PART 3
-
REGISTRATION FOR GRANTS AND BENEFITS
SECTION 9
REGISTRATION FOR ENTITLEMENT TO GRANTS OR BENEFITS
9(1)
On or after the commencement of this section, you may apply for registration for entitlement to a specific grant or benefit. The application must, subject to subsection (1A), be in the approved form and include such information as is specified in the regulations.
History
S 9(1) amended by No 54 of 2003, s 3 and Sch 1 item 4, by inserting
"
, subject to subsection (1A),
"
after
"
must
"
, effective 1 July 2003. For application and transitional provisions, see note under definition of
"
electronic signature
"
in s 5.
S 9(1) amended by No 105 of 2000, s 3 and Sch 1 item 4, by inserting all the text after
"
approved form
"
, effective 6 July 2000.
9(1A)
Telephone signature not required.
If the application is given by telephone, it need not contain a telephone signature (within the meaning of section
995-1
of the
Income Tax Assessment Act 1997
).
Note:
The definition of
approved form
in section
5
of this Act would otherwise have the effect that the requirement for a telephone signature, in subsection
388-75(4)
in Schedule
1
to the
Taxation Administration Act 1953
, would apply.
History
S 9(1A) inserted by No 54 of 2003, s 3 and Sch 1 item 5, effective 1 July 2003. For application and transitional provisions, see note under definition of
"
electronic signature
"
in s 5.
9(2)
General requirements.
If you apply in accordance with subsection (1), the Commissioner must register you for entitlement to the grant or benefit if the Commissioner is satisfied that:
(a)
you satisfy any specific requirements set out in this section in relation to registration for that grant or benefit; and
(b)
you satisfy any prescribed conditions; and
(c)
if paragraph (d) does not apply
-
you have an ABN; and
(d)
if you do not have an ABN and are not entitled to have an ABN
-
you have provided evidence, of a kind determined by the Commissioner, of your identity and address.
History
S 9(2) amended by No 54 of 2003, s 3 and Sch 1 item 6, by substituting paras (a) to (d) for paras (a) to (c), effective 1 July 2003. For application and transitional provisions, see note under definition of
"
electronic signature
"
in s 5. Paras (a) to (c) formerly read:
(a)
you have an ABN; and
(b)
you satisfy any specific requirements set out in this section in relation to registration for that grant or benefit; and
(c)
you satisfy any prescribed conditions.
9(3)
(Repealed by No 73 of 2006)
History
S 9(3) repealed by
No 73 of 2006
, s 3 and Sch 1 item 5, effective 1 January 2007. S 9(3) formerly read:
9(3)
Specific requirement for fuel sales grants.
The specific requirement in relation to registration for the fuel sales grant is that you satisfy any prescribed conditions.
9(3A)
Specific requirement for product stewardship (oil) benefits.
The specific requirement in relation to registration for the product stewardship (oil) benefits is that the Commissioner is satisfied that you:
(a)
except in relation to registration for entitlement only for product stewardship (oil) benefits under subsection 9(3) of the
Product Stewardship (Oil) Act 2000
-
are licensed to manufacture excisable goods under Part
IV
of the
Excise Act 1901
; and
(b)
except in relation to registration for entitlement only to product stewardship (oil) benefits under subsection 9(3) of the
Product Stewardship (Oil) Act 2000
-
satisfy any regulations made under this paragraph in relation to:
(i)
compliance with relevant Commonwealth, State or Territory legislation relating to oil recycling operations or enterprises; and
(ii)
the signing of any prescribed Code of Practice relating to recycled oils; and
(iii)
compliance with any such prescribed Code of Practice; and
(ba)
except in relation to registration for entitlement only to product stewardship (oil) benefits under subsection
9(3)
of the
Product Stewardship (Oil) Act 2000
-
satisfy the following conditions:
(i)
you comply with relevant Commonwealth, State or Territory legislation relating to oil recycling operations or enterprises;
(ii)
the Commissioner has not been informed by a Department, agency or authority of the Commonwealth, a State or a Territory that is responsible for the administration of any such legislation that you do not comply with the legislation; and
(c)
satisfy any prescribed conditions.
