Commonwealth Numbered Regulations - Explanatory Statements

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PRODUCT GRANTS AND BENEFITS ADMINISTRATION AMENDMENT REGULATIONS 2003 (NO. 1) 2003 NO. 181

STATUTORY RULES 2003 No. 181

Issued by authority of the Minister for Revenue and Assistant Treasurer

Product Grants and Benefits Administration Act 2000

Product Grants and Benefits Administration Amendment Regulations 2003 (No. 1)

Section 60 of the Product Grants and Benefits Administration Act 2000 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Subsection 9(5) of the Act provides that, for section 9 (registration for entitlement to grant or benefits) "prescribed registration details" means matters or circumstances specified in the regulations.

Paragraph 9(2)(c) of the Act allows the regulations to prescribe conditions for registration for a grant or benefit.

The Energy Grants (Credits) Scheme Act 2003 replaces the Diesel Fuel Rebate Scheme and the Diesel and Alternative Fuels Grants Scheme with a single scheme called the Energy Grants (Credits) Scheme to commence on 1 July 2003. The Product Grants and Benefits Administration Act 2000 will provide the administrative framework for the Energy Grants (Credits) Scheme.

The Regulations prescribe conditions for registration for an energy grant under the Energy Grants (Credits) Scheme in respect of an off-road credit and an on-road credit. Regulations currently made under the Customs Act 1901 and the Excise Act 1901 require documents in respect of an application for diesel fuel rebate to be provided to an officer on request. The requirement to provide documents continues to apply to the off-road credit under the Energy Grants (Credits) Scheme and are replicated in these regulations. Required documents are also prescribed for the additional categories of rail transport, marine transport, electricity generation for retail or hospitality purposes and fish farming. The condition for entitlement to an on-road credit, that the vehicle in respect of which a fuel grant is paid be registered for use on public roads, currently provided for in the Diesel and Alternative Fuels Grants Scheme Act 1999 is prescribed in these regulations.

The Regulations commenced on gazettal.