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FUEL TAX ACT 2006 (NO. 72, 2006) - SECT 43.10

Reducing the amount of your fuel tax credit

Cleaner fuel grants

             (1)  The * amount of your fuel tax credit for taxable fuel is reduced to the extent, determined by the Minister, that fuel tax is imposed on the fuel to fund a cleaner fuel grant.

             (2)  For the purposes of subsection (1), the Minister must determine, by legislative instrument, the * amount of the fuel tax imposed that will fund a cleaner fuel grant.

Road user charge

             (3)  To the extent that you acquire, manufacture or import taxable fuel to use, in a vehicle, for travelling on a public road, the * amount of your fuel tax credit for the fuel is reduced by the amount of the road user charge, determined by the * Transport Minister.

Note:          Only certain motor vehicles whose gross vehicle mass is more than 4.5 tonnes are entitled to any credit (see sections 41‑20 and 41‑25).

             (4)  However, the * amount is not reduced under subsection (3) if the vehicle’s travel on a public road is incidental to the vehicle’s main use.

             (5)  For the purposes of subsection (3), the * Transport Minister must determine, by legislative instrument, the * amount of the road user charge.

Working out the amount of the reduction

             (6)  The * amount by which a fuel tax credit for taxable fuel is reduced under subsection (1) or (3) is worked out by reference to the rate of fuel tax or road user charge in force:

                     (a)  if you are * registered for GST, or * required to be registered for GST—at the beginning of the * tax period to which the credit is attributable; and

                     (b)  if you are not registered for GST, nor required to be registered for GST—on the day on which the Commissioner receives your return relating to the fuel.

Note:          Division 65 sets out which tax period a credit is attributable to.


 

Table of Subdivisions

             Guide to Division 44

44‑A      Increasing and decreasing fuel tax adjustments

Guide to Division 44



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