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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Excise Tariff Amendment (Ethanol and
Biodiesel) Bill 2015
No. , 2015
(Treasury)
A Bill for an Act to amend the Excise Tariff Act
1921, and for related purposes
No. , 2015
Excise Tariff Amendment (Ethanol and Biodiesel) Bill 2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Excise Tariff Act 1921
3
No. , 2015
Excise Tariff Amendment (Ethanol and Biodiesel) Bill 2015
1
A Bill for an Act to amend the Excise Tariff Act
1
1921, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Excise Tariff Amendment (Ethanol
5
and Biodiesel) Act 2015.
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
Excise Tariff Amendment (Ethanol and Biodiesel) Bill 2015
No. , 2015
Commencement information
Column 1
Column 2
Column 3
Provisions
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
At the same time as Part 2 of Schedule 1 to
the Energy Grants and Other Legislation
Amendment (Ethanol and Biodiesel) Act
2015 commences.
1 July 2015
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 Schedules
7
Legislation 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repealed as set out in the applicable items in the Schedule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
Amendments Schedule 1
No. , 2015
Excise Tariff Amendment (Ethanol and Biodiesel) Bill 2015
3
Schedule 1
--Amendments
1
2
Excise Tariff Act 1921
3
1 Subsection 3(1) (definition of biodiesel)
4
Repeal the definition, substitute:
5
biodiesel means mono-alkyl esters of fatty acids of a kind used as a
6
fuel, derived from animal or vegetable fats or oils whether or not
7
used.
8
2 Subsection 3(1)
9
Insert:
10
diesel does not include biodiesel.
11
3 Subsection 6G(1)
12
Omit "10.11,".
13
4 After section 6G
14
Insert:
15
6H Rate of duty payable on denatured ethanol
16
(1) For the purposes of subitem 10.20 of the Schedule, the rate of duty
17
is the following rate rounded to 3 decimal places (rounding up if
18
the next decimal place is 5 or more):
19
20
Rate for denatured ethanol for use as fuel in an internal combustion engine
Item
For the financial year
starting on:
the rate is the rate per litre equal to this
percentage of the rate in subitem 10.5 of
the Schedule:
1
1 July 2015
0%
2
1 July 2016
6.554%
3
1 July 2017
13.108%
4
1 July 2018
19.662%
5
1 July 2019
26.216%
Schedule 1 Amendments
4
Excise Tariff Amendment (Ethanol and Biodiesel) Bill 2015
No. , 2015
Rate for denatured ethanol for use as fuel in an internal combustion engine
Item
For the financial year
starting on:
the rate is the rate per litre equal to this
percentage of the rate in subitem 10.5 of
the Schedule:
6
1 July 2020 or a later 1 July
32.770%
Note:
The rate in subitem 10.5 of the Schedule is the rate for gasoline (other
1
than for use as fuel in aircraft).
2
(2) A rate of duty worked out using a table item in subsection (1)
3
applies to goods manufactured or produced in Australia during a
4
financial year referred to in that item, and goods for which all the
5
following conditions are met:
6
(a) the goods were manufactured or produced in Australia before
7
a financial year referred to in that item;
8
(b) at the start of that financial year, the goods were either:
9
(i) subject to the CEO's control; or
10
(ii) in the stock, custody or possession of, or belonged to, a
11
manufacturer or producer of the goods;
12
(c) no duty of excise had been paid on the goods before that
13
financial year.
14
This subsection has effect despite subsection 5(2).
15
6J Rate of duty payable on biodiesel
16
Rate of duty
17
(1) For the purposes of subitem 10.21 of the Schedule, the rate of duty
18
is the following rate rounded to 3 decimal places (rounding up if
19
the next decimal place is 5 or more):
20
21
Rate for biodiesel
Item
For the financial year
starting on:
the rate is the rate per litre equal to this
percentage of the rate in subitem 10.10
of the Schedule:
1
1 July 2015
0%
2
1 July 2016
10%
3
1 July 2017
20%
4
1 July 2018
30%
Amendments Schedule 1
No. , 2015
Excise Tariff Amendment (Ethanol and Biodiesel) Bill 2015
5
Rate for biodiesel
Item
For the financial year
starting on:
the rate is the rate per litre equal to this
percentage of the rate in subitem 10.10
of the Schedule:
5
1 July 2019
40%
6
1 July 2020 or a later 1 July
50%
Note:
The rate in subitem 10.10 of the Schedule is the rate for diesel.
1
(2) A rate of duty worked out using a table item in subsection (1)
2
applies to goods manufactured or produced in Australia during a
3
financial year referred to in that item, and goods for which all the
4
following conditions are met:
5
(a) the goods were manufactured or produced in Australia before
6
a financial year referred to in that item;
7
(b) at the start of that financial year, the goods were either:
8
(i) subject to the CEO's control; or
9
(ii) in the stock, custody or possession of, or belonged to, a
10
manufacturer or producer of the goods;
11
(c) no duty of excise had been paid on the goods before that
12
financial year.
13
This subsection has effect despite subsection 5(2).
14
5 Schedule (cell at table subitem 10.10, column headed
15
"Description of goods")
16
Repeal the cell, substitute:
17
Diesel
6 Schedule (table subitem 10.11)
18
Repeal the subitem.
19
7 Schedule (cell at table subitem 10.12, column headed
20
"Description of goods")
21
Repeal the cell, substitute:
22
Blends of diesel and either biodiesel
or ethanol, or both
Schedule 1 Amendments
6
Excise Tariff Amendment (Ethanol and Biodiesel) Bill 2015
No. , 2015
8 Schedule (cell at table subitem
10.20, column headed "Rate
1
of Duty")
2
Repeal the cell, substitute:
3
The rate of duty
worked out under
section 6H
9 Schedule (table subitem 10.21)
4
Repeal the subitem, substitute:
5
10.21
Biodiesel
The rate of duty
worked out under
section 6J
10 Application of amendments
6
(1)
The amendments made by items 5 to 9 apply to goods manufactured or
7
produced in Australia on or after 1 July 2015, and goods for which all
8
the following conditions are met:
9
(a) the goods were manufactured or produced in Australia before
10
that day;
11
(b) on that day, the goods were either:
12
(i) subject to the CEO's control; or
13
(ii) in the stock, custody or possession of, or belonged to, a
14
manufacturer or producer of the goods;
15
(c) no duty of excise had been paid on the goods before that day.
16
(2)
This item has effect despite subsection 5(2) of the Excise Tariff Act
17
1921.
18