Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]

EXCISE AMENDMENT REGULATIONS 2003 (NO. 1) 2003 NO. 180

STATUTORY RULES 2003 No. 180

Issued by authority of the Minister for Revenue and Assistant Treasurer

Excise Act 1901

Excise Amendment Regulations 2003 (No. 1)

Section 164 of the Excise Act 1901 (the Act) provides that the Governor-General may make regulations not inconsistent with the Act prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for giving effect to the Act or for the conduct of any business relating to the Excise.

Section 4 of the Act provides that "diesel fuel" includes any other like fuel of a kind that is prescribed. The proposed Regulations relate to diesel and prescribed like fuels.

Paragraph 78(1)(b) of the Act allows the regulations to prescribe circumstances, conditions and restrictions for remission, refund and rebate of excise duty.

Subsection 78A(1) provides that a rebate is subject to such conditions and restrictions as are prescribed.

The purpose of the regulations is to amend the Excise Regulations 1925 (the principal Regulations) as they relate to the Diesel Fuel Rebate Scheme, as a consequence of the enactment of the Energy Grants (Credits) Scheme Act 2003.

The Energy Grants (Credits) Scheme replaces the Diesel Fuel Rebate Scheme on 1 July 2003.

The Regulations amend the principal Regulations relating to the Diesel Fuel Rebate Scheme by omitting those fuels that have been prescribed as diesel fuel for the purposes of section 4 of the Act in Regulation 2AA, with effect from 1 July 2003. Redundant provisions relating to the making of an application for diesel fuel rebate are also repealed.

The Energy Grants (Credits) Scheme maintains entitlements equivalent to those currently available in respect of the Diesel Fuel Rebate Scheme administered under this Act and the Customs Act 1901.

Some uses of diesel fuel and other fuels that were previously eligible for remission or refund of excise duty under regulation 50 of the principal Regulations are now eligible for a grant under the Energy Grants (Credits) Scheme. The Regulations repeal or amend the redundant refund circumstances and associated provisions in other regulations, with effect from 1 July 2003. The relevant remission circumstances will continue to operate in parallel with the relevant provisions of the Energy Grants (Credits) Scheme until 1 February 2004. The Regulations also repeal or amend the redundant remission circumstances with effect from 1 February 2004.

The Regulations commenced on gazettal.