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Liquefied Petroleum Gas (Grants) Act 1980

Act No. 37 of 1980 as amended, taking into account amendments up to Act No. 140 of 2001
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
Administered by: DITR
Start Date 02 Oct 2001
End Date 23 May 2006
Date of repeal 23 Mar 2006
Repealed by Statute Law Revision Act 2006

Liquefied Petroleum Gas (Grants) Act 1980

Act No. 37 of 1980 as amended

[Note: This Act was repealed by Act No. 9 of 2006 on 23 March 2006]

This compilation was prepared on 16 October 2001
taking into account amendments up to Act No. 140 of 2001

The text of any of those amendments not in force
on that date is appended in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department,
Canberra

  

  

  


Contents

1............ Short title [see Note 1]....................................................................... 1

2............ Commencement.................................................................................. 1

2A......... General administration of Act............................................................ 1

3............ Interpretation...................................................................................... 1

3A......... Natural gas areas................................................................................. 3

3B......... Prescribed industries........................................................................... 4

3C......... Application of the Criminal Code...................................................... 4

4............ Grants of financial assistance............................................................. 4

5............ Power of Minister to formulate schemes........................................... 4

6............ Provisions of scheme—liquefied petroleum gas................................. 5

6A......... Ascertainment of prescribed rate in respect of liquefied petroleum gas  8

7............ Provisions of scheme—eligible reticulation gas................................ 11

7A......... Limitation of subsidized use by industrial users.............................. 16

8............ Appointment of approved persons.................................................. 24

10.......... Information to be furnished by State................................................ 24

11.......... Advances.......................................................................................... 24

12.......... Overpayments.................................................................................. 25

13.......... Indemnity......................................................................................... 25

14.......... Appropriation.................................................................................. 25

15.......... Applications for Review.................................................................. 25

15A....... Statements to accompany notice of decisions.................................. 26

16.......... Regulations....................................................................................... 27

Notes                                                                                                                                            29


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

1  Short title [see Note 1]

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

2  Commencement

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

2A  General administration of Act

                   The Chief Executive Officer of Customs has the general administration of this Act.

3  Interpretation

                   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.

CEO means the Chief Executive Officer of Customs.

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;

                     (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;

                     (d)  any other use of the gas outside a natural gas area, not being:

                              (i)  use in a prescribed industry; or

                             (ii)  use in the propulsion of a vehicle, other than a works truck.

gas cylinder means a cylinder designed to contain liquefied petroleum gas.

industry means a primary, secondary or tertiary industry, and includes a field of governmental activity, of public or community services (including health and educational services) or of entertainment, sport or recreation.

natural gas area means a part of Australia that is, by virtue of a declaration in force under subsection 3A(1), a natural gas area for the purposes of this Act.

officer means an officer of the Department.

period to which this Act applies means the period that commenced on 28 March 1980 and ends on 30 September 1985.

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.

prescribed industry means an industry that is, by virtue of a declaration in force under subsection 3B(1), a prescribed industry for the purposes of this Act.

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.

use, in relation to liquefied petroleum gas or eligible reticulation gas, does not include sale or exchange.

works truck means:

                     (a)  a fork-lift truck; or

                     (b)  any other vehicle designed for use at a factory, warehouse, dock, airport or similar place in transporting goods over short distances or in otherwise handling goods.

3A  Natural gas areas

             (1)  The Minister may by instrument under his hand published in the Gazette, declare a specified part of Australia to be a natural gas area for the purposes of this Act.

             (2)  A declaration shall not be made under subsection (1) declaring a part of Australia to be a natural gas area unless the Minister is satisfied that natural gas is readily available for use in that part of Australia.

             (3)  A declaration under subsection (1) made before 1 April 1981 may be expressed to have had effect from and including 30 September 1980.

3B  Prescribed industries

             (1)  The Minister may, by instrument under his hand published in the Gazette, declare a specified industry or a specified part of an industry to be a prescribed industry for the purposes of this Act.

             (2)  If, before 1 April 1981, the Minister, in pursuance of subsection (1), declares:

                     (a)  the manufacture in a particular manner (being a manner that involves the use of liquefied petroleum gas or eligible reticulation gas in a particular way) of a specified basic chemical or of a specified chemical product;

                     (b)  the mining of oil or gas; or

                     (c)  the refining of petroleum;

to be a prescribed industry for the purposes of this Act, the declaration may be expressed to have had effect from and including 30 September 1980.

