ENERGY GRANTS (CLEANER FUELS) SCHEME ACT 2004 [ REPEALED]

PART 1 - PRELIMINARY  

SECTION 4   Definitions  

(1)  
In this Act, unless the contrary intention appears:

Australia
does not include the external Territories.

biodiesel
means fuel that:


(a) is manufactured by chemically altering vegetable oils or animal fats (including recycled oils from these sources) to form mono-alkyl esters; and


(b) complies with the applicable fuel standard for such fuel.

carrying on an enterprise
includes doing anything in the course of the commencement or termination of the enterprise.

cleaner fuel
means:


(a) biodiesel or renewable diesel; or


(b) a fuel (including a fuel blend) prescribed by the regulations that complies with each applicable fuel standard for such fuel.

CNG
(Repealed by No 66 of 2011)

consume or finally sell the fuel
is defined in subsection 5(4) .

end day
(Repealed by No 66 of 2011)

enterprise
is defined in section 38 of the A New Tax System (Australian Business Number) Act 1999 .

enter the fuel
, for a quantity of fuel, means:


(a) to enter the fuel into home consumption within the meaning of Division 4 of Part IV of the Customs Act 1901 ; or


(b) to deliver the fuel into home consumption in accordance with a permission under section 69 of the Customs Act 1901 ; or


(c) to enter the fuel for home consumption within the meaning of Part VI of the Excise Act 1901 ; or


(d) to deliver the fuel for home consumption in accordance with a permission under section 61C of the Excise Act 1901 .

ethanol
(Repealed by No 66 of 2011)

excise duty rate
, for a cleaner fuel, means the excise duty rate:


(a) applicable to the cleaner fuel; and


(b) set out in the Schedule to the Excise Tariff Act 1921 .

fuel standard
means a fuel standard made under the Fuel Quality Standards Act 2000 .

licensed person
, for a fuel, means:


(a) a person who is:


(i) a licensed manufacturer (as defined in the Excise Act 1901 ); or

(ii) a holder of a storage licence (as defined in the Excise Act 1901 ); or

(iii) a person specified in a permission given under section 61C of the Excise Act 1901 ; or

(iv) a person to whom a permission has been granted under section 69 of the Customs Act 1901 ;
for goods of a kind including the fuel; or


(b) a manufacturer of goods of a kind including the fuel if:


(i) the manufacturer is not a licensed manufacturer (as defined in the Excise Act 1901 ) for the fuel; and

(ii) the transition period (under section 15 of the Excise Act 1901 ) for the fuel is yet to end for the manufacturer.

LNG
(Repealed by No 66 of 2011)

LPG
(Repealed by No 66 of 2011)

manufacture
includes fuel blending as described in section 77G of the Excise Act 1901 .

methanol
(Repealed by No 66 of 2011)

offset rate
(Repealed by No 66 of 2011)

qualifying time
, for a person in relation to a quantity of fuel, is defined in subsection 5(1) .

renewable diesel
has the meaning given by section 4A.

start day
means:


(a) for biodiesel - the day this Act commences, or is taken to have commenced; or


(aaa) for renewable diesel - 1 July 2006; or


(aa) (Repealed by No 66 of 2011)


(b) for each other cleaner fuel - the day prescribed by the regulations as the start day for that cleaner fuel.

(2)  
An expression used in this Act that is also used in the Product Grants and Benefits Administration Act 2000 has the same meaning as in that Act, unless the contrary intention appears.


 

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