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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
Fuel Indexation (Road Funding) Bill
2015
No. , 2015
(Treasury)
A Bill for an Act to deal with matters related to the
indexation of fuel excise and customs duty, and for
other purposes
No. , 2015
Fuel Indexation (Road Funding) Bill 2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 3
Schedule 1--Consequential amendments for establishment of
Fuel Indexation (Road Funding) special account
4
COAG Reform Fund Act 2008
4
Fuel Indexation (Road Funding) Special Account Act 2015
4
Schedule 2--Consequential amendments for indexation
5
Excise Act 1901
5
Schedule 3--Fuel tax
6
Fuel Tax Act 2006
6
No. , 2015
Fuel Indexation (Road Funding) Bill 2015
1
A Bill for an Act to deal with matters related to the
1
indexation of fuel excise and customs duty, and for
2
other purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Fuel Indexation (Road Funding) Act
6
2015.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2
Fuel Indexation (Road Funding) 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,
item 1
At the same time as section 10 of the Fuel
Indexation (Road Funding) Special Account
Act 2015 commences.
3. Schedule 1,
item 2
The later of:
(a) immediately after the commencement of
section 8 of the Fuel Indexation (Road
Funding) Special Account Act 2015; and
(b) immediately after the commencement of
Schedule 1 to the Acts and Instruments
(Framework Reform) Act 2015.
4. Schedule 1,
items 3 and 4
The later of:
(a) immediately after the commencement of
section 9 of the Fuel Indexation (Road
Funding) Special Account Act 2015; and
(b) the commencement of the Energy Grants
and Other Legislation Amendment
(Ethanol and Biodiesel) Act 2015.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
5. Schedule 2
10 November 2014.
10 November
2014
6. Schedule 3
The day this Act receives the Royal Assent.
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.
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No. , 2015
Fuel Indexation (Road Funding) Bill 2015
3
3 Schedules
1
Legislation that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
Schedule 1 Consequential amendments for establishment of Fuel Indexation (Road
Funding) special account
4
Fuel Indexation (Road Funding) Bill 2015
No. , 2015
Schedule 1
--Consequential amendments for
1
establishment of Fuel Indexation
2
(Road Funding) special account
3
4
COAG Reform Fund Act 2008
5
1 At the end of subsection 5(2)
6
Add:
7
Note 7:
An amount may be credited to the COAG Reform Fund under
8
section 10 of the Fuel Indexation (Road Funding) Special Account Act
9
2015.
10
Fuel Indexation (Road Funding) Special Account Act 2015
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2 Subsection 8(3)
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Omit "Legislative Instruments Act 2003", substitute "Legislation Act
13
2003".
14
3 Subparagraph 9(2)(b)(i)
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Repeal the subparagraph.
16
4 Transitional provision
17
Despite the amendment made by item 3 of this Schedule:
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(a) the Fuel Indexation (Road Funding) Special Account Act
19
2015; and
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(b) any instruments in force under any of those Acts immediately
21
before the commencement of this item;
22
continue to apply, at and after the commencement of this item, in
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relation to any provisional entitlement to a cleaner fuel grant that arose
24
before 1 July 2015, as if that amendment had not happened.
25
Consequential amendments for indexation Schedule 2
No. , 2015
Fuel Indexation (Road Funding) Bill 2015
5
Schedule 2
--Consequential amendments for
1
indexation
2
3
Excise Act 1901
4
1 After subsection 77H(2)
5
Insert:
6
Matters to be disregarded in determining whether same rate
7
(2AA) For the purposes of paragraph (1)(a), in determining whether
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excise duty or a duty of Customs has been paid at the same rate on
9
all the eligible goods and the other substances (if any), disregard:
10
(a) any indexation of rates under section 6A of the Excise Tariff
11
Act 1921; and
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(b) any indexation of rates under section 19 of the Customs
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Tariff Act 1995; and
14
(c) any changes of rates under the Excise Tariff Act 1921 as a
15
result of amendments of that Act by Part 1 of Schedule 1 to
16
the Excise Tariff Amendment (Fuel Indexation) Act 2015; and
17
(d) the effect of sections 19AAB and 19AAC of the Customs
18
Tariff Act 1995.
19
Schedule 3 Fuel tax
6
Fuel Indexation (Road Funding) Bill 2015
No. , 2015
Schedule 3
--Fuel tax
1
2
Fuel Tax Act 2006
3
1 After subsection 43-10(11)
4
Insert:
5
(11A) In determining the road user charge, the
*
Transport Minister must
6
determine the rate to one decimal place of a cent for each litre of
7
fuel.
8
2 Application
9
The amendment made by item 1 of this Schedule applies in relation to
10
determinations under subsection 43-10(8) of the Fuel Tax Act 2006 (rate
11
of road user charge) made on or after the commencement of this item.
12