3C  Application of the Criminal Code

                   Chapter 2 (except Part 2.5) of the Criminal Code applies to all offences created by this Act.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

4  Grants of financial assistance

                   There are payable to each State, by way of financial assistance, amounts equal to the amounts expended by the 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.

5  Power of Minister to formulate schemes

             (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.

6  Provisions of scheme—liquefied petroleum gas

             (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 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 subsection (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 subparagraph (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 subsection (4), where a quantity of liquefied petroleum gas sold by a registered distributor of such gas, not being gas so sold partly for use that is eligible use by virtue of paragraph (d) of the definition of eligible use in section 3, 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, or supplied at particular premises outside a natural gas area, 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.

          (6A)  A scheme shall contain:

                     (a)  a provision that, where the Minister is satisfied that:

                              (i)  liquefied petroleum gas has been sold to a person as gas for use that is eligible use by virtue of paragraph (d) of the definition of eligible use in section 3 (in this subsection referred to as industrial use);

                             (ii)  that person has received in respect of that gas the benefit of a payment under the scheme; and

                            (iii)  that gas has been used, but the use was not eligible use or that person is unable, or has failed, to give a correct account of the use;

                            the Minister may determine that, for the purposes of the scheme, all liquefied petroleum gas sold to that person, on or after the date of the determination, for industrial use shall be deemed to be sold otherwise than for eligible use;

                     (b)  a provision authorizing the Minister to revoke a determination referred to in paragraph (a) from a date specified in the instrument of revocation, which may be a date earlier than the date of revocation; and

                     (c)  a provision authorizing the Minister, by instrument under his hand, to delegate to a specified officer his powers under the provisions referred to in paragraphs (a) and (b).

             (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 in respect of liquefied petroleum gas that, during the period to which this Act applies, has been, or is, sold by a registered distributor of the gas for eligible use shall be at the rate prescribed by section 6A.

             (8)  As soon as practicable after the Minister ascertains the rate at which payments referred to in paragraph (7)(a) are to be made in respect of sales, during the period of 6 months commencing on a prescribed day, of liquefied petroleum gas for eligible use, he shall publish for the information of the public a notice in the Gazette setting out that rate.

             (9)  For the purposes of subsection (8), 1 October 1984 and 1 April 1985 are prescribed days.

6A  Ascertainment of prescribed rate in respect of liquefied petroleum gas

             (1)  The prescribed rate in relation to liquefied petroleum gas for the purposes of paragraph 6(7)(b) is:

                     (a)  in relation to liquefied petroleum gas sold on or before 28 March 1984—the rate of $80 per tonne of the weight of that liquefied petroleum gas;

                     (b)  in relation to liquefied petroleum gas sold during the period commencing on 29 March 1984 and ending on 30 September 1984—the rate of $20.31 per tonne of the weight of that liquefied petroleum gas; and

                     (c)  in relation to liquefied petroleum gas sold during:

                              (i)  the period of 6 months commencing on 1 October 1984; or

                             (ii)  the period of 6 months commencing on 1 April 1985;

                            the rate of such amount per tonne as is ascertained in accordance with the formula , where:

A   is the amount that is the approved wholesale price per tonne in relation to that liquefied petroleum gas.

B   is the amount that was the approved wholesale price per tonne in relation to liquefied petroleum gas sold immediately before the commencement of the period concerned.

C   is the amount per tonne that was the prescribed rate under this subsection in relation to liquefied petroleum gas sold on the day immediately preceding the commencement of the period concerned.

D   is:

                     (a)  the number, calculated to 3 decimal places, ascertained:

                              (i)  if the period concerned commenced on 1 October in any year—by dividing the index number for the immediately preceding June quarter by the index number for the immediately preceding December quarter; or

                             (ii)  if the period concerned commenced on 1 April in any year—by dividing the index number for the immediately preceding December quarter by the index number for the immediately preceding June quarter; or

                     (b)  if the number so ascertained would, if it were calculated to 4 decimal places, end in a number greater than 4—the number so ascertained increased by 0.001.

             (2)  If, but for this subsection, the amount ascertained in accordance with the formula set out in paragraph (1)(c) would include a fraction of a cent:

                     (a)  where the fraction of a cent would be less than one-half of one cent—the amount shall be reduced by that fraction of a cent; or

                     (b)  in any other case—the amount shall be increased by the amount by which the fraction of a cent is less than one cent.

