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Petroleum Excise (Prices) Amendment Act 1990

  • - C2004A04045
  • In force - Latest Version
Act No. 114 of 1990 as made
An Act to amend the Petroleum Excise (Prices) Act 1987, and for related purposes
Administered by: Treasury
Date of Assent 21 Dec 1990
 

PETROLEUM EXCISE (PRICES) AMENDMENT ACT 1990 No. 114, 1990

PETROLEUM EXCISE (PRICES) AMENDMENT ACT 1990 No. 114, 1990 - LONG TITLE

An Act to amend the Petroleum Excise (Prices) Act
1987, and for related purposes

PETROLEUM EXCISE (PRICES) AMENDMENT ACT 1990 No. 114, 1990 - SECT 1
Short title etc.

(Assented to 21 December 1990)
1. (1) This Act may be cited as the Petroleum Excise (Prices) Amendment Act 1990.
(2) In this Act, "Principal Act" means the Petroleum Excise (Prices) Act 1987.*1*

(Minister's second reading speech made in
House of Representatives on 16 May 1990
Senate on 17 October 1990)
*1* No. 149, 1987, as amended. For previous amendments, see No. 115, 1988.

PETROLEUM EXCISE (PRICES) AMENDMENT ACT 1990 No. 114, 1990 - SECT 2
Commencement

2. This Act is taken to have commenced on 26 December 1987.

PETROLEUM EXCISE (PRICES) AMENDMENT ACT 1990 No. 114, 1990 - SECT 3
Interpretation

3. (1) Section 4 of the Principal Act is amended:
(a) by inserting in the definition of "final VOLWARE price" in subsection (1) "and an oil producing region" after "a month";
(b) by inserting in the definition of "final VOLWARE price" in subsection (1) "and that region" after "that month";
(c) by inserting in the definition of "interim VOLWARE price" in subsection (1) "and an oil producing region" after "a month";
(d) by inserting in the definition of "interim VOLWARE price" in subsection (1) "and that region" after "that month";
(e) by inserting in the definition of "reference price" in subsection (1) "and an oil producing region" after "a month";
(f) by inserting in the definition of "reference price" in subsection (1) "and that region" after "that month";
(g) by inserting in the definition of "reviewable decision" in subsection (1) "and an oil producing region" after "a month" (wherever occurring);
(h) by omitting from subsection (1) the definition of "oil producer" and substituting the following definition:

" `oil producer' means a person who carries on operations for the Petroleum (Submerged Lands) Act 1967;";
(j) by inserting in subsection (1) the following definitions:
" `oil producing region' means:
(a) a production area within the meaning of section 5B of the Excise Tariff Act 1921, being an area from which stabilised crude petroleum oil is obtained and that is prescribed by the regulations as an oil producing region; or
(b) 2 or more production areas within the meaning of that section from which stabilised crude petroleum oil is obtained, being areas that are together so prescribed;
`VOLWARE commencement date' in relation to excisable crude petroleum oil obtained from an oil producing region means the date prescribed by the regulations as the date after which final VOLWARE prices and interim VOLWARE prices for each month are calculated in relation to that oil, not being a date earlier than 31 December 1987;";
(k) by inserting after subsection (1) the following subsections:
"(1A) Regulations prescribing a production
area or production areas as an oil producing region may be expressed to have had effect from 1 January 1988 or from any later day, including a day occurring before the making of the regulations, that is specified in the regulations.
"(1B) Where a production area or production
areas are prescribed as an oil producing region with effect from 1 January 1988 or any later day and, after that day, another production area is discovered, the regulations may provide that, with effect from the date of that discovery, the oil producing region is taken to include the production area so discovered.".
(2) Where regulations are made under the Principal Act as amended by this Act prescribing a production area or production areas as an oil producing region with effect from 1 January 1988 or including an additional production area in such a region:
(a) a determination of a reference price in respect of a month commencing after 31 December 1987 under section 5 of the Prices Act as in force from time to time; or
(b) a determination of an interim VOLWARE price, or a final VOLWARE price, in respect of such a month under section 7 of that Act as so in force;
being a determination made before the making of those regulations, is taken, for the purposes of the Principal Act as amended by this Act, to be, and at all material times to have been, a determination of that price in respect of that month and that region.
(3) Where regulations are made under the Principal Act as amended by this Act prescribing a production area or production areas as an oil producing region with effect from 1 January 1988 or including an additional production area in such a region, regulations made under subsection 5 (3) of the Prices Act as in force from time to time, being regulations made before the making of those first-mentioned regulations, are taken, for the purposes of the Principal Act as amended by this Act, to be, and at all material times to have been, made in respect of that region.
(4) In subsections (2) and (3):
"Prices Act" means the Petroleum Excise (Prices) Act 1987.

PETROLEUM EXCISE (PRICES) AMENDMENT ACT 1990 No. 114, 1990 - SECT 4
Minister etc. to determine reference prices

4. Section 5 of the Principal Act is amended:
(a) by omitting from subsection (1) "shall, before the commencement of each month occurring after 31 December 1987," and substituting "must, before the commencement of each month occurring after the VOLWARE commencement date in relation to each oil producing region";
(b) by inserting in subsection (1) "and that region" after "that month" (wherever occurring);
(c) by inserting in subsection (2) "and an oil producing region" after "a month";
(d) by inserting in subsection (2) "and that region" after "for a preceding month";
(e) by omitting from subsection (2) "reference price" (second occurring) and substituting "first-mentioned reference price";
(f) by inserting in subsection (2) "in respect of that region" after "VOLWARE price has been determined";
(g) by inserting in paragraph (3) (a) "and an oil producing region" after "a month";
(h) by inserting in paragraph (3) (a) "in respect of that region" after "has been determined".

PETROLEUM EXCISE (PRICES) AMENDMENT ACT 1990 No. 114, 1990 - SECT 5
Minister etc. to determine VOLWARE prices

5. Section 7 of the Principal Act is amended:
(a) by inserting in subsection (1) "and an oil producing region" after "a month";
(b) by inserting in subsection (1) "obtained from that region that are" after "excisable crude petroleum oil";
(c) by omitting from subsection (2) "31 December 1987" and substituting "the VOLWARE commencement date in relation to an oil producing region";
(d) by inserting in subsection (2) "and that region" after "that month" (wherever occurring);
(e) by omitting from subsection (3) "31 December 1987" and substituting "the VOLWARE commencement date in relation to an oil producing region";
(f) by inserting in subsection (3) "and that region" after "that month" (wherever occurring);
(g) by inserting in subsection (4) "and an oil producing region" after "a month";
(h) by inserting in subsection (5) "and an oil producing region" after "a month";
(j) by inserting in subsection (6) "and an oil producing region" after "a month";
(k) by inserting in subsection (6) "obtained from that region" after "excisable crude petroleum oil";
(m) by inserting in subsection (8) "and an oil producing region" after "a month";
(n) by inserting in subsection (8) "and that region" after "that month".