Excise Amendment Regulations 2002 (No. 2)1
Statutory Rules 2002 No. 3512
I, PETER JOHN HOLLINGWORTH, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Excise Act 1901.
Dated 19 December 2002
PETER HOLLINGWORTH
Governor-General
By His Excellency’s Command
HELEN COONAN
Minister for Revenue and Assistant Treasurer

1	Name of Regulations
		These Regulations are the Excise Amendment Regulations 2002 (No. 2).
2	Commencement
		These Regulations commence on gazettal.
3	Amendment of Excise Regulations 1925
		Schedule 1 amends the Excise Regulations 1925.

Schedule 1	Amendments
(regulation 3)
  
[1]	Sub-subparagraph 50 (1) (zzd) (ii) (B)
omit
365.
insert
365;
[2]	After paragraph 50 (1) (zzd)
insert
	(zze)	excise duty has been paid on fuel oil that: 
	(i)	is delivered for home consumption on or after 1 July 2003; and 
	(ii)	was used at a place: 
	(A)	that is not supplied by natural gas; or 
	(B)	at which natural gas is not readily available; or 
	(C)	at which the ready availability of natural gas has been temporarily interrupted by an event beyond the user’s control; or
	(D)	at which not enough natural gas is available or to which not enough natural gas can be delivered; and
	(iii)	was used in connection with producing steam, at a place at which mining operations relating to bauxite or the Bayer beneficiation process for refining bauxite into alumina are undertaken, for:
	(A)	generating electricity to be used in mining operations relating to bauxite or alumina; or
	(B)	generating electricity for a mining town the existence of which is necessary to allow mining operations relating to bauxite or alumina to take place; or
	(C)	use in the Bayer beneficiation process for refining bauxite into alumina in the course of mining operations.
[3]	After subregulation 50 (6) 
insert
	(7)	For paragraph (1) (zze):
mining operations and mining town have the same meanings as in section 164 of the Customs Act 1901, as in force immediately before the commencement of this subregulation.

Notes
1.	These Regulations amend Statutory Rules 1925 No. 181, as amended by 1926 No. 70; 1928 No. 131; 1929 Nos. 74, 92 and 97; 1930 No. 71; 1931 Nos. 25 and 43; 1932 Nos. 13, 51, 105 and 129; 1933 Nos. 37 and 103; 1934 Nos. 9, 65 and 76; 1936 Nos. 26, 56 and 99; 1939 Nos. 5, 39, 60, 121 and 169; 1940 Nos. 17 and 48; 1941 No. 313; 1942 Nos. 291, 335 and 387; 1943 Nos. 22 and 140; 1944 No. 173; 1945 No. 103; 1946 No. 89; 1947 Nos. 28 and 85; 1948 Nos. 36 and 95; 1949 No. 96; 1950 No. 16; 1951 Nos. 81 and 123; 1952 No. 97; 1953 No. 86; 1954 Nos. 22 and 109; 1955 Nos. 54 and 65; 1956 No. 128; 1958 Nos. 18 and 87; 1959 No. 76; 1960 Nos. 27 and 77; 1961 No. 61; 1962 Nos. 4, 46 and 108; 1963 No. 147; 1965 No. 195; 1966 Nos. 164 and 174; 1967 No. 172; 1969 Nos. 153, 187 and 205; 1970 Nos. 114 and 142; 1971 Nos. 60, 142 and 171; 1972 Nos. 92 and 209; 1973 No. 258; 1974 Nos. 199 and 207; 1975 No. 162; 1978 Nos. 196 and 275; 1979 No. 279; 1980 Nos. 111 and 374; 1981 Nos. 163, 242 and 275; 1982 Nos. 138 and 254; 1983 No. 306; 1984 Nos. 19, 126, 219 and 320; 1985 Nos. 13, 75, 127, 137, 141, 142, 234, 307 and 357; 1986 Nos. 78, 173, 249, 295 and 338; 1987 No. 28, 123, 161 and 212; 1988 Nos. 135, 216 and 388; 1989 Nos. 61, 102, 158, 307, 327 and 408; 1990 Nos. 7, 124, 218, 221, 223 and 236; 1991 Nos. 110, 317 and 383; 1992 Nos. 62, 327, 345 and 446; 1994 Nos. 81 and 316; 1995 Nos. 100, 314, 351 and 425; 1997 Nos. 340, 384, 388 and 423; 1998 Nos. 274, 275 and 277; 1999 Nos. 213 and 265; 2000 Nos. 116, 159, 183, 209, 278, 297, 365 and 366; 2001 Nos. 83 and 223; 2002 No. 43.
2.	Notified in the Commonwealth of Australia Gazette on 20 December 2002.