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Liquefied Petroleum Gas (Grants) Act 1980

Authoritative Version
Act No. 37 of 1980 as made
An Act to grant financial assistance to the States and the Northern Territory in connection with the prices, when sold for certain non-commercial uses, of liquefied petroleum gas and gas produced by the use of liquefied petroleum gas or naphtha
Date of Assent 23 May 1980
Date of repeal 23 Mar 2006
Repealed by Statute Law Revision Act 2006

Liquefied Petroleum Gas (Grants) Act 1980

No. 37 of 1980

 

 

An Act to grant financial assistance to the States and the Northern Territory in connection with the prices, when sold for certain non-commercial uses, of liquefied petroleum gas and gas produced by the use of liquefied petroleum gas or naphtha

[Assented to 23 May 1980]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title

1. This Act may be cited as the Liquefied Petroleum Gas (Grants) Act 1980.

Commencement

2. This Act shall be deemed to have come into operation on 28 March 1980.

Interpretation

3. In this Act, unless the contrary intention appears—

“approved person” means a person who is an approved person for the purposes of this Act by virtue of an appointment under section 8;

“commencing date” means the date on which this Act is to be deemed to have come into operation;

“eligible reticulation gas” means gas supplied to premises by means of pipes, being gas the production of which involves the use of liquefied petroleum gas or naphtha;

“eligible use”, in relation to liquefied petroleum gas or eligible reticulation gas, means—

(a) the use of the gas at residential premises in providing food and drink for, in providing heating, air-conditioning, hot water or similar amenities for, or in meeting other domestic requirements of, residents of the premises;

(b) the use of the gas at a hospital, nursing home or other institution providing medical or nursing care, not being an institution conducted for the profit, direct or indirect, of a person; or

(c) the use of the gas at a school, not being a school conducted for the profit, direct or indirect, of an individual or individuals;

“gas cylinder” means a cylinder designed to contain liquefied petroleum gas;

“period to which this Act applies” means the period of 3 years commencing on the commencing date;

“prescribed cylinder” means a gas cylinder designed to contain not more than 46 kg of liquefied petroleum gas, but does not include a gas cylinder designed with liquid draw-off for the supply of fuel to an internal combustion engine;

“residential premises” means—

(a) premises used as a house; or

(b) other premises at which at least one person resides,

but does not include—

(c) premises used to conduct the business of a hotel, motel or boarding house or a similar business;

(d) premises used as a hospital, nursing home or other institution providing medical or nursing care;

(e) premises used as a boarding school; or

(f) premises referred to in paragraph (b) that are included in a class of premises declared by the Minister, by notice published in the Gazette, to be a class of premises that are not residential premises for the purposes of this Act;

“scheme” means a scheme formulated under paragraph 5(1)(a) or (d) and includes such a scheme as amended under paragraph 5(1)(b);

“State” includes the Northern Territory and, in relation to a scheme, means the State to which the scheme relates.

Grants of financial assistance

4. There are payable to each State, by way of financial assistance, amounts equal to the amounts expended by that State in making payments to distributors of liquefied petroleum gas or eligible reticulation gas in accordance with a scheme formulated by the Minister in relation to that State for the purposes of this Act.

Power of Minister to formulate schemes

5. (1) Subject to this Act, the Minister may, by writing signed by him—

(a) formulate a scheme in relation to a State for the purposes of this Act;

(b) amend a scheme so formulated (including a scheme that has been previously amended);

(c) revoke a scheme so formulated (including a scheme that has been amended); and

(d) where a scheme has been so revoked—formulate a new scheme in place of the scheme so revoked.

(2) Except as authorized by a resolution of each House of the Parliament, the Minister shall not revoke, or otherwise terminate the operation of, a scheme formulated under paragraph 1(a) or (d), whether or not the scheme has been amended.

(3) A scheme in relation to a State shall comply with sections 6 and 7.

