Tasmanian Consolidated Acts

LIQUEFIED PETROLEUM GAS (SUBSIDY) ACT 1980 - SECT 3

      (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires –

"authorized officer" means a person appointed under section 6;

"Commonwealth Act" means the Liquefied Petroleum Gas (Grants) Act 1980 of the Commonwealth as amended and in force for the time being;

"Commonwealth Minister" means the Minister of State of the Commonwealth for the time being administering the Commonwealth Act;

"eligible gas" means –

(a) liquefied petroleum gas; or

(b) eligible reticulation gas;

"eligible reticulation gas" means gas supplied to premises by means of pipes, being gas the production of which involves the use of liquefied petroleum gas or naphtha;

"eligible use", in relation to liquefied petroleum gas or eligible reticulation gas, means –

(a) the use of the gas at residential premises in preparing and cooking food and drink for, in providing heating, air-conditioning, hot water, or similar amenities for, or in meeting other domestic requirements of, residents of the premises;

(b) the use of the gas at a hospital, nursing home, or other institution providing medical or nursing care, not being an institution conducted for the profit, direct or indirect, of a person;

(c) the use of the gas at a school, not being a school conducted for the profit, direct or indirect, of an individual or individuals; or

(d) any other use of the gas outside a natural gas area, not being –

(i) use in a prescribed industry; or

(ii) use in the propulsion of a vehicle other than a works truck;

"industry" means a primary, secondary, or tertiary industry, and includes a field of governmental activity, of public or community services (including health and educational services), or of entertainment, sport, or recreation;

"natural gas area" means a part of Australia that is, by virtue of a declaration in force under section 3A (1) of the Commonwealth Act, a natural gas area for the purposes of that Act;

"prescribed industry" means an industry that is, by virtue of a declaration in force under section 3B (1) of the Commonwealth Act, a prescribed industry for the purposes of that Act;

"records" includes accounts, books, minutes, registers, deeds, writings, or documents compiled, recorded, or stored in written form or on microfilm, or by electronic process, or in any other manner or by any other means;

"registered distributor" means –

(a) a registered distributor of liquefied petroleum gas; or

(b) a registered distributor of eligible reticulation gas;

"registered distributor of eligible reticulation gas" means a distributor of eligible reticulation gas who is registered as such a distributor in accordance with the scheme;

"registered distributor of liquefied petroleum gas" means a distributor of liquefied petroleum gas who is registered as such a distributor in accordance with the scheme;

"residential premises" means –

(a) premises used as a house; or

(b) other premises at which at least one person resides –

but does not include –

(c) premises used to conduct the business of a hotel, motel, or boarding-house, or a similar business;

(d) premises used as a hospital, nursing home, or other institution providing medical or nursing care;

(e) premises used as a boarding-school; or

(f) premises referred to in paragraph (b) that are included in a class of premises declared by the Commonwealth Minister, by notice published in the Commonwealth of Australia Gazette, to be a class of premises that are not residential premises for the purposes of the Commonwealth Act;

"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 Commonwealth Act;

"use", in relation to liquefied petroleum gas or eligible reticulation gas, does not include sale or exchange;

"works truck" means –

(a) a fork-lift truck; or

(b) any other vehicle designed for use at a factory, warehouse, dock, airport, or similar place in transporting goods over short distances or in otherwise handling goods.

      (2) A reference in this Act to liquefied petroleum gas sold for eligible use includes a reference to liquefied petroleum gas that, by virtue of a provision of the scheme, is deemed to have been sold for eligible use.

      (2A) A reference in this Act to liquefied petroleum gas sold for eligible use shall be read as not including a reference to any liquefied petroleum gas that, by virtue of a determination under a provision of the scheme, is deemed to have been sold otherwise than for eligible use.

      (2B) A reference in this Act to eligible reticulation gas sold for eligible use shall be read as not including a reference to any eligible reticulation gas that, by virtue of a determination under a provision of the scheme, is deemed to have been sold otherwise than for eligible use.

      (3) A reference in this Act to an Act of another State includes a reference to a law of the Northern Territory.