Energy Resources Levy Act 1976

1: Short Title
This Act may be cited as the Energy Resources Levy Act 1976.
2: Interpretation
1: In this Act, unless the context otherwise requires,— agent Secretary book and document book or document coal coal mine company energy resource land levy section 4 licence Petroleum Act 1937 section 4 month natural gas New Zealand the internal waters of New Zealand (as defined by section 4 , Contiguous Zone, section 2 owner to own partnership person petroleum
a: any naturally occurring hydrocarbon (other than coal), whether in a gaseous, liquid, or solid state; or
b: any naturally occurring mixture of hydrocarbons (other than coal), whether in a gaseous, liquid, or solid state; or
c: any naturally occurring mixture of 1 or more hydrocarbons (other than coal), whether in a gaseous, liquid, or solid state, and 1 or more of the following, namely, hydrogen sulphide, nitrogen, helium, or carbon dioxide produced Secretary South Island lignite
2: For the purposes of this Act, 2 or more persons acting as co-trustees shall be deemed to be 1 person. Section 2(1) agent amended 1 April 1978 Ministry of Energy Act 1977 Section 2(1) coal substituted 1 June 1978 Energy Resources Levy Amendment Act 1978 Section 2(1) coal mine substituted 12 December 1983 Energy Resources Levy Amendment Act 1983 Section 2(1) Commissioner repealed 1 April 1978 Ministry of Energy Act 1977 Section 2(1) New Zealand amended 1 August 1996 Territorial Sea and Exclusive Economic Zone Amendment Act 1996 Section 2(1) New Zealand amended 1 October 1977 section 33(2)﻿(b) Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977 Section 2(1) Secretary substituted 2 January 1990 section 5 Ministry of Energy (Abolition) Act 1989
2A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1 Section 2A inserted 20 May 2023 section 4 Energy Resources Levy Amendment Act 2023
3: Act to bind Crown
This Act shall bind the Crown.
1: Imposition of levy
4: Levy on natural gas and coal
1: Subject to sections 6 7 19
2: Subject to section 5
a: on natural gas, 45 cents per gigajoule:
b: on coal (other than South Island lignite), $2 per tonne:
c: on South Island lignite, $1.50 per tonne.
3: The person liable to pay the levy payable on any natural gas shall be the person who, at the time the natural gas was produced, held the licence relating to the land from which the natural gas was produced.
4: The person liable to pay the levy payable on any coal (including lignite) shall be the person who, at the time the coal was produced, was the owner of the coal mine from which the coal was produced.
5: Nothing in subsections (3) and (4) shall in any way derogate from Part 6
5: Rates of levy may be altered by Order in Council
1: The Governor-General may from time to time, by Order in Council, reduce or increase any or all of the rates of levy specified in subsection (2) of section 4 provided that no such rate may be increased under this subsection to such an extent that it would exceed the rate specified in that subsection (2).
2: An order under this section—
a: is secondary legislation ( see Part 3
b: must be confirmed by an Act ( see subpart 3
2:
3: The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 5(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 5(2) repealed 1 January 2016 section 14 Legislation (Confirmable Instruments) Amendment Act 2015 Section 5(3) repealed 1 January 2016 section 14 Legislation (Confirmable Instruments) Amendment Act 2015
5A: Orders are confirmable instruments
Section 5A repealed 28 October 2021 section 3 Secondary Legislation Act 2021
6: Exemptions from levy
1: Notwithstanding section 4
a: any natural gas produced as a result of a discovery of natural gas made on or after 1 January 1986; or
b: any energy resource that, in the opinion of the Secretary, has been unavoidably lost before any use or sale or other disposition of it.
2: Notwithstanding section 4
a: where the total energy content of all natural gas that is produced during a particular month and the levy on which would be payable by the same person does not exceed 50 gigajoules, no levy shall be payable on that natural gas:
b: where the total weight of all coal that is produced during a particular month and the levy on which would be payable by the same person does not exceed 10 tonnes, no levy shall be payable on that coal.
