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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Offshore Minerals (Registration Fees)
Bill 2001
CONTENTS
1. Short title 1
2. Commencement 2
3. Definitions 2
4. Imposition of registration fees 2
5. Value of exploration works to be deducted 3
6. Document giving effect to agreement 3
7. Transactions between related corporations 4
8. Regulations 4
page i
36 -1
Western Australia
LEGISLATIVE ASSEMBLY
Offshore Minerals (Registration Fees)
Bill 2001
A Bill for
An Act to provide for the payment of fees for the lodgment for
registration of certain documents under the Offshore Minerals
Act 2001.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Offshore Minerals (Registration
Fees) Act 2001.
page 1
Offshore Minerals (Registration Fees) Bill 2001
s. 2
2. Commencement
This Act comes into operation on the day on which the Offshore
Minerals Act 2001 comes into operation.
3. Definitions
5 (1) In this Act, unless the contrary intention appears --
"document" means a document lodged for registration under
section 338 or 339 of the Offshore Minerals Act 2001.
(2) Expressions used in this Act that are used in the Offshore
Minerals Act 2001 have, unless the contrary intention appears,
10 the same meanings as they have in that Act.
4. Imposition of registration fees
(1) There is payable to the Minister, for the lodgment for
registration of a document under section 338 or 339 of the
Offshore Minerals Act 2001, a fee equal to the prescribed
15 percentage of --
(a) the value of the consideration for the document; or
(b) the value of the licence, share or interest transferred or
otherwise dealt with by the document,
whichever is the greater.
20 (2) The percentage prescribed for the purposes of subsection (1) is
not to exceed 10%.
(3) Where the amount of the fee under subsection (1) for the
lodgment of a document is less than the prescribed minimum
amount, the amount of the fee for the lodgment of that
25 document is that minimum amount.
(4) The amount prescribed for the purposes of subsection (3) is not
to exceed $2 000.
page 2
Offshore Minerals (Registration Fees) Bill 2001
s. 5
5. Value of exploration works to be deducted
(1) For the purpose of calculating the fee payable under section 4
for the lodgment of a document that relates to an exploration
licence, the value, as determined by the Minister, of any
5 exploration works is to be deducted from the value referred to in
section 4 that applies to the document.
(2) In subsection (1) --
"exploration works" means exploration works that are
approved by the Minister and are to be carried out under
10 the exploration licence.
6. Document giving effect to agreement
(1) Where --
(a) a document was executed for the purpose of giving
effect to an agreement; and
15 (b) a party to the transfer or other dealing effected by the
document holds a certificate under subsection (2) in
respect of the agreement to which the document relates,
no fee is payable under section 4 for the lodgment for
registration of the document, but there is payable instead a fee
20 of an amount prescribed for the purposes of this subsection.
(2) The Minister may, on application in writing, grant a certificate
that the Minister is satisfied that an agreement was not, or is not
proposed to be, entered into for the purpose of avoiding or
reducing the fees that would, but for the certificate, be payable
25 under section 4 for the lodgment of a document that is proposed
to be lodged for registration.
(3) The amount prescribed for the purposes of subsection (1) is not
to exceed $20 000.
page 3
Offshore Minerals (Registration Fees) Bill 2001
s. 7
7. Transactions between related corporations
(1) Where --
(a) 2 or more parties to a transfer or dealing to which a
document relates are related corporations; and
5 (b) any of those parties holds a certificate under
subsection (2) in respect of the document,
no fee is payable under section 4 for the lodgment for
registration of the document, but there is payable instead a fee
of an amount prescribed for the purposes of this subsection.
10 (2) The Minister may, on application in writing, grant a certificate
that the Minister is satisfied that a document --
(a) was, or is proposed to be, entered into solely for the
purpose of the reorganisation or better administration of
related corporations or any of them; and
15 (b) was not entered into, or is not proposed to be entered
into, substantially for the purpose of avoiding or
reducing the fees that would, but for the certificate, be
payable under section 4 for the lodgment for registration
of the document.
20 (3) The amount prescribed for the purposes of subsection (1) is not
to exceed $20 000.
(4) In this section --
"related corporation" means a related body corporate within
the meaning of the Corporations Act 2001 of the
25 Commonwealth.
8. Regulations
The Governor may make regulations prescribing matters --
(a) required or permitted by this Act to be prescribed; or
page 4
Offshore Minerals (Registration Fees) Bill 2001
s. 8
(b) necessary or convenient to be prescribed for giving
effect to this Act.
page 5
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