             (3)  The Minister for Resources and Energy may, by instrument signed by him, determine that a specified amount shall be the wholesale price per tonne of liquefied petroleum gas sold on or after the day on which the determination comes into force and, where such a determination is made, the amount specified in the determination is, for the purposes of this section but subject to any later determination made under this subsection, the approved wholesale price per tonne in relation to liquefied petroleum gas sold while the determination is in force.

             (4)  In determining under subsection (3) the approved wholesale price of liquefied petroleum gas, the Minister for Resources and Energy may have regard to:

                     (a)  the official selling prices of liquefied petroleum gas adopted from time to time by the Governments of Middle East countries;

                     (b)  any freight advantage that may exist for Bass Strait liquefied petroleum gas at the time when the determination is made; and

                     (c)  the export prices being paid for Bass Strait liquefied petroleum gas as notified from time to time by the Australian Competition and Consumer Commission.

             (5)  Sections 48, 48A, 48B, 49, 49A and 50 of the Acts Interpretation Act 1901 apply in relation to a determination made under this section as if in those sections references to regulations were references to determinations, references to a regulation were references to a determination and references to a repeal were references to a revocation.

             (6)  Determinations made under this section shall be deemed not to be statutory rules within the meaning of the Statutory Rules Publication Act 1903, but subsections 5(3) to (3C) (inclusive) of that Act apply in relation to such determinations in like manner as they apply in relation to statutory rules.

             (7)  For the purposes of the application of subsection 5(3B) of the Statutory Rules Publication Act 1903 in accordance with subsection (6) of this section, the reference in that first-mentioned subsection to the Minister for Sport, Recreation and Tourism shall be read as a reference to the Minister for Resources and Energy.

             (9)  A reference in this section to an index number, in relation to a quarter, is a reference to the index number for the fuel and light component of the All Groups Consumer Price Index number, being the weighted average of the 8 capital cities, published by the Australian Statistician in respect of that quarter.

           (10)  Subject to subsection (11), if at any time, whether before or after the commencement of this section, the Australian Statistician has published or publishes an index number in respect of a quarter in substitution for an index number previously published by him in respect of that quarter, the publication of the later index number shall be disregarded for the purposes of this section.

           (11)  If at any time, whether before or after the commencement of this section, the Australian Statistician has changed or changes the reference base for the consumer price index, then, for the purposes of the application of this section after the change took place or takes place, regard shall be had only to index numbers published in terms of the new reference base.

           (12)  The Minister for Resources and Energy may, either generally or otherwise provided by the instrument of delegation, by writing signed by him, delegate to an officer of the Department of Resources and Energy all or any of his powers under this section, other than this power of delegation.

           (13)  A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Minister for Resources and Energy.

           (14)  A delegation under subsection (12) does not prevent the exercise of a power by the Minister for Resources and Energy.

7  Provisions of scheme—eligible reticulation gas

             (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 so 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, not being gas so sold partly for use that is eligible use by virtue of paragraph (d) of the definition of eligible use in section 3, 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 or supplied at particular premises outside a natural gas area, 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.

          (6A)  A scheme shall contain:

                     (a)  a provision that, where the Minister is satisfied that:

                              (i)  eligible reticulation gas has been sold to a person as gas for use that is eligible use by virtue of paragraph (d) of the definition of eligible use in section 3 (in this subsection referred to as industrial use);

                             (ii)  that person has received in respect of that gas the benefit of a payment under the scheme; and

                            (iii)  that gas has been used, but the use was not eligible use or that person is unable, or has failed, to give a correct account of the use;

the Minister may determine that, for the purposes of the scheme, all eligible reticulation gas sold to that person, on or after the date of the determination, for industrial use shall be deemed to be sold otherwise than for eligible use;

                     (b)  a provision authorizing the Minister to revoke a determination referred to in paragraph (a) from a date specified in the instrument of revocation, which may be a date earlier than the date of revocation; and

                     (c)  a provision authorizing the Minister, by instrument under his hand, to delegate to a specified officer his powers under the provisions referred to in paragraphs (a) and (b).

             (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) to be made to a registered distributor of eligible reticulation gas shall be made only in respect of a period (in this paragraph referred to as a payment period) that falls wholly within a relevant period and shall be an amount calculated in accordance with the formula:

                            where:

A   is the prescribed amount in respect of the relevant period.

B   is the number of cubic metres of eligible reticulation gas that was sold by the distributor during the payment period for eligible use and in respect of the sale of which he rendered accounts.