3: The exemption in subsection (1)﻿(a) Section 6(1) substituted 28 September 1993 Energy Resources Levy Amendment Act 1993 Section 6(3) inserted 20 May 2023 section 5 Energy Resources Levy Amendment Act 2023
7: Levy on certain energy resources may be remitted or reduced by Order in Council
1: The Governor-General may, from time to time and in respect of any particular energy resource that in his opinion would not be produced if a levy at the rate specified in section 4 section 5
a: no levy shall be payable on that energy resource; or
b: a levy at the rate specified in the Order in Council (being a rate lower than that specified in the said section 4 section 5 and every such Order in Council shall have effect according to its tenor. The Governor-General may in like manner vary or revoke any such Order in Council.
2: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 7(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
2: Returns
8: Returns
1: Subject to this section, every person who is liable to pay a levy on any energy resource shall, within 20 days after the end of the month during which the energy resource was produced, furnish to the Secretary section 32
2: The Secretary
3: The exercise by the Secretary Section 8(1) amended 1 April 1978 Ministry of Energy Act 1977 Section 8(2) amended 1 April 1978 Ministry of Energy Act 1977 Section 8(3) amended 1 April 1978 Ministry of Energy Act 1977
9: Secretary In addition to the returns required by section 8 Secretary Secretary Secretary Section 9 heading amended 1 April 1978 Ministry of Energy Act 1977 Section 9 amended 1 April 1978 Ministry of Energy Act 1977
10: Presumption as to authority
A return purporting to be furnished by or on behalf of any person shall for all purposes be deemed to have been furnished by that person or by his authority, as the case may be, unless the contrary is proved.
3: Payment, assessment, and recovery of levy
11: Time for payment of levy
1: Subject to this section and section 12(5) Secretary section 8
2: The Secretary Section 11(1) amended 1 April 1978 Ministry of Energy Act 1977 Section 11(2) amended 1 April 1978 Ministry of Energy Act 1977
12: Assessment of levy
1: Where the Secretary Secretary
2: Where—
a: any person makes default in furnishing any return; or
b: the Secretary
c: the Secretary the Secretary section 14
3: Subject to section 13 Secretary
4: As soon as conveniently may be after an assessment or amended assessment is made under this section, the Secretary provided that the omission to give any such notice shall not invalidate the assessment or amended assessment or in any manner affect the operation thereof.
5: Where any levy or further levy is assessed under an assessment or amended assessment made under this section the person liable to pay the levy or further levy shall pay the amount thereof to the Secretary section 8 provided that where the Secretary Secretary section 8
6: The validity of an assessment or an amended assessment shall not be affected by reason that any of the provisions of this Act have not been complied with.
7: Except in proceedings on appeal under section 14 Secretary Section 12(1) amended 1 April 1978 Ministry of Energy Act 1977 Section 12(2) amended 1 April 1978 Ministry of Energy Act 1977 Section 12(2)﻿(b) amended 1 April 1978 Ministry of Energy Act 1977 Section 12(2)﻿(c) amended 1 April 1978 Ministry of Energy Act 1977 Section 12(3) amended 1 April 1978 Ministry of Energy Act 1977 Section 12(4) amended 1 April 1978 Ministry of Energy Act 1977 Section 12(5) amended 1 April 1978 Ministry of Energy Act 1977 Section 12(5) amended 1 April 1978 Ministry of Energy Act 1977 Section 12(7) amended 1 April 1978 Ministry of Energy Act 1977
13: Limitation of time for amendment of assessment
1: Where any person has made a return in respect of any energy resource and has paid, or has been assessed for, a levy or further levy thereon, it shall not be lawful for the Secretary
a: where an assessment has not been made, to make an assessment:
b: where an assessment has been made, to alter the assessment so as to increase the amount thereof— after the expiration of 4 years from the day on which the return was made.
2: Notwithstanding subsection (1), in any case where, in the opinion of the Secretary Secretary
a: where an assessment has not been made, to make an assessment at any time:
b: where an assessment has been made, to alter the assessment at any time so as to increase the amount thereof. Section 13(1) amended 1 April 1978 Ministry of Energy Act 1977 Section 13(2) amended 1 April 1978 Ministry of Energy Act 1977
14: Appeal from assessment to
High Court
1: Where any person is dissatisfied with any assessment or amended assessment made by the Secretary under this Act, the person may appeal to the High Court provided that, except as otherwise expressly provided in this Act, there shall be no right of appeal with respect to any matter which by any provision of this Act is left to the discretion, judgment, opinion, approval, consent, decision, or determination of the Governor-General, the Minister of Finance, or the Chief Inspector of Coal Mines.
