Liquefied Petroleum Gas (Grants) Amendment Act 1980

No. 173 of 1980

An Act to amend the Liquefied Petroleum Gas (Grants) Act 1980

[Assented to 17 December 1980]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

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

(2) The Liquefied Petroleum Gas (Grants) Act 1980 is in this Act referred to as the Principal Act.

Commencement

2. (1) Subject to sub-section (2), this Act shall come into operation on the day on which it receives the Royal Assent.

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

Title

3. The title of the Principal Act is amended by omitting “non-commercial”.

Interpretation

4. Section 3 of the Principal Act is amended—

(a) by omitting “or” (last occurring) in paragraph (b) of the definition of “eligible use”;

(b) by adding at the end of the definition of “eligible use” the following word and paragraph:

“or (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;”;

“‘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 sub-section 3a(1), a natural gas area for the purposes of this Act;

“‘officer’ means an officer of the Department of Business and Consumer Affairs;”;

(d) by inserting after the definition of “prescribed cylinder” the following definition:

“‘prescribed industry’ means an industry that is, by virtue of a declaration in force under sub-section 3b(1), a prescribed industry for the purposes of this Act;”; and

(e) by adding at the end thereof the following definitions:

“‘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.”.

5. After section 3 of the Principal Act the following sections are inserted:

Natural gas areas

“3a. (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 sub-section (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 sub-section (1) made before 1 April 1981 may be expressed to have had effect from and including 30 September 1980.

Prescribed industries

“3b. (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 sub-section (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

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.”.

Provisions of scheme—Liquefied petroleum gas

6. Section 6 of the Principal Act is amended—

(a) by inserting in sub-section (5) “, 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,” after “such gas”;

(b) by inserting in paragraph (a) of sub-section (6) “or supplied at particular premises outside a natural gas area” after “class of premises”; and

“(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).”.

Provisions of scheme—eligible reticulation gas

7. Section 7 of the Principal Act is amended—

(a) by inserting in sub-section (3) “, 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,” after “such gas”;

(b) by inserting in paragraph (a) of sub-section (4) “or supplied at particular premises outside a natural gas area” after “class of premises”; and

“(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;

(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).”.

8. (1) Section 8 of the Principal Act is repealed and the following section substituted:

Appointment of approved persons

“8. The Minister 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

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

(2) A person who, immediately before the commencement of this section, was an approved person by virtue of an appointment under section 8 of the Principal Act shall be deemed to have been appointed an approved person by virtue of an appointment under section 8 of the Principal Act as amended by this section.

Application for Review

9. Section 15 of the Principal Act is amended—

(a) by inserting after paragraph (g) the following paragraph:

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

(b) by omitting from paragraph (1) “or” (last occurring); and

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

Effect of amendments

10. A scheme formulated before 30 September 1980 and in force immediately before the day on which this Act receives the Royal Assent shall be deemed to contain, and to have contained on and after 30 September 1980, the provisions referred to in sub-sections 6(5), (6) and (6a) and 7(3), (4) and (6a) of, and the definitions of “eligible use”, “industry”, “natural gas area”, “prescribed industry”, “use” and “works truck” in, the Principal Act as amended by this Act and not to contain, or to have contained on or after that date, the provisions referred to in sub-sections 6(5) and (6) and 7(3) and (4) of, and the definition of “eligible use” in, the Principal Act.