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Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011

Schedule 4 Amendments relating to registration fees

Part 1 Repeal of the Offshore Petroleum and Greenhouse Gas Storage (Registration Fees) Act 2006

Offshore Petroleum and Greenhouse Gas Storage (Registration Fees) Act 2006

1  The whole of the Act

Repeal the Act .



 

Part 2 Consequential amendments

Offshore Petroleum and Greenhouse Gas Storage Act 2006

2  Section 7 (definition of Registration Fees Act )

Repeal the definition.

3  At the end of section 473

Add:

Note:          Section 516A requires the application to be accompanied by an application fee.

4  Subsection 479(3)

Omit “On payment of the fee provided for in the Registration Fees Act, the”, substitute “The”.

5  At the end of section 488

Add:

Note:          Section 516A requires the application to be accompanied by an application fee.

6  Subsection 494(3)

Omit “On payment of the fee provided for in the Registration Fees Act, the”, substitute “The”.

7  At the end of section 498

Add:

Note:          Section 516A requires the provisional application to be accompanied by an application fee.

8  Section 512

Repeal the section.

9  After section 516

Insert:

516A   Application fee

             (1)  An eligible application must be accompanied by the fee (if any) prescribed by the regulations.

Note:          For eligible application , see subsection (4).

             (2)  Different fees may be prescribed for different eligible applications.

             (3)  A fee must not be such as to amount to taxation.

             (4)  For the purposes of this section, each of the following is an eligible application :

                     (a)  an application for the approval of the transfer of a title;

                     (b)  an application for the approval of a dealing (other than an application covered by section 502);

                     (c)  a provisional application for the approval of a dealing.

10  Section 517

Repeal the section.

11  At the end of section 525

Add:

Note:          Section 565A requires the application to be accompanied by an application fee.

12  Subsection 530(3)

Omit “On payment of the fee provided for in the Registration Fees Act, the”, substitute “The”.

13  At the end of section 539

Add:

Note:          Section 565A requires the application to be accompanied by an application fee.

14  Subsection 544(3)

Omit “On payment of the fee provided for in the Registration Fees Act, the”, substitute “The”.

15  At the end of section 548

Add:

Note:          Section 565A requires the provisional application to be accompanied by an application fee.

16  Section 561

Repeal the section.

17  After section 565

Insert:

565A   Application fee

             (1)  An eligible application must be accompanied by the fee (if any) prescribed by the regulations.

Note:          For eligible application , see subsection (4).

             (2)  Different fees may be prescribed for different eligible applications.

             (3)  A fee must not be such as to amount to taxation.

             (4)  For the purposes of this section, each of the following is an eligible application :

                     (a)  an application for the approval of the transfer of a title;

                     (b)  an application for the approval of a dealing (other than an application covered by section 551);

                     (c)  a provisional application for the approval of a dealing.

18  Section 566

Repeal the section.

19  Division 2 of Part 6.7

Repeal the Division.

20  After paragraph 636(1)(e)

Insert:

                  (eaa)  a fee under subsection 516A(1);

21  Before paragraph 636(1)(f)

Insert:

                    (ec)  a fee under subsection 565A(1);



 

Part 3 Application and transitional provisions

22  Application of repeal

The repeal of the Offshore Petroleum and Greenhouse Gas Storage (Registration Fees) Act 2006 by this Schedule applies:

                     (a)  to the extent to which that Act relates to the entry, under section 479 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 , of a memorandum of the transfer of a title—to such an entry made in response to an application made after the commencement of this item; and

                     (b)  to the extent to which that Act relates to the entry, under section 494 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 , of the approval of a dealing—to such an entry made in response to an application or provisional application made after the commencement of this item; and

                     (c)  to the extent to which that Act relates to the entry, under section 530 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 , of a memorandum of the transfer of a title—to such an entry made in response to an application made after the commencement of this item; and

                     (d)  to the extent to which that Act relates to the entry, under section 544 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 , of the approval of a dealing—to such an entry made in response to an application or provisional application made after the commencement of this item.

23  Application of provisions relating to application fees

(1)       Section 516A of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 as amended by this Schedule applies to eligible applications made after the commencement of this item.

(2)       Section 565A of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 as amended by this Schedule applies to eligible applications made after the commencement of this item.

24  Transitional

Despite the amendments of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 made by this Schedule, that Act continues to apply, after the commencement of this item, in relation to a fee imposed by the repealed Offshore Petroleum and Greenhouse Gas Storage (Registration Fees) Act 2006 , as if those amendments had not been made.