6Exemption from Excise duty

#### 6 Exemption from Excise duty (1) Where: (a) a State and the person or persons who produce market petroleum from a production unit have entered into a relevant resource rent royalty agreement providing for a royalty in respect of market petroleum produced from that unit on or after 1 July in a year after 1984 specified in the agreement; and (b) the Commonwealth and the State have entered into a relevant revenue‑sharing agreement in respect of royalty payable under that relevant resource rent royalty agreement; the Minister shall give the Minister administering the Excise Tariff Act 1921 (in this section referred to as the “Excise Minister”) a certificate in writing stating that it is appropriate that prescribed petroleum produced from that production source on or after that 1 July should be exempt from duties of Excise. (2) Where the Minister gives the Excise Minister a certificate under subsection (1) in respect of a production source, the Excise Minister shall, by notice in writing published in the Gazette, declare that prescribed petroleum produced from that source, other than: (a) prescribed petroleum produced before the 1 July specified in the certificate; or (b) prescribed petroleum produced after the revocation of the declaration under this subsection in respect of that source; is exempt from duties of Excise, and, where the Excise Minister publishes that notice, that declaration has effect accordingly. (3) Where: (a) a declaration under subsection (2) in respect of a production source is in force; and (b) either the relevant resource rent royalty agreement or the relevant revenue‑sharing agreement because of which that declaration has been made ceases to be in force; the Minister shall give the Excise Minister a certificate stating that the declaration should be revoked. (4) Where the Minister gives the Excise Minister a certificate under subsection (3) in respect of a declaration, the Excise Minister shall, by notice in writing published in the Gazette, revoke that declaration.