Commonwealth Consolidated Acts Commonwealth Consolidated ActsScope
(1) This section applies in relation to annual titles administration levy imposed by the Regulatory Levies Act for a year on any of the following permits, leases or licences (each of which is a title ):
(a) a work - bid petroleum exploration permit;
(aa) a cash - bid petroleum exploration permit;
(b) a special petroleum exploration permit;
(ba) a boundary - change petroleum exploration permit;
(c) a petroleum retention lease;
(d) a petroleum production licence;
(e) an infrastructure licence;
(f) a pipeline licence;
(g) a work - bid greenhouse gas assessment permit;
(ga) a cross - boundary greenhouse gas assessment permit;
(h) a greenhouse gas holding lease;
(i) a greenhouse gas injection licence.
When annual titles administration levy becomes due and payable
(2) Annual titles administration levy is due and payable at the end of 30 days after the first day of the year for which the levy is imposed.
Remittal or refund
(3) The regulations may make provision for the remittal or refund of part (or all) of an amount of annual titles administration levy imposed on the title for a year if the title wholly or partly ceases (or will cease) to be in force before the end of the year.
Example: A petroleum exploration permit has been granted for a period of 6 years ending on 31 March 2015. The permit is extended under section 265 for a period of 6 months ending on 30 September 2015, after which it ceases to be in force. Annual titles administration levy is imposed under the Regulatory Levies Act for the year beginning on 1 April 2015.
Because the permit ceases to be in force before the end of the year beginning on 1 April 2015, the regulations may make provision for the remittal or refund of part (or all) of the amount of the levy imposed for that year.
(3A) Regulations made for the purposes of subsection (3) may provide for different amounts to be remitted or refunded depending on matters including the following:
(a) when the title ceases (or will cease) to be in force;
(b) the kind of title on which levy is imposed;
(c) in the case of a title that partly ceases (or will cease) to be in force--the number of blocks, or the length of pipeline, as to which the title ceases (or will cease) to be in force.
Example: For paragraph (c), a title partly ceases to be in force if it is surrendered as to a certain number of blocks or a certain length of pipeline under section 271.
Late payment penalty
(4) If annual titles administration levy payable by a person under the Regulatory Levies Act remains wholly or partly unpaid after it becomes due and payable, the person is liable to pay a late payment penalty under this section.
(5) The late payment penalty is calculated at the rate of 0.333333% per day on the amount of the annual titles administration levy remaining unpaid.
(6) The Titles Administrator may remit the whole or a part of an amount of late payment penalty if the Titles Administrator considers that there are good reasons for doing so.
Recovery of annual titles administration levy and late payment penalty
(7) Each amount of annual titles administration levy, and each amount of late payment penalty payable in respect of titles administration levy:
(a) is a debt due to the Titles Administrator on behalf of the Commonwealth; and
(b) is recoverable by the Titles Administrator, on behalf of the Commonwealth, in:
(i) the Federal Court; or
(ii) the Federal Circuit and Family Court of Australia (Division 2); or
(iii) a court of a State or Territory that has jurisdiction in relation to the matter.