ENERGY GRANTS (CREDITS) SCHEME REGULATIONS 2003

Compilation Information

Energy Grants (Credits) Scheme Regulations 2003

Statutory Rules 2003 No. 179 as amended
made under the
Energy Grants (Credits) Scheme Act 2003
This compilation was prepared on 23 December 2003
taking into account amendments up to SR 2003 No. 371
Prepared by the Office of Legislative Drafting,
Attorney-General's Department, Canberra

ENERGY GRANTS (CREDITS) SCHEME REGULATIONS 2003
Part 1 Preliminary

ENERGY GRANTS (CREDITS) SCHEME REGULATIONS 2003
- REG 1
Name of Regulations [see Note 1]

These Regulations are the Energy Grants (Credits) Scheme Regulations 2003.

ENERGY GRANTS (CREDITS) SCHEME REGULATIONS 2003
- REG 2
Commencement

These Regulations commence on 1 July 2003.

ENERGY GRANTS (CREDITS) SCHEME REGULATIONS 2003
- REG 3
Diesel and Alternative Fuels Grants Scheme Regulations
2000 — repeal

The following Statutory Rules are repealed:

* 2000 Nos. 44, 160 and 318

* 2001 Nos. 17 and 200

* 2002 No. 54.

ENERGY GRANTS (CREDITS) SCHEME REGULATIONS 2003
- REG 4
Definitions

In these Regulations:

Act means the Energy Grants (Credits) Scheme Act 2003.

AMG means the Australian Map Grid.

BSD means an area described in that way in the edition of the Australian Standard Geographical Classification that was:

(a) published by the Australian Bureau of Statistics; and

(b) current on 12 April 2000.

claimant means a person who makes a claim for payment of an energy grant.

claim period has the same meaning as in the Product Grants and Benefits Administration Act 2000.

litre includes cubic metre.

qualifying use is an actual use or a proposed use by a claimant in a claim period of a type of fuel:

(a)

that the claimant purchases or imports into Australia in the claim period; and

(b)

for which the claimant is entitled to an energy grant under subsection 56 (1) of the Act.

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statistical local area means an area described in that way, and by reference to a unique name and number, in the edition of the Australian Standard Geographical Classification that was:

(a)

published by the Australian Bureau of Statistics; and

(b)

current on 12 April 2000.

type of fuel means:

(a)

on-road diesel fuel, on-road alternative fuel or off-road diesel fuel; or

(b)

a particular kind of on-road diesel fuel, on-road alternative fuel or off-road diesel fuel.

ENERGY GRANTS (CREDITS) SCHEME REGULATIONS 2003
- REG 5
Meaning of emergency vehicle (Act s 4)

For the definition of emergency vehicle in section 4 of the Act, the following are emergency vehicles:

(a)

a vehicle that is:

(i)

operated by an ambulance service; and

(ii)

fitted with a siren and a flashing warning light;

(b)

a vehicle that:

(i)

is operated by a firefighting service; and

(ii)

is designed, permanently fitted out and equipped for the purposes of preventing and fighting fires; and

(iii)

has external markings that identify the vehicle as a firefighting vehicle;

(c)

a vehicle that is:

(i)

operated by a police force or service; and

(ii)

fitted with a siren and a flashing warning light;

(d)

a vehicle that:

(i)

is designed and permanently fitted out for the purposes of emergency response or search and rescue operations; and

(ii)

has external markings that identify it as such a vehicle;

(e)

a vehicle, other than a vehicle mentioned in paragraph (a), (b), (c) or (d), that is:

(i)

operated by the Commonwealth or a State or Territory, or by a Commonwealth, State or Territory authority, for a purpose similar to a purpose indicated in any of those paragraphs; and

(ii)

identified as such a vehicle by a siren, flashing warning light, appropriate markings, or similar means.

ENERGY GRANTS (CREDITS) SCHEME REGULATIONS 2003
- REG 6
Metropolitan areas (Act s 6)

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For subsection 6 (2) of the Act, the area included in each metropolitan area is as follows:

(a)

for the Newcastle-Sydney-Wollongong metropolitan area — the area described in Schedule 1;

(b)

for the Melbourne-Geelong metropolitan area — the area described in Schedule 2;

(c)

for the Sunshine Coast-Brisbane-Gold Coast metropolitan area — the area described in Schedule 3;

(d)

for the Perth metropolitan area — the area described in Schedule 4;

(e)

for the Adelaide metropolitan area — the area described in Schedule 5;

(f)

for the Canberra metropolitan area — the area described in Schedule 6.

ENERGY GRANTS (CREDITS) SCHEME REGULATIONS 2003
Part 2 On-road credits

ENERGY GRANTS (CREDITS) SCHEME REGULATIONS 2003
- REG 7
Meaning of on-road alternative fuel (Act s 4)

For paragraph (d) of the definition of on-road alternative fuel in section 4 of the Act, the following fuels are specified:

(a)

liquefied natural gas;

(b)

biodiesel that:

(i)

is the subject of a fuel standard under the Fuel Quality Standards Act 2000; and

(ii)

complies with the standard;

(c)

a fuel that:

(i)

is made up of biodiesel and diesel; and

(ii)

consists principally of biodiesel that:

(A)

is the subject of a fuel standard under the Fuel Quality Standards Act 2000; and

(B)

complies with the standard.

ENERGY GRANTS (CREDITS) SCHEME REGULATIONS 2003
- REG 8
Meaning of on-road diesel fuel (Act s 4)

For the definition of on-road diesel fuel in section 4 of the Act, on-road diesel fuel is a substance that:

(a)

has been purchased for use as fuel for road vehicles powered by diesel engines; and

(b)

consists principally of products derived from petroleum or shale, including the following:

(i)

stabilised crude oil, topped crude oil, or condensate;

(ii)

a recycled substance that has been produced by a process of refining or has been recovered by another process;

(iii)

recycled waste oil that has been blended with diesel.

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ENERGY GRANTS (CREDITS) SCHEME REGULATIONS 2003
Part 3 Off-road credits

ENERGY GRANTS (CREDITS) SCHEME REGULATIONS 2003
- REG 9
Meaning of off-road diesel fuel (Act s 4)

(1)

For the definition of off-road diesel fuel in section 4 of the Act, the following kinds of fuel are specified:

(a)

a product on which:

(i)

customs duty has been paid at a rate that is applicable to diesel fuel, under Schedule 3 to the Customs Tariff Act 1995, at the time of the payment; or

(ii)

excise duty has been paid at a rate that is applicable to diesel fuel, under the Schedule to the Excise Tariff Act 1921, at the time of the payment;

that is capable of being used as fuel in a diesel engine;

(b)

a fuel oil that has the characteristics set out in subsection 3 (4) of the Excise Tariff Act 1921;

(c)

a petroleum product:

(i)

that has a density:

(A)

equal to or exceeding 0.900 at 15º Celsius as determined by ASTM 1298; or

(B)

less than 0.900 at 15º Celsius as determined by ASTM 1298 and:

(I) a maximum cetane index of 35 as determined by ASTM D976; or
(II) in respect of the heaviest 10% of a particular volume of fuel tested, a minimum value of 0.35% mass of carbon residue on 10% distillation residue as determined by ASTM D189 or D524; or
(III) a minimum pour point of 15º Celsius as determined by ASTM D97; or
(IV) a minimum sulphur content of 1.5% mass as determined by ASTM D129; or
(V) a minimum kinematic viscosity of 10 centistokes (millimetres squared per second) at 40º Celsius as determined by ASTM D445; and

(ii)

on which duty has been paid at a rate that is applicable to diesel fuel; and

(iii)

that is capable of being used as a fuel otherwise than in an internal combustion engine;

(d)

a blend of diesel and biodiesel that consists principally of diesel;

(e)

an excisable blended petroleum product:

(i)

that consists of diesel and another substance or substances; and

(ii)

on which duty has been paid at a rate that is applicable to diesel fuel; and

(iii)

that is intended for use for a purpose specified in subsection 53 (6) of the Act.