2: Every appeal under subsection (1) shall be made by giving notice of appeal within 2 months after the date on which the appellant was notified of the assessment or amended assessment appealed against or within such further time as the court may allow on application made either before or after the expiration of those 2 months.
3: In its determination of any appeal the court may confirm, modify, or reverse the assessment or amended assessment appealed against.
4: Subject to this section, the procedure in respect of any such appeal shall be in accordance with rules of court. Section 14 heading amended 15 August 1991 section 3(5) Judicature Amendment Act 1991 Section 14(1) amended 15 August 1991 section 3(5) Judicature Amendment Act 1991
15: Obligation to pay levy not suspended by appeal
The obligation to pay and the right to receive and recover any levy shall not be suspended by any appeal; but, if the appellant succeeds, the amount (if any) of the levy received by the Secretary Secretary Section 15 amended 1 April 1978 Ministry of Energy Act 1977
16: Additional levy for default in payment of levy
1: Subject to subsections (3) and (4) section 12 section 11
2: For the purposes of subsection (1), any amount payable thereunder as additional levy shall be calculated at the rate of 2
3: On application for relief made in writing by or on behalf of any person who has become liable under this section for the payment of any additional levy that does not exceed $500, the Secretary
a: by the remission of the whole or any part of the additional levy; or
b: where the additional levy has been paid in whole or in part, by the refund to the person of the whole or any part of the additional levy that has been paid, with or without the remission of any part of the additional levy that has not been paid.
4: On application for relief made in writing by or on behalf of any person who has become liable under this section for the payment of any additional levy that exceeds $500, the Minister of Finance, if having regard to the circumstances of the case he thinks it equitable to do so, may grant relief to the person—
a: by the remission of the whole or any part of the additional levy; or
b: where the additional levy has been paid in whole or in part, by the refund to the person of the whole or any part of the additional levy that has been paid, with or without the remission of any part of the additional levy that has not been paid.
5: Any amount imposed by way of additional levy under this section shall be in addition to any other penalty to which the person may be liable, and shall for all purposes be deemed to be of the same nature as the unpaid levy in respect of which it is imposed, and shall, except to the extent that relief is granted in respect thereof under subsection (3) or subsection (4), be recoverable accordingly. Section 16(2) amended 28 September 1993 Energy Resources Levy Amendment Act 1993 Section 16(3) amended 1 April 1978 Ministry of Energy Act 1977
17: Recovery of levy
1: All money payable to the Secretary
2: The right to recover any levy as a Crown debt shall not be affected by the fact that a bond or security has been given for the payment of the levy or that no proper assessment of the levy has been made in due course or that a deficient assessment of the levy has been made.
3: Without in any way derogating from the Income Tax Act 2007 Tax Administration Act 1994 section RA 7 sections 156 158 to 164
a: every reference in those provisions to income tax or to tax were a reference to a levy; and
b: every reference in those provisions to the Commissioner were a reference to the Secretary section 2
c: for the words tax, and no proceedings on objection to an assessment of tax section 162 a levy, and no proceedings on appeal against an assessment or amended assessment of a levy
d: for the words this Act section 164 the Energy Resources Levy Act 1976
4: All money paid to or recovered by the Secretary a Section 17(1) amended 1 April 1978 Ministry of Energy Act 1977 Section 17(3) amended 1 April 2008 section ZA 2(1) Income Tax Act 2007 Section 17(3) amended 1 April 1995 Income Tax Act 1994 Section 17(3)﻿(b) amended 1 April 1978 Ministry of Energy Act 1977 Section 17(3)﻿(c) amended 1 April 1995 Income Tax Act 1994 Section 17(3)﻿(d) amended 1 April 1995 Income Tax Act 1994 Section 17(4) amended 25 January 2005 section 65R(3) Public Finance Act 1989 Section 17(4) amended 1 April 1978 Ministry of Energy Act 1977
4: Refunds and relief from levy
18: Refund of excess levy
Where the Secretary Secretary provided that no refund shall be made under this section after the expiration of the period of 8 years immediately after the date on which the levy was paid by him, unless written application for the refund is made by or on behalf of the person before the expiration of that period. Section 18 amended 1 April 1978 Ministry of Energy Act 1977
19: Relief in cases of serious hardship
In any case where it is shown to the satisfaction of the Minister of Finance that any person who has become liable to pay a levy has suffered such loss or is in such circumstances that the exaction of the full amount of the levy would entail or has entailed serious hardship, the Minister of Finance may release the person wholly or in part from his liability to pay the levy and may take such steps as are necessary for that purpose; and the Minister of Finance may, if the levy or any part thereof has already been paid, refund the whole or any part of the amount paid.