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

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

E   is the number of cubic metres of eligible reticulation gas that during the payment period was sold by the distributor.

             (8)  For the purposes of paragraph (7)(b):

                     (a)  each of the following periods is a relevant period:

                              (i)  the period that commenced on 28 March 1980 and ended on 28 March 1984;

                             (ii)  the period that commenced on 29 March 1984 and ends on 30 September 1984;

                            (iii)  the period of 6 months commencing on 1 October 1984;

                            (iv)  the period of 6 months commencing on 1 April 1985;

                     (b)  if a claim for payment is made in respect of a period that falls partly within one relevant period and partly within another relevant period or other relevant periods:

                              (i)  the claim shall be treated as if it constituted separate claims in respect of each part that falls within a different relevant period; and

                             (ii)  if a quantity expressed by the letter B, C, D or E in the formula referred to in paragraph (7)(b) is not capable of being ascertained with respect to the payment period to which such a separate claim relates, that quantity shall be taken to be so much of the corresponding quantity in relation to the total period to which the separate claims relate as bears to that total period the same proportion as the number of days in that payment period bears to the total number of days in that total period; and

                     (c)  the prescribed amount in respect of a relevant period is:

                              (i)  in the case of the relevant period referred to in subparagraph (a)(i)—$80;

                             (ii)  in the case of the relevant period referred to in subparagraph (a)(ii)—$20.31; and

                            (iii)  in the case of any subsequent relevant period—the amount that constitutes the rate per tonne in relation to liquefied petroleum gas in relation to that period for the purposes of paragraph 6(7)(b).

7A  Limitation of subsidized use by industrial users

             (1)  In this section:

consumption period means any of the periods referred to in subsection (1A).

corporation means a body corporate that:

                     (a)  is a foreign corporation;

                     (b)  is a trading corporation formed within the limits of Australia or is a financial corporation so formed; or

                     (c)  is incorporated in a Territory.

financial corporation means a financial corporation within the eaning of paragraph 51(xx) of the Constitution, and includes a body corporate that carries on as its sole or principal business the business of banking (other than State banking not extending beyond the limits of the State concerned) or insurance (other than State insurance not extending beyond the limits of the State concerned).

foreign corporation means a foreign corporation within the meaning of paragraph 51(xx) of the Constitution, and includes a body corporate that is incorporated in an external Territory.

gas means liquefied petroleum gas or eligible reticulation gas.

industrial use means use that is eligible use by virtue of paragraph (d) of the definition of eligible use in section 3.

relevant day means the forty-second day after the day on which the Liquefied Petroleum Gas (Grants) Amendment Act 1982 received the Royal Assent.

trading corporation means a trading corporation within the meaning of paragraph 51(xx) of the Constitution.

          (1A)  For the purposes of this section:

                     (a)  the first consumption period is the period of 12 months that commenced on 1 October 1982;

                     (b)  the second consumption period is the period that commenced on 1 October 1983 and ended on 28 March 1984;

                     (c)  the third consumption period is the period that commenced on 29 March 1984 and ends on 30 September 1984;

                     (d)  the fourth consumption period is the period of 12 months commencing on 1 October 1984.

             (2)  A reference in this section to the sale of gas to, or the purchase of gas by, a corporation shall be read as not including a reference to the sale to the corporation or the purchase by the corporation, as the case may be, of liquefied petroleum gas where the gas is supplied to the corporation by decanting the gas into a prescribed cylinder.

             (3)  A reference in this section to the use of gas by a corporation for industrial use shall be read as not including a reference to any gas sold to the corporation that is determined by the Minister, under the provision required to be included in a scheme by virtue of subsection 6(6A) or 7(6A), to be deemed for the purposes of the scheme to have been sold otherwise than for eligible use.

             (4)  For the purposes of this section, one tonne of eligible reticulation gas shall be taken to be that quantity of eligible reticulation gas (whether measured by volume or otherwise) that is capable of producing 50,000 megajoules of heat.

             (5)  For the purposes of this section, the allowable quantity of gas, in relation to a corporation in relation to a consumption period, is:

                     (a)  if the CEO does not make a determination under subsection (7) in relation to the corporation in relation to that consumption period:

                              (i)  in relation to the first consumption period and the fourth consumption period—1,000 tonnes of gas; and

                             (ii)  in relation to the second consumption period and the third consumption period—500 tonnes of gas; and

                     (b)  if the CEO makes a determination in relation to the corporation under subsection (7) in relation to that consumption period—the quantity of gas set out in the determination in relation to that consumption period.