(2)

A reference in paragraph (1) (c) to ASTM, followed by a number, is a reference to a test so numbered as prescribed by the American Society for Testing and Materials and set out in Section 5 of the Annual Book of ASTM Standards (1986 revision) published in 1986 by the American Society for Testing and Materials at Philadelphia, Pennsylvania in the United States of America.

(3)

The following kinds of fuel are not off-road diesel fuel:

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(a)

gasoline and other petroleum or shale spirit that has a flash point of less than 23° Celsius when tested in an Abel Pensky (closed test) apparatus;

(b)

coal tar and coke oven distillates;

(c)

aromatic hydrocarbons and light oils that:

(i)

consist principally of aromatic hydrocarbons (not being petroleum or shale products); and

(ii)

are suitable for use as gasoline substitutes; and

(iii)

have a flash point of less than 23° Celsius when tested in an Abel Pensky (closed test) apparatus;

(d)

biodiesel;

(e)

a blend of biodiesel and diesel that consists principally of biodiesel.

(4)

In this regulation:

excisable blended petroleum product has the meaning given by section 77G of the Excise Act 1901.

Note   Section 77G of the Excise Act 1901 defines excisable blended petroleum products by reference to exempt blended petroleum products. Exempt blended petroleum products are prescribed in the Excise Regulations 1925.

ENERGY GRANTS (CREDITS) SCHEME REGULATIONS 2003
- REG 10
Qualifying uses

(1)

Subject to subregulation (2), for paragraph 53 (6) (b) of the Act, the use of off-road diesel fuel other than as a fuel is specified.

(2)

If the off-road diesel fuel is used as an ingredient in the manufacture of a blended petroleum product, the use is specified only if the product is an exempt blended petroleum product that is not suitable for use as a fuel.

(3)

For paragraph 53 (7) (b) of the Act, the kind of off-road diesel fuel mentioned in paragraph 9 (1) (c) of these Regulations is specified.

(4)

In this regulation:

blended petroleum product has the meaning given by section 77G of the Excise Act 1901.

exempt blended petroleum product has the meaning given by section 77G of the Excise Act 1901.

Note   Exempt blended petroleum products are prescribed in the Excise Regulations 1925.

ENERGY GRANTS (CREDITS) SCHEME REGULATIONS 2003
Part 4 Entitlement to energy grant

ENERGY GRANTS (CREDITS) SCHEME REGULATIONS 2003
- REG 11
Specified amounts per litre — on-road alternative fuel and
on-road diesel fuel (Act s 57 (2))

(1)

For subsection 57 (2) of the Act, Parts 1 and 2 of Schedule 7 specify the amounts per litre for:

(a)

on-road diesel fuel; and

(b)

different kinds of on-road alternative fuel.

(2)

An amount per litre that is specified for a particular type of fuel does not apply to a blend of that type of fuel and another type of fuel, whether or not the other type of fuel is specified in Schedule 7.

Note   On-road diesel fuel may include a blend

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of diesel and ethanol, and may also include a blend of diesel and biodiesel.

ENERGY GRANTS (CREDITS) SCHEME REGULATIONS 2003
- REG 12
Specified amounts per litre — off-road diesel fuel
(Act s 57 (2))

For subsection 57 (2) of the Act, Part 3 of Schedule 7 specifies the amounts per litre for either or both of the following:

(a)

different kinds of off-road diesel fuel;

(b)

different proposed uses of off-road diesel fuel.

ENERGY GRANTS (CREDITS) SCHEME REGULATIONS 2003
- REG 13
Methods of working out quantity of fuel
(Act s 57 (5))

(1)

For subsection 57 (5) of the Act, the methods set out in Schedule 8 are prescribed.

(2) The Schedule sets out the following methods:

(a)

the constructive method (a basic calculation method);

(b)

the deductive method (a basic calculation method);

(c)

the percentage use method (a variation of a basic calculation method);

(d) the small claimants method (a variation of a basic calculation method).

(3)

The Schedule sets out the circumstances in which the different methods may be used.

ENERGY GRANTS (CREDITS) SCHEME REGULATIONS 2003
Schedule 1 Newcastle-Sydney-Wollongong metropolitan area

(paragraph 6 (a))

Part 1 Complete statistical local areas

101 The Newcastle-Sydney-Wollongong metropolitan area includes each of the following statistical local areas:
105350150 Ashfield (A)
105400200 Auburn (A)
105200350 Bankstown (C)
105500500 Baulkham Hills (A)
105500750 Blacktown (C)
105051100 Botany Bay (C)
105351300 Burwood (A)
105301450 Camden (A)
105301500 Campbelltown (C)
105201550 Canterbury (C)
105351900 Concord (A)
105352550 Drummoyne (A)
105252850 Fairfield (C)
105403950 Holroyd (C)
105604000 Hornsby (A)
105554100 Hunter's Hill (A)
1051541507 Hurstville (C)
105154450 Kogarah (A)
105604500 Ku-ring-gai (A)
110054650 Lake Macquarie (C)
105554700 Lane Cove (A)
105054800 Leichhardt (A)
105254900 Liverpool (C)
105655150 Manly (A)
105055200 Marrickville (A)
105555350 Mosman (A)
110055901 Newcastle (C) — Inner
110055902 Newcastle (C) — Remainder
105555950 North Sydney (A)
105406250 Parramatta (C)
105456350 Penrith (C)
105656370 Pittwater (A)
105106550 Randwick (C)
105156650 Rockdale (C)

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105556700 Ryde (C)
115056900 Shellharbour (C)
105057070 South Sydney (C)
105357100 Strathfield (A)
105157150 Sutherland Shire (A)
105057201 Sydney (C) — Inner
105057202 Sydney (C) — Remainder
105658000 Warringah (A)
105108050 Waverley (A)
105558250 Willoughby (C)
115058450 Wollongong (C)
105108500 Woollahra (A)

Part 2 Roads between statistical local areas

201 The Newcastle-Sydney-Wollongong metropolitan area includes the area contained within the road reserve of the Sydney-Newcastle Freeway, between:

(a)

the northern boundary of 105604000 Hornsby (A) statistical local area; and

(b)

the southern boundary of 110054650 Lake Macquarie (C) statistical local area.

ENERGY GRANTS (CREDITS) SCHEME REGULATIONS 2003
Schedule 2 Melbourne-Geelong metropolitan area

(paragraph 6 (b))

