Document ID: chunk:federal_register_of_legislation:C2008A00109:clause:1_31
Version: federal_register_of_legislation:C2008A00109
Segment Type: clause
Provision Reference: sch 1 cl 31
Character Range: 22468–25159

31  Application

Application of Schedule (other than items 2, 3, 4, 10, 11 and 12)

(1) The amendments made by this Schedule (other than items 2, 3, 4, 10, 11 and 12) apply (subject to subitem (2)) in relation to condensate produced after midnight (by legal time in the Australian Capital Territory) on 13 May 2008.

(2) Section 6CA of the Excise Tariff Act 1921 (as inserted by item 27 of this Schedule) applies, in relation to condensate produced after midnight (by legal time in the Australian Capital Territory) on 13 May 2008 until midnight (by legal time in the Australian Capital Territory) on 30 June 2008, as if the following modifications were made to that section:
 (a) the following definitions were omitted:
 (i) the definition of adjusted previous year's duty in subsection 6CA(1);
 (ii) the definition of non‑adjusted previous year's duty in subsection 6CA(1);
 (iii) the definition of credited adjustment amount in subsection 6CA(3);
 (iv) the definition of debited adjustment amount in subsection 6CA(3);
 (b) the formula in subsection 6CA(3) were replaced with the following formula:
 (c) subsections 6CA(7) and (8) were omitted.

Application of items 2, 3, 4, 10, 11 and 12

(3) The amendments made by items 2, 3, 4, 10, 11 and 12 of this Schedule apply in relation to stabilised crude petroleum oil and condensate produced after midnight (by legal time in the Australian Capital Territory) on 13 May 2008.

(4) To avoid doubt, the amendments made by those items do not affect any excise on stabilised crude petroleum oil produced before midnight (by legal time in the Australian Capital Territory) on 13 May 2008.

(5) In determining whether stabilised crude petroleum oil or condensate is included in pre‑threshold onshore oil and condensate, take into account all stabilised crude petroleum oil and condensate produced, whether before or after midnight (by legal time in the Australian Capital Territory) on 13 May 2008, from a particular onshore field.

(6) In determining whether stabilised crude petroleum oil or condensate is included in exempt offshore oil and condensate, take into account all stabilised crude petroleum oil and condensate produced, whether before or after midnight (by legal time in the Australian Capital Territory) on 13 May 2008, from a particular exempt offshore field.

Application of subsection 5(2) of the Excise Tariff Act 1921

(7) For the purposes of item 21 of the Schedule to the Excise Tariff Act 1921 (as amended by item 30 of this Act), paragraphs 5(2)(b) and (2)(c) of the Excise Tariff Act 1921 do not apply in relation to condensate produced before midnight (by legal time in the Australian Capital Territory) on 13 May 2008.