             (6)  Where:

                     (a)  a corporation used for industrial use during the period of 12 months that commenced on 1 October 1980 more than 1,000 tonnes of gas; or

                     (b)  a corporation will, by reason of the implementation of a contract entered into by the corporation on or before 25 September 1981, being a contract relating to:

                              (i)  the purchase of gas; or

                             (ii)  the purchase, construction or modification of plant or the conversion of plant to the use of gas;

                            use for industrial use during the first consumption period a total quantity of gas that exceeds 1,000 tonnes or use for industrial use during the second consumption period a total quantity of gas that exceeds 500 tonnes;

the corporation may, before the expiration of 28 days after the commencement of this subsection, give notice in writing to the CEO requesting the CEO to make a determination under subsection (7) that the allowable quantity of gas in relation to the corporation in relation to the first consumption period or the second consumption period is a specified quantity of gas, being a quantity of gas that exceeds 1,000 tonnes or 500 tonnes, as the case may be.

             (7)  Where the CEO receives a request made by a corporation in accordance with subsection (6):

                     (a)  if the CEO is satisfied that, having regard only to:

                              (i)  the use of gas for industrial use by the corporation during the period referred to in paragraph (6)(a); and

                             (ii)  if relevant, the likely effect of the implementation of a contract of a kind referred to in paragraph (6)(b) on the use of gas for industrial use by the corporation during the consumption period to which the request relates;

                            the corporation will use for industrial use during the first consumption period a total quantity of gas that exceeds 1,000 tonnes or will use for industrial use during the second consumption period a total quantity of gas that exceeds 500 tonnes, as the case may be—the CEO shall, before the relevant day, make a determination that a quantity of gas being the quantity of gas that, in the opinion of the CEO, having regard only to the matters referred to in subparagraphs (i) and (ii) the corporation will use for industrial use during the first consumption period or the second consumption period, as the case may be, is the allowable quantity of gas in relation to the corporation in relation to that consumption period; and

                     (b)  if the CEO is not so satisfied—the CEO shall refuse to make a determination under this subsection in relation to the corporation in relation to the consumption period to which the request relates.

             (8)  Where the CEO makes a determination under subsection (7) in relation to a corporation or, after receiving a request from a corporation in accordance with subsection (6), the CEO refuses to make a determination under subsection (7) in relation to the corporation, the CEO shall, before the relevant day, give notice in writing to the corporation setting out the terms of the determination or stating that the CEO has refused to make a determination under subsection (7) in relation to the corporation, as the case may be.

          (8A)  Where the CEO has made a determination under subsection (7) in relation to a corporation in relation to the first consumption period, the quantity of gas specified in the determination shall be deemed also to be the allowable quantity of gas in relation to the corporation in relation to the fourth consumption period.

          (8C)  Where the CEO has made, in relation to a corporation, a determination under subsection (7) in relation to the first consumption period and in relation to the second consumption period, the allowable quantity of gas in relation to the corporation in relation to the third consumption period is the quantity by which the quantity of gas specified in the determination in relation to the first consumption period exceeds the quantity of gas specified in the determination in relation to the second consumption period.

             (9)  Where the total quantity of gas purchased by a corporation for industrial use during the period commencing on 1 October 1982 and ending on the relevant day, being gas in relation to which the corporation has received the benefit of a payment or payments under a scheme or schemes, is equal to, or exceeds, the allowable quantity of gas in relation to the corporation in relation to the first consumption period, the corporation is not entitled to receive the benefit of a payment or payments under a scheme or schemes in respect of any gas purchased by the corporation for industrial use after the relevant day and during that consumption period, and the corporation shall:

                     (a)  before the expiration of 50 days after the date of commencement of this subsection, give notice in writing to the CEO; and

                     (b)  before purchasing after the relevant day and during that consumption period from a distributor of gas any gas for industrial use, give notice in writing to that distributor;

stating that the corporation is not entitled to receive the benefit of a payment or payments under a scheme or schemes in respect of any purchase of gas for industrial use by the corporation after the relevant day and during that consumption period.

Penalty:  $2,000.

          (9A)  If subsection (9) applies to a corporation, subsections (10) and (11) do not apply to that corporation in relation to the first consumption period.