Part 1 Complete statistical local areas

101 The Melbourne-Geelong metropolitan area includes each of the following statistical local areas:
205300661 Banyule (C) — Heidelberg
205300662 Banyule (C) — North
205650911 Bayside (C) — Brighton
205650912 Bayside (C) — South
210052751 Bellarine — Inner
205451111 Boroondara (C) — Camberwell North
205451112 Boroondara (C) — Camberwell South
205451113 Boroondara (C) — Hawthorn
205451114 Boroondara (C) — Kew
205101181 Brimbank (C) — Keilor
205101182 Brimbank (C) — Sunshine
205801612 Casey (C) — Berwick
205801613 Casey (C) — Cranbourne
205801616 Casey (C) — Hallam
210052752 Corio — Inner
205301891 Darebin (C) — Northcote
205301892 Darebin (C) — Preston
205852171 Frankston (C) — East
205852174 Frankston (C) — West
210052753 Geelong
210052754 Geelong West
205652311 Glen Eira (C) — Caulfield
205652314 Glen Eira (C) — South
205752671 Greater Dandenong (C) — Dandenong
205752674 Greater Dandenong (C) Bal
205103111 Hobsons Bay (C) — Altona
205103112 Hobsons Bay (C) — Williamstown
205353271 Hume (C) — Broadmeadows
205653431 Kingston (C) — North
205653434 Kingston (C) — South
205553671 Knox (C) — North
205553674 Knox (C) — South
205504211 Manningham (C) — East
205504214 Manningham (C) — West
205104330 Maribyrnong (C)
205554411 Maroondah (C) — Croydon
205554412 Maroondah (C) — Ringwood
205054601 Melbourne (C) — Inner
205054605 Melbourne (C) — Southbank-Docklands
205054608 Melbourne (C) — Remainder
205504971 Monash (C) — South-West
205504974 Monash (C) — Waverley East
205504975 Monash (C) — Waverley West
205105063 Moonee Valley (C) — Essendon
205105065 Moonee Valley (C) — West
205255251 Moreland (C) — Brunswick
205255252 Moreland (C) — Coburg
205255253 Moreland (C) — North

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205905345 Mornington Peninsula (S) — West
210052755 Newtown
205405713 Nillumbik (S) — South
205405715 Nillumbik (S) — South-West
205055901 Port Phillip (C) — St Kilda
205055902 Port Phillip (C) — West
210052756 South Barwon — Inner
205656352 Stonnington (C) — Malvern
205056351 Stonnington (C) — Prahran
205506981 Whitehorse (C) — Box Hill
205506984 Whitehorse (C) — Nunawading East
205506985 Whitehorse (C) — Nunawading West
205407074 Whittlesea (C) — South
205057351 Yarra (C) — North
205057352 Yarra (C) — Richmond
205607455 Yarra Ranges (S) — South-West

Part 2 Parts of statistical local areas

201 The Melbourne-Geelong metropolitan area includes the area (known as the Werribee Extension) within a notional line that:

(a)

commences at the intersection of Boundary Road, Robinsons Road and Palmers Road, being the south-western corner of 205101182 Brimbank (C) — Sunshine statistical local area; and

(b)

continues south by the centre line of Palmers Road to its intersection with the centre line of Sayers Road; and

(c)

continues west by the centre line of Sayers Road to its intersection with the north-eastern corner of 205207265 Wyndham (C) — Werribee statistical local area (approximate AMG Zone 55 coordinate 298 700E 5 808 030N); and

(d)

continues generally west, south and north-east by the northern, western and southern boundaries respectively of 205207265 Wyndham (C) — Werribee statistical local area to the intersection with the centre thread of Skeleton Creek (approximate AMG Zone 55 coordinate 299 570E 5 805 280N); and

(e)

continues generally south by the centre thread of Skeleton Creek to its intersection with the centre line of the westbound carriageway of the Princes Freeway; and

(f)

continues generally north-east by the centre line of that carriageway to its intersection with the eastern boundary of 205207268 Wyndham (C) Bal statistical local area (approximate AMG Zone 55 coordinate 302 400E 5 806 100N); and

(g)

continues generally north-east and west by the eastern and northern boundaries respectively of 205207268 Wyndham (C) Bal statistical local area to intersection of Boundary Road, Robinsons Road and Palmers Road.

202 The Melbourne-Geelong metropolitan area includes the area (known as the Airport Extension) within a notional line that:

(a)

commences at the intersection of the centre lines of Cahill Street and Wildwood Road, being a corner of 205353274 Hume (C) — Craigieburn statistical local area; and

(b)

continues south by the centre line of Wildwood Road to its intersection with the centre lines of Bulla Road and Sunbury Road; and

(c)

continues generally east by the centre line of Sunbury Road to its intersection with the centre line of Oaklands Road; and

(d)

continues generally north by the centre line of Oaklands Road to its intersection with the centre line of Somerton Road; and

(e)

continues generally east by the centre line of Somerton Road to its intersection with the centre line of Mickleham Road; and

(f)

continues generally north by the centre line of Mickleham Road to its intersection with the centre line of Mount Ridley Road; and

(g)

continues generally east by the centre line of Mount Ridley Road and its easterly prolongation to its intersection with the centre line of the southbound carriageway of the Hume Freeway (approximate AMG Zone 55 coordinate 318 050E 5 839 750N); and

(h)

continues generally south by the centre line of the southbound carriageway of the Hume Freeway to its intersection with the prolongation of Craigieburn Road East (approximate AMG Zone 55 coordinate 318 390E 5 836 460N); and

(i)

continues generally east by the prolongation of Craigieburn Road East and the centre line of Craigieburn Road East to its intersection with the centre line of Epping Road; and

(j)

continues generally south by the centre line of Epping Road to a corner on the southern boundary of 205407071 Whittlesea (C) — North statistical local area (approximate AMG Zone 55 coordinate 325 800E 5 832 880N); and

(k)

continues generally west by that boundary to its intersection with the eastern boundary of 205353274 Hume (C) — Craigieburn statistical local area; and

(l)

continues generally west, south and north by the southern and western boundaries respectively of 205353274 Hume (C) — Craigieburn statistical local area to the intersection of the centre lines of Cahill Street and Wildwood Road.

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Part 3 Roads between statistical local areas

301 The Melbourne-Geelong metropolitan area includes the area contained within the road reserve of the Princes Freeway, between the eastern boundary of 210052752 Corio — Inner statistical local area and the southern boundary of 205207265 Wyndham (C) — Werribee statistical local area.

ENERGY GRANTS (CREDITS) SCHEME REGULATIONS 2003
Schedule 3 Sunshine Coast-Brisbane-Gold Coast metropolitan area

(paragraph 6 (c))

Part 1 Complete statistical local areas

101 The Sunshine Coast-Brisbane-Gold Coast metropolitan area includes each of the following statistical local areas:
305051001 Acacia Ridge
305405951 Albany Creek
305051004 Albion
305051007 Alderley
305506251 Alexandra Hills
305051012 Algester
305051015 Annerley
305051018 Anstead
305405954 Arana Hills
305051023 Archerfield
310053497 Arundel
305051026 Ascot
305051031 Ashgrove
310053501 Ashmore
305051034 Aspley
305051037 Bald Hills
305051042 Balmoral
305051045 Banyo
305051048 Bardon
305103461 Beenleigh
305051053 Bellbowrie
305051057 Belmont-Mackenzie
310053504 Benowa
305103463 Bethania-Waterford
310053507 Biggera Waters
310053512 Bilinga
305506254 Birkdale
305051064 Boondall
305051067 Bowen Hills
305051072 Bracken Ridge
305405957 Bray Park
305051075 Bridgeman Downs
305051078 Brighton
310053513 Broadbeach
310053515 Broadbeach Waters
305051083 Brookfield (including Mt Coot-tha)
305304601 Browns Plains
305051086 Bulimba
310053517 Bundall
310053521 Burleigh Heads
310053523 Burleigh Waters
305051094 Calamvale
310152132 Caloundra (C) — Caloundra North
310152133 Caloundra (C) — Caloundra South
310152135 Caloundra (C) — Kawana
305051097 Camp Hill
305051102 Cannon Hill
305506257 Capalaba
305051105 Capalaba West
305051113 Carina
305051116 Carina Heights
305051108 Carindale
310053525 Carrara-Merrimac
305051121 Carseldine
305051124 Chandler
305051127 Chapel Hill
305051132 Chelmer
305051135 Chermside
305051138 Chermside West
305051143 City — Inner (Brisbane)
305051146 City — Remainder (Brisbane)
305051151 Clayfield
305506262 Cleveland
305456201 Clontarf
310053527 Coolangatta
310053531 Coombabah
305051154 Coopers Plains

