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CUSTOMS AND EXCISE LEGISLATION AMENDMENT BILL 1995

Order of the day read for the further consideration of the bill in

committee of the whole.

In the committee

Senator Margetts, by leave, moved the following amendments together:

Clause 2, page 2, subclause (2), line 1, omit "7", substitute "7A".

Clause 2, page 2, subclause (3), line 3, after "6", insert ", 7".

Schedule 1, page 7, item 7, omit ", limestone or water", substitute "or

limestone".

Schedule 1, page 7, after item 7, insert the following item:

"7A. Subsection 164(7) (definition of "minerals'):

At the end, add:

"In this Act, water is not to be considered to be a mineral.'.".

Clause 5, page 2, after subclause (2), insert the following subclauses:

"(2A) Subsection (1) does not apply to:

(a) a rebate application made by a person in respect of diesel fuel

purchased by the person for use by the person in mining

operations in relation to sand, sandstone, soil, slate, clay

(other than bentonite or kaolin), basalt, granite, gravel or

limestone; or

(b) an application made to the Administrative Appeals Tribunal in

relation to such an application.

"(2B) If a person purchased diesel fuel before 1 July 1995 for use by

that person in mining operations described in subsection (2A):

(a) the person may make an application under section 164 of the

Customs Act 1901 for a rebate of customs duty, and under section

78A of the Excise Act 1901 for a rebate of excise duty, in

respect of that fuel; and

(b) if that application:

(i) is not made; or

(ii) is not finally decided before 1 July 1995;

then, for all purposes connected with the making and deciding of

that application and making any necessary payment of rebate, the

Customs Act 1901 and the Excise Act 1901 have effect as if:

(iii) the amendment set out in item 7 of Schedule 1 had not been

made; and

(iv) the rate at which the rebate is payable were $0.30149 per

litre; and

(c) the person is not entitled to make an application for rebate in

respect of that fuel otherwise than in accordance with

paragraphs (a) and (b).".

Debate ensued.

Senator Margetts, by leave, withdrew the amendments.

Senator Crane moved the following amendments together by leave:

Clause 2, line 5 (page 1) to line 4 (page 2), omit the clause,

substitute the following clause:

Commencement

"2. This Act is taken to have commenced at 7.30 p.m., by legal time in

the Australian Capital Territory on 9 May 1995.".

Clause 5, line 9 (page 2) to line 6 (page 4), omit the clause.

Debate ensued.

Question--That the amendments be agreed to--put.

The committee divided--

AYES, 24

Abetz Boswell Brownhill Chapman Crane Ellison Ferguson Herron Hill Kemp Knowles Macdonald, Ian Macdonald, Sandy MacGibbon McGauran Panizza (Teller) Parer Patterson Reid Short Tambling Teague Tierney Troeth

NOES, 27

Bell Bourne Carr Chamarette Coates Collins, Jacinta Colston Cook Cooney Coulter Denman Devereux Evans, Christopher Faulkner Foreman (Teller) Forshaw Kernot Lees Margetts Murphy Neal Schacht Sherry Spindler West Wheelwright Woodley

Question negatived.

Declarations of interest: Senators Short, Denman, Colston, MacGibbon,

Crane, Panizza and Ian Macdonald and the Leader of the National Party of

Australia in the Senate (Senator Boswell) each declared an interest in

relation to the bill.

Senator Margetts moved the following amendments together by leave:

Clause 2, page 2, subclause 2, lines 1 and 2, omit the subclause,

substitute the following subclause:

"(2) Items 4, 7 (only insofar as that item refers to water) and items

8 and 10 of Schedule 1 are taken to have commenced on 1 August 1986.".

Clause 2, page 2, subclause 3, lines 3 and 4, omit the subclause,

substitute the following subclause:

"(3) Items 1, 5, 6, 7 (insofar as that item refers to sand, sandstone,

soil, slate, clay (other than bentonite and kaolin), basalt, granite,

gravel and limestone) and item 9 of Schedule 1, and Schedule 2,

commence on 1 July 1995.".

Clause 5, page 2, subclause (3), after "subparagraph 2(a)(i), (ii) or

(iii)", insert "for the purposes of the definition of minerals in item 7

(excluding water)".

Clause 5, page 3, subparagraph (3)(iii), omit the subparagraph,

substitute the following subparagraph:

"(iii) the amendments set out in items 1, 5, 6, 7 (insofar as that

item refers to sand, sandstone, soil, slate, clay (other than

bentonite or kaolin), basalt, granite, gravel and limestone)

and item 9 of Schedule 1, and Schedule 2, had not been made;

and".

Question--That the amendments be agreed to--put.

The committee divided--

AYES, 26

Abetz Baume Boswell Brownhill Chamarette Chapman Crane Ellison Ferguson Herron Hill Kemp Knowles Macdonald, Ian Macdonald, Sandy MacGibbon McGauran Margetts Panizza (Teller) Parer Patterson Reid Short Teague Tierney Troeth

NOES, 25

Bell Bourne Carr Coates Collins, Jacinta Colston Cook Cooney Coulter Crowley Denman Devereux Evans, Christopher Jones (Teller) Kernot Lees Murphy Neal Reynolds Schacht Sherry Spindler West Wheelwright Woodley

Question agreed to.

Bill, as amended, agreed to.

Bill to be reported with amendments.

The Acting Deputy President (Senator Colston) resumed the Chair and the

Chairman of Committees (Senator Reid) reported accordingly.

On the motion of Senator Schacht the report from the committee was

adopted and the bill read a third time.