20: Appropriation of refunds
Any refund of a levy or an additional levy under this Act may be paid from public money Section 20 amended 26 July 1989 section 86(1) Public Finance Act 1989
5: Offences
21: Offences
1: Every person commits an offence against this Act who—
a: refuses or fails to furnish any return or information as and when required by this Act or any regulations made thereunder; or
b: wilfully or negligently makes any false return, or gives any false information, or misleads or attempts to mislead the Secretary responsible department of State
c: resists, obstructs, deceives, or attempts to deceive any person acting in the discharge of his duties or functions or in the exercise of his powers under this Act; or
d: acts in contravention of or, without lawful justification or excuse, fails to comply in any respect with any provision of this Act or of any regulations made thereunder or any requirement imposed under this Act or the regulations; or
e: aids, abets, or incites any other person to commit any offence against this Act or against any regulations made thereunder.
f:
2: Every person who commits an offence against this Act for which no other penalty is prescribed shall be liable on Section 21(1)﻿(b) amended 2 January 1990 section 4(c) Ministry of Energy (Abolition) Act 1989 Section 21(1)﻿(b) amended 1 April 1978 Ministry of Energy Act 1977 Section 21(1)﻿(f) repealed 1 April 1987 section 25(1) Official Information Amendment Act 1987 Section 21(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
22: Information may charge several offences
1: Any charging document
2: Where any charging document charging document
3: All such charges shall be heard together, unless the court, either before or at any time during the hearing, considers it just that any charge should be heard separately and makes an order to that effect. Section 22(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 22(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
23: Charging document may be filed within 10 years
Despite anything to the contrary in section 25 Section 23 replaced 1 July 2013 section 413 Criminal Procedure Act 2011
6: Agents
24: Interpretation
For the purposes of this Part— absentee
a: any person (other than a company) who is for the time being out of New Zealand:
b: any overseas company, unless it has a fixed and permanent place of business in New Zealand at which it carries on business in its own name:
c: any overseas company, which is declared by the Secretary to be an absentee for the purposes of this Act by notice given to that company or to its agent or attorney in New Zealand, so long as that declaration remains unrevoked overseas company
25: Secretary The Secretary Section 25 heading amended 1 April 1978 Ministry of Energy Act 1977 Section 25 amended 1 April 1978 Ministry of Energy Act 1977
26: Relation of principal and agent arising in effect
Where the Secretary agent principal Section 26 amended 1 April 1978 Ministry of Energy Act 1977
27: Liability of new companies for levy payable by former companies with substantially the same shareholders or under the same control
Without in any way derogating from the Income Tax Act 2007 section HD 15 Section 27 amended 1 April 2008 section ZA 2(1) Income Tax Act 2007
28: Liability of agent of absentee principal for returns and levy
Every person who has the possession, control, or management of a licence held or coal mine owned by any other person who is an absentee shall, for the purposes of this Act, be the agent of that other person in respect of any energy resource produced from land to which that licence relates or from that coal mine, as the case may be, and shall make returns and shall be chargeable with, and assessable and liable for, any levy payable thereon accordingly.
