States Grants (Petroleum Products)
No. 90 of 1969
An Act to amend section 6 of the States Grants (Petroleum Products) Acts 1965.
[Assented to 27 September 1969]
BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the States Grants (Petroleum Products) Act 1969.
(2.) The States Grants (Petroleum Products) Acts 1965, as amended by this Act, may be cited as the States Grants (Petroleum Products) Act 1965–1969.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Amendment of schedule to scheme.
3. Section 6 of the States Grants (Petroleum Products) Acts 1965 is amended—
(a) by omitting sub-section (3.);
(b) by omitting from sub-section (4.) the words “either of the last two preceding sub-sections” and inserting in their stead the words “sub-section (2.) of this section”; and
(c) by omitting sub-section (6.) and inserting in its stead the following sub-sections:—
“(6.) Before the first day of December, One thousand nine hundred and sixty-nine, the Minister may amend the schedule to the scheme in relation to a State by varying any rate set out in that schedule having regard to any change of circumstances that has occurred since the thirty-first day of December, One thousand nine hundred and sixty-four.
“(7.) An amendment made in accordance with the last preceding sub-section shall take effect on the first day of December, One thousand nine hundred and sixty-nine.
“(8.) Where, after the first day of December, One thousand nine hundred and sixty-nine, the Minister is satisfied that, by reason of circumstances that existed on that date, it is desirable to vary a rate set out in the schedule to the scheme in relation to a State, he may amend the schedule by varying that rate.”.
Overview
The States Grants (Petroleum Products) Act 1969 was enacted to amend the States Grants (Petroleum Products) Act 1965. This legislation was introduced by the Australian Parliament to address the need for flexibility in the rates set out in the schedule of the scheme, allowing for changes in response to shifting circumstances. The Act provides the Minister with the authority to modify the rates before and after a specific date, enhancing the responsiveness of the scheme to economic and other relevant changes. The primary policy objective is to ensure that the scheme remains relevant and effective by enabling timely adjustments to the rates in light of new developments since the last amendment.
Scope and Application
The States Grants (Petroleum Products) Act 1969 applies to the Minister for the purpose of amending the schedule to the scheme related to the distribution of petroleum products grants to states. The Act amends the existing States Grants (Petroleum Products) Act 1965, thereby affecting the rates and conditions under which these grants are provided. The jurisdiction of this Act is national, extending across the Commonwealth of Australia, and it applies to the federal government's administration of petroleum products grants to the states. There are no specific exclusions or thresholds mentioned within the Act itself; however, the application and implementation of the amendments are subject to the Minister's discretion based on changing circumstances. The Act does not explicitly mention subordinate instruments extending or restricting its application, suggesting that its provisions are primarily contained within the Act itself.
Key Provisions
The main operative sections of the States Grants (Petroleum Products) Act 1969 (referred to as Act No. 90 of 1969) concern the amendment of section 6 of the States Grants (Petroleum Products) Act 1965. Specifically, this Act modifies the existing schedule to the scheme by removing subsections (3) and (6) and replacing them with new subsections (6) and (7). The Act also modifies subsection (4) to change the reference from "either of the last two preceding sub-sections" to "sub-section (2) of this section" (section 3(a)-(c)). This amendment grants the Minister the authority to vary any rate set out in the schedule to the scheme before and after December 1, 1969, in light of any changes in circumstances since December 31, 1964 (section 3(c)).
The obligations and requirements imposed by this Act primarily revolve around the administration and adjustment of rates specified in the schedule to the scheme. The Minister is tasked with considering changes in circumstances that have occurred since December 31, 1964, and is empowered to amend the schedule accordingly. Before December 1, 1969, the Minister may vary any rate set out in the schedule in response to these changes (section 3(6)). Post December 1, 1969, the Minister retains the authority to amend the schedule if it is deemed desirable based on circumstances existing on that date (section 3(8)). The amended rates must take effect from December 1, 1969 (section 3(7)).
The Act does not explicitly outline offences, penalties, or civil and criminal consequences for non-compliance or breaches. However, the authority granted to the Minister to amend rates in the schedule to the scheme suggests a framework for adjustments based on changing circumstances. The absence of specific penalties in the Act might imply that the focus is more on flexibility and responsiveness to economic or other relevant factors impacting the rates rather than punitive measures for non-compliance.
In summary, the Act provides a mechanism for the Minister to adjust rates in the schedule to the scheme by considering changes in circumstances since December 31, 1964, with specific provisions for amendments before and after December 1, 1969. While the Act does not detail specific penalties for breaches, its primary aim appears to be ensuring the schedule to the scheme remains relevant and responsive to changing conditions.