Federal Register of Legislation - Australian Government

Primary content

Petroleum Excise (Prices) Act 1987

  • - C2004A03558
  • In force - Superseded Version
  • View Series
Act No. 149 of 1987 as made
An Act to establish prices in relation to which Duties of Excise are to be imposed on certain crude petroleum oil, and for related purposes
Administered by: Treasury
Date of Assent 26 Dec 1987
 

PETROLEUM EXCISE (PRICES) ACT 1987 No. 149, 1987

PETROLEUM EXCISE (PRICES) ACT 1987 No. 149, 1987 - TABLE OF PROVISIONS

TABLE OF PROVISIONS

PART I-PRELIMINARY
Section

1. Short title

2. Commencement

3. Incorporation

4. Interpretation

PART II-DETERMINATION OF PRICES

5. Minister etc. to determine reference prices

6. Oil producers to give certain information

7. Minister etc. to determine VOLWARE prices

8. Notification of prices

PART III-MISCELLANEOUS

9. Inspection of documents

10. Obtaining of information and evidence

11. Conduct by directors, servants or agents

12. Review of certain decisions

13. Statements to accompany notification of reviewable decisions

14. Regulations

PETROLEUM EXCISE (PRICES) ACT 1987 No. 149, 1987 - LONG TITLE

An Act to establish prices in relation to which Duties of Excise are to be
imposed on certain crude petroleum oil, and for related purposes

PETROLEUM EXCISE (PRICES) ACT 1987 No. 149, 1987 - PART I
PART I-PRELIMINARY

PETROLEUM EXCISE (PRICES) ACT 1987 No. 149, 1987 - SECT 1
Short title

(Assented to 26 December 1987)
1. This Act may be cited as the Petroleum Excise (Prices) Act 1987.
(Minister's second reading speech made in-
House of Representatives on 18 November 1987
Senate on 25 November 1987)

PETROLEUM EXCISE (PRICES) ACT 1987 No. 149, 1987 - SECT 2
Commencement

2. This Act shall come into operation on the day on which it receives the Royal Assent.

PETROLEUM EXCISE (PRICES) ACT 1987 No. 149, 1987 - SECT 3
Incorporation

3. The Excise Act 1901 and the Excise Tariff Act 1921 are incorporated and shall be read as one with this Act.

PETROLEUM EXCISE (PRICES) ACT 1987 No. 149, 1987 - SECT 4
Interpretation

4. (1) In this Act, unless the contrary intention appears:
"excisable crude petroleum oil" means stabilised crude petroleum oil in respect of which paragraph 17 (A) (2) in the Schedule to the Excise Tariff Act 1921 applies, or will, upon the entry of the oil for home consumption, apply;
"final VOLWARE price", in relation to a month, means the price determined under subsection 7 (3) for that month;
"interim VOLWARE price", in relation to a month, means the price determined under subsection 7 (2) for that month;
"oil producer" means a person who:
(a) carries on operations for the recovery of excisable crude petroleum
oil; and
(b) is a licensee within the meaning of the Petroleum (Submerged Lands)
Act 1967;
"month" means one of the 12 months of a calendar year;
"reference price", in relation to a month, means the price determined under subsection 5 (1) for that month;
"reviewable decision" means:
(a) a determination of the final VOLWARE price for a month under
subsection 7 (3);
(b) a decision to fix a price for a transaction under subsection 7 (6); or
(c) a decision under subsection 7 (9) to amend a determination of the
final VOLWARE price for a month under subsection 7 (3);
"transaction price", in relation to a quantity of excisable crude petroleum oil, means, subject to subsection 7 (6), the price for which the oil producer of the oil has, or is deemed to have, sold the quantity of oil;
"VOLWARE price" means an interim VOLWARE price or a final VOLWARE price.

(2) Where an oil producer of a quantity of excisable crude petroleum oil does not sell the oil but converts it into another product, then, for the purposes of this Act:
(a) the producer shall be deemed to have entered into a transaction, at the time the oil was entered for home consumption, under which the oil is sold to another person at that time; and
(b) the transaction shall be deemed to have been entered into in such circumstances, and for such a price, as to empower the Minister to fix a transaction price in respect of the oil under subsection 7 (6) for the purposes of the determining of VOLWARE prices for a month.

