Version incorporating amendments as at
31 July 2019
table of provisions
Section Page
1 Short title 1
2 Commencement 1
3 Definitions 1
4 Calculation of subsidy 3
5 Advances on account of subsidy 3
6 Authorized officers 3
7 Claims for payments 3
8 Certificates 3
9 Payments 4
10 Over-payments 4
11 Preservation of accounts etc. 5
12 Stocktaking and inspection of accounts etc. 5
13 Power to require person to answer questions and produce documents 6
14 Power to examine on oath or by affirmation 7
15 Offences 7
16 Delegation 8
17 Regulations 9
Endnotes 10
1 General information 10
2 Table of Amendments 12
3 Amendments Not in Operation 13
4 Explanatory details 14
Version No.014
Petroleum Products Subsidy Act 1965
No. 7293 of 1965
Version incorporating amendments as at
31 July 2019
An Act to subsidize the Distribution of certain Petroleum Products in certain Country Areas.
BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
1 Short title
This Act may be cited as the Petroleum Products Subsidy Act 1965.
2 Commencement
This Act shall be deemed to have come into operation on the first day of September One thousand nine hundred and sixty-five.
3 Definitions
(1) In this Act, unless the contrary intention appears—
authorized officer means a person appointed to be an authorized officer under section six of this Act;
eligible petroleum product means motor spirit, power kerosene, automotive distillate, aviation gasoline or aviation turbine fuel;
S. 3(1) def. of registered distributor of eligible petroleum products substituted by No. 9140 s. 2(a).
registered distributor of eligible petroleum products means a distributor of eligible petroleum products who is registered in accordance with the scheme;
Commonwealth means the Commonwealth of Australia;
S. 3(1) def. of Common-wealth Minister substituted by No. 9140 s. 2(b).
Commonwealth Minister means the Minister of State of the Commonwealth for the time being administering the States Grants (Petroleum Products) Act 1965 of the Commonwealth;
S. 3(1) def. of Minister repealed by No. 46/1998 s. 7(Sch. 1).
S. 3(1) def. of scheme substituted by No. 9140 s. 2(c).
scheme means the scheme, as in force from time to time, formulated by the Commonwealth Minister in relation to the State for the purposes of the States Grants (Petroleum Products) Act 1965 of the Commonwealth;
State means the State of Victoria.
S. 3(2) amended by No. 9140 s. 2(d).
(2) Where in accordance with the scheme it is directed that any goods are or are not to be treated for the purposes of the scheme as motor spirit, power kerosene, automotive distillate, aviation gasoline, or aviation turbine fuel, those goods shall or shall not, as the case may be, be so treated for the purposes of this Act.
4 Calculation of subsidy
There are payable, in accordance with this Act, to registered distributors of eligible petroleum products, amounts calculated in accordance with the scheme.
5 Advances on account of subsidy
The Minister may authorize an advance on account of a payment under this Act to be made in accordance with the scheme to a registered distributor of eligible petroleum products on such terms and conditions (including conditions with respect to the giving to purchasers of those products from the distributor of the benefit of the amount of the advance) as the Minister thinks fit.
6 Authorized officers
(1) The Minister may appoint persons to be authorized officers for the purposes of this Act.
(2) A person may be appointed to be such an authorized officer notwithstanding that he is an officer of the Commonwealth.
7 Claims for payments
A claim by a registered distributor of eligible petroleum products for a payment under this Act shall be made to an authorized officer and in accordance with the regulations made under this Act.
8 Certificates
(1) An authorized officer shall examine each claim for a payment under this Act made to him and shall, if he is satisfied that an amount is payable to the claimant, give a certificate in writing to that effect.
(2) An authorized officer who is examining a claim for a payment under this Act may give a certificate in writing that a sale or use of a specified quantity of an eligible petroleum product by a specified person took place at a specified date and place.
(3) Where an authorized officer is satisfied that an amount paid to a person under this Act (including an amount paid by way of an advance) was not payable to the person or exceeded the amount that was payable to the person, he may give a certificate in writing that the amount paid or the amount of the excess, as the case may be, is repayable by the person to the State.
(4) The Auditor-General of the State shall treat a certificate under this section as correct in all respects.
(5) For the purposes of this Act, a document purporting to be a certificate referred to in this section shall, unless the contrary is proved, be deemed to be such a certificate and to have been duly given.
9 Payments
Where a certificate is given under subsection (1) of the last preceding section, the Minister shall authorize an amount equal to the amount specified in the certificate to be paid to the person in respect of whom the certificate was given.
10 Over-payments
Where an authorized officer gives a certificate under subsection (3) of section eight of this Act that an amount is repayable by a person to the State, the person is liable to repay that amount to the State and the State may recover the amount in a court of competent jurisdiction as a debt due to the State.
11 Preservation of accounts etc.
(1) A person who receives a payment under this Act in respect of the sale or use of any eligible petroleum products shall preserve the accounts, books and documents relating to that sale or use until the expiration of twelve months after the date of making of the claim in respect of which the payment was made.
