ENERGY GRANTS (CLEANER FUELS) SCHEME ACT 2004 [ REPEALED]

PART 2 - ENTITLEMENT TO CLEANER FUEL GRANTS  

SECTION 5   Becoming provisionally entitled to a cleaner fuel grant  

(1)  
You are provisionally entitled to a cleaner fuel grant for a quantity of fuel if:


(a) the fuel is:


(i) imported into Australia; or

(ii) manufactured in Australia;
on or after the fuel ' s start day; and


(b) one of the following subparagraphs applies to you:


(i) you imported the fuel into Australia;

(ii) you manufactured the fuel in Australia;

(iii) you bought the fuel from such an importer or manufacturer;

(iv) you bought the fuel from a licensed person for the fuel;

(v) you arranged for the fuel to be manufactured in Australia on your behalf; and


(c) at a particular time (the qualifying time):


(i) you enter the fuel; or

(ii) if someone else has already entered the fuel, you consume or finally sell the fuel; and


(d) (Repealed by No 66 of 2011)


(e) if you did not import the fuel into Australia, you are a licensed person for the fuel at the qualifying time; and


(f) the fuel is a cleaner fuel at the qualifying time; and


(g) at or before the qualifying time you did not:


(i) sell the fuel to a licensed person for the fuel; or

(ii) include the fuel in a fuel blend; and


(h) no other provisional entitlement for the fuel arose before the qualifying time; and

Note:

Previous provisional entitlements disqualified under section 7 are taken never to have existed.


(i) each requirement (if any) prescribed by the regulations is satisfied.

(2)  
However, you are not provisionally entitled to a cleaner fuel grant for the quantity of fuel if:


(a) at the qualifying time, the fuel contained one or more other cleaner fuels; and


(b) for each of those other cleaner fuels, a provisional entitlement arose before the qualifying time.

Note:

Previous provisional entitlements disqualified under section 7 are taken never to have existed.

(3)  
Your provisional entitlement arises at the qualifying time.

(4)  
For the purposes of this section, you consume or finally sell the fuel if:


(a) you form an intention that the fuel is to be consumed in carrying on your enterprise, other than:


(i) by inclusion in a fuel blend; or

(ii) by being sold, or otherwise provided, to another person; or


(b) you sell the fuel to a person who is not a licensed person for the fuel at the time of the sale.




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