Queensland Subordinate Legislation as Made Queensland Subordinate Legislation as MadeSection 30—
omit, insert—
'The royalty payable by a person under the Act for a return period that is 1 year is payable on the day the royalty return must be lodged for the return period.
'(1) Subject to subsection (3), the royalty payable by a person under the Act for a return period that is a quarterly return period is payable as follows—
(a) instalment 1 is payable on or before the last business day of the second month of the return period;
(b) instalment 2 is payable on or before the last business day of the third month of the return period;
(c) instalment 3 is payable on the day a royalty return must be lodged for the return period.
'(2) A person must lodge an approved form for a payment under subsection (1) when the payment is made.
'(3) If the Minister considers it appropriate to do so, the Minister may by written notice (a quarterly payment notice) allow a person to pay the royalty payable by the person under the Act for a quarterly return period on the day the royalty return must be lodged for the return period.
'(4) A quarterly payment notice given to a person must state the period for which the notice applies.
'(5) If the Minister considers it appropriate to do so, the Minister may, by written notice, withdraw a quarterly payment notice.
'(6) A withdrawal under subsection (5) takes effect from the start of the next return period after the return period in which the notice of the withdrawal is given ends.
'(7) In this section—
instalment 1, for a return period, means—
(a) the amount payable by the person for the first month of the return period worked out under section 30B(2); or
(b) if an election under section 30C(3) applies for the first month of the return period—the amount payable by the person for the first month of the return period worked out under section 30C(5).
instalment 2, for a return period, means—
(a) the amount payable by the person for the second month of the return period worked out under section 30B(3); or
(b) if an election under section 30C(3) applies for the second month of the return period—the amount payable by the person for the second month of the return period worked out under section 30C(6).
instalment 3, for a return period, means—
(a) if the sum of instalment 1 and instalment 2 for the return period is less than the royalty payable by the person under the Act for the return period—the amount that is the total amount of royalty payable by the person under the Act for the return period less that sum; or
(b) otherwise—zero.
Note—
Section 45 provides for a refund if the amount of royalty paid for a return period is more than the amount of royalty payable assessed by the chief executive under section 44.
quarterly return period means a return period that is a quarter.
'(1) This section prescribes, for section 30A(1), the amounts payable by a person for each month of a return period.
Note—
Section 30C allows a person to make an election to change the amount payable for the first or second month of a return period if the person reasonably believes the royalty payable by the person under the Act for the return period will be less than the royalty payable by the person under the Act for the previous return period.
'(2) The amount payable by the person for the first month of the return period is an amount that is a third of the total amount of the royalty payable by the person under the Act for the previous return period.
'(3) The amount payable by the person for the second month of the return period is an amount that is a third of the total amount of the royalty payable by the person under the Act for the previous return period.
'(4) For subsections (2) and (3), the royalty payable by the person under the Act for the previous return period is the royalty payable by the person under the Act for the previous return period—
(a) taking into account any determination under section 330 of the Act, and any reassessment under section 331 of the Act, for the royalty made before the earlier of the following happens—
(i) the amount for the first month of the return period is paid;
(ii) the amount for the first month of the return period becomes payable; and
(b) disregarding any determination under section 330 of the Act, and any reassessment under section 331 of the Act, for the royalty made when or after the earlier of the following happens—
(i) the amount for the first month of the return period is paid;
(ii) the amount for the first month of the return period becomes payable.
Example—
The royalty paid for the previous return period was $90000. A reassessment for the previous return period was made by the Minister under section 331 of the Act to increase the royalty payable for the previous return period to $120000. The reassessment was made before the amount payable for the first month of the return period is paid or becomes payable (whichever is the earlier). Accordingly, the amount payable under this section for the first month and second month of the return period is $40000 (being a third of $120000).
'(5) If the person has not lodged a royalty return for the previous return period as required under the Act—
(a) the Minister—
(i) may estimate the amount of royalty payable by the person under the Act for the previous return period for working out the amounts payable under subsections (2) and (3); and
(ii) must give the person a written notice stating the estimated amount; and
(b) for subsections (2) and (3), the royalty payable by the person under the Act for the previous return period is the estimated amount.
'(6) If the previous return period was not a quarter—
(a) the Minister—
(i) may adjust the amount of royalty payable by the person under the Act for the previous return period to estimate an amount representative of the royalty that would have been payable if the previous return period were a quarter; and
(ii) must give the person a written notice stating the estimated amount; and
(b) for subsections (2) and (3), the royalty payable by the person under the Act for the previous return period is the estimated amount.
'(7) In estimating an amount for subsection (5) or (6), the Minister may have regard to—
(a) any other royalty returns lodged by the person; and
(b) the size of the operation for which the royalty is payable; and
(c) any other relevant matter.
'(8) In this section—
previous return period, for a return period, means the return period immediately preceding that return period.
'(1) This section applies if—
(a) at the relevant time, a person reasonably believes the amount of royalty payable by the person under the Act for a return period that is a quarterly return period (the current return period) will be less than the royalty payable by the person under the Act for the return period ending immediately before the start of the current return period (the previous return period); and
(b) the Minister has not given the person a written notice stating that the amounts payable by the person for the return period must be worked out under section 30B.
'(2) For subsection (1), the royalty payable by the person under the Act for the previous return period is the amount that, under section 30B(4), (5)(b) or (6)(b), is the royalty payable by the person under the Act for the previous return period for section 30B(2) and (3).
'(3) The person may elect to change the amount payable for the first month or the second month of the current return period.
'(4) The election must—
(a) be lodged in the approved form; and
(b) state the amount of royalty the person reasonably believes will be payable by the person under the Act for the current return period; and
(c) be lodged on or before the following day unless the Minister has, by giving written notice to the person, approved another day for making the election—
(i) for an election for the first month of the current return period—the last business day of the second month of the return period;
(ii) for an election for the second month of the current return period—the last business day of the third month of the return period.
'(5) If the person makes an election under subsection (3) for the first month of the current return period, the amount payable for that month is a third of the amount mentioned in subsection (4)(b) for the election.
'(6) If the person makes an election under subsection (3) for the second month of the current return period, the amount payable for that month is a third of the amount mentioned in subsection (4)(b) for the election.
'(7) The Minister may give a notice mentioned in subsection (1)(b) if—
(a) the person has made an election under this section for a month in a return period; and
(b) the Minister considers that the person did not have a reasonable basis for forming the belief mentioned in subsection (1)(a) for the election.
'(8) In this section—
quarterly return period means a return period that is a quarter.
relevant time, for an election for the first month or the second month of a return period, means when the amount payable for the month becomes payable under section 30A.'.