PETROLEUM EXCISE (PRICES) ACT 1987 No. 149, 1987 - PART II
PART II-DETERMINATION OF PRICES


Back to Top

PETROLEUM EXCISE (PRICES) ACT 1987 No. 149, 1987 - SECT 5
Minister etc. to determine reference prices

5. (1) The Minister, or a person authorised by the Minister to exercise the Minister's powers under this section, shall, before the commencement of each month occurring after 31 December 1987, determine a price in relation to that month, to be known as the reference price for that month (expressed as an amount of Australian dollars, calculated to the nearest cent, per kilolitre), being an estimate by the Minister or authorised person of the price that is most likely to be the final VOLWARE price for that month.

(2) Where, when the reference price for a month is determined, the interim VOLWARE price for a preceding month has been determined under subsection 7 (2), the reference price shall be the interim VOLWARE price for the last month for which the interim VOLWARE price has been determined, as adjusted to take account of:
(a) any variations that have occurred in:
(i) prices that have been paid for crude petroleum oil on world markets;
and
(ii) the value of the Australian currency; and
(b) such other matters (if any) as are prescribed.

(3) The regulations may provide for:
(a) the method of calculating the reference price for a month if, at the time the price is determined, no interim VOLWARE price for a preceding month has been determined; and
(b) the method of calculating the amounts of any adjustments to be made for the purpose of determining a reference price in accordance with subsection (2).

PETROLEUM EXCISE (PRICES) ACT 1987 No. 149, 1987 - SECT 6
Oil producers to give certain information

6. (1) An oil producer of excisable crude petroleum oil entered for home consumption during a particular month shall, in respect of each transaction entered into by the producer concerning that oil, give to the Minister such information as is prescribed.

(2) The Minister shall, by notice published in the Gazette, specify:
(a) the form in which the information is to be given; and
(b) the times within which the information is, or parts of the information are, to be given;
and the oil producer shall give the information accordingly.

(3) A person shall not, in purported compliance with this section, knowingly or recklessly give information that is false or misleading in a material particular.
Penalty:
(a) in the case of a natural person-$2,000 or imprisonment for 12 months, or both; or
(b) in the case of a body corporate-$10,000.

PETROLEUM EXCISE (PRICES) ACT 1987 No. 149, 1987 - SECT 7
Minister etc. to determine VOLWARE prices

7. (1) A reference in this section to the volume weighted average of realised prices for a month is a reference to the amount (expressed as an amount of Australian dollars, calculated to the nearest cent, per kilolitre) obtained by dividing the sum of the transaction prices in respect of quantities of excisable crude petroleum oil entered for home consumption during the month by the total volume of that oil.

(2) The Minister, or a person authorised by the Minister to exercise the Minister's powers under this section, shall, not later than one month after the end of each month occurring after 31 December 1987, determine a price in relation to that month, to be known as the interim VOLWARE price for that month, being an estimate by the Minister or authorised person, on the basis of the information available to him or her at the time (being information obtained pursuant to section 6 or otherwise), of the amount that will finally be determined to be the volume weighted average of realised prices for that month.

(3) The Minister, or a person authorised by the Minister to exercise the Minister's powers under this section, shall, not later than 6 months after the end of each month occurring after 31 December 1987, determine a price in relation to that month, to be known as the final VOLWARE price for that month, being the final determination by the Minister or authorised person of the volume weighted average of realised prices for that month.

(4) A determination of the final VOLWARE price for a month shall not be made unless:
(a) the Minister or authorised person is satisfied that accurate and complete information concerning all of the transactions relevant to determining the price has become available to the Minister or authorised person; or
(b) 5 months and 20 days have passed since the end of that month and information that the Minister or authorised person is satisfied is accurate and complete concerning all of those transactions has not yet become available to the Minister or authorised person.

(5) Subject to subsection (6), the regulations may provide for:
(a) the manner in which transaction prices for quantities of excisable

Back to Top

crude petroleum oil are to be calculated for the purposes of determining the volume weighted average of realised prices for a month; and
(b) the manner in which the total volume of excisable crude petroleum oil is to be calculated for the purposes of such a determination.

(6) In determining the volume weighted average of realised prices for a month, the Minister or authorised person may fix, for the purposes of the determination, the transaction price in respect of a quantity of excisable crude petroleum oil, being a price that he or she considers to be fair and reasonable, in substitution for a price set out in information given under section 6 if he or she considers that:
(a) the parties to any transaction concerning the oil were not dealing at arm's length in relation to that transaction; and
(b) the price set out is less than the amount that could reasonably be expected to be the price if the parties had been dealing at arm's length.

(7) Where the Minister or authorised person fixes a price for a transaction under subsection (6), he or she shall notify the oil producer in writing of the fixing of the price, giving the reasons for it.

