Fuel Tax (Consequential and Transitional Provisions) Act 2006 (73 of 2006)

Schedule 3   Fuel credits arising from before 1 July 2006 and until 1 July 2012

Part 3   Fuel tax credits arising between 1 July 2006 and 30 June 2012

Division 1   Credits arising between 1 July 2006 and 30 June 2008

10   Fuel acquired, manufactured or imported between 1 July 2006 and 30 June 2008

 

(1) This item applies if:

(a) you acquire, manufacture or import taxable fuel between 1 July 2006 and 30 June 2008 (inclusive); and

(b) you acquire, manufacture or import the fuel for use in carrying on your enterprise, other than:

(i) for use in a vehicle travelling on a public road; or

(ii) for incidental use (within the meaning of section 8 of the Energy Grants Act) in relation to a vehicle covered by subparagraph (i); or

(iii) for use by you in generating electricity; or

(iv) for use other than as a fuel; or

(v) for use other than as a fuel in an internal combustion engine; or

(vi) for use as heating oil; and

(c) apart from this item, you would be entitled to a fuel tax credit under section 41-5 of the Fuel Tax Act.

      

(2) You are not entitled to the credit under section 41-5 of the Fuel Tax Act unless you meet a condition in subitem (3) or (5).

Entitlement to a credit if you would have been entitled to an on-road credit

      

(3) You are not entitled to the credit under section 41-5 of the Fuel Tax Act unless you would have been entitled to an on-road credit in respect of the fuel, assuming:

(a) that you had disregarded subsection 40(2) and sections 41 and 49A of the Energy Grants Act; and

(b) that references in Part 3 of that Act to "purchase or import into Australia" were instead references to "acquire or manufacture in, or import into, Australia".

      

(4) If subitem (3) applies to you, you are taken, for the purposes of section 43-10 of the Fuel Tax Act, to have acquired, manufactured or imported the fuel to use, in a vehicle, for travelling on a public road.

Note: The effect of this subitem is that the amount of the fuel tax credit is reduced under section 43-10 of the Fuel Tax Act by the amount of the road user charge.

Entitlement to a credit if you would have been entitled to an off-road credit

      

(5) You are not entitled to the credit under section 41-5 of the Fuel Tax Act unless you would have been entitled to an off-road credit in respect of the fuel, assuming:

(a) that you had disregarded subsection 51(2) and sections 52 and 55A of the Energy Grants Act; and

(b) that references in Part 4 of that Act to "purchase or import into Australia" were instead references to "acquire or manufacture in, or import into, Australia".

Fuel tax adjustment provisions

      

(6) If this item applies, then sections 49 and 55 of the Energy Grants Act do not apply to the fuel.

Note: Division 44 of the Fuel Tax Act 2006 deals with adjustments of fuel tax credits.