QLDIn ForceAct
Mineral Resources Act 1989
sec.822Application of ch 11, pt 3, divs 2 and 3 for royalty payable for period occurring before 1 July 2014
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### sec.822 Application of ch 11, pt 3, divs 2 and 3 for royalty payable for period occurring before 1 July 2014
Chapter 11, part 3, divisions 2 and 3, as in force on and from 1 July 2014, applies in relation to a royalty-related amount payable by a person for a period even if—
the period started before 1 July 2014; and
a person is liable to pay a royalty penalty amount because of a particular act or omission mentioned in section 331F, and that occurred before 1 July 2014.
The Minister may make an assessment, reassessment or default assessment of a royalty-related amount payable by a person for a period under chapter 11, part 3, division 2 as in force on and from 1 July 2014, even if the period started before 1 July 2014.
For applying subsection (1) to royalty payable for a period occurring before 1 July 2014, an assessment or reassessment of royalty for the period that was made under the Act as in force before 1 July 2014 is taken to be an original assessment or reassessment, as the case may be, for chapter 11, part 3.
Subsection (4) applies if—
the royalty paid by a person for a period that ended before 1 July 2014 is less than the royalty payable by the person for the period (a royalty shortfall ); and
before 31 December 2014, the person gives the Minister notice, in the approved form, of the royalty shortfall, including the amount of the royalty shortfall; and
before the person gives the Minister the notice, the Minister has not already notified the person of the royalty shortfall; and
after the commencement, the Minister makes a default assessment or reassessment of the royalty payable by the person for the period.
The person is not, under section 331E, liable for a royalty penalty amount in relation to the royalty shortfall under the default assessment or reassessment.
Subsection (2), as amended by the Revenue Legislation Amendment Act 2018 , is taken to have applied from 1 July 2014.
For the validity of assessments and reassessments of royalty made before 1 July 2014, see also section 844.
s 822 ins 2014 No. 35 s 36
amd 2018 No. 12 s 21
(sec.822-ssec.1) Chapter 11, part 3, divisions 2 and 3, as in force on and from 1 July 2014, applies in relation to a royalty-related amount payable by a person for a period even if— the period started before 1 July 2014; and a person is liable to pay a royalty penalty amount because of a particular act or omission mentioned in section 331F, and that occurred before 1 July 2014. The Minister may make an assessment, reassessment or default assessment of a royalty-related amount payable by a person for a period under chapter 11, part 3, division 2 as in force on and from 1 July 2014, even if the period started before 1 July 2014.
(sec.822-ssec.2) For applying subsection (1) to royalty payable for a period occurring before 1 July 2014, an assessment or reassessment of royalty for the period that was made under the Act as in force before 1 July 2014 is taken to be an original assessment or reassessment, as the case may be, for chapter 11, part 3.
(sec.822-ssec.3) Subsection (4) applies if— the royalty paid by a person for a period that ended before 1 July 2014 is less than the royalty payable by the person for the period (a royalty shortfall ); and before 31 December 2014, the person gives the Minister notice, in the approved form, of the royalty shortfall, including the amount of the royalty shortfall; and before the person gives the Minister the notice, the Minister has not already notified the person of the royalty shortfall; and after the commencement, the Minister makes a default assessment or reassessment of the royalty payable by the person for the period.
(sec.822-ssec.4) The person is not, under section 331E, liable for a royalty penalty amount in relation to the royalty shortfall under the default assessment or reassessment.
(sec.822-ssec.5) Subsection (2), as amended by the Revenue Legislation Amendment Act 2018 , is taken to have applied from 1 July 2014. For the validity of assessments and reassessments of royalty made before 1 July 2014, see also section 844.
- (a) the period started before 1 July 2014; and
- (b) a person is liable to pay a royalty penalty amount because of a particular act or omission mentioned in section 331F, and that occurred before 1 July 2014.
- (a) the royalty paid by a person for a period that ended before 1 July 2014 is less than the royalty payable by the person for the period (a royalty shortfall ); and
- (b) before 31 December 2014, the person gives the Minister notice, in the approved form, of the royalty shortfall, including the amount of the royalty shortfall; and
- (c) before the person gives the Minister the notice, the Minister has not already notified the person of the royalty shortfall; and
- (d) after the commencement, the Minister makes a default assessment or reassessment of the royalty payable by the person for the period.