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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000-2001
The
Parliament of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Fuel
Legislation Amendment (Grant and Rebate Schemes) Bill
2001
No. ,
2001
(Treasury)
A Bill
for an Act to amend the law relating to certain fuel grant and rebate schemes,
and for related purposes
Contents
Part 1—Amendments to extend the operation of particular grant
and rebate schemes 3
Customs Act
1901 3
Diesel and Alternative Fuels Grants Scheme Act
1999 3
Excise Act
1901 3
Part 2—Additional amendments of the Diesel and Alternative Fuels
Grants Scheme 4
Diesel and Alternative Fuels Grants Scheme Act
1999 4
A Bill for an Act to amend the law relating to certain
fuel grant and rebate schemes, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Fuel Legislation Amendment (Grant and
Rebate Schemes) Act 2001.
(1) Subject to subsections (2) and (3), this Act commences on the day
on which it receives the Royal Assent.
(2) Subject to subsection (3), items 13, 14, 15 and 16 of
Schedule 1 to this Act commence on a day or days to be fixed by
Proclamation.
(3) If the items referred to in subsection (2) do not commence under
that subsection within the period of 6 months beginning on the day on which this
Act receives the Royal Assent, those items commence on the first day after the
end of that period.
Subject to section 2, each Act that is specified in a Schedule to
this Act is amended or repealed as set out in the applicable items in the
Schedule concerned, and any other item in a Schedule to this Act has effect
according to its terms.
The amendments made by items 9, 10, 11 and 12 of Schedule 1 to
this Act apply in relation to the use of any diesel fuel or alternative fuel
that is purchased, or imported into Australia, on or after the day on which this
Act receives the Royal Assent.
Part 1—Amendments
to extend the operation of particular grant and rebate
schemes
1 Paragraphs 164(1AB)(a) and
(b)
Omit “1 July 2002”, substitute “1 July
2003”.
Diesel and Alternative
Fuels Grants Scheme Act 1999
2 Subsection 4(1)
Omit “1 July 2002”, substitute “1 July
2003”.
3 Section 12
Omit “1 July 2002”, substitute “1 July
2003”.
Note: The heading to section 12 is altered by omitting
“1 July 2002” and substituting “1 July
2003”.
4 Subsection 15(1)
Omit “1 December 2002”, substitute “1 December
2003”.
5 Subparagraph 21(d)(ii)
Omit “30 June 2002”, substitute “30 June
2003”.
6 Subparagraph 22(e)(ii)
Omit “30 June 2002”, substitute “30 June
2003”.
7 Paragraphs 78A(1AB)(a) and
(b)
Omit “1 July 2002”, substitute “1 July
2003”.
Part 2—Additional
amendments of the Diesel and Alternative Fuels Grants
Scheme
Diesel and Alternative
Fuels Grants Scheme Act 1999
8 Section 5
Insert:
electronic signature means an entity’s unique
identification in an electronic form that is approved by the
Commissioner.
9 At the end of
section 5
Add:
(2) In this Act, a reference to use of fuel in, or in operating, a vehicle
includes, in the case of an emergency vehicle, a reference to the use of fuel
in, or in operating, any auxiliary equipment:
(a) that is carried on that emergency vehicle; and
(b) that is used for a purpose related to the principal purpose for which
the emergency vehicle is used.
10 At the end of
section 9
Add:
(3) This section does not apply in relation to the use of diesel fuel or
alternative fuel in an emergency vehicle.
11 Subsection 10AD(1)
Omit “, but less than 20 tonnes”.
12 Subsection 10AD(2)
Omit “on a public road”.
Note: The heading to section 10AD is altered by
omitting “, but less than 20 tonnes”.
13 Section 10B
Repeal the section, substitute:
(1) The regulations may prescribe one or more methods of working out
(whether by measurement, estimate or any other means):
(a) if subsection 9(1) applies to you in relation to the use in a vehicle
of a particular type of fuel during a grant period—the quantity of that
fuel used in that vehicle during that grant period in the circumstances
mentioned in subsection 9(2); and
(b) if subsection (1) of section 10, 10AA, 10AB, 10AC or 10AD
(the applicable section) applies to you in relation to the use in
a vehicle of a particular type of fuel during a grant period—the quantity
of that fuel used in that vehicle during that grant period in the circumstances
mentioned in subsection (2) of the applicable section.