Provisions of scheme—liquefied petroleum gas

6. (1) A scheme shall contain—

(a) a provision authorizing the Minister or an approved person to register persons as distributors of liquefied petroleum gas for the purposes of the scheme;

(b) a provision that such registration may take effect from the commencing date or any later date;

(c) a provision authorizing the Minister or an approved person to revoke the registration of a person so registered; and

(d) a provision that the persons to whom payments may be made by the State under the scheme in respect of the sale of liquefied petroleum gas shall be such distributors of liquefied petroleum gas as are so registered under the scheme.

(2) A scheme shall not permit the registration under the scheme of a distributor of liquefied petroleum gas unless he has entered into an agreement in writing with the Commonwealth and the State, or given an undertaking in writing to the Commonwealth, to the effect that—

(a) any liquefied petroleum gas that, after the agreement is entered into or the undertaking is given and before the expiration of the period to which this Act applies, is sold by him for eligible use will be sold by him at a price that gives to the purchaser the benefit of any payment under the scheme received or to be received by him in respect of the sale; and

(b) he will not make a claim for a payment from the State in respect of the sale of any liquefied petroleum gas, including a sale before the agreement was made or the undertaking was given, unless he sold the gas at a price that gave to the purchaser the benefit of the payment that the distributor claims to receive in respect of the sale.

(3) A scheme shall contain—

(a) a provision that, where the Minister or an approved person is satisfied, by reason of the size or location of a container, that liquefied petroleum gas decanted into the container will be used primarily for decanting into prescribed cylinders, the Minister or the approved person may determine that the container is a container the decanting into which of liquefied petroleum gas is substantially equivalent to the supply of that gas for eligible use;

(b) a provision authorizing the Minister or an approved person to revoke a determination referred to in paragraph (a);

(c) a provision that, where the Minister or an approved person is satisfied, by reason of the size or location of a container, that liquefied petroleum gas decanted into the container during a past period commencing on or after the commencing date was used primarily for decanting into prescribed cylinders, the Minister or the approved person may determine that the container was, during that period, a container the decanting into which of liquefied petroleum gas was substantially equivalent to the supply of that gas for eligible use; and

(d) a provision that a determination referred to in paragraph (c) shall be deemed to have been in force during, and only during, the period to which it relates.

(4) A scheme shall contain—

(a) a provision that, for the purposes of the scheme, liquefied petroleum gas sold by a registered distributor of liquefied petroleum gas shall be deemed to have been sold for eligible use if the gas is supplied to the purchaser by decanting the gas into—

(i) a prescribed cylinder; or

(ii) a container in respect of which a determination referred to in sub-section (3) is in force,

and was not so decanted, and had never previously been decanted, from a prescribed cylinder or a container referred to in sub-paragraph (ii); and

(b) a provision that, where liquefied petroleum gas is deemed to have been sold for eligible use, any subsequent sale of that gas shall be deemed to be a sale for other than eligible use.

(5) A scheme shall contain a provision that, for the purposes of the scheme but subject to the provisions required by sub-section (4), where a quantity of liquefied petroleum gas sold by a registered distributor of such gas is sold partly for eligible use and partly for other use, that quantity shall be deemed to have been sold—

(a) where more than 50% of that quantity is sold for eligible use—for eligible use; or

(b) in any other case—for other than eligible use.

(6) A scheme shall contain a provision that, where—

(a) a quantity of liquefied petroleum gas, or each quantity of such gas supplied to premises included in a class of premises, is sold partly for eligible use and partly for other use; and

(b) the Minister or an approved person is satisfied that the percentage of that quantity or each of those quantities, as the case may be, that is sold for eligible use cannot be determined,

the percentage of that quantity or each of those quantities, as the case may be, sold for eligible use shall, for the purposes of the scheme, be such percentage as is estimated by the Minister or the approved person, having regard to such information as is available to him, to be the percentage of that quantity or each of those quantities, as the case may be, that is so sold.