           (10)  Where:

                     (a)  a corporation proposes, after the relevant day and during a consumption period, to purchase for industrial use a quantity of gas (in this subsection referred to as the relevant quantity of gas); and

                     (b)  if the corporation purchased for industrial use during that consumption period the relevant quantity of gas and received, in respect of that purchase of gas, the benefit of a payment or payments under a scheme or schemes, the total quantity of gas purchased by the corporation for industrial use during that consumption period in respect of which the corporation had received the benefit of a payment or payments under a scheme or schemes would be equal to the allowable quantity of gas in relation to the corporation in relation to that consumption period;

the corporation is not entitled to receive the benefit of a payment or payments under a scheme or schemes in respect of any gas purchased by the corporation for industrial use during that consumption period after the purchase by the corporation of the relevant quantity of gas, and the corporation shall:

                     (c)  before purchasing the relevant quantity of gas, give notice in writing to the CEO stating that the corporation is not entitled to receive the benefit of a payment or payments under a scheme or schemes in respect of any subsequent purchase of gas by the corporation for industrial use during that consumption period; and

                     (d)  before purchasing from a distributor of gas any further gas for industrial use during that consumption period, give notice in writing to the distributor stating that the corporation is not entitled to receive the benefit of a payment or payments under a scheme or schemes in respect of that gas.

Penalty:  $2,000.

           (11)  Where:

                     (a)  a corporation proposes, after the relevant day and during a consumption period, to purchase from a distributor of gas for industrial use a quantity of gas (in this subsection referred to as the relevant quantity of gas); and

                     (b)  if the corporation purchased for industrial use during that consumption period the relevant quantity of gas and received, in respect of that purchase of gas, the benefit of a payment or payments under a scheme or schemes, the total quantity of gas purchased by the corporation for industrial use during that consumption period in respect of which the corporation had received the benefit of a payment or payments under a scheme or schemes would exceed the allowable quantity of gas in relation to the corporation in relation to that consumption period;

the corporation is not entitled to receive the benefit of a payment or payments under a scheme or schemes in respect of so much of the relevant quantity of gas as is equal to the excess referred to in paragraph (b) or in respect of any further quantity of gas purchased by the corporation for industrial use during that consumption period, and the corporation shall:

                     (c)  before purchasing for industrial use from the distributor the relevant quantity of gas, give notice in writing to the CEO and to the distributor stating that the corporation is not entitled to receive the benefit of a payment or payments under a scheme or schemes during that consumption period in respect of so much of the relevant quantity of gas as is equal to the excess referred to in paragraph (b); and

                     (d)  before purchasing from a distributor of gas for industrial use any further quantity of gas during that consumption period, give notice in writing to that distributor stating that the corporation is not entitled to receive the benefit of a payment or payments under a scheme or schemes in respect of that gas.

Penalty:  $2,000.

           (12)  A corporation shall not obtain the benefit of a payment or payments under a scheme or schemes to which it is not entitled.

Penalty:  $50,000.

           (13)  Where a corporation obtains the benefit of a payment or payments under a scheme or schemes to which the corporation is not entitled, the amount of that payment or the sum of the amounts of those payments is a debt due by the corporation to the Commonwealth and may be recovered by the Commonwealth from the corporation in a court of competent jurisdiction.

           (14)  A corporation that receives the benefit of a payment or payments under a scheme or schemes in respect of gas purchased by the corporation for industrial use after the commencement of this subsection shall preserve the accounts, records, documents and papers of the corporation relating to the purchase and use of that gas until the expiration of 2 years after the day on which that gas was purchased by the corporation.

Penalty:  $2,000.

           (15)  A corporation that has received the benefit of a payment or payments under a scheme or schemes in respect of gas purchased by the corporation for industrial use at any time during a consumption period shall permit an officer, at all reasonable times, to have, for the purposes of this section, full and free access to all accounts, records, documents and papers of the corporation relating directly or indirectly to the purchase or use for eligible use (whether before or after the commencement of this subsection) of gas by the corporation and shall permit an officer to make copies of, or take extracts from, any such accounts, records, documents and papers.

Penalty:  $2,000.

           (16)  An officer may require a corporation of the kind referred to in subsection (15) to furnish him with such information in the possession of the corporation, or to which the corporation has access, being information relating directly or indirectly to the purchase or use (whether before or after commencement of this subsection) of gas by the corporation, as the officer specifies, and the corporation shall comply with the requirement.

           (17)  A corporation that contravenes subsection (16) is guilty of an offence punishable, on conviction, by a fine not exceeding $2,000.

