Commonwealth Numbered Acts

TAX AND SUPERANNUATION LAWS AMENDMENT (2014 MEASURES NO. 6) ACT 2014 (NO. 133, 2014) - SCHEDULE 4

Fuel Tax Act 2006

1  Subsection 43-5(2A)

Repeal the subsection, substitute:

Day for rate of fuel tax, grant or subsidy

          (2A)  Work out the day using the table:

Note:          Division 65 sets out which tax period a credit is attributable to.

2  After section 43-5

Insert:

43-6   Meaning of fuel tax

             (1)  Fuel tax is duty that is payable on fuel under:

                     (a)  the Excise Act 1901 and the Excise Tariff Act 1921 ; or

                     (b)  the Customs Act 1901 and the Customs Tariff Act 1995 ;

other than any duty that is expressed as a percentage of the value of fuel for the purposes of section 9 of the Customs Tariff Act 1995 .

             (2)  For the purposes of subsection (1), if:

                     (a)  an Excise Tariff alteration, proposed by a motion moved in the House of Representatives, relates to duty payable on fuel; or

                     (b)  a Customs Tariff alteration, proposed by a motion moved in the House of Representatives, relates to duty payable on fuel;

the alteration is taken to have effect as if it is an amendment of the Act it proposes to alter, and as if that amendment is in force.

             (3)  However, the alteration ceases to be taken to have that effect unless, before whichever of the following first happens:

                     (a)  the close of the session in which the Excise Tariff alteration or Customs Tariff alteration, is proposed;

                     (b)  the expiration of 12 months after the Excise Tariff alteration or Customs Tariff alteration, is proposed;

one or more amendments of an Act come into force that have the effect proposed by the alteration.

             (4)  For the purposes of subsection (3), the Excise Tariff alteration, or the Customs Tariff alteration, is taken to have been proposed at the time the motion referred to in subsection (2) was moved.

3  Subsection 43-10(6)

Repeal the subsection, substitute:

Working out the amount of the reduction

             (6)  The * amount by which a fuel tax credit for taxable fuel is reduced under subsection (1) or (3) is worked out by reference to the rate of fuel tax or road user charge in force on the day worked out using the table in subsection 43-5(2A).

4  Subsection 44-5(1)

Repeal the subsection, substitute:

             (1)  You have a * fuel tax adjustment if you use fuel, or make a * taxable supply of fuel, and the * amount of the fuel tax credit to which you would have been entitled for the use or supply would have been different from the amount to which you are or were entitled if one or both of the following were to apply:

                     (a)  you had originally acquired, manufactured or imported the fuel to use or make a taxable supply in the circumstances in which you did use, or make a taxable supply of, the fuel;

                     (b)  an alteration of a kind referred to in subsection 43-6(2) that:

                              (i)  under that subsection, had been taken to have effect as if it is an amendment of an Act; and

                             (ii)  under subsection 43-6(3) ceased to be taken to have that effect;

                            had never been proposed as mentioned in subsection 43-6(2).

5  Section 110-5 (definition of fuel tax )

Repeal the definition, substitute:

"fuel tax" has the meaning given by section 43-6.

6  Application

The amendments made by items 1 and 3 apply in relation to:

                     (a)  a tax period that starts on or after 1 July 2014; or

                     (b)  a fuel tax return period, if the return for that period is lodged on or after 1 July 2014.