(2) A person who fails to comply with the requirements of subsection (1) of this section shall be guilty of an offence against this Act and shall be liable to a penalty of not more than $200[1].
12 Stocktaking and inspection of accounts etc.
(1) For the purposes of this Act or an Act of another State relating to subsidy for eligible petroleum products an authorized officer may, at all reasonable times, enter any premises of a registered distributor of eligible petroleum products (whether registered under the scheme or the scheme in relation to another State) or any vehicle used by such distributor for the carriage of any products and may—
(a) inspect and take stock of any such products;
(b) take samples of any such products; and
(c) inspect the accounts, books and documents relating to the sale use and purchase of any such products.
(2) The occupier of any premises or person in charge of any vehicle referred to in the last preceding subsection shall provide the authorized officer with all reasonable facilities and assistance for the effective exercise of his powers under this section.
(3) Any person who obstructs molests or hinders an authorized officer in the exercise of his powers under this section shall be guilty of an offence against this Act and liable to a penalty of not more than $100[2].
13 Power to require person to answer questions and produce documents
(1) An authorized officer may, by notice in writing, require a person whom he believes to be capable of giving information relevant to a claim for a payment under this Act or an Act of another State relating to subsidy for eligible petroleum products to attend before him at a time and place specified in the notice and there to answer questions and to produce to him such accounts, books and documents in relation to the claim as are referred to in the notice.
(2) The authorized officer may make copies of, or take extracts from, any accounts, books or documents produced in pursuance of this section and may retain those copies or extracts.
(3) A person is not excused from answering a question or producing any accounts, books or documents when required to do so under this section on the ground that the answer to the question or the production of the accounts, books or documents might tend to incriminate him or make him liable to a penalty, but his answer to any such question is not admissible in evidence against him in proceedings other than proceedings for an offence against paragraph (c) of subsection (1) or paragraph (c) of subsection (2) of section fifteen of this Act.
S. 14 (Heading) inserted by No. 6/2018 s. 68(Sch. 2 item 94.1).
14 Power to examine on oath or by affirmation
S. 14(1) amended by No. 6/2018 s. 68(Sch. 2 item 94.2).
(1) An authorized officer may administer an oath or affirmation to a person required to attend before him in pursuance of the last preceding section and may examine that person on oath.
S. 14(2)(3) repealed by No. 6/2018 s. 68(Sch. 2 item 94.3).
15 Offences
(1) A person who refuses or fails—
(a) to attend before an authorized officer;
(b) to be sworn or make an affirmation; or
(c) to answer a question or produce an account, book or document—
when so required in pursuance of this Act shall be guilty of an offence against this Act and liable to a penalty of not more than $100[3].
(2) A person who—
(a) obtains a payment under this Act that, to the knowledge of the person, is not payable;
(b) obtains a payment under this Act by means of a statement that, to the knowledge of the person, is false or misleading in a material particular; or
(c) presents to an authorized officer or other person doing duty in relation to this Act or an Act of another State relating to subsidy for eligible petroleum products a claim, account, book or document, or makes to such an officer or person a statement, that, to the knowledge of the person, is false or misleading in a material particular—
shall be guilty of an offence against this Act and shall be liable to a penalty of not more than $1000 or to imprisonment for a term not exceeding twelve months[4].
(3) For the purposes of the last preceding subsection, a matter shall be deemed to be within the knowledge of a person being a body corporate if the matter is within the knowledge of a director or officer of the body corporate.
(4) Where a person is convicted of an offence against subsection (2) of this section, the court may, in addition to imposing a penalty under that subsection, order the person to refund to the State the amount of any payment under this Act wrongfully obtained.
S. 15(5) amended by No. 33/2018 s. 95.
(5) Where a court has made an order under the last preceding subsection, a certificate signed by the appropriate officer of the court specifying the amount ordered to be refunded and the person by whom the amount is payable may be filed in a court having civil jurisdiction to the extent of that amount and is thereupon enforceable in all respects as a final judgment of that court.
16 Delegation
(1) The Minister may, either generally or otherwise as provided in the instrument of delegation, by writing under his hand delegate all or any of his powers under this Act (except this power of delegation).
(2) A power so delegated may be exercised by the delegate in accordance with the instrument of delegation.
(3) A delegation under this section is revocable at will and does not prevent the exercise of a power by the Minister.
17 Regulations
The Governor in Council of the State may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for or with respect to—
(a) the manner in which claims for payments under this Act shall be made;
(b) the information to be furnished by claimants in connexion with claims for payments under this Act; and
(c) penalties not exceeding $100 for offences against the regulations[5].
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Petroleum Products Subsidy Act 1965 was assented to on 21 September 1965 and came into operation on 1 September 1965: section 2.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Petroleum Products Subsidy Act 1965 by Acts and subordinate instruments.