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GREATER SUNRISE UNITISATION AGREEMENT IMPLEMENTATION ACT 2004 NO. 47, 2004 - SCHEDULE 2

- Amendment of other Acts

Petroleum Resource Rent Tax Assessment Act 1987

1 Section 2

Insert:

"apportionment percentage figure" has the meaning given by subsection 2C(2).

2 Section 2

Insert:

"current apportionment percentage" has the meaning given by subsection 2C(1).

3 Section 2

Insert:

"Greater Sunrise project" means a petroleum project for the recovery of petroleum from one or more of the Greater Sunrise unit reservoirs.

4 Section 2

Insert:

"Greater Sunrise unit area "has the same meaning as in the Petroleum (Submerged Lands) Act 1967 .

5 Section 2

Insert:

"Greater Sunrise unit reservoirs" has the same meaning as in the Petroleum (Submerged Lands) Act 1967 .

6 Section 2 (definition of production licence )

Repeal the definition, substitute:

"production licence" means:

(a) a production licence for petroleum under Part III of the Petroleum (Submerged Lands) Act 1967 ; or
(b) a lawful authority or right (however described) to undertake activities in the Western Greater Sunrise area for the recovery of petroleum from one or more of the Greater Sunrise unit reservoirs.
7 Section 2 (definition of production licence area )

Repeal the definition, substitute:

"production licence area" means a licence area within the meaning of the Petroleum (Submerged Lands) Act 1967 and, in relation to a Greater Sunrise project, includes the Western Greater Sunrise area.

8 Section 2 (note at the end of the definition of transferable exploration expenditure )

Omit "Note", substitute "Note 1".

9 Section 2 (at the end of the definition of transferable exploration expenditure )

Add:

Note 2: Special rules apply in relation to the transfer of Greater Sunrise exploration expenditure: see Part 1A of the Schedule.

10 Section 2

Insert:

"Western Greater Sunrise area" has the same meaning as in the Petroleum (Submerged Lands) Act 1967 .

11 After section 2B

Insert:

2C Greater Sunrise apportionments

(1)
For the purposes of this Act, current apportionment percentage means the percentage applying from time to time under the definition of current apportionment percentage in subsection 127(3) of the Petroleum (Submerged Lands) Act 1967 .

(2)
For the purposes of this Act, apportionment percentage figure , in relation to a year of tax, means:

(a) if the current apportionment percentage did not change during the year of tax—the numerator of the fraction with a denominator of 100 that represents the current apportionment percentage that applied during that year; or
(b) if the current apportionment percentage changed during the year of tax—means the amount worked out using the following formula:

where:
days in tax year means the number of days in the year of tax.
first % figure , in relation to a year of tax in which the current apportionment percentage changed, means the numerator of the fraction with a denominator of 100 that represents the current apportionment percentage applying before the change.
prior days , in relation to a year of tax in which the current apportionment percentage changed, means the number of days in that year before the current apportionment percentage changed.
second % figure , in relation to a year of tax in which the current apportionment percentage changed, means the numerator of the fraction with a denominator of 100 that represents the current apportionment percentage applying after the change.
subsequent days , in relation to a year of tax in which the current apportionment percentage changed, means the number of days in that year from and including the day on which the current apportionment percentage changed.
12 At the end of section 22 (after the note)

Add:

Allowing for Greater Sunrise apportionments

(2)
However, if the petroleum project is a Greater Sunrise project, the person is taken for the purposes of this Act to have a taxable profit in relation to the project and the year of tax of an amount worked out using the following formula:

where:

"apportionment percentage figure "has the meaning given by subsection 2C(2).

"initial taxable profit" means the amount of taxable profit worked out under subsection (1) ignoring this subsection.

13 Subsection 23(1)

Omit "subsection (2)", substitute "subsections (2) and (3)".

14 At the end of section 23

Add:

(3)
For the purposes of this Act, assessable receipts, in relation to a Greater Sunrise project, are to be calculated as if each amount of the petroleum recovered from a Greater Sunrise unit reservoir became the property of the person who recovered that amount as soon as it was recovered.

(4)
Subsection (3) has effect despite subsection 127(2) of the Petroleum (Submerged Lands) Act 1967 .

15 At the end of section 46

Add:

Greater Sunrise closing-down credits

(2)
However, for the purposes of the operation of paragraph (1)(a) in relation to a Greater Sunrise project, the amount that is so much of the excess as does not exceed the amount of the closing-down expenditure is taken to be the amount worked out using the following formula:

where:

"apportionment percentage figure "has the meaning given by subsection 2C(2).

"initial excess" means the amount that is so much of the excess as does not exceed the amount of the closing-down expenditure under paragraph (1)(a) ignoring this subsection.

16 After Part 1 of the Schedule

Insert:

Part 1A—Special rules relating to the transfer of Greater Sunrise expenditure

4A Certain Greater Sunrise expenditure is not transferable

Despite paragraphs 7(b), 8(5)(c), 11(b), 12(4)(c) and 18(3)(e) of this Schedule and subclauses 18(1) and 18(2) of this Schedule, amounts of exploration expenditure incurred in relation to the Western Greater Sunrise area before 6 March 2003 are not transferable under section 45A, 45B or 45C.

4B Greater Sunrise transferable exploration expenditure must be adjusted

Transfers from a Greater Sunrise project

(1)
If, in relation to a year of tax, transferable exploration expenditure is transferred from a Greater Sunrise project to a petroleum project other than a Greater Sunrise project, the amount of that expenditure for the purposes of the other petroleum project is taken to be the amount worked out using the following formula:

where:

"amount transferred" means the amount transferred, in relation to the year of tax, from the Greater Sunrise project before that amount is reduced by the operation of this subclause.

"apportionment percentage figure "has the meaning given by subsection 2C(2).

Transfers to a Greater Sunrise project

(2)
If, in relation to a year of tax, transferable exploration expenditure is transferred to a Greater Sunrise project from a petroleum project other than a Greater Sunrise project, the amount of that expenditure for the purposes of the Greater Sunrise project is taken to be the amount worked out using the following formula:

where:

"amount transferred" means the amount transferred, in relation to the year of tax, from the project other than the Greater Sunrise project before that amount is increased by the operation of this subclause.

"apportionment percentage figure "has the meaning given by subsection 2C(2).

17 At the end of clause 20 of the Schedule

Add:

Note: Special rules apply in relation to the transfer of Greater Sunrise exploration expenditure: see Part 1A of this Schedule.

18 At the end of clause 29 of the Schedule

Add:

Note: Special rules apply in relation to the transfer of Greater Sunrise exploration expenditure: see Part 1A of this Schedule.

Radiocommunications Act 1992

19 At the end of paragraph 16(1)(d)

Add "or 17A".

20 After section 17

Insert:

17A Western Greater Sunrise area

(1)
Subject to subsection (2), this Act applies in relation to the Western Greater Sunrise area as if references in this Act to Australia, when used in a geographical sense, included references to the Western Greater Sunrise area.

(2)
The extended application given to this Act by subsection (1) extends only in relation to:

(a) acts, matters and things directly or indirectly connected with exploration of, or exploitation of the resources of, either or both of the Greater Sunrise unit reservoirs; and
(b) acts done by or in relation to, and matters, circumstances and things affecting, any person who is in the Western Greater Sunrise area for a reason directly or indirectly connected with such exploration or exploitation.

(3)
In this section:

"Greater Sunrise unit reservoirs" has the same meaning as in the Petroleum (Submerged Lands) Act 1967 .

"Western Greater Sunrise area" has the same meaning as in the Petroleum (Submerged Lands) Act 1967 .




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