6Provisions of scheme—liquefied petroleum gas

6 Provisions of scheme—liquefied petroleum gas

(1) A scheme shall contain: (a) a provision authorizing the Minister or an approved person to register persons as distributors of liquefied petroleum gas for the purposes of the scheme; (b) a provision that such registration may take effect from the commencing date or any later date; (c) a provision authorizing the Minister or an approved person to revoke the registration of a person so registered; and (d) a provision that the persons to whom payments may be made by the State under the scheme in respect of the sale of liquefied petroleum gas shall be such distributors of liquefied petroleum gas as are so registered under the scheme. (2) A scheme shall not permit the registration under the scheme of a distributor of liquefied petroleum gas unless he has entered into an agreement in writing with the Commonwealth and the State, or given an undertaking in writing to the Commonwealth, to the effect that: (a) any liquefied petroleum gas that, after the agreement is entered into or the undertaking is given and before the expiration of the period to which this Act applies, is sold by him for eligible use will be sold by him at a price that gives to the purchaser the benefit of any payment under the scheme received or to be received by him in respect of the sale; and (b) he will not make a claim for a payment from the State in respect of the sale of any liquefied petroleum gas, including a sale before the agreement was made or the undertaking was given, unless he sold the gas at a price that gave to the purchaser the benefit of the payment that the distributor claims to receive in respect of the sale. (3) A scheme shall contain: (a) a provision that, where the Minister or an approved person is satisfied, by reason of the size or location of container, that liquefied petroleum gas decanted into the container will be used primarily for decanting into prescribed cylinders, the Minister or the approved person may determine that the container is a container the decanting into which of liquefied petroleum gas is substantially equivalent to the supply of that gas for eligible use; (b) a provision authorizing the Minister or an approved person to revoke a determination referred to in paragraph (a); (c) a provision that, where the Minister or an approved person is satisfied, by reason of the size or location of a container, that liquefied petroleum gas decanted into the container during a past period commencing on or after the commencing date was used primarily for decanting into prescribed cylinders, the Minister or the approved person may determine that the container was, during that period, a container the decanting into which of liquefied petroleum gas was substantially equivalent to the supply of that gas for eligible use; and (d) a provision that a determination referred to in paragraph (c) shall be deemed to have been in force during, and only during, the period to which it relates. (4) A scheme shall contain: (a) a provision that, for the purposes of the scheme, liquefied petroleum gas sold by a registered distributor of liquefied petroleum gas shall be deemed to have been sold for eligible use if the gas is supplied to the purchaser by decanting the gas into: (i) a prescribed cylinder; or (ii) a container in respect of which a determination referred to in subsection (3) is in force; and was not so decanted, and had never previously been decanted, from a prescribed cylinder or a container referred to in subparagraph (ii); and (b) a provision that, where liquefied petroleum gas is deemed to have been sold for eligible use, any subsequent sale of that gas shall be deemed to be a sale for other than eligible use. (5) A scheme shall contain a provision that, for the purposes of the scheme but subject to the provisions required by subsection (4), where a quantity of liquefied petroleum gas sold by a registered distributor of such gas, 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, is sold partly for eligible use and partly for other use, that quantity shall be deemed to have been sold: (a) where more than 50% of that quantity is sold for eligible use—for eligible use; or (b) in any other case—for other than eligible use. (6) A scheme shall contain a provision that, where: (a) a quantity of liquefied petroleum gas, or each quantity of such gas supplied to premises included in a class of premises, or supplied at particular premises outside a natural gas area, is sold partly for eligible use and partly for other use; and (b) the Minister or an approved person is satisfied that the percentage of that quantity or each of those quantities, as the case may be, that is sold for eligible use cannot be determined; the percentage of that quantity or each of those quantities, as the case may be, sold for eligible use shall, for the purposes of the scheme, be such percentage as is estimated by the Minister or the approved person, having regard to such information as is available to him, to be the percentage of that quantity or each of those quantities, as the case may be, that is so sold. (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). (7) A scheme: (a) shall provide for payments by the State to registered distributors of liquefied petroleum gas in respect of liquefied petroleum gas that, during the period to which this Act applies, is, or has been, sold by them for eligible use; and (b) shall provide that payments referred to in paragraph (a) made in respect of liquefied petroleum gas that, during the period to which this Act applies, has been, or is, sold by a registered distributor of the gas for eligible use shall be at the rate prescribed by section 6A. (8) As soon as practicable after the Minister ascertains the rate at which payments referred to in paragraph (7)(a) are to be made in respect of sales, during the period of 6 months commencing on a prescribed day, of liquefied petroleum gas for eligible use, he shall publish for the information of the public a notice in the Gazette setting out that rate. (9) For the purposes of subsection (8), 1 October 1984 and 1 April 1985 are prescribed days.