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This is a Bill, not an Act. For current law, see the Acts databases.

CLEAN ENERGY (CUSTOMS TARIFF AMENDMENT) BILL 2011

2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Clean Energy (Customs Tariff
Amendment) Bill 2011
No. , 2011
(Home Affairs)
A Bill for an Act to amend the Customs Tariff Act
1995, and for related purposes
i Clean Energy (Customs Tariff Amendment) Bill 2011 No. , 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Customs Tariff Act 1995
3
Part 1--Rates of duty on 1 July 2012
3
Division 1--Gasoline for use as fuel in aircraft
3
Division 2--Kerosene for use as fuel in aircraft
4
Division 3--Compressed natural gas compressed for certain uses
6
Division 4--Application of amendments made by this Part
7
Part 2--Rates on and after 1 July 2013
8
Clean Energy (Customs Tariff Amendment) Bill 2011 No. , 2011 1
A Bill for an Act to amend the Customs Tariff Act
1
1995, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Clean Energy (Customs Tariff
5
Amendment) Act 2011.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2 Clean Energy (Customs Tariff Amendment) Bill 2011 No. , 2011
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1,
Part 1
1 July 2012.
However, the provision(s) do not commence
at all if section 3 of the Clean Energy Act
2011 does not commence on or before 1 July
2012.
3. Schedule 1,
Part 2
At the same time as Schedule 2 to the Clean
Energy (Excise Tariff Legislation
Amendment) Act 2011 commences.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
Customs Tariff Act 1995 Schedule 1
Rates of duty on 1 July 2012 Part 1
Clean Energy (Customs Tariff Amendment) Bill 2011 No. , 2011 3
Schedule 1--Customs Tariff Act 1995
1
Part 1--Rates of duty on 1 July 2012
2
Division 1--Gasoline for use as fuel in aircraft
3
1 Schedule 3 (subheading 2710.12.61, column 3)
4
Omit "$0.03556/L" (wherever occurring), substitute "$0.08616/L".
5
2 Schedule 3 (subheading 2710.91.61, column 3)
6
Omit "$0.03556/L" (wherever occurring), substitute "$0.08616/L".
7
3 Schedule 3 (subheading 2710.99.61, column 3)
8
Omit "$0.03556/L" (wherever occurring), substitute "$0.08616/L".
9
4 Schedule 5 (cell at table item 60, column 3)
10
Repeal the cell, substitute:
11
$0.08616/L
5 Schedule 5 (cell at table item 80, column 3)
12
Repeal the cell, substitute:
13
$0.08616/L
6 Schedule 5 (cell at table item 92, column 3)
14
Repeal the cell, substitute:
15
$0.08616/L
7 Schedule 6 (cell at table item 63, column 3)
16
Repeal the cell, substitute:
17
$0.08616/L
8 Schedule 6 (cell at table item 83, column 3)
18
Repeal the cell, substitute:
19
$0.08616/L
9 Schedule 6 (cell at table item 95, column 3)
20
Repeal the cell, substitute:
21
Schedule 1 Customs Tariff Act 1995
Part 1 Rates of duty on 1 July 2012
4 Clean Energy (Customs Tariff Amendment) Bill 2011 No. , 2011
$0.08616/L
10 Schedule 7 (cell at table item 62, column 3)
1
Repeal the cell, substitute:
2
$0.08616/L
11 Schedule 7 (cell at table item 82, column 3)
3
Repeal the cell, substitute:
4
$0.08616/L
12 Schedule 7 (cell at table item 94, column 3)
5
Repeal the cell, substitute:
6
$0.08616/L
13 Schedule 8 (cell at table item 68, column 3)
7
Repeal the cell, substitute:
8
$0.08616/L
14 Schedule 8 (cell at table item 88, column 3)
9
Repeal the cell, substitute:
10
$0.08616/L
15 Schedule 8 (cell at table item 100, column 3)
11
Repeal the cell, substitute:
12
$0.08616/L
Division 2--Kerosene for use as fuel in aircraft
13
16 Schedule 3 (subheading 2710.19.40, column 3)
14
Omit "$0.03556/L" (wherever occurring), substitute "$0.09536/L".
