Clean Energy (Excise Tariff Legislation Amendment) Act 2012 (81 of 2012)

Schedule 1  

Excise Act 1901

1   Section 77HA

Repeal the section, substitute:

77HA Compressed natural gas that is exempt from excise duty

(1) Compressed natural gas is exempt from excise duty if any of the following apply:

(a) the gas was compressed for use other than as a fuel for a motor vehicle;

(b) the gas was compressed other than in the course of carrying on an enterprise (within the meaning of the A New Tax System (Goods and Services Tax) Act 1999);

(c) the gas was compressed for use as a fuel for a motor vehicle that:

(i) is designed merely to move goods with a forklift and is for use primarily off public roads; or

(ii) is of a kind prescribed by the regulations for the purposes of this subparagraph;

(d) the gas is exempt from excise duty under subsection (2).

(2) Compressed natural gas is exempt from excise duty if:

(a) the gas was compressed at residential premises (within the meaning of the A New Tax System (Goods and Services Tax) Act 1999); and

(b) the rate at which natural gas can be compressed at those premises is not more than:

(i) the amount of compressed natural gas per hour prescribed by the regulations; or

(ii) if no amount is prescribed - 10 kilograms of compressed natural gas per hour; and

(c) the gas is not sold or otherwise supplied in the course of carrying on an enterprise (within the meaning of the A New Tax System (Goods and Services Tax) Act 1999).