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Excise Legislation Amendment (Condensate) Bill 2008

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2008

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

Excise Legislation Amendment (Condensate) Bill 2008

 

 

(1)     Clause 2, page 1 (lines 7 to 9), omit the clause, substitute:

2   Commencement

             (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.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

 

2.  Schedule 1

The later of:

(a) the start of the day on which this Act receives the Royal Assent; and

(b) the start of the day on which the Excise Tariff Amendment (Condensate) Act 2008 receives the Royal Assent.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

 

Note:          This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

             (2)  Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

[determination of prices]

(2)     Schedule 1, item 7, page 5 (line 3), omit “or in the regulations”.

[determination of prices]

(3)     Schedule 1, item 7, page 5 (line 9), omit “or in the regulations”.

[determination of prices]

(4)     Schedule 1, item 7, page 5 (line 12), after “following in”, insert “the regulations, or in”.

[determination of prices]

(5)     Schedule 1, item 13, page 7 (after line 14), after subitem (2), insert:

Determination of interim VOLWARE prices

(2A)     Subsections 7(2), (3) and (4) of the Petroleum Excise (Prices) Act 1987 apply, in relation to a prescribed condensate production area and the pre-commencement period, as if those subsections were replaced with the following:

“           (2)  The Minister, or a person authorised by the Minister to exercise the Minister’s powers under this section, must, not later than 2 months, or such longer period as the Minister allows, after the day on which Schedule 1 to the Excise Tariff Amendment (Condensate) Act 2008 commences, determine a price in relation to each month in the pre-commencement period and an oil producing region, to be known as the interim VOLWARE price for that month and that region, 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 under section 6 or otherwise), of the amount that will finally be determined to be the volume weighted average of realised prices for that month and that region.”

“           (3)  The Minister, or a person authorised by the Minister to exercise the Minister’s powers under this section, must, not later than 6 months after the day on which an interim VOLWARE price is determined for a month in relation to an oil producing region, determine a price in relation to that month and that region, to be known as the final VOLWARE price for that month and that region, being the final determination by the Minister or authorised person of the volume weighted average of realised prices for that month and that region.”

“           (4)  A determination of the final VOLWARE price for a month and an oil producing region must 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 day on which an interim VOLWARE price was determined for 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.”

[determination of prices]

(6)     Schedule 1, item 13, page 7 (before line 15), before subitem (3), insert:

Definitions

[determination of prices]

(7)     Schedule 1, item 13, page 7 (after line 16), after the definition of month , insert:

pre-commencement period means the period:

                     (a)  beginning at midnight (by legal time in the Australian Capital Territory) on 30 April 2008; and

                     (b)  ending at midnight on the last day of the last month that ends before the day on which Schedule 1 to the Excise Tariff Amendment (Condensate) Act 2008 commences.

[determination of prices]

(8)     Schedule 1, item 14, page 8 (lines 11 and 12), omit “the definition of first day were 14 May 2008”, substitute “the references to “the first day” in paragraph (a) and subparagraph (b)(iii) of the definition of transition period , and in subparagraph 15(4)(a)(ii) and paragraph 15(4)(b) of the Excise Act 1901 , were references to “the day on which Schedule 1 to the Excise Tariff Amendment (Condensate) Act 2008 commences””.

[definition of grace period]

(9)     Schedule 1, page 8 (after line 12), at the end of the Schedule, add:

15  Time for compliance with Excise Act 1901

Section 15 of the Excise Act 1901 applies in relation to condensate as if the references to “the first day” in the following provisions were references to “the day on which Schedule 1 to the Excise Tariff Amendment (Condensate) Act 2008 commences”:

                     (a)  paragraph (a) and subparagraph (b)(iii) of the definition of transition period in subsection 15(3);

                     (b)  subparagraph 15(4)(a)(ii);

                     (c)  paragraph 15(4)(b).

[time for compliance with Excise Act 1901]



Parliamentary Counsel

Excise Legislation Amendment (Condensate) Bill 2008

PD349

Statement of reasons: why certain amendments should be moved as requests

Section 53 of the Constitution is as follows:

Powers of the Houses in respect of legislation

53. Proposed laws appropriating revenue or moneys, or imposing taxation, shall not originate in the Senate. But a proposed law shall not be taken to appropriate revenue or moneys, or to impose taxation, by reason only of its containing provisions for the imposition or appropriation of fines or other pecuniary penalties, or for the demand or payment or appropriation of fees for licences, or fees for services under the proposed law.

The Senate may not amend proposed laws imposing taxation, or proposed laws appropriating revenue or moneys for the ordinary annual services of the Government.

The Senate may not amend any proposed law so as to increase any proposed charge or burden on the people.

The Senate may at any stage return to the House of Representatives any proposed law which the Senate may not amend, requesting, by message, the omission or amendment of any items or provisions therein. And the House of Representatives may, if it thinks fit, make any of such omissions or amendments, with or without modifications.

Except as provided in this section, the Senate shall have equal power with the House of Representatives in respect of all proposed laws.

Amendment (5)

The effect of this amendment is to allow the Minister to make retrospective determinations of VOLWARE prices which are used to calculate the amount of excise to pay on condensate during the period from 15 May 2008 until Schedule 1 to the Excise Tariff Amendment (Condensate) Act 2008 commences. It is covered by section 53 because, in allowing the determinations to be made retrospectively, it “increase[s] any proposed charge or burden on the people”.



 

 

Excise Legislation Amendment (Condensate) Bill 2008

 

 

 

Statement pursuant to the order of

the Senate of 26 June 2000

 

 

 

 



This bill is treated as a bill imposing taxation because the amendments it makes to other legislation are integral to the imposition of taxation by the Excise Tariff Amendment (Condensate) Bill 2008. As the Senate, under section 53 of the Constitution, cannot amend a bill imposing taxation, the amendments to the bill are treated as requests.