Diesel and Alternative Fuels Grants Scheme Act 1999 (Repealed)

Part 2 - Entitlement to fuel grants

10B WORKING OUT ELIGIBLE USE OF FUEL

(1)
The regulations may prescribe one or more methods of working out (whether by measurement, estimate or any other means):

(a) if subsection 9(1) applies to you in relation to the use in a vehicle of a particular type of fuel during a grant period - the quantity of that fuel used in that vehicle during that grant period in the circumstances mentioned in subsection 9(2); and

(b) if subsection (1) of section 10, 10AA, 10AB, 10AC or 10AD (the applicable section ) applies to you in relation to the use in a vehicle of a particular type of fuel during a grant period - the quantity of that fuel used in that vehicle during that grant period in the circumstances mentioned in subsection (2) of the applicable section.

(2)

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The method or methods prescribed under subsection (1) may differ according to either or both of the following:

(a) the kind of claim that is being made;

(b) the circumstances in which the fuel the subject of the claim was used.

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History

S 10B substituted by No 165 of 2001, s 3 and Sch 1 item 13, effective 1 October 2001. S 10B formerly read:

STATUTORY FORMULAS FOR WORKING OUT ELIGIBLE USE OF FUEL
Vehicles of 20 tonnes or more

(1)
If subsection 9(1) applies to you in relation to the use of a particular type of fuel in a vehicle during a grant period, the extent to which you use that type of fuel in the vehicle in the circumstances mentioned in subsection 9(2) is to be worked out using the formula:

Total quantity of fuel × Eligible kilometres
Total kilometres

where:

eligible kilometres
means the number of whole kilometres travelled by the vehicle during that grant period in the circumstances mentioned in subsection 9(2) using that type of fuel, where you purchased the fuel, or imported it into Australia.

total kilometres
means the number of whole kilometres travelled by the vehicle during that grant period (whether or not in the circumstances mentioned in subsection 9(2)) using that type of fuel, where you purchased the fuel, or imported it into Australia.

total quantity of fuel
means the number of litres (or, if the fuel is a gas, the number of cubic metres) of that type of fuel used in the vehicle during that grant period (whether or not in the circumstances mentioned in subsection 9(2)), where you purchased the fuel, or imported it into Australia.

Vehicles of 4.5 tonnes or more, but less than 20 tonnes

(2)
If subsection (1) of section 10, 10AA, 10AB, 10AC or 10AD (the applicable section ) applies to you in relation to the use of a particular type of fuel in a vehicle during a grant period, the extent to which you use that type of fuel in the vehicle in the circumstances mentioned in subsection (2) of the applicable section is to be worked out using the formula:

Total quantity of fuel × Eligible kilometres
Total kilometres

where:

eligible kilometres
means the number of whole kilometres travelled by the vehicle during that grant period in the circumstances mentioned in subsection (2) of the applicable section using that type of fuel, where you purchased the fuel, or imported it into Australia.

total kilometres
means the number of whole kilometres travelled by the vehicle during that grant period (whether or not in the circumstances mentioned in subsection (2) of the applicable section) using that type of fuel, where you purchased the fuel, or imported it into Australia.

total quantity of fuel
means the number of litres (or, if the fuel is a gas, the number of cubic metres) of that type of fuel used in the vehicle during that grant period (whether or not in the circumstances mentioned in subsection (2) of the applicable section), where you purchased the fuel, or imported it into Australia.
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History

S 10B(2) amended by No 77 of 2000, s 3 Sch 1 items 6 and 7, by substituting ``subsection (1) of section 10, 10AA, 10AB, 10AC or 10AD (the applicable section )'' for ``subsection 10(1)'' and ``subsection (2) of the applicable section'' for ``subsection 10(2)'' (wherever occurring), effective 30 June 2000.

Special rule for stationary vehicles

(2A)
If:

(a) more than 20% (or such higher percentage as is prescribed) of the fuel used in a vehicle during a grant period was used while the vehicle was stationary;
then:

(b) in applying the formula in subsection (1) or (2), the total quantity of fuel is reduced by so much of the total quantity of fuel as was used while the vehicle was stationary.
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History

S 10B(2A) inserted by No 77 of 2000, s 3 Sch 1 item 7A, effective 30 June 2000.

Effect of disqualification

(3)
In applying the formula in subsection (1) or (2), disregard any part of the grant period during which you were disqualified under Part 5 from receiving a fuel grant.

S 10B inserted by No 201 of 1999, s 3 and Sch 1 item 27, effective 24 December 1999.

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