the Act). It sets out the details and effects of the combination of petroleum projects for the purposes of the Petroleum Resource Rent Tax Assessment (the PRRTA). This Certificate specifically applies to the combination of petroleum projects in Queensland, as listed in the Schedule to the Certificate, and it repeals the previous combination certificate, the Petroleum Resource Rent Tax Assessment Act 1987 - Combination Certificate (C022F).
The Certificate requires the combination of certain petroleum production licences for PRRTA purposes, as detailed in the Schedule. This means that the combined projects will be treated as a single project for the purposes of assessing and calculating PRRTA liabilities. The obligations under the Act are primarily concerned with ensuring that the correct tax liabilities are calculated and paid by the operators of the specified petroleum projects, which are now treated as a single entity for PRRTA purposes. This includes ensuring that all relevant financial and operational data is accurately reported and that any tax liabilities are settled in accordance with the Act.
The Certificate imposes obligations on the parties involved, including the operators of the specified petroleum projects. These obligations include providing accurate and complete information to the relevant authorities, ensuring compliance with the PRRTA, and reporting any changes that may affect the tax liabilities of the combined projects. The Act requires these operators to maintain proper records and documentation to support their PRRTA assessments and to make these available for review by the relevant authorities.
There are potential consequences for non-compliance with the Act and the obligations imposed by the Certificate. Offences under the Act can include failure to provide accurate information, failure to pay tax liabilities when due, and other breaches of the PRRTA provisions. Penalties for these offences can include fines and, in serious cases, imprisonment. The maximum penalty for failure to provide information or for providing false or misleading information is generally a fine of up to $11,000 for individuals and $55,000 for corporations. Additionally, there can be civil or criminal consequences for more serious breaches, including the potential for imprisonment for up to two years for offences involving fraudulent or dishonest conduct.