States Grants (Petroleum Products) Act 1973
No. 112 of 1973
AN ACT
To amend the States Grants (Petroleum Products) Act 1965–1969.
[Assented to 16 October 1973]
BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—
Short title and citation.
1. (1) This Act may be cited as the States Grants (Petroleum Products) Act 1973.
(2) The States Grants (Petroleum Products) Act 1965–1969, as amended by this Act, may be cited as the States Grants (Petroleum Products) Act 1965–1973.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Repeal.
3. Section 6 of the States Grants (Petroleum Products) Act 1965–1969 is repealed.
4. After section 7 of the States Grants (Petroleum Products) Act 1965–1969 the following section is inserted:—
Disallowance of amendment of schedule to scheme.
“7a. (1) In this section, ‘amendment’, in relation to the schedule to the scheme in relation to a State, includes the substitution of another schedule for that schedule.
“(2) The provisions of sections 48 and 49 of the Acts Interpretation Act 1901–1973 (other than paragraphs (a) and (b) of sub-section (1), sub-section (2) and sub-section (6) of the first-mentioned section) apply, by force of this section, to amendments of the schedules to the schemes in relation to the States in like manner as those provisions apply in relation to regulations.
“(3) Where an amendment of the schedule to the scheme in relation to a State is disallowed, or is to be deemed to be disallowed, under a provision of the Acts Interpretation Act 1901–1973 as applied by sub-section (2), the schedule has effect as if the amendment bad been revoked with effect from and including the date of the disallowance.”.
Overview
The States Grants (Petroleum Products) Act 1973 was enacted to amend the States Grants (Petroleum Products) Act 1965-1969 and address certain legislative gaps in the regulation of petroleum products. This Act was passed by the Queen, the Senate, and the House of Representatives of Australia and received Royal Assent on 16 October 1973. Its purpose is to introduce specific legislative measures to govern amendments to the schedules of the schemes related to petroleum products in the states, ensuring that they are subject to disallowance processes similar to those applied to regulations. The policy objective is to maintain consistency and oversight in the regulation of petroleum products across states, ensuring amendments are appropriately vetted and aligned with broader legislative frameworks.
Scope and Application
The States Grants (Petroleum Products) Act 1973 applies to the amendment of the schedule to the scheme in relation to a State concerning the allocation of revenue derived from petroleum products to the states of Australia. This Act extends to the Commonwealth of Australia, governing the regulatory framework that influences how the revenue from petroleum products is distributed to the states. The Act does not explicitly detail exclusions or exemptions but implies that its regulatory scope is confined to amendments of the schedule to the scheme as stated. The Act's provisions extend to disallowing amendments of the schedule through subordinate instruments, applying the disallowance procedures outlined in the Acts Interpretation Act 1901–1973.
Key Provisions
The primary operative sections of the States Grants (Petroleum Products) Act 1973 (C1973A00112) focus on amending the existing States Grants (Petroleum Products) Act 1965–1969. Section 3 repeals section 6 of the older Act, while Section 4 inserts a new section, 7a, into the Act (section 7 of the 1965–1969 Act). Section 7a introduces new provisions for the disallowance of amendments to the schedules of the scheme, applying specific sections of the Acts Interpretation Act 1901–1973 to these amendments.
The Act imposes obligations and requirements primarily on the amendment of schedules to the scheme for each state. Section 7a(2) stipulates that certain provisions from the Acts Interpretation Act 1901–1973, excluding some subsections, apply to amendments of these schedules. This means that any changes to the schedules must adhere to the disallowance rules outlined in those sections of the Acts Interpretation Act, ensuring that any amendments can be reviewed and potentially disallowed by parliamentary processes.
In terms of consequences for non-compliance, the Act does not explicitly state penalties for breaches of its provisions. However, the disallowance mechanism provided in Section 7a(3) indicates that if an amendment to a schedule is disallowed, it will have no legal effect from the date of disallowance. This means that any changes made in violation of the disallowance provisions will be rendered ineffective, effectively acting as a deterrent against non-compliance. While the Act does not specify monetary penalties or criminal sanctions, the legal and administrative consequences of having amendments disallowed are significant, potentially impacting the operation and funding mechanisms covered by the scheme.