EXCISE REGULATIONS 1925 (REPEALED)

Reg 52AAAA repealed by SLI No 174 of 2006, reg 3 and Sch 1 item 18, effective 1 July 2006. Reg 52AAAA formerly read:

52AAAA(1)
For paragraph 78AAAA (2) (a) of the Act, the Industry Minister may approve a plant at which naphtha is produced if the plant is designed to demonstrate the application of particular technology for the extraction of hydrocarbons from shale.

52AAAA(2)
The approval of a plant is not affected by the later commencement of production of naphtha by a separately operating commercial plant which makes use of the same technology as the approved plant.

52AAAA(3)
For subregulation (2), separately operating commercial plant means a plant, the operations of which are performed independently of those of the approved plant despite:

(a) any degree of commonality of ownership; and

(b) any sharing of premises by the plants.

52AAAA(4)
The following provisions of this regulation are made for subsection 78AAAA (1) of the Act.

52AAAA(5)
An application under that subsection must:

(a) be signed by or on behalf of the applicant; and

(b) state the volume of naphtha that is the subject of the application (the application volume ); and

(c) state the volume of unleaded gasoline that can be obtained from the application volume, according to whether the refinery in Australia where the gasoline was obtained includes an isomerisation unit; and

(d) be given to a Collector within 12 months of delivery of the application volume to that refinery.

52AAAA(6)
The volume of unleaded gasoline that can be obtained from a volume of naphtha is:

(a) if the equipment for obtaining the gasoline includes an isomerisation unit - 89.73% of the volume of the naphtha; or

(b) if the equipment for obtaining the gasoline does not include an isomerisation unit - 90.11% of the volume of the naphtha.

52AAAA(7)
The amount of excise duty payable on the volume of unleaded gasoline that can be obtained from a volume of naphtha is worked out using the rate of duty applying on the date of the delivery of that volume of naphtha to the refinery where it was used to obtain gasoline.

52AAAA(8)
An applicant is not entitled to a payment for naphtha unless the application volume was used to obtain unleaded gasoline at a refinery in Australia.

52AAAA(9)
For assessing an application, a Collector may give the applicant a notice to produce records or give additional information, or both, within the period specified in the notice or such further period as the Collector, in writing, allows.

52AAAA(10)
An applicant who does not comply with a notice given under subregulation (9) is taken to have withdrawn the application.