Fuel Tax Act 2006

Div 45 repealed by No 42 of 2009 , s 3 and Sch 7 item 3, effective 1 July 2009. No 42 of 2009 , s 3 and Sch 7 item 16 contains the following application provision:

Application of Part 1 amendments  
Meaning of programme end time

(1)
In this Part:

programme end time
means the time occurring just before 1 July 2009.

Application

(2)
The amendments made by Part 1 of this Schedule apply in relation to tax periods ending in financial years commencing on or after 1 July 2009.

(3)
To avoid doubt, despite the repeal of subsection 65-5(5) of the Fuel Tax Act 2006 by that Part, subsection 65-5(4) of that Act continues not to apply in respect of the whole or a part of a fuel tax credit that, just before the programme end time, you were not entitled to take into account under subsection 45-5(1) of that Act.

Decreasing fuel tax adjustment

(4)
Subitem (5) applies if, at the programme end time, you were not a member of a programme mentioned in subsection 45-5(1) of the Fuel Tax Act 2006 .

(5)
The Fuel Tax Act 2006 is taken to have had effect, at the programme end time, as if you became a member of such a programme at that time.

Subdiv 45-A repealed by No 42 of 2009 , s 3 and Sch 7 item 3, effective 1 July 2009. For application provision, see note under former Div 45 heading.

S 45-5 repealed by No 42 of 2009 , s 3 and Sch 7 item 3, effective 1 July 2009. For application provision, see note under former Div 45 heading. S 45-5 formerly read:

SECTION 45-5 CERTAIN ENTITIES TO BE MEMBERS OF GREENHOUSE CHALLENGE PLUS PROGRAMME  
45-5(1)
You must not take into account, in your *net fuel amounts for *tax periods ending in a *financial year, a total of more than $3 million of fuel tax credits arising under section 41-5 unless the *Environment Secretary has determined that you are a member of one of the following programmes:

(a) the *Greenhouse Challenge Plus Programme;

(b) another programme determined, by legislative instrument, by the *Environment Minister for the purposes of this section.

Note:

If an entity has GST branches, all of the entity ' s and the entity ' s branches ' fuel tax credits are to be taken into account in applying the $3 million threshold.

45-5(2)
You have a decreasing fuel tax adjustment if:

(a) you were not entitled in a *financial year to take into account the whole or a part of a fuel tax credit under subsection (1); and

(b) you become a member of a programme mentioned in subsection (1) within 4 years after the end of the financial year.

The *amount of the adjustment is the amount of the credit that you were not entitled to take into account.

Note:

Division 65 sets out which tax period the fuel tax adjustment is attributable to.

45-5(3) [ Definition]  

The Greenhouse Challenge Plus Programme means the Greenhouse Challenge Plus Programme as set out in the Greenhouse Challenge Plus Programme Framework 2005, as amended from time to time.