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305051157 Coorparoo
305051162 Corinda
310053533 Currumbin
310053535 Currumbin Waters
305304605 Daisy Hill-Priestdale
305051167 Darra-Sumner
305051173 Deagon
305051176 Doolandella-Forest Lake
305051184 Durack
305051187 Dutton Park
305103466 Eagleby
305051195 East Brisbane
305103471 Edens Landing-Holmview
305051198 Eight Mile Plains
310053537 Elanora
305051203 Ellen Grove
305051206 Enoggera
310053541 Ernest-Molendinar
305405962 Everton Hills
305051211 Everton Park
305051214 Fairfield
305051217 Ferny Grove
305405965 Ferny Hills
305051222 Fig Tree Pocket
305051228 Fortitude Valley — Inner
305051233 Fortitude Valley — Remainder
305051236 Geebung
305051241 Graceville
305051244 Grange
305304608 Greenbank — Pt B
305051247 Greenslopes
305051252 Gumdale
305051255 Hamilton
305051258 Hawthorne
310053543 Helensvale
305051265 Hemmant-Lytton
305051271 Hendra
305051274 Herston
305051277 Highgate Hill
305051282 Holland Park
305051285 Holland Park West
310053545 Hollywell
310053547 Hope Island
305051288 Inala
305051293 Indooroopilly
305253962 Ipswich (C) — Central
305253965 Ipswich (C) — East
305051296 Jamboree Heights
305051301 Jindalee
305405968 Kallangur
305051304 Kangaroo Point
305051312 Kedron
305051315 Kelvin Grove
305051318 Kenmore
305051323 Kenmore Hills
305051326 Keperra
305304612 Kingston
305051331 Kuraby
310053553 Labrador
305405973 Lawnton
305304615 Loganholme
305304618 Loganlea
305051337 Lota
305051345 Lutwyche
305051356 MacGregor
310053555 Main Beach-Broadwater
305051364 Manly
305051367 Manly West
305051372 Mansfield
305456204 Margate-Woody Point
310154902 Maroochy (S) — Buderim
310154905 Maroochy (S) — Coastal North
310154907 Maroochy (S) — Maroochydore
310154911 Maroochy (S) — Mooloolaba
305304623 Marsden
305051353 McDowall
310053557 Mermaid Beach
310053562 Mermaid Waters-Clear Island Waters
310053563 Miami
305051375 Middle Park

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305051378 Milton
305051383 Mitchelton
305051386 Moggill
305051391 Moorooka
305051397 Morningside
305051402 Mount Gravatt
305051405 Mount Gravatt East
305051408 Mount Ommaney
305103476 Mt Warren Park
310053565 Mudgeeraba
305051413 Murarrie
305051416 Nathan
310053567 Nerang
305051421 New Farm
305051424 Newmarket
305051427 Newstead
310155752 Noosa (S) — Noosa-Noosaville
310155755 Noosa (S) — Sunshine-Peregian
310155756 Noosa (S) — Tewantin
305051432 Norman Park
305051435 Northgate
305051438 Nudgee
305051443 Nudgee Beach
305051446 Nundah
305506264 Ormiston
310053571 Oxenford
305051451 Oxley
305051454 Paddington
305051456 Pallara-Heathwood-Larapinta
310053573 Palm Beach
310053575 Paradise Point
305051463 Parkinson-Drewvale
310053577 Parkwood
305405974 Petrie
305051465 Pinjarra Hills
305051467 Pinkenba-Eagle Farm
305051473 Pullenvale
305051476 Ransome
305456206 Redcliffe-Scarborough
305051481 Red Hill
305051484 Richlands
305051487 Riverhills
305051492 Robertson
310053582 Robina
305304631 Rochedale South
305051498 Rocklea
305456208 Rothwell-Kippa-Ring
310053583 Runaway Bay
305051503 Runcorn
305051506 St Lucia
305051511 Salisbury
305051514 Sandgate
305051517 Seventeen Mile Rocks
305304634 Shailer Park
305051522 Sherwood
305304637 Slacks Creek
305051525 South Brisbane
310053585 Southport
305051528 Spring Hill
305304642 Springwood
305051533 Stafford
305051536 Stafford Heights
310053586 Stephens
305405976 Strathpine
305051541 Stretton-Karawatha
305051547 Sunnybank
305051552 Sunnybank Hills
310053587 Surfers Paradise
305051556 Taigum-Fitzgibbon
305304645 Tanah Merah
305051558 Taringa
305051563 Tarragindi
305051566 The Gap (including Enoggera Reserve)
305506268 Thorneside
305506271 Thornlands
305051571 Tingalpa
305051574 Toowong
310053591 Tugun
305304651 Underwood
305051582 Upper Brookfield

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305051588 Upper Mount Gravatt
305051593 Virginia
305051596 Wacol
305051601 Wakerley
305304654 Waterford West
305051604 Wavell Heights
305506276 Wellington Point
305051607 West End (Brisbane)
305051612 Westlake
305051615 Willawong
305051618 Wilston
305103494 Windaroo-Bannockburn
305051623 Windsor
305051626 Wishart
305304656 Woodridge
305051631 Woolloongabba
305051634 Wooloowin
310053593 Worongary-Tallai
305051637 Wynnum
305051642 Wynnum West
305051645 Yeerongpilly
305051648 Yeronga
305051653 Zillmere

Part 2 Parts of statistical local areas

201 The Sunshine Coast-Brisbane-Gold Coast metropolitan area includes the area (known as the Brendale Extension) within a notional line that:

(a)

commences at the intersection of the centre line of South Pine Road and the eastern boundary of 305405983 Pine Rivers (S) Bal statistical local area (approximate AMG Zone 56 coordinate 496 060E 6 975 510N); and

(b)

continues generally north by the centre line of South Pine Road to its intersection with the centre line of Warner Road; and

(c)

continues generally north-west by a straight line to the intersection of the centre lines of Kremzow Road and Old North Road; and

(d)

continues generally north by the centre line of Old North Road to its intersection with the eastern boundary of 305405983 Pine Rivers (S) Bal statistical local area (approximate AMG Zone 56 coordinate 496 310E 6 979 120N); and

(e)

continues generally east, south and west by part of the eastern boundary of 305405983 Pine Rivers (S) Bal statistical local area to intersection of the centre line of South Pine Road and the eastern boundary of 305405983 Pine Rivers (S) Bal statistical local area.

202 The Sunshine Coast-Brisbane-Gold Coast metropolitan area includes the area within a notional line (known as the Andrews Extension) that:

(a)

commences at the intersection of the southbound carriageway of the Pacific Highway and the eastern boundary of 310053542 Guanaba-Currumbin Valley statistical local area (approximate AMG Zone 56 coordinate 539 050E 6 891 720N); and

(b)

continues generally east and south by part of the eastern boundary of 310053542 Guanaba-Currumbin Valley statistical local area to its intersection with the centre line of the southbound carriageway of the Pacific Highway (approximate AMG Zone 56 coordinate 541 940E 6 889 680N); and

(c)

continues generally north-west by the centre line of the southbound carriageway of the Pacific Highway to the intersection of the southbound carriageway of the Pacific Highway and the eastern boundary of 310053542 Guanaba-Currumbin Valley statistical local area.

