2Commencement [see Note 1]
This Act shall come into operation on a day to be fixed by Proclamation.
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This Act shall come into operation on a day to be fixed by Proclamation.
In this Act, unless the contrary intention appears:
agreement includes:
a lease; and
an agreement as varied by an agreement or by agreements.
market petroleum means:
petroleum in a form in which petroleum is commonly sold; or
a product that is derived from petroleum and is of a kind that is commonly sold;
but does not include petroleum, or a product, that is derived from petroleum to which paragraph (a) applies or from a product to which paragraph (b) applies.
petroleum means:
any naturally occurring hydrocarbon, whether in a gaseous, liquid, or solid state;
any naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid, or solid state; or
any naturally occurring mixture of one or more hydrocarbons, whether in a gaseous, liquid, or solid state, and one or more of the following, that is to say, hydrogen sulphide, nitrogen, helium and carbon dioxide;
and includes any petroleum as defined by paragraph (a), (b) or (c) that has been returned to a natural reservoir.
prescribed petroleum means:
stabilised crude petroleum oil;
liquid petroleum obtained from naturally occurring petroleum gas; or
liquefied petroleum gas obtained from unstabilised crude petroleum oil or from naturally occurring petroleum gas.
production source means:
a source of petroleum in a State (which, without limiting the generality of the foregoing, may be a production area within the meaning of section 5B of the Excise Tariff Act 1921); or
2 or more sources referred to in paragraph (a) that constitute, or form part of, a project for the production of petroleum.
production unit means a production source together with the plant and facilities (wherever situated) used in, or in relation to, the production of market petroleum from that source (other than plant and facilities used in, or in relation to, the refining or transport of market petroleum).
relevant resource rent royalty agreement means a resource rent royalty agreement described in Schedule 1.
relevant revenue‑sharing agreement means a revenue‑sharing agreement described in Schedule 2.
For the purposes of this Act:
liquid petroleum obtained from naturally occurring petroleum gas shall be taken to have been produced from a production source if the petroleum gas was produced from that source; and
liquefied petroleum gas obtained from unstabilised crude petroleum oil or from naturally occurring petroleum gas shall be taken to have been produced from a production source if that oil or naturally occurring petroleum gas, as the case may be, was produced from that source.
For the purposes of this Act:
where an agreement that is a relevant resource rent royalty agreement is so varied that it ceases to be a relevant resource rent royalty agreement, that agreement ceases to be in force; and
where an agreement that is a relevant revenue‑sharing agreement is so varied that it ceases to be a relevant revenue‑sharing agreement, that agreement ceases to be in force.
The Commonwealth or the Minister shall not exercise the powers (including discretions) of the Commonwealth or of the Minister, as the case may be, under this Act or under a relevant revenue‑sharing agreement in a way that would:
discriminate between States or parts of States within the meaning of paragraph 51(ii) of the Constitution; or
give preference to one State or any part thereof over another State or any part thereof within the meaning of section 99 of the Constitution.
Where:
a State and the person or persons who produce market petroleum from a production unit have entered into a relevant resource rent royalty agreement providing for a royalty in respect of market petroleum produced from that unit on or after 1 July in a year after 1984 specified in the agreement; and
the State requests the Commonwealth to enter into a relevant revenue‑sharing agreement in respect of royalty payable under that relevant resource rent royalty agreement;
the Minister may arrange for the Commonwealth to enter into that relevant revenue‑sharing agreement with the State.
Where:
a State and the person or persons who produce market petroleum from a production unit have entered into a relevant resource rent royalty agreement providing for a royalty in respect of market petroleum produced from that unit on or after 1 July in a year after 1984 specified in the agreement; and
the Commonwealth and the State have entered into a relevant revenue‑sharing agreement in respect of royalty payable under that relevant resource rent royalty agreement;
the Minister shall give the Minister administering the Excise Tariff Act 1921 (in this section referred to as the “Excise Minister”) a certificate in writing stating that it is appropriate that prescribed petroleum produced from that production source on or after that 1 July should be exempt from duties of Excise.
Where the Minister gives the Excise Minister a certificate under subsection (1) in respect of a production source, the Excise Minister shall, by notice in writing published in the Gazette, declare that prescribed petroleum produced from that source, other than:
prescribed petroleum produced before the 1 July specified in the certificate; or
prescribed petroleum produced after the revocation of the declaration under this subsection in respect of that source;
is exempt from duties of Excise, and, where the Excise Minister publishes that notice, that declaration has effect accordingly.
Where:
a declaration under subsection (2) in respect of a production source is in force; and
either the relevant resource rent royalty agreement or the relevant revenue‑sharing agreement because of which that declaration has been made ceases to be in force;
the Minister shall give the Excise Minister a certificate stating that the declaration should be revoked.
Where the Minister gives the Excise Minister a certificate under subsection (3) in respect of a declaration, the Excise Minister shall, by notice in writing published in the Gazette, revoke that declaration.
For the purposes of the Excise Act 1901, prescribed petroleum that, by virtue of section 6, is exempt from duties of excise shall not be taken to be excisable goods within the meaning of that Act and any entry of that prescribed petroleum purporting to have been made under section 58 of that Act shall be taken not to have been made.
Subsection (1) does not affect any Departmental By‑laws under the Excise Act 1901 in force immediately before the commencement of this Act or prevent the making of Departmental By‑laws under that Act:
prescribing any petroleum production area for the purposes of the definition of prescribed production area in subsection 6B(1) of the Excise Tariff Act 1921; or
prescribing any new petroleum production area for the purposes of the definition of prescribed new production area in subsection 6C(1) of that last‑mentioned Act; or
prescribing any condensate production area for the purposes of the definition of prescribed condensate production area in subsection 6CA(1) of that last‑mentioned Act; or
prescribing any intermediate petroleum production area for the purposes of the definition of prescribed intermediate production area in subsection 6D(1) of that last‑mentioned Act.
Where, because of this Act, any amounts paid by way of duties of Excise are repayable to a person, interest on those amounts is not payable to that person.
Subsection (1) shall not be taken to imply that:
but for that subsection, interest would have been payable on the amounts referred to in that subsection; or
interest is payable on any other amounts paid by way of duties of Excise and repayable to a person.
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