Commonwealth of Australia Explanatory Memoranda

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PASSENGER MOVEMENT CHARGE (TIMOR SEA TREATY) AMENDMENT BILL 2003

2003



The Parliament of the Commonwealth of Australia



House of Representatives



Passenger Movement Charge (Timor Sea Treaty) Amendment Bill 2003



Explanatory Memorandum



Circulated by the Authority of the Honourable Ian Macfarlane MP
Minister for Industry, Tourism and Resources

PASSENGER MOVEMENT CHARGE (TIMOR SEA TREATY) AMENDMENT BILL 2003

OUTLINE

The Passenger Movement Charge (Timor Sea Treaty) Amendment Bill 2003 (the Bill) amends the Passenger Movement Charge Act 1978 due to changes consequent to the introduction of the Petroleum (Timor Sea Treaty) Bill 2003.

The changes to the Passenger Movement Charge Act 1978 effected by the Bill are of a purely technical nature, are minor and machinery of government in nature and will not alter existing arrangements. Most simply reflect the change of name of the area formerly referred to in Passenger Movement Charge Act 1978 as “Area A” (which is reference to the former Zone of Cooperation Area A situated in the waters between Australia and East Timor) to the “Joint Petroleum Development Area”.

This change of name is required as a result of the ratification by Australia and East Timor of the Timor Sea Treaty, which was signed by the Prime Minister on behalf of Australia on 20 May 2002 and which replaces the former Timor Gap Treaty.

The Treaty arrangements we have entered into with East Timor do not change the rights and responsibilities of companies and persons working in the Timor Gap.

Instead, it provides for a continuation of those arrangements with effect from 20 May 2002. It is therefore appropriate for this Bill to retrospectively amend the relevant legislation that date.


Financial impact statement

There will be no financial impact resulting from the amendments outlined in this Bill.

PASSENGER MOVEMENT CHARGE (TIMOR SEA TREATY) AMENDMENT BILL 2003

NOTES ON CLAUSES

Clause 1 - Short Title

1. This clause provides for the Act to be cited as the Passenger Movement Charge (Timor Sea Treaty) Amendment Act 2003.

Clause 2 - Commencement

2. This clause provides that the Act is taken to have commenced on May 20 2002, to coincide with the date of East Timor’s Independence.

Clause 3 - Schedule(s)

3. This clause specifies that each Act specified in the Schedule is amended as set out in the Schedule.

SCHEDULE 1 - AMENDMENTS

PASSENGER MOVEMENT CHARGE ACT 1978

Clause 1 - Section 3 (definition of Area A of the Zone of Cooperation)

4. The definition is repealed.

Clause 2 - Section 3 (definition of Installation in Area A)

5. The definition is repealed.

Clause 3 - Section 3

6. Inserts a definition of “installation in the Joint Petroleum Development Area”.

Clause 4 - Section 3

7. Inserts a definition of “Joint Petroleum Development Area”.

Clause 5 - Paragraph 4(1)(c)

8. Substitutes “the Joint Petroleum Development Area” for “Area A”, which is omitted.

Clause 6 - Paragraph 4(2)(a)

9. Substitutes “the Joint Petroleum Development Area” for “Area A”, which is omitted.

Clause 7 - Paragraph 4(2)(b)

10. Substitutes “the Joint Petroleum Development Area” for “Area A”, which is omitted.

Clause 8 - Subsection 4(3)

11. Substitutes “the Joint Petroleum Development Area” for “Area A”, which is omitted wherever it occurs in this Subsection.

Clause 9 - Subsection 4(4)

12. Substitutes “the Joint Petroleum Development Area” for “Area A”, which is omitted wherever it occurs in this Subsection.

Clause 10 - Paragraph 5(b)

13. Substitutes “the Joint Petroleum Development Area” for “Area A”, which is omitted.

 


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