           (18)  A corporation shall not, in making a request to the CEO under subsection (6) or in supplying information required by an officer under subsection (16), make a statement or furnish information that is, to the knowledge of the corporation, false or misleading in a material particular.

Penalty:  $2,000.

           (19)  Where, in proceedings for an offence against subsection (12) or (18) in respect of any conduct engaged in by a corporation, it is necessary to establish the state of mind of the corporation, it is sufficient to show that a director, servant or agent of the corporation, being a director, servant or agent by whom the conduct was engaged in within the scope of his actual or apparent authority, had that state of mind.

           (20)  Any conduct engaged in on behalf of a corporation:

                     (a)  by a director, servant or agent of the corporation within the scope of his 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 corporation, where the giving of such 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 subsections (12) and (18), to have been engaged in by the corporation.

        (20A)  A reference in subsection (19) 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 his intention, opinion, belief or purpose.

           (21)  An offence against subsection (12) is an indictable offence.

           (22)  Notwithstanding that an offence against subsection (12) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.

           (23)  Where, in accordance with subsection (22), a court of summary jurisdiction convicts a person of an offence against subsection (12), the penalty that the court may impose in respect of the offence is a fine not exceeding $2,000.

8  Appointment of approved persons

                   The CEO may, by instrument under his hand, appoint:

                     (a)  a specified officer or other person;

                     (b)  an officer for the time being holding, or performing the duties of, a specified office; or

                     (c)  officers included in a specified class of officers;

to be an approved person, or approved persons, for the purposes of this Act.

10  Information to be furnished by State

                   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.

11  Advances

                   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.

12  Overpayments

                   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.

13  Indemnity

             (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.

14  Appropriation

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

15  Applications for Review

                   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 subsection 6(6);

                    (ga)  a determination of the Minister or of his delegate for the purposes of a provision required by paragraph 6(6A)(a);

                    (gb)  a decision of the Minister or his delegate for the purposes of the provision required by paragraph 6(6A)(b);

                     (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);

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

                    (m)  an estimate made by the Minister or an approved person for the purposes of a provision required by subsection 7(6);

                     (n)  a determination of the Minister or of his delegate for the purposes of a provision required by paragraph 7(6A)(a);

                     (o)  a decision of the Minister or his delegate for the purposes of the provision required by paragraph 7(6A)(b);

                     (p)  a determination of the CEO or of a delegate of the CEO under subsection 7A(7); or

                     (q)  a refusal of the CEO or of a delegate of the CEO to make a determination under subsection 7A(7).

15A  Statements to accompany notice of decisions

             (1)  Where the Minister, a delegate of the Minister, the CEO, a delegate of the CEO or an approved person makes a decision of a kind referred to in section 15 and gives to the person or persons whose interests are affected by the decision notice in writing of the making of the decision, that notice shall include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision to which the notice relates by or on behalf of the person or persons whose interests are affected by the decision.

             (2)  Any failure to comply with the requirements of subsection (1) in relation to a decision does not affect the validity of the decision.

16  Regulations

                   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.


Notes to the Liquefied Petroleum Gas (Grants) Act 1980

Note 1

The Liquefied Petroleum Gas (Grants) Act 1980 as shown in this compilation comprises Act No. 37, 1980 amended as indicated in the Tables below.

All relevant information pertaining to application, saving or transitional provisions prior to 1 October 2001 is not included in this compilation. For subsequent information see Table A.

Table of Acts

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or transitional provisions

Liquefied Petroleum Gas (Grants) Act 1980

37, 1980

23 May 1980

28 Mar 1980

 

Liquefied Petroleum Gas (Grants) Amendment Act 1980

173, 1980

17 Dec 1980

17 Dec 1980 (a)

Ss. 8(2) and 10

Liquefied Petroleum Gas (Grants) Amendment Act 1982

97, 1982

22 Oct 1982

22 Oct 1982

S. 8

Liquefied Petroleum Gas (Grants) Amendment Act 1984

54, 1984

25 June 1984

25 June 1984

Ss. 7(3) and 8

Customs Administration (Transitional Provisions and Consequential Amendments) Act 1985

