Commonwealth Consolidated Acts

TAX LAWS AMENDMENT (2012 MEASURES NO. 3) ACT 2012 - SCHEDULE 2

Excise Act 1901

1   After subsection   77H(2)

Insert:

Blends of a relevant fuel that is not subject to remission

  (2A)   Goods that are the product of the blending of amounts of one kind of relevant fuel are taken not to be goods covered by paragraph   10(g) of the Schedule to the Excise Tariff Act 1921 if both of the following apply:

  (a)   none of the amounts of the relevant fuel are subject to a remission (either in full or in part) of excise duty or a duty of Customs;

  (b)   excise duty or a duty of Customs that is payable on the amounts of the relevant fuel has been paid.

Blends of LPG or liquefied natural gas that is subject to remission or not subject to duty

  (2B)   Goods that are the product of the blending of amounts of one kind of relevant fuel that is either LPG or liquefied natural gas are taken not to be goods covered by paragraph   10(g) of the Schedule to the Excise Tariff Act 1921 if, for each amount in the blend, either of the following applies to the amount:

  (a)   the amount is subject to a remission (whether in full or in part) of excise duty or a duty of Customs on the grounds that the amount is not used, or intended for use, in an internal combustion engine in either a motor vehicle or a vessel;

  (b)   the amount is not subject to excise duty or a duty of Customs because the amount was manufactured, produced or imported before 1   December 2011.

2   Subsection   77H(5) (heading)

Repeal the heading, substitute:

Definitions

3   Subsection   77H(5)

Insert:

"relevant fuel" means:

  (a)   gasoline for use in aircraft; or

  (b)   kerosene for use in aircraft; or

  (c)   LPG; or

  (d)   liquefied natural gas; or

  (e)   compressed natural gas that is classified to subitem   10.19C of the Schedule to the Excise Tariff Act 1921 .

Excise Tariff Act 1921

4   Schedule ( paragraph   ( g) of the cell at table item   10, column headed "Description of goods")

After " subsection   77H(1) ", insert " , (2A), (2B) ".

5   Application

The amendments to the Excise Act 1901 and the Excise Tariff Act 1921 made by this Schedule apply in relation to goods that are the product of the blending of amounts of relevant fuel if the blending occurs on or after 1   July 2012 (whether the amounts of relevant fuel being blended were manufactured, produced or imported before, on or after that day).