(7) A scheme—

(a) shall provide for payments by the State to registered distributors of liquefied petroleum gas in respect of liquefied petroleum gas that, during the period to which this Act applies, is, or has been, sold by them for eligible use; and

(b) shall provide that payments referred to in paragraph (a) made to a registered distributor of liquefied petroleum gas shall be at the rate of $80 per tonne of the weight of liquefied petroleum gas that, during the period to which this Act applies, is, or has been, sold by him for eligible use.

Provisions of scheme—eligible reticulation gas

7. (1) A scheme shall contain—

(a) a provision authorizing the Minister or an approved person to register persons as distributors of eligible reticulation gas for the purposes of the scheme;

(b) a provision that such registration may take effect from the commencing date or any later date;

(c) a provision authorizing the Minister or an approved person to revoke the registration of a person so registered; and

(d) a provision that the persons to whom payments may be made by the State under the scheme in respect of the purchase of liquefied petroleum gas or naphtha shall be such distributors of eligible reticulation gas as are so registered under the scheme.

(2) A scheme shall not permit the registration under the scheme of a distributor of eligible reticulation gas unless he has entered into an agreement in writing with the Commonwealth and the State, or given an undertaking in writing to the Commonwealth, to the effect that—

(a) any eligible reticulation gas that, after the agreement is entered into or the undertaking is given and before the expiration of the period to which the Act applies, is sold by him for eligible use and in the production of which he uses liquefied petroleum gas or naphtha purchased by him and, during the period to which this Act applies, delivered to him will be sold by him at a price that gives to the purchaser the benefit of any payment under the scheme received or to be received by him in respect of the purchase; and

(b) he will not make a claim for a payment from the State in respect of the purchase by him of any liquefied petroleum gas or naphtha unless eligible reticulation gas sold by him for eligible use produced by using the liquefied petroleum gas or naphtha was so sold at a price that gave to the purchaser the benefit of the payment that the distributor claims to receive in respect of the purchase of the gas or naphtha by him.

(3) A scheme shall contain a provision that, for the purposes of the scheme, where a quantity of eligible reticulation gas sold by a registered distributor of such gas is sold partly for eligible use and partly for other use, that quantity shall be deemed to have been sold—

(a) where more than 50% of that quantity is sold for eligible use—for eligible use; or

(b) in any other case—for other than eligible use.


 

(4) A scheme shall contain a provision that, where—

(a) a quantity of eligible reticulation gas, or each quantity of such gas supplied to premises included in a class of premises, is sold partly for eligible use and partly for other use; and

(b) the Minister or an approved person is satisfied that the percentage of that quantity or each of those quantities, as the case may be, that is sold for eligible use cannot be determined,

the percentage of that quantity or each of those quantities, as the case may be, sold for eligible use shall, for the purposes of the scheme, be such percentage as is estimated by the Minister or the approved person, having regard to such information as is available to him, to be the percentage of that quantity or each of those quantities, as the case may be, that is so sold.

(5) A scheme shall contain a provision that, where the Minister or an approved person is satisfied that the number of cubic metres of eligible reticulation gas sold, or sold for eligible use, by a registered distributor of such gas during a period in respect of which the distributor rendered accounts for gas sold by him cannot be accurately determined, the number of cubic metres of such gas so sold or sold for eligible use, as the case may be, shall, for the purposes of the scheme, be such number as is estimated by the Minister or the approved person, having regard to such information as is available to him, to be the number of cubic metres of such gas so sold or sold for eligible use, as the case may be.

(6) A scheme shall contain a provision that, for the purposes of the scheme, where, in the course of the delivery to a registered distributor of eligible reticulation gas of liquefied petroleum gas or naphtha purchased by him for use in the production of eligible reticulation gas, part of that gas or naphtha so purchased is lost by natural wastage, that gas or naphtha so lost shall be taken to have been delivered with the rest of that gas purchased.