203 The Sunshine Coast-Brisbane-Gold Coast metropolitan area includes the area (known as the Burpengary Extension) within a notional line that:

(a)

commences at the intersection of the eastern boundary of 305405983 Pine Rivers (S) Bal statistical local area and the northern boundary of 305456208 Rothwell-Kippa-Ring statistical local area (approximate AMG Zone 56 coordinate 503 060E 6 990 410N); and

(b)

continues generally south and west by part of the eastern boundary of 305405983 Pine Rivers (S) Bal statistical local area to a corner on that boundary (approximate AMG Zone 56 coordinate 497 600E 6 987 420N), being the centre line of the Brisbane-Caboolture railway line; and

(c)

continues generally north by the centre line of the Brisbane-Caboolture railway line to a corner on the eastern boundary of 305405983 Pine Rivers (S) Bal statistical local area (approximate AMG Zone 56 coordinate 496 630E 6 989 550N); and

(d)

continues generally east along part of the eastern boundary of that statistical local area to the intersection of the eastern boundary of 305405983 Pine Rivers (S) Bal statistical local area and the northern boundary of 305456208 Rothwell-Kippa-Ring statistical local area.

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Part 3 Roads between statistical local areas

301 The Sunshine Coast-Brisbane-Gold Coast metropolitan area includes each of the following areas:

(a)

the area contained within the road reserve of the Bruce Highway, between the northern boundary of 305405983 Pine Rivers (S) Bal statistical local area and the southern boundary of 310152133 Caloundra (C) — Caloundra [(S)] statistical local area;

(b)

the area contained within the road reserve of the Pacific Highway, between the northern boundary of 305103496 Gold Coast (C) Bal in the BSD and the northern boundary of 310053571 Oxenford statistical local area.

ENERGY GRANTS (CREDITS) SCHEME REGULATIONS 2003
Schedule 4 Perth metropolitan area

(paragraph 6 (d))

Part 1 Complete statistical local areas

101 The Perth metropolitan area includes each of the following statistical local areas:
505100350 Bassendean (T)
505100420 Bayswater (C)
505250490 Belmont (C)
505051310 Cambridge (T)
505251330 Canning (C)
505051750 Claremont (T)
505201820 Cockburn (C)
505052170 Cottesloe (T)
505203150 East Fremantle (T)
505203431 Fremantle (C) — Inner
505203432 Fremantle (C) — Remainder
505253780 Gosnells (C)
505154171 Joondalup (C) — North
505154174 Joondalup (C) — South
505204830 Kwinana (T)
505205320 Melville (C)
505055740 Mosman Park (T)
505056580 Nedlands (C)
505056930 Peppermint Grove (S)
505057081 Perth (C) — Inner
505057082 Perth (C) — Remainder
505207490 Rockingham (C)
505257840 South Perth (C)
505157914 Stirling (C) — Central
505157915 Stirling (C) — Coastal
505157916 Stirling (C) — South-Eastern
505057980 Subiaco (C)
505258510 Victoria Park (T)
505058570 Vincent (T)
505158767 Wanneroo (C) — South

Part 2 Parts of statistical local areas

201 The Perth metropolitan area includes the area (known as the Swan/Mundaring/Kalamunda/Armadale Extension) within a notional line that:

(a)

commences at the intersection of the centre lines of Wolfe Road and Rowley Road, being a point on the western boundary of 505250210 Armadale (C) statistical local area; and

(b)

continues generally north and east along the western boundary of 505250210 Armadale (C) statistical local area to its intersection with the southern boundary of 505104200 Kalamunda (S) statistical local area; and

(c)

continues generally north-west and north along the western boundary of 505104200 Kalamunda (S) statistical local area to its intersection with 505108050 Swan (S) statistical local area; and

(d)

continues generally north-west, north-east, west and north along the southern and western boundaries respectively of 505108050 Swan (S) statistical local area to the intersection of the line with the centre line of Park Street (approximate AMG Zone 50 coordinate 394 110E 6 479 560N); and

(e)

continues generally east by the centre line of Park Street to its intersection with the centre line of Beechboro Road North; and

(f)

continues generally south by the centre line of Beechboro Road North to its intersection with the centre line of Marshall Road; and

(g)

continues generally east by the centre lines of Marshall Road, Arthur Street and Coast Road and the easterly prolongation of the centre line of Coast Road to the centre thread of the Swan River (approximate AMG Zone 50 coordinate 404 860E 6 474 760N); and

(h)

continues generally north-east following the centre thread of the Swan River to its intersection with the westerly prolongation of the centre line of Oakover Road (approximate AMG Zone 50 coordinate 405 300E 6 476 170N); and

(i)

continues generally east by the westerly prolongation of the centre line of Oakover Road and the centre lines of Oakover Road, Campersic Road and Neuman Road to the intersection of the western boundary of John Forrest National Park (approximate AMG Zone 50 coordinate 410 810E 6 476 390N); and

(j)

continues generally north, east and south along the western, northern and eastern boundaries respectively of John Forrest National Park to the intersection of the centre line of the Great Eastern Highway and the prolongation of the eastern boundary of John Forrest National Park; and

(k)

continues generally east along the centre line of the Great Eastern Highway to its intersection with the centre line of Marri Road; and

(l)

continues generally south along the centre line of Marri Road to its intersection with the centre line of Kenmore Street; and

(m)

continues generally south along the centre line of Kenmore Street to its most southern end; and

(n)

continues generally south-east by a straight line to the intersection of the centre lines of Thomas Road and Moola Road; and

(o)

continues generally south along the centre line of Moola Road to its most southern end; and

(p)

continues generally south by a straight line to the intersection with the centre thread of the Helena River (approximate AMG Zone 50 coordinate 417 060E 6 466 010N); and

(q)

continues generally south-east along the centre thread of the Helena River to its intersection with the centre line of Mundaring Weir Road; and

(r)

continues generally south along the centre line of Mundaring Weir Road to its intersection with the centre line of Ashendon Road; and

(s)

continues generally south-east along the centre line of Ashendon Road to its intersection with the northern boundary of 505250210 Armadale (C) statistical local area (approximate AMG Zone 50 coordinate 424 190E 6 449 940N); and

(t)

continues generally west along the northern boundary of 505250210 Armadale (C) statistical local area to its intersection with the centre line of Springdale Road (approximate AMG Zone 50 coordinate 414 880E 6 449 630N); and

(u)

continues generally south along the centre line of Springdale Road to its intersection with the centre line of Chevin Road; and

(v)

continues generally east along the centre line of Chevin Road to its intersection with the centre line of the Brookton Highway; and

(w)

continues generally east along the centre line of the Brookton Highway to its intersection with the centre line of Gardiner Road; and

(x)

continues generally south along the centre line of Gardiner Road to approximate AMG Zone 50 coordinate 6 445 440N; and

(y)

continues generally south by a straight line to the intersection with the centre line of McNess Road (approximate AMG Zone 50 coordinate 416 590E 6 443 460N); and

(z)

continues generally south-east along the centre line of McNess Road to its intersection with the centre line of Canning Dam Road; and

(za)

continues generally south along the centre line of Canning Dam Road to its intersection with the centre line of the Albany Highway; and

(zb)

continues generally south by a straight line to the intersection with the southern boundary of 505250210 Armadale (C) statistical local area (approximate AMG Zone 50 coordinate 415 550E 6 435 520N); and

(zc)

continues generally west along that boundary to the intersection of the centre lines of Wolfe Road and Rowley Road.

