Federal Register of Legislation - Australian Government

Primary content

SLI 2005 No. 325 Regulations as made
These Regulations amend the Energy Grants (Cleaner Fuels) Scheme Regulations 2004 to provide a grant to importers and domestic producers of premium unleaded petrol with 50 milligrams per kilogram or less sulphur content.
Administered by: Treasury
Registered 19 Dec 2005
Tabling HistoryDate
Tabled HR07-Feb-2006
Tabled Senate07-Feb-2006
Date of repeal 09 Aug 2013
Repealed by Treasury (Spent and Redundant Instruments) Repeal Regulation 2013
Table of contents.

Energy Grants (Cleaner Fuels) Scheme Amendment Regulations 2005 (No. 1)1

Select Legislative Instrument 2005 No. 325

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Energy Grants (Cleaner Fuels) Scheme Act 2004.

Dated 15 December 2005

P. M. JEFFERY

Governor-General

By His Excellency’s Command

MAL BROUGH


1              Name of Regulations

                These Regulations are the Energy Grants (Cleaner Fuels) Scheme Amendment Regulations 2005 (No. 1).

2              Commencement

                These Regulations commence on 1 January 2006.

3              Amendment of Energy Grants (Cleaner Fuels) Scheme Regulations 2004

                Schedule 1 amends the Energy Grants (Cleaner Fuels) Scheme Regulations 2004.


Schedule 1        Amendments

(regulation 3)

  

[1]           Regulation 3, after definition of biodiesel blend

insert

low sulphur PULP means premium unleaded petrol that:

                (a)    has 50 milligrams or less of sulphur content per kilogram; and

               (b)    complies with the applicable fuel standard for premium unleaded petrol, specified in the Fuel Standard (Petrol) Determination 2001 as in force from time to time.

[2]           Regulation 4

substitute

4              Cleaner fuel

                For paragraph (b) of the definition of cleaner fuel in subsection 4 (1) of the Act, the following fuels are prescribed:

                (a)    biodiesel blend;

               (b)    low sulphur PULP.

[3]           Regulation 5, table, after item 1

insert

2

Low sulphur PULP

1 January 2006

31 December 2007

[4]           After regulation 7

insert

7A           Grant amount — low sulphur PULP

         (1)   For subsection 8 (1A) of the Act, the amount of grant to which a claimant is entitled for the quantity of low sulphur PULP to which a claim relates is:

where:

volume means the volume, in litres, of the low sulphur PULP, worked out in accordance with subregulation 8 (2).

returns means the volume, in litres, of low sulphur PULP returned to the claimant during the claim period, worked out in accordance with subregulation 8 (2), subject to subregulation (2).

grant rate means 1.1 cents per litre.

previous grant means the total amount of cleaner fuel grant worked out in relation to any low sulphur PULP, contained within the quantity of low sulphur PULP to which the claim relates, for which any provisional entitlements arose before the qualifying time under section 5 of the Act, other than any cleaner fuel grant worked out in relation to an amount of low sulphur PULP that is part of the low sulphur PULP mentioned in the definition of returns for any claim period.

Note   A quantity of low sulphur PULP might contain some components of fuel for which provisional entitlements arose before the qualifying time under section 5 of the Act.

         (2)   For the definition of returns in subregulation (1):

                (a)    a quantity of low sulphur PULP returned to the claimant must satisfy the following conditions:

                          (i)    the claimant must be provisionally entitled to a cleaner fuel grant under section 5 of the Act in relation to the low sulphur PULP;

                         (ii)    the low sulphur PULP must have been returned to the claimant after the provisional entitlement arose;

                         (iii)    as a consequence of the return of the low sulphur PULP, the claimant is entitled to:

                                   (A)     a refund of excise duty under paragraph 50 (1) (v) of the Excise Regulations 1925; or

                                   (B)     a refund of customs duty under paragraph 126 (1) (p) of the Customs Regulations 1926; and

               (b)    if low sulphur PULP is returned to the claimant mixed with other fuel, the volume is the volume of the component of the mixture that is low sulphur PULP.

         (3)   In this regulation:

claim period, in relation to a grant, has the meaning given by section 12 of the Product Grants and Benefits Administration Act 2000.

[5]           Subregulation 8 (1)

omit

         (1)   This regulation

insert

         (1)   In relation to biodiesel and biodiesel blend, this regulation

[6]           Subregulation 8 (2)

omit

6 and 7,

insert

6, 7 and 7A,


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.