Commonwealth Consolidated Acts Commonwealth Consolidated ActsNote: See section 17.
In this Schedule:
"eligible instrument" means a determination, a direction, an approval, an agreement or any other instrument.
2 Pre - commencement royalty periods
(1) Despite the repeal of the Petroleum (Submerged Lands) (Royalty) Act 1967 , that Act continues to apply, in relation to royalty for a royalty period that began before the commencement of this clause, as if that repeal had not happened.
(2) Despite the repeal of section 42 of the Petroleum (Submerged Lands) Act 1967 , that section continues to apply, in relation to royalty for a royalty period that began before the commencement of this clause, as if that repeal had not happened.
(3) The definitions of royalty and royalty period in section 4 of this Act do not apply to this clause.
3 Transitional--eligible instruments
(1) This clause applies to an eligible instrument if:
(a) the eligible instrument was in force immediately before the commencement of this clause; and
(b) either:
(i) the eligible instrument was made or given under, or for the purposes of, a particular provision of the Petroleum (Submerged Lands) (Royalty) Act 1967 ; or
(ii) the eligible instrument was made or given under, or for the purposes of, section 42 of the Petroleum (Submerged Lands) Act 1967 .
(2) The eligible instrument has effect, after the commencement of this clause, as if:
(a) it had been made or given under, or for the purposes of, the corresponding provision of this Act; and
(b) any requirement imposed by this Act in relation to the making or giving of the eligible instrument (including a requirement about the form of words) had been satisfied.
(3) Subclause ( 2) does not prevent the eligible instrument continuing to have effect for the purposes of:
(a) a particular provision of the Petroleum (Submerged Lands) (Royalty) Act 1967 as that Act continues to apply after its repeal because of clause 2 of this Schedule; or
(b) section 42 of the Petroleum (Submerged Lands) Act 1967 as that section continues to apply after its repeal because of clause 2 of this Schedule.
(4) For the purposes of this clause, in determining whether a provision is a corresponding provision:
(a) regard must be had to the substance of the provision; and
(b) if the provision appears to have expressed the same idea in a different form of words for the purpose of using a clearer style--disregard the difference.
4 Transitional--royalty at the prescribed rate
Subsections 6(6), 7(2) and 8(2) of this Act have effect as if:
(a) each reference in those subsections to royalty included a reference to royalty payable under the repealed Petroleum (Submerged Lands) (Royalty) Act 1967 ; and
(b) each reference in those subsections to this Act included a reference to the repealed Petroleum (Submerged Lands) (Royalty) Act 1967 .
5 Transitional--rate of royalty
(1) Subsection 6(1) of this Act has effect as if the reference in item 2 of the table in that subsection to subsection ( 2) of that section included a reference to section 42 of the repealed Petroleum (Submerged Lands) Act 1967 .
(2) Subsection 6(1) of this Act has effect as if:
(a) the reference in item 4 of the table in that subsection to section 182 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 included a reference to subsection 51(1) of the repealed Petroleum (Submerged Lands) Act 1967 ; and
(b) the reference in item 4 of the table in that subsection to the initial petroleum production licence (within the meaning of section 182 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 ) included a reference to the original licence as defined by subsection 51(1) of the repealed Petroleum (Submerged Lands) Act 1967 .
6 Re - enactment of the Petroleum (Submerged Lands) (Royalty) Act 1967
This Act re - enacts the Petroleum (Submerged Lands) (Royalty) Act 1967 with certain modifications.
Note: Section 15AC of the Acts Interpretation Act 1901 provides that if an Act has expressed an idea in a particular form of words, and a later Act appears to have expressed the same idea in a different form of words for the purpose of using a clearer style, the ideas shall not be taken to be different merely because different forms of words were used.