(7) A scheme—

(a) shall provide for payments by the State to registered distributors of eligible reticulation gas in respect of liquefied petroleum gas or naphtha purchased by them for use in the production of eligible reticulation gas for sale by them for eligible use, being liquefied petroleum gas or naphtha delivered to them during the period to which this Act applies; and

(b) shall provide that a payment referred to in paragraph (a) made to a registered distributor of eligible reticulation gas shall be a payment in respect of the year commencing on the commencing date or one of the 2 next succeeding years of an amount calculated in accordance with the formula—

where—

A is the number of cubic metres of eligible reticulation gas that during the periods in respect of which the distributor rendered accounts for gas sold by him the whole or at least the last day of which fell within that year was sold by him for eligible use;

B is the number of cubic metres of eligible reticulation gas that during those periods was sold by the distributor;

C is the number of the tonnes of liquefied petroleum gas delivered to the distributor during that year that was purchased by him for use in the production of eligible reticulation gas for sale by him;

D is the number of the tonnes of naphtha delivered to the distributor during that year that was purchased by him for use in the production of eligible reticulation gas for sale by him.

Appointment of approved persons

8. The Minister may, by writing signed by him, appoint a person or persons to be an approved person or approved persons for the purposes of this Act.

Evidence of scheme

9. The scheme in relation to a State shall be deemed to be an order made by the Minister within the meaning of section 5 of the Evidence Act 1905.

Information to be furnished by State

10. A State is not entitled to a payment under this Act in relation to amounts expended by the State unless the State furnishes to the Minister for Finance—

(a) a statement in respect of those amounts in accordance with the form approved by the Minister for Finance, accompanied by a certificate of the Auditor-General of the State certifying that the amounts shown in the statement were expended in making payments in accordance with the scheme in relation to the State for the purposes of this Act; and

(b) such further information (if any) as the Minister for Finance requires in respect of those amounts.

Advances

11. The Minister for Finance may, at such times as he thinks fit, make advances to a State of such amounts as he thinks fit on account of an amount that may become payable under this Act to that State.

Overpayments

12. Payment to a State under this Act of any amount (including an advance) is subject to the condition that the State will repay to the Commonwealth, on demand by the Minister for Finance, the amount by which, at the time of the demand, the total of the amounts (including advances) paid to the State under this Act exceeds the total of the amounts that have become payable to the State under section 4 of this Act.

Indemnity

13. (1) The Commonwealth shall pay to a State the amount of any damages or costs paid or incurred by the State in or in connection with any action or proceeding arising out of an act or thing done or omitted to be done by the State in pursuance of the scheme in relation to the State for the purposes of this Act.

(2) Sections 10, 11 and 12 do not apply to or in relation to a payment made in pursuance of this section.

Appropriation

14. Payments under this Act are payable out of the Consolidated Revenue Fund, which is appropriated accordingly.

Applications for Review

15. Applications may be made to the Administrative Appeals Tribunal for review of—

(a) a refusal of the Minister or an approved person to register a person under a provision required by paragraph 6(1)(a);

(b) a decision of the Minister or an approved person for the purposes of the provision required by paragraph 6(1)(b) or a refusal to make such a decision;

(c) the revocation by the Minister or an approved person of the registration of a person under a provision required by paragraph 6(1)(c);

(d) a refusal of the Minister or an approved person to make a determination for the purposes of a provision required by paragraph 6(3)(a);

(e) a revocation by the Minister or an approved person of a determination under a provision required by paragraph 6(3)(b);

(f) a determination of the Minister or an approved person for the purposes of a provision required by paragraph 6(3)(c) or a refusal of the Minister or an approved person to make a determination for the purposes of that provision;

(g) an estimate made by the Minister or an approved person for the purposes of a provision required by sub-section 6(6);

(h) a refusal by the Minister or an approved person to register a person under a provision required by paragraph 7(1)(a);

(j) a decision of the Minister or an approved person for the purposes of the provision required by paragraph 7(1)(b) or a refusal to make such a decision;

(k) a revocation by the Minister or an approved person of the registration of a person under a provision required by paragraph 7(1)(c); or

(l) an estimate made by the Minister or an approved person for the purposes of a provision required by sub-section 7(4);

(m) an estimate made by the Minister or an approved person for the purposes of a provision required by sub-section 7(5).

Regulations

16. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.