Excise Tariff Amendment (Condensate) Act 2011

No. 134, 2011 as amended

Compilation start date: 24 November 2011

Includes amendments up to: Act No. 88, 2013

About this compilation

This compilation

This is a compilation of the Excise Tariff Amendment (Condensate) Act 2011 as in force on 24 November 2011. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 4 October 2013.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.

Contents

1 Short title 1

2 Commencement 1

3 Schedule(s) 1

Schedule 1—Amendments 2

Part 1—Amendments 2

Excise Tariff Act 1921 2

Part 2—Application and savings provisions 4

Endnotes 5

Endnote 1—About the endnotes 5

Endnote 2—Abbreviation key 7

Endnote 3—Legislation history 8

Endnote 4—Amendment history 9

Endnote 5—Uncommenced amendments [none] 10

Endnote 6—Modifications [none] 10

Endnote 7—Misdescribed amendments [none] 10

Endnote 8—Miscellaneous [none] 10

An Act to amend the law relating to excise tariffs, and for related purposes
1 Short title

This Act may be cited as the Excise Tariff Amendment (Condensate) Act 2011.
2 Commencement

This Act commences on the day this Act receives the Royal Assent.
3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Amendments

Excise Tariff Act 1921

 1 Section 6AB

Omit “, under by-laws,”.

 2 Subsection 6CA(1) (definition of prescribed condensate production area)

Repeal the definition, substitute:

prescribed condensate production area has the meaning given by subsection (1A).

 3 After subsection 6CA(1)

Insert:

Note: A by-law may be expressed to take effect before the date it is registered under the Legislative Instruments Act 2003 (see subsection (13) of this section).

 1A

(1A) Prescribed condensate production area means any of the following:

 a

a condensate production area prescribed by by-laws (which, without limiting the generality of the foregoing, may be a relevant accumulation, a well, an oilfield or a gas field);

 b

the Rankin Trend (see subsection (1B)).

 1B

(1B) The Rankin Trend means the area that includes the following:

 a

the reservoirs, or groups of reservoirs, known as:

 i

North Rankin; and

 ii

Perseus; and

 iii

Searipple; and

 iv

Goodwyn; and

 v

Keast/Dockrell; and

 vi

Echo/Yodel;

 b

other reservoirs, or groups of reservoirs, (if any) that are specified in the regulations made for the purposes of this paragraph.

 1C

Before the Governor-General makes a regulation specifying a reservoir, or a group of reservoirs, for the purposes of paragraph (1B)(b):

 a

the Resources Minister must be satisfied that the reservoir, or the group of reservoirs, is part of the same field as a reservoir or group of reservoirs mentioned in paragraph (1B)(a); and

 b

if the Resources Minister is so satisfied—the Resources Minister must consider the effect of specifying the reservoir, or the group of reservoirs, on the efficient exploitation of the resource related to the reservoir, or to the group of reservoirs.

 1D

(1D) Despite subsection 12(2) of the Legislative Instruments Act 2003, regulations specifying a reservoir, or a group of reservoirs, for the purposes of paragraph (1B)(b) of this section may be expressed to take effect from a date before the regulations are registered under the Legislative Instruments Act 2003.

 1E

Subsection (1D) does not apply to regulations that create, modify or otherwise affect a provision that makes a person liable to an offence or civil penalty.

 4 At the end of the Act (before The Schedule)

Add:

 7 Regulations

The Governor-General may make regulations prescribing matters required or permitted by this Act to be prescribed.

 5 Application and savings 1

The amendments made by this Schedule apply in relation to condensate produced after midnight (by legal time in the Australian Capital Territory) on 13 May 2008.

 2

Subitems (3) and (4) apply to a by-law if:

 a

(a) the by-law prescribed a condensate production area for the purposes of the definition of prescribed condensate production area in subsection 6CA(1) of the Excise Tariff Act 1921; and

 b

the by-law was in force immediately before the commencement of this item.

 3

(3) The by-law has effect, on and after the commencement of this item, as if it had been made for the purposes of paragraph (a) of the definition of prescribed condensate production area in subsection 6CA(1A) of the Excise Tariff Act 1921 as amended by this Schedule.

 4

(4) However, the by-law does not have effect, and is taken never to have had effect, to the extent that it prescribed the Rankin Trend as a condensate production area for the purposes of the definition of prescribed condensate production area in subsection 6CA(1) of the Excise Tariff Act 1921.

Endnotes

Endnote 1—About the endnotes

The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments

Endnote 6—Modifications

Endnote 7—Misdescribed amendments

Endnote 8—Miscellaneous

If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.

Abbreviation key—Endnote 2

The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the compiled law, but the text of the amendments is included in endnote 5.

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.

Miscellaneous—Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader of the compilation.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]

 a

(a) Subsection 2(1) (item 20) of the Tax and Superannuation Laws Amendment (2013 Measures No. 1) Act 2013 provides as follows:

 1

Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.