Diesel and Alternative Fuels Grants Scheme Amendment Regulations 2000 (No. 1)

(160 of 2000)

28 June 2000

Made under Diesel and Alternative Fuels Grants Scheme Act 1999

1   Name of Regulations

These Regulations are the Diesel and Alternative Fuels Grants Scheme Amendment Regulations 2000 (No. 1).

2   Commencement

These Regulations commence on gazettal.

3   Amendment of Diesel and Alternative Fuels Grants Scheme Regulations 2000

Schedule 1 amends the Diesel and Alternative Fuels Grants Scheme Regulations 2000.

Schedule 1   Amendments

[1]   Regulation 3, after definition of BSD

insert

diesel fuel has the meaning given by regulation 3A.

emergency vehicle has the meaning given by regulation 3B.

[2]   After regulation 3

insert

3A Meaning of diesel fuel (Act s 5)

(1) Diesel fuel is a substance principally consisting of products derived from petroleum or shale that has been purchased for use as fuel for road vehicles powered by diesel engines.

(2) To avoid doubt, diesel fuel includes the following substances:

(a) stabilised crude oil, topped crude oil, or condensate, that has been purchased for use as fuel for road vehicles powered by diesel engines;

(b) a recycled substance that has been:

(i) produced by a process of refining or recovered by another process; and

(ii) purchased for use as fuel for road vehicles powered by diesel engines;

(c) recycled waste oil that has been:

(i) blended with diesel; and

(ii) purchased for use as fuel for road vehicles powered by diesel engines.

3B Meaning of emergency vehicle (Act s 5)

An emergency vehicle is a vehicle that is:

(a) operated by an ambulance service, being a vehicle that is fitted with a siren and flashing warning lights; or

(b) operated by a firefighting service, being a vehicle that:

(i) is designed, permanently fitted out and equipped for the purposes of preventing and fighting fires; and

(ii) has external markings that identify the vehicle as a firefighting vehicle; or

(c) operated by a police force or service, being a vehicle that is fitted with a siren and flashing warning light; or

(d) an emergency response, or search and rescue, vehicle that:

(i) is designed and permanently fitted out for the purposes of emergency response or search and rescue operations; and

(ii) has external markings that identify the vehicle as an emergency response, or search and rescue, vehicle; or

(e) a vehicle (that is not mentioned in paragraph (a), (b), (c) or (d)) operated by the Commonwealth or a State or Territory, or a Commonwealth, State or Territory authority, as an emergency vehicle.

[3]   After regulation 4

insert

5 Specified information (Act s 7)

(1) For paragraph 7 (1) (b) of the Act, an application for registration for entitlement to fuel grants in respect of a vehicle must include the following information relating to the vehicle:

(a) whether the applicant uses, or proposes to use, in Australia diesel or alternative fuel in that vehicle for the purposes of an enterprise conducted by the applicant;

(b) whether the vehicle has a gross vehicle mass of 4.5 tonnes or more and is registered for use on public roads.

(2) For paragraph 7 (1) (b) of the Act, an application for registration for entitlement to fuel grants in respect of a vehicle that has a gross vehicle mass of 4.5 tonnes or more, but less than 20 tonnes, must state whether the applicant uses, or intends to use, the vehicle to carry goods or passengers.

6 Prescribed registration details (Act s 7)

For subsection 7 (4) of the Act, the following matters or circumstances are prescribed:

(a) the use of the vehicle in respect of which an entity is registered for entitlement to fuel grants for the purposes of the enterprise to which the registration relates;

(b) the entity's role in conducting the enterprise;

(c) the entity's holding of an ABN;

(d) the entity's use, or proposal to use, diesel or alternative fuel in the vehicle;

(e) the entity's status as not having been disqualified under Part 5 of the Act from receiving a fuel grant for any use of diesel or alternative fuel.

7 Applicable amounts - diesel and alternative fuels (Act s 11)

(1) For paragraph 11 (1) (b) of the Act, the amounts per litre that are applicable to the following types of diesel or alternative fuel are:

(a) for diesel fuel - 17.798 cents;

(b) for compressed natural gas - 12.132 cents;

(c) for liquefied petroleum gas - 11.466 cents;

(d) for ethanol - 20.009 cents.

(2) An amount that is applicable to a fuel specified in subregulation (1) does not apply to a blend of that fuel and another fuel, whether or not the other fuel is specified in that subregulation.

8 Scale of expenses - attendance before Commissioner (Act s 41)

For subsection 41 (3) of the Act, the scale of expenses in Schedule 2 to the Taxation Administration Regulations 1976 is prescribed.

9 Form of identity cards - access to premises (Act s 48)

For subsection 48 (2) of the Act, the form of identity card set out in Schedule 7 is prescribed.

10 Form of identity cards - power to stop and search vehicles (Act s 51)

For subsection 51 (2) of the Act, the form of identity card set out in Schedule 7 is prescribed.

[4]   After Schedule 6

insert

Schedule 7 Form of identity cards

(regulations 9 and 10)

Commonwealth of Australia

Diesel and Alternative Fuels Grant Scheme Act 1999

IDENTIFICATION OF AUTHORISED OFFICER