Excise Tariff Amendment (Fuels) Act 2004 (66 of 2004)

Schedule 1   Amendment of the Excise Tariff Act 1921

Part 4   Amendments providing for an excise duty rate on biodiesel

28   After subsection 6G(2B)

Insert:

(2C) Duty payable under this Act on an excisable blended petroleum product containing a blend of:

(a) goods that are classified to item 11 of the Schedule as biodiesel, or blends containing biodiesel classified to item 12 of the Schedule; and

(b) goods that are classified to item 2, 11 or 12 of the Schedule (except gasoline);

with or without other substances, is worked out using the formula:

[Volume of biodiesel * Biodiesel rate] + [Volume of ethanol * Ethanol rate] + [Volume of other substances * Diesel rate] - Previously paid duties

where:

biodiesel rate means the rate of excise duty applicable to goods that are classified to item 11 of the Schedule as biodiesel.

diesel rate means:

(a) unless paragraph (b) applies - the rate of excise duty applicable to diesel (other than recycled product) classified to item 11 of the Schedule having a sulphur content that exceeds 50 parts per million; or

(b) if the Collector is satisfied that the sulphur content of the total volume of substances in the excisable blended petroleum product that are not biodiesel or ethanol does not exceed 50 parts per million - the rate of excise duty applicable to diesel (other than recycled product) classified to item 11 of the Schedule having a sulphur content that does not exceed 50 parts per million.

ethanol rate means the rate of excise duty applicable to denatured ethanol classified to item 2 of the Schedule as denatured ethanol for use in an internal combustion engine, as prescribed by by-law.

previously paid duties means the sum of:

(a) the excise duties (if any) that have already been paid on goods that are constituent elements of the excisable blended petroleum product and that are classified to item 2, 11, 12 or 15 of the Schedule; and

(b) to the extent that Customs duties have been paid on imported goods that are constituent elements of the excisable blended petroleum product and that would have been classified to item 11, 12 or 15 of the Schedule if produced in Australia - so much of the Customs duties paid on those imported goods as represents the application of the excise equivalent rate in relation to those imported goods;

worked out in accordance with subsection (4).

volume of biodiesel means the volume of biodiesel in the excisable blended petroleum product.

volume of ethanol means the volume of ethanol in the excisable blended petroleum product.

volume of other substances means the total volume of substances in the excisable blended petroleum product that are not biodiesel or ethanol.