FUEL SALES GRANTS REGULATIONS 2000 (REPEALED)
These Regulations are the Fuel Sales Grants Regulations 2000. REGULATION 2 2 COMMENCEMENT
These Regulations commence on 1 July 2000. REGULATION 3 INTERPRETATION 3(1)
In these Regulations:
Act
means the Fuel Sales Grants Act 2000.
Fuel site
means premises at which fuel is sold by retail to the end user of the fuel.
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metropolitan area
means an area that:
(a) has an ARIA score of zero; and
(b) is specified in the table in regulation 4.
non-metropolitan area
means an area of land that does not include:
(a) a metropolitan area or a part of a metropolitan area; or
(b) a remote area or a part of a remote area.
remote area
means an area of land that has an ARIA score that is greater than 5.8.
3(2)
In subregulation (1), a reference to the ARIA score for an area is a reference to the score for the area in accordance with the edition of Measuring Remoteness: Accessibility/Remoteness Index of Australia (ARIA) that was last published by the University of Adelaide before 1 July 2000.
Note 1 ARIA is a publication of the National Key Centre for Social Applications of Geographical Information Systems of the University of Adelaide. It is an Occasional paper in New Series No. 6 published by that University.
Note 2 ARIA produces scores that vary from zero (high accessibility) to 12 (high remoteness).
3(3)
A location that abuts a road (or the road reserve) the centre line of which is the boundary between a metropolitan area and a non-metropolitan area is taken to be in the non-metropolitan area.
3(4)
A location that abuts a road (or the road reserve) the centre line of which is the boundary between a non-metropolitan area and a remote area is taken to be in the remote area.
3(5)
If, along a continuous road:
(a) a fuel site in a metropolitan area ( site 1 ) is located between at least 2 other fuel sites in a non-metropolitan area; and
(b) each of the other fuel sites is not more than 5 kilometres from site 1 -
site 1 is taken to be in the non-metropolitan area.
3(6)
Subregulation (5) applies:
(a) whether or not parts of the continuous road have different names; and
(b) whether or not 1 or more fuel sites are located in a metropolitan area between site 1 and any of the 2 other sites in the non-metropolitan area.
REGULATION 4 4 URBAN CENTRES/LOCALITIES
For the purposes of the definition of metropolitan area in subregulation 3(1), the following areas listed as urban centres/localities in the Statistical Geography: Volume 3 - Australian Standard Geographical Classification (ASGC) Urban Centres/Localities (published by the Australian Bureau of Statistics), as in force on 30 June 2000, are specified:
| Item | Urban centre/locality code | Name of urban centre/locality | State or Territory |
| 1 | 171400 | Sydney | New South Wales |
| 2 | 160400 | Newcastle | New South Wales |
| 3 | 134000 | Gold Coast-Tweed Heads | New South Wales |
| 4 | 232200 | Melbourne | Victoria |
| 5 | 308400 | Brisbane | Queensland |
| 6 | 323600 | Gold Coast-Tweed Heads | Queensland |
| 7 | 523000 | Perth | Western Australia |
| 8 | 400200 | Adelaide | South Australia |
| 9 | 800200 | Canberra-Queanbeyan | Australian Capital |
An eligible location is a non-metropolitan area or a remote area. REGULATION 5A VESSELS 5A(1)
If:
(a) a vessel (the receiving vessel ) receives fuel from another vessel in the coastal sea; and
(b) the fuel has been sold to the operator of the receiving vessel; and
(c) the receiving vessel is the end user of the fuel; and
(d) the closest land to the receiving vessel is part of a metropolitan area -
the receiving vessel is taken to be in the metropolitan area.
Note
Coastal sea is defined in subsection 15B(4) of the Acts Interpretation Act 1901.
5A(2)
If:
(a) a vessel (the receiving vessel ) receives fuel from another vessel in the coastal sea; and
(b) the fuel has been sold to the operator of the receiving vessel; and
(c) the receiving vessel is the end user of the fuel; and
(d) the closest land to the receiving vessel is part of a non-metropolitan area -
the receiving vessel is taken to be in the non-metropolitan area.
Note
Coastal sea is defined in subsection 15B(4) of the Acts Interpretation Act 1901.
5A(3)
If:
(a) a vessel (the receiving vessel ) receives fuel from another vessel in the coastal sea; and
(b) the fuel has been sold to the operator of the receiving vessel; and
(c) the receiving vessel is the end user of the fuel; and
(d) the closest land to the receiving vessel is part of a remote area -
the receiving vessel is taken to be in the remote area.
Note
Coastal sea is defined in subsection 15B(4) of the Acts Interpretation Act 1901.
REGULATION 6 AMOUNTS OF FUEL SALES GRANT (ACT S 8) 6(1)
The amount of fuel sales grant in respect of the sale of fuel in a payment period in a non-metropolitan area is 1 cent for each litre of fuel sold in the period.
6(2)
The amount of fuel sales grant in respect of the sale of fuel in a payment period in a remote area is 2 cents for each litre of the fuel sold in the period, together with any additional amount worked out under subregulation (3).
6(3)
The additional amount for subregulation (2) is 1 cent for each litre of the fuel sold during the payment period if either:
(a) the following conditions apply ( first claim ):
(i) the claimant offered for sale fuel of that kind for not less than $1.21 for a litre during a period of 4 weeks that ended immediately before making the claim for the additional amount; and
(ii) immediately after making the claim:
(A) the claimant has continued to offer for sale fuel of that kind for not less than $1.20 for a litre; and
(B) fuel of that kind has been offered for sale for not less than $1.20 for a litre by other persons (if any) in comparable locations; or
(b) the following conditions apply ( subsequent claim ):
(i) the claimant has made a previous claim under paragraph (a); and
(ii) since making that claim:
(A) the claimant has continued to offer for sale fuel of that kind for not less than $1.20 for a litre; and
(B) fuel of that kind has been offered for sale for not less than $1.20 for a litre by other persons (if any) in comparable locations.
6(4)
In this regulation:
comparable location
, in relation to the location at which a claimant sells fuel, means a location:
(a) that is nearby; and
(b) to which the fuel is transported at a similar cost.
6(5)
However, the Commissioner may decide, in case of doubt, that a location qualifies as a comparable location.