States Grants (Petroleum Products) Amendment Act 1983

Overview

The States Grants (Petroleum Products) Amendment Act 1983 was enacted to address the need to adjust the existing framework of the States Grants (Petroleum Products) Act 1965. This Act was introduced by the Parliament of Australia and received assent on 23 November 1983. The primary aim was to refine the definitions, scope, and operational aspects of the original Act, ensuring it more accurately reflected the contemporary context and the inclusion of the Northern Territory within its purview. By amending various sections, the 1983 Amendment Act sought to update the Principal Act, ensuring that the scheme for grants concerning petroleum products could operate more effectively and inclusively, thereby addressing any legislative gaps or outdated provisions that had arisen over time.

Scope and Application

The States Grants (Petroleum Products) Amendment Act 1983 amends the States Grants (Petroleum Products) Act 1965 to extend the scheme to include the Northern Territory. This Act applies to the distribution and taxation of eligible petroleum products, now including the Northern Territory, and amends the definition of "State" to include the Northern Territory. The amendment specifies that references to a State in the Principal Act shall also include the Northern Territory, thus extending the geographical reach of the scheme to encompass the Northern Territory. The Act further refines the application of the scheme by making specific changes to the provisions of the Principal Act, such as updating references to certain Acts and removing "power kerosene" from the list of eligible petroleum products. The Act also ensures that the Northern Territory is not eligible for power kerosene subsidies under its own Petroleum Products Subsidy Act, aligning its provisions with the Commonwealth scheme. The Act is intended to ensure consistency and integration of petroleum product taxation and subsidies across the Commonwealth, including the Northern Territory.

Key Provisions

The States Grants (Petroleum Products) Amendment Act 1983 (section 5) modifies the original States Grants (Petroleum Products) Act 1965 by excluding references to "power kerosene" and expanding the definition of eligible petroleum products. It also allows for the inclusion of places outside those specified in the scheme's schedule, permitting the scheme to determine rates of payment for eligible petroleum products in these additional areas (section 5(7)). The Act extends the scheme to include the Northern Territory by amending the title of the Principal Act (section 3) and modifying the definition of "State" to include the Northern Territory (section 4(2)). Furthermore, the Act disallows amendments to the schedule of the scheme that would affect the eligibility of power kerosene as a petroleum product under the Northern Territory's Petroleum Products Subsidy Act (section 10). The Act imposes specific obligations on parties governed by it, primarily concerning the administration and implementation of the scheme for distributing grants related to petroleum products. It mandates that the scheme applies to both specified locations and additional places as determined by the scheme itself. The Act also requires that power kerosene is not eligible for the subsidy under the Northern Territory's Petroleum Products Subsidy Act, thereby delineating the scope of the subsidy and ensuring compliance with the Act's provisions. Additionally, it updates references to statutory instruments and evidence acts to reflect current legislative terminology and practices (sections 6 and 7). Violations of the provisions set forth in the States Grants (Petroleum Products) Amendment Act 1983 could result in civil or administrative penalties, depending on the nature and severity of the breach. For example, if an entity fails to comply with the scheme's requirements for determining rates of payment or improperly includes ineligible products like power kerosene in the subsidy, it may face financial penalties or be required to rectify the overpayments (section 11). The Act does not explicitly state maximum penalties but implies that breaches could lead to financial repercussions or corrective actions as deemed appropriate by the relevant authorities. Non-compliance with the legislative updates, such as using outdated references to statutory instruments, might also attract penalties or require entities to adjust their practices accordingly.