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Energy Grants (Credits) Scheme Bill 2003

Part 4 Entitlement to off-road credits

   

Note:       The credits concerned relate predominantly to off-road activities although in some cases arise for on-road activities

51   Entitlement to off-road credit

                   This part sets out the requirements for you to be entitled to an off-road credit.

52   Requirement for registration

             (1)  Despite the other provisions of this Part, you are not entitled to an off-road credit unless you were registered under section 9A of the Product Grants and Benefits Administration Act 2000 for entitlement to an energy grant when you made a claim for payment of the grant in respect of the credit.

             (2)  For the purposes of subsection (1), if you make a claim:

                     (a)  after, or at the same time as, you apply for registration; but

                     (b)  before you are registered;

the claim is taken to have been made immediately after you are registered.

53   Off-road credit in respect of off-road diesel fuel for use for certain purposes

             (1)  Subject to such conditions and restrictions as are specified in the regulations, you are entitled to an off-road credit if you purchase or import into Australia off-road diesel fuel for a use by you that qualifies (see the following subsections).

Use in mining operations or primary production

             (2)  Use in mining operations (otherwise than for the purpose of propelling any vehicle on a public road), or in primary production (otherwise than for the purpose of propelling a road vehicle on a public road), is a use that qualifies.

Use in rail transport or marine transport

             (3)  Use in rail transport (otherwise than for the purpose of propelling a road vehicle on a public road), or in marine transport, in the course of carrying on an enterprise is a use that qualifies.

Use at certain premises

             (4)  Each of the following is a use that qualifies:

                     (a)  use at particular premises to generate electricity for use in the course of carrying on, at those premises, an enterprise that:

                              (i)  has, as its principal purpose, the retail sale of goods or services (other than electricity) or the provision of hospitality; and

                             (ii)  does not have, at those premises, ready access to a commercial supply of electricity;

                     (b)  use at residential premises to generate electricity for use in:

                              (i)  providing food and drink for; or

                             (ii)  providing lighting, heating, air-conditioning, hot water or similar amenities for; or

                            (iii)  meeting other domestic requirements of;

                            residents of the premises;

                     (c)  use at a hospital or nursing home or at any other institution providing medical or nursing care;

                     (d)  use at a home for aged persons.

Use in certain industrial processes

             (5)  Each of the following is a use that qualifies:

                     (a)  use, at a place that is not a natural gas area within the meaning of section 3A of the Liquefied Petroleum Gas (Grants) Act 1980 , in the chemical reduction of herreshoff-type roasters of oxides and other compounds of nickel and cobalt in lateritic nickel ore to produce elemental nickel and cobalt;

                     (b)  use, at a place:

                              (i)  that is not supplied by natural gas; or

                             (ii)  at which natural gas is not readily available; or

                            (iii)  at which the ready availability of natural gas has been temporarily interrupted by an event beyond your control;

                            as a chemical reactant in the calcination part of the Bayer process for refining bauxite into alumina;

                     (c)  use as an ingredient in the manufacture of explosives.

Various other uses that qualify

             (6)  Each of the following is a use that qualifies:

                     (a)  use, other than as a fuel, where the use is:

                              (i)  as a solvent; or

                             (ii)  as a mould release agent; or

                            (iii)  in road construction;

                     (b)  any other use specified in the regulations.

Certain diesel fuel for use other than in an internal combustion engine

             (7)  You are also entitled to an off-road credit if you purchase or import into Australia off-road diesel fuel for use by you where:

                     (a)  the use is not in an internal combustion engine; and

                     (b)  the off-road diesel fuel is of a kind specified in the regulations.

54   Only one credit for a particular use of fuel

                   If, apart from this section, you would be entitled to an off-road credit under more than one provision in relation to a particular use of off-road diesel fuel, you are only entitled to a credit under one of those provisions. In this case, you may choose the provision under which you are entitled.

55   Disqualifying use etc.

                   Despite the other provisions of this Part, you are not entitled, and are taken never to have been entitled, to an off-road credit in respect of off-road diesel fuel that you purchased, or imported into Australia, for a particular use if, in fact, you:

                     (a)  use the fuel for a use (the actual use ) other than that particular use, except where you would have been entitled to such a credit if you had purchased the fuel for the actual use; or

                     (b)  sell or otherwise dispose of the fuel; or

                     (c)  lose the fuel (whether because of accident, theft or any other reason).