39, 1985

29 May 1985

10 June 1985 (see s. 2 and Gazette 1985, No. S194)

S. 4

Statute Law (Miscellaneous Provisions) Act (No. 1) 1985

65, 1985

5 June 1985

S. 3: 3 July 1985 (b)

Liquefied Petroleum Gas (Grants) Amendment Act 1985

135, 1985

28 Nov 1985

1 Oct 1985

S. 5

Statutory Instruments (Tabling and Disallowance) Legislation Amendment Act 1988

99, 1988

2 Dec 1988

2 Dec 1988

Evidence (Transitional Provisions and Consequential Amendments) Act 1995

3, 1995

23 Feb 1995

S. 14: Royal Assent (c)
S. 27: 18 Apr 1995 (c)

S. 14

Customs, Excise and Bounty Legislation Amendment Act 1995

85, 1995

1 July 1995

Ss. 11 (items 
77–80) and 18: Royal Assent (d)

S. 18

Competition Policy Reform Act 1995

88, 1995

20 July 1995

S. 77: 6 Nov 1995 (see Gazette 1995, No. S423) (e)

Industry, Science and Resources Legislation Amendment (Application of Criminal Code) Act 2001

140, 2001

1 Oct 2001

2 Oct 2001

S. 4 [see Table A]


(a)     (2)  The amendments made by sections 4, 5, 6, 7 and 9 shall be deemed to have taken effect on 30 September 1980.

(b)    The Liquefied Petroleum Gas (Grants) Act 1980 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985, subsection 2(1) of which provides as follows:

                 (1)   Subject to this section, this Act shall come into operation on the twenty-eighth day after the day on which it receives the Royal Assent.

(c)     The Liquefied Petroleum Gas (Grants) Act 1980 was amended by the Evidence (Transitional Provisions and Consequential Amendments) Act 1995, subsections 2(1) and (13) of which provide as follows:

                 (1)   This Part and Parts 2 and 3 commence on the day on which this Act receives the Royal Assent.

               (13)   Section 27 of this Act and the Schedule to this Act commence:

                              (a)   on the day on which sections 153 and 155 of the Evidence Act 1995 commence; or

                              (b)   if those sections commence on different days—the first day on which both of those sections are in force.

                Sections 153 and 155 commenced on 18 April 1995.

(d)     The Liquefied Petroleum Gas (Grants) Act 1980 was amended by the Customs, Excise and Bounty Legislation Amendment Act 1995, subsection 2(1) of which provides as follows:

                 (1)   Subject to subsections (2), (3), (4), (5) and (6), this Act commences on the day on which it receives the Royal Assent.

(e)     The Liquefied Petroleum Gas (Grants) Act 1980 was amended by the Competition Policy Reform Act 1995, subsection 2(2) of which provides as follows:

                 (2)   Part 3 commences on a day to be fixed by Proclamation. However, if Part 3 does not commence by Proclamation within the period of 6 months beginning on the day on which this Act receives the Royal Assent, then it commences on the first day after the end of that period.

 


Table of Amendments

ad. = added or inserted     am. = amended     rep. = repealed     rs. = repealed and substituted

Provision affected

How affected

Title......................................

am. No. 173, 1980

S. 2A...................................

ad. No. 39, 1985

 

am. No. 85, 1995

S. 3......................................

am. No. 173, 1980; No. 97, 1982; No. 54, 1984; Nos. 39, 65 and 135, 1985; No. 85, 1995

Ss. 3A, 3B...........................

ad. No. 173, 1980

S. 3C...................................

ad. No. 140, 2001

S. 6......................................

am. No. 173, 1980; No. 54, 1984; No. 135, 1985

S. 6A...................................

ad. No. 54, 1984

 

am. Nos. 65 and 135, 1985; No. 99, 1988; Nos. 3 and 88, 1995

S. 7......................................

am. No. 173, 1980; No. 97, 1982; No. 54, 1984; No. 135, 1985

S. 7A...................................

ad. No. 97, 1982

 

am. No. 54, 1984; Nos. 39 and 135, 1985; No. 85, 1995; No. 140, 2001

S. 8......................................

rs. No. 173, 1980

 

am. No. 39, 1985; No. 85, 1995

S. 9......................................

rep. No. 3, 1995

S. 15....................................

am. No. 173, 1980; No. 97, 1982; No. 39, 1985; No. 85, 1995

S. 15A.................................

ad. No. 97, 1982

 

am. No. 39, 1985; No. 85, 1995


Table A

Application, saving or transitional provisions

Industry, Science and Resources Legislation Amendment (Application of Criminal Code) Act 2001 (No. 140, 2001)

4  Application of amendments

             (1)  Each amendment made by this Act applies to acts and omissions that take place after the amendment commences.

             (2)  For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.