"retail sale", in relation to goods or services, does not include the retail sale of electricity.

4 Subsection 164AC(5)

Omit "described in paragraph 164(1)(c) or (d)", substitute "described in paragraph 164(1)(ad), (c) or (d)".

5 Application provision

The amendments of the Customs Act 1901 made by items 1, 2, 3 and 4 of this Schedule apply only in relation to diesel fuel that is purchased on or after 1 July 2002.

Part 2—Amendment of the Excise Act 1901
6 After paragraph 78A(1)(ac)

Insert:

(ad)

at particular premises to generate electricity for use in the course of carrying on, at those premises, an enterprise that:

(i)

has, as its principal purpose, the retail sale of goods or services or the provision of hospitality; and

(ii)

does not have, at those premises, ready access to a commercial supply of electricity;

7 Subsection 78A(4C)

Omit all the words after "(rail or marine transport)", substitute "or in a manner referred to in paragraph (1)(ad) (generation of electricity for retail or hospitality purposes) is payable at the rate that the rebate would be payable if the use of the diesel fuel had been in primary production".

8 Subsection 78A(7)

After " residential premises ,", insert " retail sale ,".

9 Subsection 78AD(5)

Omit "described in paragraph 78A(1)(c) or (d)", substitute "described in paragraph 78A(1)(ad), (c) or (d)".

10 Application provision

The amendments of the Excise Act 1901 made by items 6, 7, 8 and 9 of this Schedule apply only in relation to diesel fuel that is purchased on or after 1 July 2002.