PRODUCT GRANTS AND BENEFITS ADMINISTRATION REGULATIONS 2000 (REPEALED)

Reg 4AA repealed by SLI No 39 of 2015, reg 4 and Sch 1 item 37, effective 1 July 2015. Reg 4AA formerly read:

REGULATION 4AA PRESCRIBED CONDITIONS - REGISTRATION FOR ENERGY GRANTS (ACT S 9)  
4AA(1)
For paragraph 9(2)(b) of the Act, it is a prescribed condition that an applicant for registration for entitlement to an energy grant, on the request of a taxation officer doing duty in relation to the energy grant, gives the officer:

(a) for mining operations - the following records:

(i) if the applicant holds a lease or permit for mining - the lease or permit;

(ii) if the applicant conducts mining operations, beneficiation or recovery of salt - a description (for example, a flowchart) of the processes and plant (where appropriate) for which off-road diesel fuel is used; and

(b) for generation of electricity at residential premises - the following records:

(i) if the premises are on land - a document made by a person other than the applicant showing the address of the premises;

(ii) if the premises are on a vessel - a document made by a person other than the applicant showing the applicant's entitlement to use the vessel; and

(c) for generation of electricity for retail or hospitality purposes:

(i) a certified copy of any permits or licences relating to the use of the premises for retail or hospitality purposes; or

(ii) evidence of the sale of retail goods or services from the premises; or

(iii) evidence of the provision of hospitality services from the premises; and

(d) for a hospital or nursing home or any other institution providing medical or nursing care, or a home for aged persons - a certified copy of a licence, permit or similar document:

(i) issued by the Commonwealth, a State, or a Territory permitting the operation of the institution or home; and

(ii) showing the date of the issue and expiry of the document; and

(e) for off-road diesel fuel purchased for use in agriculture - the following records:

(i) if produce has been produced for sale:

(A) the licence, quota, production allocation or other regulatory permission that relates to the agricultural activity; and

(B) independent production records, invoices, forward contracts or other records relating to the carrying on of the agricultural activity;

(ii) if produce has not been produced for sale - documents that show that work has commenced to prepare, for commercial operation, the property where the fuel is intended to be used; and

(f) for off-road diesel fuel purchased for use in fishing operations - the following records:

(i) if, under a law of the Commonwealth, a State or a Territory, a licence or permit is required to engage in the operations - a certified copy of the licence or permit issued to the applicant;

(ii) for a vessel used in the operations:

(A) an agreement in writing (if any) for the use, lease or charter of the vessel, or a letter from the owner of the vessel, confirming the arrangements for the use, lease or charter of the vessel or proof of the owner's ownership of the vessel; and

(B) if the vessel is required to be licensed - the licence for the vessel;

(iii) for the construction of ponds, tanks or other structures for fish farming - documents that show that work has commenced to prepare, for commercial operation, the property for fish farming; and

(g) for off-road diesel fuel purchased for use in forestry - the following records:

(i) for planting, tending, thinning or felling activities - a document showing performance of an eligible forestry activity (for example, a certified copy of the licence or permit relating to the carrying on of the activity);

(ii) for milling or processing activities - a description (for example, a flowchart) of the processes and plant (where appropriate) for which off-road diesel fuel is used;

(iii) for transportation operations - the log cartage documents; and

(h) for off-road diesel fuel purchased for use in rail transport - the following records:

(i) proof of ownership or lease of locomotives or rolling stock;

(ii) a description of processes and equipment using off-road diesel fuel; and

(i) for off-road diesel fuel purchased for use in marine transport - the following records:

(i) a copy of the commercial vessel licence, registration or survey certificate;

(ii) a copy of a lease, contract or charter agreement in relation to the vessel;

(iii) if a published schedule is required for the vessel's services - a copy of the schedule; and

(j) for on-road diesel fuel and on-road alternative fuel, evidence that the claimant's vehicle is registered for use on a public road.

4AA(2)
In this regulation:

agricultural activity
has the same meaning as in the Energy Grants (Credits) Scheme Act 2003 .

agriculture
has the same meaning as in the Energy Grants (Credits) Scheme Act 2003 .

fish
has the same meaning as in the Energy Grants (Credits) Scheme Act 2003 .

fishing operations
has the same meaning as in the Energy Grants (Credits) Scheme Act 2003 .

forestry
has the same meaning as in the Energy Grants (Credits) Scheme Act 2003 .

mining operations
has the same meaning as in the Energy Grants (Credits) Scheme Act 2003 .

off-road diesel fuel
has the same meaning as in the Energy Grants (Credits) Scheme Act 2003 .

on-road alternative fuel
has the same meaning as in the Energy Grants (Credits) Scheme Act 2003 .

on-road diesel fuel
has the same meaning as in the Energy Grants (Credits) Scheme Act 2003 .

processing
has the same meaning as in the Energy Grants (Credits) Scheme Act 2003 .

residential premises
has the same meaning as in the Energy Grants (Credits) Scheme Act 2003 .

sale of retail goods or services
does not include the retail sale of electricity.

State or Territory authority
means:

(a) an instrumentality of a State or Territory; or

(b) an authority or body established for the purpose of a State or Territory by or under a law of the State or Territory.

use
of off-road diesel fuel does not include the sale or other disposal of the off-road diesel fuel or loss of the off-road diesel fuel.

use in marine transport
has the same meaning as in the Energy Grants (Credits) Scheme Act 2003 .

use in rail transport
has the same meaning as in the Energy Grants (Credits) Scheme Act 2003 .

Reg 4AA inserted by SR No 181 of 2003, reg 3 and Sch 1 item 1, effective 1 July 2003.