(8) The fact that a transaction price for a particular transaction has not been fixed, under subsection (6), for the purpose of determining the interim VOLWARE price for a month does not preclude the fixing of a transaction price for that transaction, under subsection (6), for the purposes of determining the final VOLWARE price for that month.

(9) Subject to subsection (10), the Minister, or a person authorised by the Minister to exercise the Minister's powers under this section, may, at any time after a final VOLWARE price is determined under subsection (3), amend the determination if he or she is satisfied that the determination is incorrect because of:
(a) the making of an error in calculation or a mistake of fact; or
(b) the giving of information that was inaccurate or incomplete to the Minister or authorised person.

(10) The Minister or authorised person shall not, under subsection (9), amend a determination after the expiration of 3 years from the day on which the determination was made unless he or she is satisfied that the determination is incorrect because information given to the Minister or authorised person is inaccurate or incomplete due to the fraud or evasion of an oil producer.

(11) For the purposes of this Act (other than subsection (9) of this section) and the Acts referred to in section 3, where a determination has been amended under subsection (9), it has effect, as so amended, as a determination under subsection (3).

PETROLEUM EXCISE (PRICES) ACT 1987 No. 149, 1987 - SECT 8
Notification of prices

8. The person making a determination under subsection 5 (1) or 7 (2), (3) or (9) shall cause written notices setting out the terms of the determination to be given to:
(a) the Comptroller; and
(b) each oil producer.

PETROLEUM EXCISE (PRICES) ACT 1987 No. 149, 1987 - PART III
PART III-MISCELLANEOUS

PETROLEUM EXCISE (PRICES) ACT 1987 No. 149, 1987 - SECT 9
Inspection of documents

9. (1) For the purpose of verifying information given to the Minister by an oil producer under section 6, a person authorised in writing by the Minister to exercise powers under this section:
(a) may, at all reasonable times, enter and remain on any land or premises on which documents that may be relevant to that information are situated;
(b) is entitled to full and free access at all reasonable times to all such documents; and
(c) may inspect, examine, make copies of, or take extracts from, any such documents.

(2) A person is not entitled to enter or remain on any land or premises under this section if, on being requested by the occupier of the land or premises for proof of authority, the person does not produce an authority in writing signed by the Minister stating that the person is authorised to exercise powers under this section.

(3) The occupier of land or premises entered or proposed to be entered by a person under subsection (1) shall provide the person with all reasonable facilities and assistance for the effective exercise of powers under this section.
Penalty: $1,000.

PETROLEUM EXCISE (PRICES) ACT 1987 No. 149, 1987 - SECT 10
Obtaining of information and evidence

10. (1) The Minister, or a person authorised in writing by the Minister to exercise powers under this section, may, for the purposes of this Act, by notice in writing, require any person:
(a) to furnish the Minister or authorised person with such information as the Minister or authorised person requires;
(b) to attend before the Minister or authorised person, or before a person authorised by the Minister or authorised person for the purpose, at a time and place specified in the notice, and then and there answer questions; and

Back to Top

(c) to produce to the Minister or authorised person any documents in the custody or under the control of the person.

(2) The Minister or authorised person may require the information or answers to questions to be verified or given, as the case may be, on oath or affirmation, and either orally or in writing, and for that purpose the Minister or authorised person, or a person authorised by the Minister or authorised person for the purpose, may administer an oath or affirmation.

(3) The oath to be taken or affirmation to be made by a person for the purposes of this section is an oath or affirmation that the information or answers that the person will give will be true.

(4) A person is not excused from furnishing information or producing a document, when required to do so under this section, on the grounds that furnishing the information or producing the documents might tend to incriminate the person or make the person liable to a penalty.

(5) A person is not excused from answering a question, when required to do so under this section, on the grounds that the answer to the question might tend to incriminate the person or make the person liable to a penalty.

(6) A statement or disclosure made in information furnished, an answer given, or a document produced by a person, in accordance with a requirement made of the person under this section, and any information, document or thing obtained as a direct or indirect consequence of that statement or disclosure, is not admissible against a person in any criminal proceedings except a proceeding for an offence against subsection (8).

(7) A person shall not fail to comply with a requirement made of the person under this section.
Penalty:
(a) in the case of a natural person-$1,000 or imprisonment for 6 months, or both; or
(b) in the case of a body corporate-$5,000.

(8) A person shall not, in purported compliance with a requirement made of the person under this section, knowingly or recklessly give information that is false or misleading in a material particular.
Penalty:
(a) in the case of a natural person-$2,000 or imprisonment for 12 months, or both; or
(b) in the case of a body corporate-$10,000.