29: General provisions
With respect to every agent, the following provisions shall apply:
a: he shall, in respect of the energy resource in respect of which he is an agent, make the returns and be chargeable with the levy thereon as if he were the principal, and each return shall, except as otherwise provided by this Act, be separate and distinct from any other:
b: where as agent he pays any levy, he may recover the amount so paid from his principal, or may deduct the amount from any money in his hands belonging or payable to his principal:
c: he may from time to time retain out of any money belonging or payable to his principal such sums as may reasonably be deemed sufficient to pay the levy for which he is or may become liable:
d: he shall be personally liable for the levy payable in respect of the energy resource in respect of which he is an agent if, after the Secretary Section 29(d) amended 1 April 1978 Ministry of Energy Act 1977
30: Liability of principal not affected
1: Nothing in this Act relating to an agent shall be so construed as to release the principal from liability to make returns and to be chargeable with, and assessable and liable for, a levy.
2: No assessment of the agent shall preclude an assessment of the principal for the same levy, not shall an assessment of the principal preclude an assessment of the agent for the same levy, and the principal and agent shall be jointly and severally liable for any levy for which the agent is liable.
3: Where 2 or more persons are chargeable as agents with the same levy, they shall be jointly and severally liable therefor.
7: General provisions
31: Effect of imposition or alteration of levy on agreements for sale and prices of energy resources
1: Notwithstanding any other enactment or rule of law, every agreement, for the sale of an energy resource in respect of which a levy is payable, that has been made at any time before the day on which this Act receives the Governor-General's assent shall (unless the parties to the agreement otherwise agree or express provision to the contrary is made by the agreement or the amount of the levy has been specifically allowed for in the agreed price) be deemed to be modified by adding to the agreed price for the energy resource the amount of the levy payable in respect thereof.
2: Notwithstanding any other enactment or rule of law, if any alteration of any or all of the rates of levy is made by Order in Council, or by expiration of an Order in Council, pursuant to section 5
a: if the alteration increases the amount of levy payable in respect of the energy resource, there shall be added to the agreed price for the energy resource the difference between the amount of levy that would have been payable in respect of the energy resource had the alteration not been made and the amount of levy actually payable in respect of the energy resource:
b: if the alteration reduces the amount of levy payable in respect of the energy resource, there shall be deducted from the agreed price for the energy resource the difference between the amount of levy that would have been payable in respect of the energy resource had the alteration not been made and the amount of levy actually payable in respect of the energy resource.
3: Notwithstanding any other enactment, where an agreement for the sale of an energy resource in respect of which a levy is payable or has been paid is made at any time on or after the day on which this Act receives the Governor-General's assent, the price payable under that agreement for that energy resource may be an amount not exceeding the total of—
a: the maximum price that would have been lawfully payable therefor under such an agreement if this Act had not been passed; and
b: the amount of the levy payable or paid in respect of that energy resource.
4: Notwithstanding any other enactment, rule of law, deed, or agreement, where a person is liable to pay to any other person a royalty, rent, tribute, or fine on any energy resource produced and the amount of that royalty, rent, tribute, or fine is a percentage of or calculated by reference to the selling price of that energy resource, the selling price for the purposes of calculating the royalty, rent, tribute, or fine payable shall be the amount that the selling price would have been had this Act not been passed, unless both those persons otherwise agree.
5: Section 74A(1) section 74A(2)
6: In this section— agreement energy resource natural gasoline Natural Gas Corporation Act 1967 Section 31(5) replaced 1 March 2017 section 8(2) Property Law Amendment Act 2016
32: Power of
Secretary For the purposes of this Act the Secretary Section 32 heading amended 1 April 1978 Ministry of Energy Act 1977 Section 32 amended 1 April 1978 Ministry of Energy Act 1977
33: Evidence of forms, returns, assessments, and financial transactions
1: The production of any document under the hand of the Secretary Secretary
2: The production of any document under the hand of the Secretary Secretary
3: In proceedings for an offence against this Act and in proceedings in the course of which the Secretary section 2 of the Banking Act 1982
4: A copy of any book or document, or of an entry in any book or document, that would be admissible in evidence under subsection (3), or a copy of any such copy, shall be admissible as evidence of the book or document or entry and of the transactions, dealings, matters, and amounts therein disclosed, whether or not notice to produce the book or document or entry or copy has been given.
