Commonwealth Numbered Regulations

ENERGY GRANTS (CLEANER FUELS) SCHEME AMENDMENT REGULATIONS 2005 (NO. 1) (SLI NO 325 OF 2005) - SCHEDULE 1

(regulation 3)

[1]           Regulation 3, after definition of biodiesel blend

insert

"low sulphur PULP" means premium unleaded petrol that:

                (a)    has 50 milligrams or less of sulphur content per kilogram; and

               (b)    complies with the applicable fuel standard for premium unleaded petrol, specified in the Fuel Standard (Petrol) Determination 2001 as in force from time to time.

[2]           Regulation 4

substitute

4               Cleaner fuel

                For paragraph (b) of the definition of cleaner fuel in subsection 4 (1) of the Act, the following fuels are prescribed:

                (a)    biodiesel blend;

               (b)    low sulphur PULP.

[3]           Regulation 5, table, after item 1

insert

[4]           After regulation 7

insert

7A            Grant amount — low sulphur PULP

         (1)   For subsection 8 (1A) of the Act, the amount of grant to which a claimant is entitled for the quantity of low sulphur PULP to which a claim relates is:

where:

"volume" means the volume, in litres, of the low sulphur PULP, worked out in accordance with subregulation 8 (2).

"returns" means the volume, in litres, of low sulphur PULP returned to the claimant during the claim period, worked out in accordance with subregulation 8 (2), subject to subregulation (2).

"grant rate" means 1.1 cents per litre.

"previous grant" means the total amount of cleaner fuel grant worked out in relation to any low sulphur PULP, contained within the quantity of low sulphur PULP to which the claim relates, for which any provisional entitlements arose before the qualifying time under section 5 of the Act, other than any cleaner fuel grant worked out in relation to an amount of low sulphur PULP that is part of the low sulphur PULP mentioned in the definition of returns for any claim period.

Note    A quantity of low sulphur PULP might contain some components of fuel for which provisional entitlements arose before the qualifying time under section 5 of the Act.

         (2)   For the definition of returns in subregulation (1):

                (a)    a quantity of low sulphur PULP returned to the claimant must satisfy the following conditions:

                          (i)    the claimant must be provisionally entitled to a cleaner fuel grant under section 5 of the Act in relation to the low sulphur PULP;

                         (ii)    the low sulphur PULP must have been returned to the claimant after the provisional entitlement arose;

                         (iii)    as a consequence of the return of the low sulphur PULP, the claimant is entitled to:

                                   (A)     a refund of excise duty under paragraph 50 (1) (v) of the Excise Regulations 1925 ; or

                                   (B)     a refund of customs duty under paragraph 126 (1) (p) of the Customs Regulations 1926 ; and

               (b)    if low sulphur PULP is returned to the claimant mixed with other fuel, the volume is the volume of the component of the mixture that is low sulphur PULP.

         (3)   In this regulation:

"claim period" , in relation to a grant, has the meaning given by section 12 of the Product Grants and Benefits Administration Act 2000 .

[5]           Subregulation 8 (1)

omit

         (1)   This regulation

insert

         (1)   In relation to biodiesel and biodiesel blend, this regulation

[6]           Subregulation 8 (2)

omit

6 and 7,

insert

6, 7 and 7A,