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202 The Perth metropolitan area includes the area (known as the Wanneroo Extension) within a notional line that:

(a)

commences at the intersection of Gnangara Road and Sydney Street, being the south-east corner of 505158761 Wanneroo (C) — North-East statistical local area; and

(b)

continues generally west and north-west along the southern and western boundaries respectively of 505158761 Wanneroo (C) — North-East statistical local area to the intersection with the southern boundary of 505158764 Wanneroo (C) — North-West statistical local area; and

(c)

continues generally west along part of the southern boundary of 505158764 Wanneroo (C) — North-West statistical local area to the intersection with the High Water Mark of mainland Australia (approximate AMG Zone 50 coordinate 377 450E 6 490 750N); and

(d)

continues generally north-west along the High Water Mark to approximate AMG Zone 50 coordinate 6 499 720N; and

(e)

continues east to a corner on the western boundary of the Neerabup National Park (approximate AMG Zone 50 coordinate 377 540E 6 499 720N); and

(f)

continues generally south-east by part of the western boundary of the Neerabup National Park to its intersection with the centre line of Quinns Road; and

(g)

continues generally east along the centre line of Quinns Road to its intersection with the centre line of Wanneroo Road; and

(h)

continues generally south-east along the centre line of Wanneroo Road to its intersection with the centre line of Pinjar Road; and

(i)

continues generally north-east along the centre line of Pinjar Road to its intersection with the centre line of Caporn Street; and

(j)

continues generally east along the centre line of Caporn Street to its intersection with the centre line of Franklin Road; and

(k)

continues generally south along the centre line of Franklin Road to its intersection with the intersection of the centre line of Trichet Road; and

(l)

continues generally east along the centre line of Trichet Road to its intersection with the centre line of Hawkins Road; and

(m)

continues generally south along the centre line of Hawkins Road to its intersection with the centre line of Ross Street; and

(n)

continues generally east along the centre line of Ross Street to its intersection with the centre line of Sydney Road; and

(o)

continues generally south and south-east along the centre line of Sydney Road to its intersection with the centre line of Joyce Road; and

(p)

continues generally east along the centre line of Joyce Road and its prolongation easterly to the intersection with the eastern boundary of 505158761 Wanneroo (C) — North-East statistical local area (approximate AMG Zone 50 coordinate 394 220E 6 485 080N); and

(q)

continues generally south by part of the eastern boundary of 505158761 Wanneroo (C) — North-East statistical local area to the intersection of Gnangara Road and Sydney Street.

ENERGY GRANTS (CREDITS) SCHEME REGULATIONS 2003
Schedule 5 Adelaide metropolitan area

(paragraph 6 (e))

101 The Adelaide metropolitan area includes each of the following statistical local areas:
405150070 Adelaide (C)
405150701 Burnside (C) — North-East
405150704 Burnside (C) — South-West
405150911 Campbelltown (C) — East
405150914 Campbelltown (C) — West
405101061 Charles Sturt (C) — Coastal
405101064 Charles Sturt (C) — Inner East
405101065 Charles Sturt (C) — Inner West
405101068 Charles Sturt (C) — North-East
405055681 East Central (C)
405052030 Gawler (M)
405202601 Holdfast Bay (C) — North
405202604 Holdfast Bay (C) — South
405204061 Marion (C) — Central
405204064 Marion (C) — North
405204065 Marion (C) — South
405204341 Mitcham (C) — Hills
405204344 Mitcham (C) — North-East
405204345 Mitcham (C) — West
405155291 Norwood Petersham St Peters (C) — East
405155294 Norwood Petersham St Peters (C) — West
405205341 Onkaparinga (C) — Hackham
405205343 Onkaparinga (C) — Morphett

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405205344 Onkaparinga (C) — North Coast
405205345 Onkaparinga (C) — Reservoir
405205346 Onkaparinga (C) — South Coast
405205347 Onkaparinga (C) — Woodcroft
405055681 Playford (C) — East Central
405055683 Playford (C) — Elizabeth
405055686 Playford (C) — West
405055688 Playford (C) — West Central
405105895 Port Adel. Enfield (C) — Coast
405055891 Port Adel. Enfield (C) — East
405055894 Port Adel. Enfield (C) — Inner
405105898 Port Adel. Enfield (C) — Port
405156510 Prospect (C)
405057148 Salisbury (C) Bal
405057141 Salisbury (C) — Central
405057143 Salisbury (C) — Inner North
405057144 Salisbury (C) — North-East
405057146 Salisbury (C) — South-East
405057701 Tea Tree Gully (C) — Central
405057704 Tea Tree Gully (C) — Hills
405057705 Tea Tree Gully (C) — North
405057708 Tea Tree Gully (C) — South
405157981 Unley (C) — East
405157984 Unley (C) — West
405158260 Walkerville (M)
405108411 West Torrens (C) — East
405108414 West Torrens (C) — West
405108899 Unincorporated Western

ENERGY GRANTS (CREDITS) SCHEME REGULATIONS 2003
Schedule 6 Canberra metropolitan area

(paragraph 6 (f))

101 The Canberra metropolitan area includes each of the following statistical local areas:
805050089 Acton
805050189 Ainslie
805400239 Amaroo
805100279 Aranda
805250339 Banks
805350369 Barton
805100459 Belconnen Town Centre
805250609 Bonython
805050639 Braddon
805100729 Bruce
805250819 Calwell
805050909 Campbell
805201089 Chapman
805101179 Charnwood
805151269 Chifley
805251359 Chisholm
805051449 City (Canberra)
805251549 Conder
805101629 Cook
805151719 Curtin
805351809 Deakin
805051889 Dickson
805051989 Downer
805202079 Duffy
805102139 Dunlop
805052169 Duntroon
805102259 Evatt
805252349 Fadden
805152439 Farrer
805202529 Fisher
805102619 Florey
805102709 Flynn
805352789 Forrest
805102889 Fraser
805352979 Fyshwick
805153069 Garran
805253159 Gilmore
805103249 Giralang
805253289 Gordon
805253339 Gowrie
805253379 Greenway
805353429 Griffith
805053609 Hackett
805353789 Harman
805103879 Hawker

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805103969 Higgins
805204059 Holder
805104149 Holt
805154239 Hughes
805154419 Isaacs
805254509 Isabella Plains
805104779 Kaleen
805254869 Kambah
805354959 Kingston
805105139 Latham
805055229 Lyneham
805155319 Lyons
805255489 Macarthur
805105589 Macgregor
805105679 Macquarie
805155859 Mawson
805105409 McKellar
805105949 Melba
805406039 Mitchell
805256129 Monash
805356219 Narrabundah
805406249 Ngunnawal
805406279 Nicholls
805056389 O'Connor
805156489 O'Malley
805256579 Oxley
805106669 Page
805406719 Palmerston
805356759 Parkes
805156849 Pearce
805156939 Phillip
805357119 Red Hill
805057209 Reid
805257289 Richardson
805207389 Rivett
805057479 Russell
805107569 Scullin
805107659 Spence
805207749 Stirling
805258019 Theodore
805158109 Torrens
805058289 Turner
805258379 Wanniassa
805208469 Waramanga
805058559 Watson
805108649 Weetangera
805208739 Weston
805358919 Yarralumla

ENERGY GRANTS (CREDITS) SCHEME REGULATIONS 2003
Schedule 7 Specified amounts per litre

(regulations 11 and 12)

Part 1 On-road diesel fuel

Type of fuel	Amount per litre
On-road diesel fuel	$0.18510 per litre

Part 2 On-road alternative fuel

Type of fuel	Amount per litre
Liquefied petroleum gas	$0.11925 per litre
Ethanol	$0.20809 per litre
Compressed natural gas	$0.12617 per cubic metre
Liquefied natural gas	$0.0813 per litre
Biodiesel	$0.18510 per litre
A fuel that: (a) is made up of biodiesel and diesel; and (b) complies with subparagraph 7 (c) (ii)	$0.18510 per litre