(2) The method or methods prescribed under subsection (1) may differ
according to either or both of the following:
(a) the kind of claim that is being made;
(b) the circumstances in which the fuel the subject of the claim was
used.
14 Paragraph 11(1)(a)
Omit “under whichever of subsections 10B(1) and (2) is
applicable”, substitute “in accordance with a method prescribed by
regulations made for the purposes of section 10B”.
15 Section 14
Repeal the section, substitute:
(1) You may, subject to any determination by the Commissioner under
subsections (2) and (3), make a claim under section 15 for any period
(the grant period):
(a) that is specified in the claim; and
(b) that is not covered, or covered in part, by another claim;
and
(c) that ends before 1 July 2003.
(2) Despite subsection (1) and subject to subsection (3), the
Commissioner may, for the purposes of an application under section 14A for
an advance on account of a fuel grant that may become payable to you, determine
the grant period in relation to which that application for an advance is
made.
(3) The Commissioner may make a determination specifying, either generally
or in relation to entities of a kind specified in the determination, either or
both of the following:
(a) the minimum amount, or the minimum volume of fuel, in respect of which
a claim or an application for an advance may be made;
(b) the minimum period that a claim or the application for an advance must
cover.
16 Transitional provision
(1) Section 14 of the Diesel and Alternative Fuels Grants Scheme
Act 1999, as amended by item 15 of Schedule 1 to this Act,
applies in respect of any period that has not been the subject of a claim for a
fuel grant under section 15 of that Act, whether the period commences
before, on or after the day on which that item commences.
(2) The amendment of the Diesel and Alternative Fuels Grants Scheme Act
1999 made by item 15 of Schedule 1 to this Act does not affect any
claim:
(a) that has been lodged with the Commissioner before the commencement of
that item; and
(b) that is based on a grant period determined under section 14 of
that Act as in force before the commencement of that item.
17 Subsections 14A(3) and
(3A)
Omit “21 days”, substitute “28 days”.
18 Subsection 15(4)
Repeal the subsection.
19 After section 15
Insert:
(1) You may apply in writing to the Commissioner for permission to
authorise third parties to make claims under section 15 on your
behalf.
(2) An application under subsection (1):
(a) must be in the approved form; and
(b) must be signed by you, unless it is transmitted to the Commissioner in
an electronic format approved by the Commissioner and contains your electronic
signature.
(3) If the Commissioner accepts your application:
(a) that acceptance may be subject to such terms and conditions (including
any limitations on the kinds of third parties in respect of whom an
authorisation may be given) as the Commissioner determines to be appropriate;
and
(b) when informing you of that acceptance, the Commissioner must notify
those terms and conditions to you.
(4) If the Commissioner rejects your application, the Commissioner must
notify you of the rejection and specify the reasons why the application was
rejected.
(5) If the Commissioner accepts your application, you may, subject to any
terms or conditions to which the acceptance is subject, authorise in writing a
third party or third parties:
(a) to make claims under section 15 on your behalf; and
(b) for the purposes of making any such claim—to attach your
electronic signature to claims so made.
(6) If a third party makes, or purports to make, a claim on your behalf
under such an authority, the claim is to be treated, for all purposes of this
Act, as a claim made by you under section 15.
(7) You may, at any time, revoke in writing an authorisation of a third
party given under subsection (5).
(8) If you revoke an authorisation:
(a) you must notify the Commissioner, in writing, of the fact of that
revocation; and
(b) the revocation only has effect when that notification is received by
the Commissioner.
20 Section 55 (table
item 3)
Repeal the table item.
21 Section 55 (before table
item 4)
Insert:
|
3A |
Refusing to grant an application under subsection 15AA(1) |
Section 15AA |