6AAscertainment of prescribed rate in respect of liquefied petroleum gas

6A Ascertainment of prescribed rate in respect of liquefied petroleum gas

(1) The prescribed rate in relation to liquefied petroleum gas for the purposes of paragraph 6(7)(b) is: (a) in relation to liquefied petroleum gas sold on or before 28 March 1984—the rate of $80 per tonne of the weight of that liquefied petroleum gas; (b) in relation to liquefied petroleum gas sold during the period commencing on 29 March 1984 and ending on 30 September 1984—the rate of $20.31 per tonne of the weight of that liquefied petroleum gas; and (c) in relation to liquefied petroleum gas sold during: (i) the period of 6 months commencing on 1 October 1984; or (ii) the period of 6 months commencing on 1 April 1985; the rate of such amount per tonne as is ascertained in accordance with the formula Image unavailable in extracted text, where:

A is the amount that is the approved wholesale price per tonne in relation to that liquefied petroleum gas.

B is the amount that was the approved wholesale price per tonne in relation to liquefied petroleum gas sold immediately before the commencement of the period concerned.

C is the amount per tonne that was the prescribed rate under this subsection in relation to liquefied petroleum gas sold on the day immediately preceding the commencement of the period concerned.

D is:

(a) the number, calculated to 3 decimal places, ascertained:
(i) if the period concerned commenced on 1 October in any year—by dividing the index number for the immediately preceding June quarter by the index number for the immediately preceding December quarter; or
(ii) if the period concerned commenced on 1 April in any year—by dividing the index number for the immediately preceding December quarter by the index number for the immediately preceding June quarter; or
(b) if the number so ascertained would, if it were calculated to 4 decimal places, end in a number greater than 4—the number so ascertained increased by 0.001.

(2) If, but for this subsection, the amount ascertained in accordance with the formula set out in paragraph (1)(c) would include a fraction of a cent: (a) where the fraction of a cent would be less than one‑half of one cent—the amount shall be reduced by that fraction of a cent; or (b) in any other case—the amount shall be increased by the amount by which the fraction of a cent is less than one cent. (3) The Minister for Resources and Energy may, by instrument signed by him, determine that a specified amount shall be the wholesale price per tonne of liquefied petroleum gas sold on or after the day on which the determination comes into force and, where such a determination is made, the amount specified in the determination is, for the purposes of this section but subject to any later determination made under this subsection, the approved wholesale price per tonne in relation to liquefied petroleum gas sold while the determination is in force. (4) In determining under subsection (3) the approved wholesale price of liquefied petroleum gas, the Minister for Resources and Energy may have regard to: (a) the official selling prices of liquefied petroleum gas adopted from time to time by the Governments of Middle East countries; (b) any freight advantage that may exist for Bass Strait liquefied petroleum gas at the time when the determination is made; and (c) the export prices being paid for Bass Strait liquefied petroleum gas as notified from time to time by the Australian Competition and Consumer Commission. (5) Sections 48, 48A, 48B, 49, 49A and 50 of the Acts Interpretation Act 1901 apply in relation to a determination made under this section as if in those sections references to regulations were references to determinations, references to a regulation were references to a determination and references to a repeal were references to a revocation. (6) Determinations made under this section shall be deemed not to be statutory rules within the meaning of the Statutory Rules Publication Act 1903, but subsections 5(3) to (3C) (inclusive) of that Act apply in relation to such determinations in like manner as they apply in relation to statutory rules. (7) For the purposes of the application of subsection 5(3B) of the Statutory Rules Publication Act 1903 in accordance with subsection (6) of this section, the reference in that first‑mentioned subsection to the Minister for Sport, Recreation and Tourism shall be read as a reference to the Minister for Resources and Energy. (9) A reference in this section to an index number, in relation to a quarter, is a reference to the index number for the fuel and light component of the All Groups Consumer Price Index number, being the weighted average of the 8 capital cities, published by the Australian Statistician in respect of that quarter. (10) Subject to subsection (11), if at any time, whether before or after the commencement of this section, the Australian Statistician has published or publishes an index number in respect of a quarter in substitution for an index number previously published by him in respect of that quarter, the publication of the later index number shall be disregarded for the purposes of this section. (11) If at any time, whether before or after the commencement of this section, the Australian Statistician has changed or changes the reference base for the consumer price index, then, for the purposes of the application of this section after the change took place or takes place, regard shall be had only to index numbers published in terms of the new reference base. (12) The Minister for Resources and Energy may, either generally or otherwise provided by the instrument of delegation, by writing signed by him, delegate to an officer of the Department of Resources and Energy all or any of his powers under this section, other than this power of delegation. (13) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Minister for Resources and Energy. (14) A delegation under subsection (12) does not prevent the exercise of a power by the Minister for Resources and Energy.