15
17 Schedule 3 (subheading 2710.91.40, column 3)
16
Omit "$0.03556/L" (wherever occurring), substitute "$0.09536/L".
17
18 Schedule 3 (subheading 2710.99.40, column 3)
18
Omit "$0.03556/L" (wherever occurring), substitute "$0.09536/L".
19
19 Schedule 5 (cell at table item 66, column 3)
20
Customs Tariff Act 1995 Schedule 1
Rates of duty on 1 July 2012 Part 1
Clean Energy (Customs Tariff Amendment) Bill 2011 No. , 2011 5
Repeal the cell, substitute:
1
$0.09536/L
20 Schedule 5 (cell at table item 76, column 3)
2
Repeal the cell, substitute:
3
$0.09536/L
21 Schedule 5 (cell at table item 88, column 3)
4
Repeal the cell, substitute:
5
$0.09536/L
22 Schedule 6 (cell at table item 69, column 3)
6
Repeal the cell, substitute:
7
$0.09536/L
23 Schedule 6 (cell at table item 79, column 3)
8
Repeal the cell, substitute:
9
$0.09536/L
24 Schedule 6 (cell at table item 91, column 3)
10
Repeal the cell, substitute:
11
$0.09536/L
25 Schedule 7 (cell at table item 68, column 3)
12
Repeal the cell, substitute:
13
$0.09536/L
26 Schedule 7 (cell at table item 78, column 3)
14
Repeal the cell, substitute:
15
$0.09536/L
27 Schedule 7 (cell at table item 90, column 3)
16
Repeal the cell, substitute:
17
$0.09536/L
28 Schedule 8 (cell at table item 74, column 3)
18
Repeal the cell, substitute:
19
$0.09536/L
Schedule 1 Customs Tariff Act 1995
Part 1 Rates of duty on 1 July 2012
6 Clean Energy (Customs Tariff Amendment) Bill 2011 No. , 2011
29 Schedule 8 (cell at table item 84, column 3)
1
Repeal the cell, substitute:
2
$0.09536/L
30 Schedule 8 (cell at table item 96, column 3)
3
Repeal the cell, substitute:
4
$0.09536/L
Division 3--Compressed natural gas compressed for
5
certain uses
6
31 Schedule 3 (Chapter 27, Additional Note 5)
7
Repeal the Additional Note, substitute:
8
5.- For the purposes of 2711.21.20, carbon-rated compressed natural
9
gas means compressed natural gas that:
10
(a) was compressed for use other than as a fuel for a motor
11
vehicle; or
12
(b) was compressed for use as a fuel for a motor vehicle that:
13
(i) is designed merely to move goods with a forklift and is
14
for use primarily off public roads; or
15
(ii) is of a kind prescribed by the regulations for the
16
purposes of this subparagraph.
17
32 Schedule 3 (Chapter 27, Additional Note 6)
18
After "2711.21.10", insert "and 2711.21.20".
19
33 Schedule 3 (Chapter 27, Additional Note 6)
20
Omit "CNG", substitute "compressed natural gas".