Part

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3 Off-road diesel fuel

1.   For off-road diesel fuel of a kind specified in paragraph 9 (1) (a)

Qualifying uses of fuel	Amount per litre
Use in mining operations or in primary production (other than agriculture) as specified in subsection 53 (2) of the Act	For a claim made between 1 July 2003 and 31 December 2005 (inclusive) — $0.38143 per litre
Use in mining operations or in primary production (including agriculture) as specified in subsection 53 (2) of the Act	For a claim made on or after 1 January 2006 — $0.38143 per litre
Use in agriculture (otherwise than for the purpose of propelling a road vehicle on a public road)	For a claim made between 1 July 2003 and 31 December 2003 (inclusive) — $0.38143 per litre plus $0.00714 per litre For a claim made between 1 January 2004 and 30 June 2004 (inclusive) — $0.38143 per litre plus $0.01143 per litre For a claim made between 1 July 2004 and 31 December 2004 (inclusive) — $0.38143 per litre plus $0.00857 per litre For a claim made between 1 January 2005 and 30 June 2005 (inclusive) — $0.38143 per litre plus a second amount of $0.00571 per litre For a claim made between 1 July 2005 and 31 December 2005 (inclusive) — $0.38143 per litre plus a second amount of $0.00286 per litre
Use in rail transport or use in marine transport as specified in subsection 53 (3) of the Act	$0.38143 per litre
Use at the premises, and for the purposes, specified in subsection 53 (4) of the Act	$0.38143 per litre
Use as an ingredient in the manufacture of explosives, as specified in paragraph 53 (5) (c) of the Act	$0.38143 per litre
A use that qualifies under subsection 53 (6) of the Act	$0.38143 per litre

2.   For off-road diesel fuel of a kind specified in paragraph 9 (1) (b)

Qualifying use of fuel	Amount per litre
Use in mining operations or in primary production as specified in subsection 53 (2) of the Act	$0.07557 per litre
Use in rail transport or use in marine transport as specified in subsection 53 (3) of the Act	$0.07557 per litre
Use at the premises, and for the purposes, specified in subsection 53 (4) of the Act	$0.07557 per litre
A use that qualifies under paragraph 53 (5) (a) or (b) of the Act	$0.07557 per litre

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3.   For off-road diesel fuel of a kind specified in paragraph 9 (1) (c)

Qualifying use of fuel	Amount per litre
Use otherwise than in an internal combustion engine (subsection 53 (7) of the Act)	$0.30586 per litre

4.   For off-road diesel fuel of a kind specified in paragraph 9 (1) (d)

Qualifying uses of fuel	Amount per litre
Use in mining operations or in primary production (other than agriculture) as specified in subsection 53 (2) of the Act	For a claim made between 1 July 2003 and 31 December 2005 (inclusive) — $0.38143 per litre
Use in mining operations or in primary production (including agriculture) as specified in subsection 53 (2) of the Act	For a claim made on or after 1 January 2006 — $0.38143 per litre
Use in agriculture (otherwise than for the purpose of propelling a road vehicle on a public road)	For a claim made between 1 July 2003 and 31 December 2003 (inclusive) — $0.38143 per litre plus $0.00714 per litre For a claim made between 1 January 2004 and 30 June 2004 (inclusive) — $0.38143 per litre plus $0.01143 per litre For a claim made between 1 July 2004 and 31 December 2004 (inclusive) — $0.38143 per litre plus $0.00857 per litre For a claim made between 1 January 2005 and 30 June 2005 (inclusive) — $0.38143 per litre plus a second amount of $0.00571 per litre For a claim made between 1 July 2005 and 31 December 2005 (inclusive) — $0.38143 per litre plus a second amount of $0.00286 per litre
Use in rail transport or use in marine transport as specified in subsection 53 (3) of the Act	$0.38143 per litre
Use at the premises, and for the purposes, specified in subsection 53 (4) of the Act	$0.38143 per litre
Use as an ingredient in the manufacture of explosives, as specified in paragraph 53 (5) (c) of the Act	$0.38143 per litre
A use that qualifies under subsection 53 (6) of the Act	$0.38143 per litre

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5.   For off-road diesel fuel of a kind specified in paragraph 9 (1) (e)

Qualifying use of fuel	Amount per litre
A use that qualifies under subsection 53 (6) of the Act	$0.38143 per litre

ENERGY GRANTS (CREDITS) SCHEME REGULATIONS 2003
Schedule 8 Methods of working out quantity of fuel

(regulation 13)

Part 1 General rules

1.1 Definitions

In this Schedule:

disqualifying use is an actual use of fuel mentioned in paragraph (a), (b) or (c) of section 49 or 55 of the Act.

on-road fuel means on-road diesel fuel and on-road alternative fuel.

quantity of fuel means the number of whole litres of on-road diesel fuel, on-road alternative fuel or off-road diesel fuel.

sample percentage, in relation to total quantity of fuel of a class mentioned in subclause 1.2 (2) that you purchased or imported into Australia in the sample period, means the quantity of that fuel that you actually used for a qualifying use, expressed as a percentage of the total quantity of the fuel.

sample period means the sample period mentioned in clause 3.2.1.

1.2 General rules for working out quantity of fuel

(1)

For any method prescribed by this Schedule for the purpose of subsection 57 (5) of the Act, the following general rules apply.

Working out quantity of fuel

(2)

You must work out the quantity of fuel separately for each of the following classes:

(a)

each type of fuel actually used or proposed to be used;

(b)

all off-road diesel fuel actually used or proposed to be used;

(c) all on-road fuel actually used or proposed to be used.

Note   Under the Act, quantities are to be in whole litres.

(3)

You must use only 1 method of working out the quantity of fuel.

Apportionment of fuel

(4)

For the purpose of working out, in respect of a vehicle or piece of equipment, the quantity of fuel used, fuel may be apportioned between qualifying uses and disqualifying uses by reference to:

(a)

kilometres actually travelled by the vehicle (taken from odometer readings); or

(b)

if the vehicle operates on fixed routes, route distances (instead of kilometres travelled); or

(c)

hours that the vehicle or piece of equipment was operated; or

(d)

another appropriate measure.

Note   Subclause (4) prescribes the commonly used

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methods of apportionment. However, because of the diverse range of activities that qualify for a grant, it is not possible to prescribe every possible measure a claimant can apply to apportion use of fuel. For example, where the fuel is used to power a generator for the purpose of generating electricity, an acceptable method of apportionment of qualifying and disqualifying uses would be by reference to kilowatt hours of electricity generated.
The claimant determines the measure of apportionment and demonstrates to the Commissioner that the measure chosen to apportion fuel use was appropriate to their circumstances.

Part 2 Basic calculation methods

2.1 General

(1)

You may work out the quantity of fuel you propose to use or actually used for a qualifying use in a claim period by using a basic calculation method.

(2)

The basic calculation methods are the constructive method and the deductive method.

2.2 Keeping of records

(1) In order to use the constructive method, you must have records of:

(a)

the total quantity of fuel of each class mentioned in subclause 1.2 (2) that you purchased or imported into Australia in the claim period; and

(b) the quantity of fuel of each of those classes that you actually used for a qualifying use in the claim period; and

(c)

the quantity of fuel of each of those classes that you propose to use for a qualifying use in the claim period; and

(d)

each qualifying use in the claim period.

(2)

In order to use the deductive method, you must have records of:

(a)

the total quantity of fuel of each class mentioned in subclause 1.2 (2) that you purchased or imported into Australia in the claim period; and

(b)

the quantity of fuel of each of those classes that you actually used for a disqualifying use in the claim period; and

(c)

the quantity of fuel of each of those classes that you propose to use for a disqualifying use in the claim period; and

(d)

each disqualifying use in the claim period.

Note   You are required by section 27A of the Product Grants and Benefits Administration Act 2000 to notify the Commissioner of any disqualifying use of fuel.

2.3 The constructive method

Constructive method — actual use

(1)

The constructive method of working out the quantity of fuel of a class mentioned in subclause 1.2 (2) that you actually used for a qualifying use in a claim period requires you to add up the quantity of fuel in that class that you actually used for a qualifying use in the claim period.