PETROLEUM EXCISE (PRICES) ACT 1987 No. 149, 1987 - SECT 11
Conduct by directors, servants or agents

11. (1) Where it is necessary, for the purposes of this Act, to establish the state of mind of a body corporate in respect of conduct engaged in, or deemed by subsection (2) to have been engaged in, by the body corporate, it is sufficient to show that a director, servant or agent of the body corporate, being a director, servant or agent by whom the conduct was engaged in within the scope of his or her actual or apparent authority, had that state of mind.

(2) Any conduct engaged in on behalf of a body corporate:
(a) by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority; or
(b) by any other person at the direction or with the consent or agreement (whether express or implied) of a director, servant or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the director, servant or agent; shall be deemed, for the purposes of this Act, to have been engaged in also by the body corporate.

(3) Where it is necessary, for the purposes of this Act, to establish the state of mind of a person in relation to conduct deemed by subsection (4) to have been engaged in by the person, it is sufficient to show that a servant or agent of the person, being a servant or agent by whom the conduct was engaged in within the scope of his or her actual or apparent authority, had that state of mind.

(4) Conduct engaged in on behalf of a person other than a body corporate:
(a) by a servant or agent of the person within the scope of his or her actual or apparent authority; or
(b) by any other person at the direction or with the consent or agreement (whether express or implied) of a servant or agent of the first-mentioned person, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the servant or agent;
shall be deemed, for the purposes of this Act, to have been engaged in also by the first-mentioned person.

(5) A reference in this section to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person's reasons for the person's intention, opinion, belief or purpose.

(6) A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory.

PETROLEUM EXCISE (PRICES) ACT 1987 No. 149, 1987 - SECT 12
Review of certain decisions

12. (1) An oil producer who is dissatisfied with a reviewable decision may, by notice given within the period of 28 days after the day on which the decision first comes to the notice of the person, or within such further period as the person who made the decision allows, request the decision maker to reconsider the decision.

(2) There shall be set out in the request reasons for making the request.

(3) Upon receipt of the request, the decision maker shall reconsider the decision and may, subject to subsections (5) and (6), confirm or revoke the decision or vary the decision in such manner as he or she thinks fit.

(4) Where the decision maker does not confirm, revoke or vary a decision before the expiration of the period of 28 days after the day on which he or she received the request, the decision shall, upon the expiration of that period, be deemed to have been confirmed under subsection (3).

(5) Where the decision maker confirms, revokes or varies a decision before the expiration of the period referred to in subsection (4), he or she shall, by notice served on the person who made the request, inform the person of the result of the reconsideration of the decision and the reasons for confirming, varying or revoking the decision, as the case may be.

(6) Subject to the Administrative Appeals Tribunal Act 1975, applications may be made to the Administrative Appeals Tribunal for review of decisions of the decision maker that have been confirmed or varied under subsection (3).

(7) Where a decision is deemed, because of the operation of subsection (4), to be confirmed, section 29 of the Administrative Appeals Tribunal Act 1975 applies as if the prescribed time for making application for review of the decision were the period commencing on the day on which the decision is deemed to be confirmed and ending on the twenty-eighth day after that day.

PETROLEUM EXCISE (PRICES) ACT 1987 No. 149, 1987 - SECT 13
Statements to accompany notification of reviewable decisions

13. (1) Where written notice of a reviewable decision is given to an oil producer, that notice shall include a statement to the effect that:
(a) the oil producer may, if dissatisfied with the decision, seek a reconsideration of the decision under subsection 12 (1); and
(b) a person whose interests are affected by the decision may, subject to the Administrative Appeals Tribunal Act 1975, if dissatisfied with a decision made upon that reconsideration confirming or varying the first-mentioned decision, make application to the Administrative Appeals Tribunal for review of the decision so confirmed or varied.

(2) Where written notice of the confirmation or variation of a reviewable decision under subsection 12 (3) is given to an oil producer, that notice shall include a statement to the effect that a person whose interests are affected by the decision may, subject to the Administrative Appeals Tribunal Act 1975, if dissatisfied with the decision so confirmed or varied, make application to the Administrative Appeals Tribunal for review of the decision.

(3) Any failure to comply with the requirements of subsection (1) or (2) in relation to a reviewable decision or a decision under subsection 12 (3) does not affect the validity of that decision.

PETROLEUM EXCISE (PRICES) ACT 1987 No. 149, 1987 - SECT 14
Regulations

14. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.