History
S 9(3A) amended by No 64 of 2020, s 3 and Sch 3 items 47 and 48, by inserting
"
oil
"
in para (b)(i) and inserting para (ba), effective 23 June 2020. No 64 of 2020, s 3 and Sch 3 item 49 contains the following application provision:
49 Application
-
registration for grants and benefits
(1)
The amendments made by items 47 and 48 apply in relation to applications made under section
9
of the
Product Grants and Benefits Administration Act 2000
on or after the commencement of this Part.
(2)
Regulations made for the purposes of paragraph 9(3A)(b) of that Act and in force immediately before the commencement of this Part continue to apply in relation to applications made under section
9
of that Act before the commencement of this Part.
S 9(3A) amended by No 79 of 2003, s 3 and Sch 2 items 1 and 2, by substituting para (a) and substituting
"
except in relation to registration for entitlement only to product stewardship (oil) benefits under subsection 9(3) of the
Product Stewardship (Oil) Act 2000
-
satisfy any regulations
"
for
"
satisfy any regulations
"
in para (b), effective 1 December 2003 (as proclaimed: Gazette GN 47, 26 November 2003 p 3521). Act No 79 of 2003, s 3 and Sch 2, contained the following transitional provision:
Transitional provision
3
Any registration for entitlement to product stewardship (oil) benefits in force under the
Product Grants and Benefits Administration Act 2000
immediately before the commencement of items 1 and 2 of this Schedule has effect, on and after that commencement, as if it extended to benefits under subsection 9(3) of the
Product Stewardship (Oil) Act 2000
.
Para (a) formerly read:
(a)
are licensed under section
34
of the
Excise Act 1901
; and
S 9(3A) inserted by No 105 of 2000, s 3 and Sch 1 item 5, effective 6 July 2000.
9(4)
(Repealed by No 73 of 2006)
History
S 9(4) repealed by
No 73 of 2006
, s 3 and Sch 3 item 20, effective 1 July 2012. S 9(4) formerly read:
Specific requirement for energy grants
9(4)
The specific requirement in relation to registration for the energy grant is that you notify the Commissioner that you are purchasing or importing, or propose to purchase or import, energy grants scheme fuel into Australia for a particular use or uses that, when you become registered, will entitle you to the grant in respect of the fuel.
S 9(4) substituted for s 9(4) and (5) by No 54 of 2003, s 3 and Sch 1 item 7, effective 1 July 2003. For application and transitional provisions, see note under definition of
"
electronic signature
"
in s 5. S 9(4) and (5) formerly read:
9(4)
Change of registration details to be notified.
If:
(a)
you are registered for entitlement to a grant or benefit; and
(b)
any of your prescribed registration details change;
you must notify the Commissioner of the change within 28 days after the change happens.
9(5)
In this section:
prescribed registration details
means matters or circumstances specified in the regulations.
9(5)
(Repealed by No 81 of 2015)
History
S 9(5) repealed by No 81 of 2015, s 3 and Sch 1 item 21, effective 1 July 2015. S 9(5) formerly read:
9(5)
Specific requirement for cleaner fuel grants.
The specific requirement in relation to registration for the cleaner fuel grant is that you:
(a)
are a licensed manufacturer (as defined in the
Excise Act 1901
) for goods of a kind including a cleaner fuel; or
(b)
are a holder of a storage licence (as defined in the
Excise Act 1901
) for goods of a kind including a cleaner fuel; or
(c)
are a person specified in a permission given under section
61C
of the
Excise Act 1901
for goods of a kind including a cleaner fuel; or
(d)
are importing, or propose to import, cleaner fuel into Australia; or
(e)
are a person to whom a permission has been granted under section
69
of the
Customs Act 1902
for goods of a kind including a cleaner fuel; or
(f)
are a person covered by paragraph (b) of the definition of
licensed person
in the
Energy Grants (Cleaner Fuels) Scheme Act 2004
for a cleaner fuel.
S 9(5) inserted by No 42 of 2004, s 3 and Sch 1 item 3, effective 18 September 2003.
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