Note   See subclause 1.2 (2) for general rules for working out quantity of fuel.

Constructive method — proposed use

(2)

The constructive method of working out the quantity of fuel of a class mentioned in subclause 1.2 (2) that you propose to use for a qualifying use in a claim period requires you to add up the quantity of fuel in that class that you propose to use for a qualifying use in the claim period.

Note   See subclause 1.2 (2) for general rules for working out quantity of fuel.

2.4 The deductive method

Deductive method — actual use

(1)

The deductive method of working out the quantity of fuel of a class mentioned in subclause 1.2 (2) that you actually used for a qualifying use in a claim period is:

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where:

total quantity of fuel purchased or imported is the total quantity of fuel of a class mentioned in subclause 1.2 (2) that you purchased or imported into Australia in the claim period.

quantity of disqualified fuel is the quantity of fuel of that class that was actually used for a disqualifying use in the claim period.

Note   See subclause 1.2 (2) for general rules for working out quantity of fuel.

Deductive method — proposed use

(2)

The deductive method of working out the quantity of fuel of a class mentioned in subclause 1.2 (2) that you propose to use for a qualifying use in a claim period is:

where:

total quantity of fuel purchased or imported is the total quantity of fuel of a class mentioned in subclause 1.2 (2) that you purchased or imported into Australia in the claim period.

proposed quantity of disqualified fuel is the quantity of fuel of that class that you propose to use for a disqualifying use in the claim period.

Part 3 Variations of the basic calculation methods

Division 1 General

3.1.1 General

(1)

You may work out the quantity of fuel you actually used, or propose to use, for a qualifying use in a claim period using a variation of a basic calculation method.

(2)

The variations of the basic calculation methods are the percentage use method and the small claimants method.

3.1.2 Keeping of records

(1) In order to use the percentage use method or the small claimants method, you must have records of:

(a)

the quantity of fuel of each class mentioned in subclause 1.2 (2) that you purchased or imported into Australia:

(i)

if you are using the percentage use method — in the sample period; and

(ii)

in any other case — in the claim period; and

(b) the quantity of fuel of each of those classes that you used for a qualifying use or disqualifying use:

(i)

if you are using the percentage use method — in the sample period; and

(ii)

in any other case — in the claim period; and

(c) each qualifying use and disqualifying use:

(i)

if you are using the percentage use method — in the sample period; and

(ii)

in any other case — in the claim period.

Note   You are required by section 27A of the Product Grants and Benefits Administration Act 2000 to notify the Commissioner of any disqualifying use of fuel.

(2)

If, in a claim period, 2 or more of your vehicles travel different routes or 2 or more pieces of your equipment are used in different ways, you must keep separate records for the purpose of working out the sample percentage.

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Division 2 The percentage use method

3.2.1 How to use the percentage use method

(1)

You may use the percentage use method to work out the quantity of fuel of a class mentioned in subclause 1.2 (2) that you actually used, or propose to use, for a qualifying use in a claim period by reference to your use of that fuel in a sample period.

(2)

The sample period must be:

(a)

a continuous period of at least 12 weeks in a claim period; and

(b)

representative of your fuel usage patterns in the claim period.

(3)

For subclause (1), the quantity of fuel of a class mentioned in subclause 1.2 (2) that you actually used for a qualifying use in the sample period may be worked out using the constructive method or the deductive method.

3.2.2 The percentage use method

The percentage use method of working out the quantity of fuel of a class mentioned in subclause 1.2 (2) that you actually used, or propose to use, for a qualifying use in a claim period is:

where:

total quantity of fuel purchased or imported in a claim period is the total quantity of fuel of a class mentioned in subclause 1.2 (2) that you purchased or imported into Australia in a claim period.

3.2.3 Alternative application of percentage use method

(1) If, in a claim period, 2 or more of your vehicles travel similar routes or 2 or more pieces of your equipment are used in a similar way:

(a)

you may work out the sample percentage by reference to 1 of the vehicles or pieces of equipment; and

(b)

the sample percentage may be applied to the other vehicles or pieces of equipment.

(2)

You must be able to substantiate the reasonableness of applying the sample percentage to:

(a)

a fleet of vehicles; or

(b)

a number of pieces of equipment.

(3)

You must work out the sample percentage separately for fuel of each class mentioned in subclause 1.2 (2).

3.2.4 When you may rely on a sample percentage already worked out

For the purpose of the calculation in clause 3.2.2, you may use the sample percentage you worked out in an earlier claim period in relation to fuel of a class mentioned in subclause 1.2 (2) if:

(a)

your pattern of usage of fuel of that class is substantially the same as in the earlier claim period; and

(b)

the claim is made within 5 years after the end of the earlier claim period; and

(c)

clause 3.2.5 does not require you to work out a new sample percentage.

3.2.5 When you need to work out a new sample percentage

(1)

For the purpose of the calculation in clause 3.2.2, you must work out a new sample percentage if your pattern of usage in the current claim period of fuel of a class mentioned in subclause 1.2 (2) has substantially changed since the end of the sample period in:

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(a)

the current claim period; or

(b)

an earlier claim period.

(2) For the purpose of the calculation in clause 3.2.2 in a particular claim period, if:

(a)

subclause (3) or (4) does not apply; or

(b)

you do not have a current sample percentage;

you must work out a new sample percentage for that claim period.

(3) For the purpose of the calculation in clause 3.2.2 in a particular claim period, if:

(a)

the total of your claims for payment of an energy grant in:

+ (i) the first 12 months after you first calculated your sample percentage; or

(ii)

any of the periods of 12 months starting on the anniversary of first calculating your sample percentage;

is less than $10 000; and

(b)

the claim period is within 60 months after you first calculated your sample percentage; and

(c)

subclause (1) does not apply;

you may use the sample percentage for that claim period.

(4) For the purpose of the calculation in clause 3.2.2 in a particular claim period, if:

(a)

the total of your claims for payment of an energy grant in the first 12 months after you first calculated your sample percentage is at least $10 000; and

(b)

the claim period is within 12 months after you first calculated your sample percentage; and

(c)

subclause (1) does not apply;

you may use the sample percentage for that claim period.

Division 3 The small claimants method

3.3.1 How to use the small claimants method

You may use the small claimants method to make a claim for payment of an energy grant for all or part of a claim period for actual use, or proposed use, of fuel of a class mentioned in subclause 1.2 (2) only if making the claim using that method would not result in the total amount of claims for payment of an energy grant being more than $5 000 in the current financial year.

3.3.2 The small claimants method

The small claimants method of working out the quantity of fuel of a class mentioned in subclause 1.2 (2) that you actually used, or propose to use, for a qualifying use in a claim period requires you to make a reasonable estimate of the quantity of fuel actually used for a qualifying use in the claim period.

ENERGY GRANTS (CREDITS) SCHEME REGULATIONS 2003
Notes to the Energy Grants (Credits) Scheme Regulations 2003

Note 1

The Energy Grants (Credits) Scheme Regulations 2003 (in force under the Energy Grants (Credits) Scheme Act 2003) as shown in this compilation comprise Statutory Rules 2003 No. 179 amended as indicated in the Tables below.

Table of Statutory Rules

Year and number	Date of notification in Gazette	Date of commencement	Application, saving or transitional provisions
2003 No. 179	30 June 2003	1 July 2003
2003 No. 242	18 Sept 2003	18 Sept 2003	—
2003 No. 371	23 Dec 2003	23 Dec 2003	—

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
R. 7	am. 2003 No. 242
R. 9	am. 2003 Nos. 242 and 371
R. 10	rs. 2003 No. 371
Schedule 7	am. 2003 Nos. 242 and 371
Schedule 8	am. 2003 No. 371