Commonwealth Numbered Acts

FUEL (PENALTY SURCHARGES) ADMINISTRATION ACT 1997 No. 166 of 1997 - SECT 4

acquisition , in relation to fuel, includes:

(a) acquiring ownership of the fuel (whether by purchase, gift or operation of law and whether the person who acquires ownership of the fuel also acquires physical control of the fuel); and

(b) acquiring physical control of the fuel (whether the person acquiring the physical control of the fuel also acquires ownership of the fuel).

Note: The acquisition of physical control is limited by subsection (2).

authorised officer , in relation to a particular provision of this Act, means an officer of Customs, or other person, appointed by the CEO under section 50 to be an authorised officer in respect of that provision.

blend , in relation to 2 or more amounts of fuel, means to combine these amounts, whether or not the resulting mixture is homogeneous.

Customs Act means the Customs Act 1901.

Customs Tariff means the Customs Tariff Act 1995.

disposal , in relation to fuel, includes:

(a) sale or gift of the fuel (whether or not the person to whom the fuel is sold or given also acquires physical control of the fuel); and

(b) passing physical control of the fuel to another person (whether or not the person to whom physical control passes also acquires ownership of the fuel); and

(c) loss of the fuel.

(a) has been used or otherwise involved in the commission of an offence against this Act; or

(b) will afford evidence of the commission of an offence against this Act.

Excise Tariff means the Excise Tariff Act 1921.

executing officer , in relation to a monitoring warrant or a search warrant, means:

(a) an authorised officer named in the warrant by the magistrate issuing it as being responsible for executing the warrant; or

(b) if that authorised person does not intend to be present at the execution of the warrant--any authorised officer whose name has been written in the warrant by the authorised officer so named; or

(c) another authorised officer whose name has been written in the warrant by the authorised officer last named in the warrant.

(a) goods that have been entered for home consumption and that fall:

(i) within a classification in subheading 2707, 2709 or 2710 of Schedule 3 to the Customs Tariff; or

(ii) within a subitem of item 11 or within item 12 of the Schedule to the Excise Tariff; or

(b) a blend of goods to which paragraph (a) applies; or

(c) a blend of goods to which paragraph (a) applies and of goods comprising a blend created under paragraph (b).

(d) a blend of goods to which paragraph (c) applies.

(a) a type A record, a type B record or a type C record, within the meaning of section 11, that is required to be created by the person; or

(b) a movement record, within the meaning of section 15, that is required to be carried by the person; or

(c) a notification required to be retained by the person under section 18.

marked fuel means fuel that contains at least the proportion of the marker that is prescribed for the purposes of this Act as indicating marked fuel.

marker means a chemical additive of a kind prescribed in regulations made under the Excise Tariff to be a fuel marker for the purposes of that Tariff.

monitoring warrant means a monitoring warrant issued under section 27.

movement record has the meaning given by subsection 15(2).

occupier , in relation to premises that are a vehicle or a vessel, means the person in charge of the vehicle or vessel.

person assisting , in relation to the executing officer of a monitoring warrant or a search warrant, means:

(a) a person who is an authorised officer and who is assisting the executing officer in the execution of the warrant; or

(b) a person who is not an authorised officer and who has been authorised by the CEO to assist the executing officer in executing the warrant.

(a) a person who is required to maintain a fuel record under Part 3; or

(b) in the case of a person moving fuel from one place to another place in a vessel or vehicle--a person who is required to carry a fuel record on the vessel or vehicle under section 15.

(a) in relation to Division 2 of Part 4:

(i) an area of land or any other place, whether or not it is enclosed or built on; or

(ii) a building, wharf or other structure;

and includes a part of any such premises; and

(b) in relation to other provisions of this Act:

(i) an area of land or any other place, whether or not it is enclosed or built on; or

(ii) a building, wharf or other structure; or

(iii) a vessel or vehicle;

and includes a part of any such premises.

seize includes secure against interference.

Territory does not include an External Territory.

thing includes substance.

this Act includes the regulations made under this Act.

unmarked fuel means fuel that does not contain at least the proportion of the marker that is prescribed for the purposes of this Act as indicating marked fuel.

use , in relation to fuel, does not include blending that fuel with other fuel.

vehicle includes a hovercraft, railway rolling stock or the trailer of a road vehicle.

vessel means a ship, boat, raft or pontoon or any other thing capable of carrying persons or goods through water, but does not include a hovercraft.

warrant premises , in relation to a monitoring warrant or search warrant, means the premises to which the warrant relates.

(2) For the purposes of this Act, a person is not taken to have acquired physical control of fuel if the person merely has charge of the fuel in the person's capacity as an employee of another person who owns the fuel.

(3) Expressions used in this Act that are defined for the purposes of the Customs Act have the same meaning as in the Customs Act.

(4) Expressions used in this Act that are defined for the purposes of the Excise Act (other than expressions that are also defined for the purposes of the Customs Act) have the same meaning as in the Excise Act.