5: In subsections (3) and (4) the term business Section 33(1) amended 1 April 1978 Ministry of Energy Act 1977 Section 33(2) amended 1 April 1978 Ministry of Energy Act 1977 Section 33(3) amended 16 December 1982 Banking Act 1982 Section 33(3) amended 1 April 1978 Ministry of Energy Act 1977
34: Secretary's
1: Notwithstanding anything in any other Act, the Secretary responsible department of State Secretary
2: The Secretary Secretary
3: Every person (including any officer employed in or in connection with any department of the Government or by any public authority, and any other public officer) shall, when required by the Secretary statements of financial position Secretary
4: The Secretary
5: Any person producing any books or documents which are retained by the Secretary Secretary
6: The Secretary Section 34 heading amended 1 April 1978 Ministry of Energy Act 1977 Section 34(1) amended 2 January 1990 section 4(c) Ministry of Energy (Abolition) Act 1989 Section 34(1) amended 1 April 1978 Ministry of Energy Act 1977 Section 34(2) amended 1 April 1978 Ministry of Energy Act 1977 Section 34(3) amended 1 October 1997 section 6(1) Financial Reporting Amendment Act 1997 Section 34(3) amended 1 April 1978 Ministry of Energy Act 1977 Section 34(4) amended 1 April 1978 Ministry of Energy Act 1977 Section 34(5) amended 1 April 1978 Ministry of Energy Act 1977 Section 34(6) amended 1 April 1978 Ministry of Energy Act 1977
35: Chief Inspector of Coal Mines to decide what is lignite
Where there is disagreement between the Secretary section 8 of the Coal Mines Act 1979 Section 35 amended 1 April 1980 Coal Mines Act 1979 Section 35 amended 1 April 1978 Ministry of Energy Act 1977
36: Measurement of energy resources and keeping of records
1: Every person who is liable to pay a levy on any energy resource shall ensure that it is weighed or measured for the purposes of this Act in accordance with regulations made under this Act or, in default of any such regulations or so far as such regulations do not extend, in such manner as the Minister
2: Every person who is liable to pay a levy shall, for the purposes of this Act, keep sufficient books and documents to enable his liability to be readily ascertained by the Secretary Secretary provided that this subsection shall not require the retention of any books and documents in respect of which the Secretary Section 36(1) amended 2 January 1990 section 5 Ministry of Energy (Abolition) Act 1989 Section 36(1) amended 1 April 1978 Ministry of Energy Act 1977 Section 36(2) amended 1 April 1978 Ministry of Energy Act 1977 Section 36(2) proviso amended 1 April 1978 Ministry of Energy Act 1977
37: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing the duties and functions of officers and employees of the Ministry
b: prescribing, or providing that the Secretary Secretary Secretary
c: providing for such other matters, not inconsistent with this Act, as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration.
2: Any regulations made under this section may provide that they shall come into force or shall be deemed to have come into force on a date to be specified therein, whether that date is before or after the date of the making of the regulations.
3: Regulations under this section—
a: are secondary legislation ( see Part 3
b: commence in accordance with subsection (2), even if they are not yet published.
4: If the regulations under subsection (1)﻿(b) provide that the Secretary or another person may prescribe any matter,—
a: an instrument prescribing any of those matters is secondary legislation ( see Part 3
b: the regulations must contain a statement to that effect. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (3). Legislation Act 2019 requirements for secondary legislation referred to in subsection (3) Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (4)﻿(a). Legislation Act 2019 requirements for secondary legislation referred to in subsection (4)﻿(a) Publication See the relevant publication, presentation, and disallowance table in the secondary legislation referred to in subsection (3) LA19 ss 73 74 cl 14 Presentation The Minister must present it to the House of Representatives, unless a transitional exemption applies under Schedule 1 LA19 s 114 cl 32 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 37(1)﻿(a) amended 2 January 1990 section 5 Ministry of Energy (Abolition) Act 1989 Section 37(1)﻿(a) amended 1 April 1978 Ministry of Energy Act 1977 Section 37(1)﻿(b) amended 1 April 1978 Ministry of Energy Act 1977 Section 37(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Section 37(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
38: Amendments to Ministry of Energy Resources Act 1972
Section 38 repealed 1 April 1978 Ministry of Energy Act 1977