21
34 Schedule 3 (subheading 2711.21.10, the description of
22
goods in column 2)
23
Repeal the description, substitute:
24
Compressed natural gas, other than carbon-rated
compressed natural gas as defined in Additional
Note 5 to this Chapter
35 Schedule 3 (after subheading 2711.21.10)
25
Insert:
26
Customs Tariff Act 1995 Schedule 1
Rates of duty on 1 July 2012 Part 1
Clean Energy (Customs Tariff Amendment) Bill 2011 No. , 2011 7
2711.21.20
---Carbon-rated compressed natural gas as defined in
Additional Note 5 to this Chapter
$0.0667/kg
NZ/PG/FI/DC/
LDC/SG:
$0.0667/kg
36 Schedule 5 (after table item 97AD)
1
Insert:
2
97AE 2711.21.20
$0.0667/kg
37 Schedule 6 (after table item 100AD)
3
Insert:
4
100AE 2711.21.20
$0.0667/kg
38 Schedule 7 (after table item 99D)
5
Insert:
6
99E 2711.21.20
$0.0667/kg
39 Schedule 8 (after table item 105D)
7
Insert:
8
105E 2711.21.20
$0.0667/kg
Division 4--Application of amendments made by this
9
Part
10
40 Application
11
The amendments made by this Part apply in relation to:
12
(a) goods imported into Australia on or after the commencement
13
of this Part; and
14
(b) goods imported into Australia before that commencement,
15
where the time for working out the rate of import duty on the
16
goods has not occurred before that commencement.
17
18
Schedule 1 Customs Tariff Act 1995
Part 2 Rates on and after 1 July 2013
8 Clean Energy (Customs Tariff Amendment) Bill 2011 No. , 2011
Part 2--Rates on and after 1 July 2013
1
41 After section 19
2
Insert:
3
19A Changes of rates of duty
4
Gasoline for use as fuel in aircraft
5
(1) If, because of section 6FA of the Excise Tariff Act 1921, that Act
6
has effect as if on a day a rate (the replacement rate) were
7
substituted for another rate in subitem 10.6 of the Schedule to that
8
Act, this Act has effect as if on that day the replacement rate were
9
substituted for each rate of duty set out in each of the following:
10
(a) subheading 2710.12.61 in Schedule 3;
11
(b) subheading 2710.91.61 in Schedule 3;
12
(c) subheading 2710.99.61 in Schedule 3;
13
(d) a table item that is in Schedule 5, 6, 7 or 8 and relates to a
14
subheading described in paragraph (a), (b) or (c).
15
Kerosene for use as fuel in aircraft
16
(2) If, because of section 6FB of the Excise Tariff Act 1921, that Act
17
has effect as if on a day a rate (the replacement rate) were
18
substituted for another rate in subitem 10.17 of the Schedule to that
19
Act, this Act has effect as if on that day the replacement rate were
20
substituted for each rate of duty set out in each of the following:
21
(a) subheading 2710.19.40 in Schedule 3;
22
(b) subheading 2710.91.40 in Schedule 3;
23
(c) subheading 2710.99.40 in Schedule 3;
24
(d) a table item that is in Schedule 5, 6, 7 or 8 and relates to a
25
subheading described in paragraph (a), (b) or (c).
26
Compressed natural gas compressed for certain uses
27
(3) If, because of section 6H of the Excise Tariff Act 1921, that Act has
28
effect as if on a day a rate (the replacement rate) were substituted
29
for another rate in subitem 10.19D of the Schedule to that Act, this
30
Act has effect as if on that day the replacement rate were
31
substituted for each rate of duty set out in each of the following:
32
(a) subheading 2711.21.20 in Schedule 3;
33
Customs Tariff Act 1995 Schedule 1
Rates on and after 1 July 2013 Part 2
Clean Energy (Customs Tariff Amendment) Bill 2011 No. , 2011 9
(b) a table item that is in Schedule 5, 6, 7 or 8 and relates to
1
subheading 2711.21.20 in Schedule 3.
2
Application of replacement rate
3
(4) If, because of subsection (1), (2) or (3), this Act has effect as if the
4
replacement rate were substituted on a day for another rate, the
5
replacement rate applies in relation to:
6
(a) goods imported into Australia on or after that day; and
7
(b) goods imported into Australia before that day, where the time
8
for working out the rate of import duty on the goods has not
9
occurred before that day.
10
Publication of replacement rate
11
(5) If, because of subsection (1), (2) or (3), this Act has effect as if the
12
replacement rate were substituted on a day for another rate, the
13
Chief Executive Officer must, on or as soon as practicable after
14
that day, publish for the information of the public a notice in the
15
Gazette advertising the replacement rate and the goods it applies
16
to.
17

 

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