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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Product
Stewardship (Oil) (Consequential Amendments) Bill
2000
No. ,
2000
(Treasury)
A Bill
for an Act to make consequential amendments in connection with the enactment of
the Product Stewardship (Oil) Act 2000, and for other
purposes
ISBN: 0642 438587
Contents
Excise Act
1901 3
Product Grants and Benefits Administration Act
2000 3
A Bill for an Act to make consequential amendments in
connection with the enactment of the Product Stewardship (Oil) Act 2000,
and for other purposes
The Parliament of Australia enacts:
This Act may be cited as the Product Stewardship (Oil) (Consequential
Amendments) Act 2000.
(1) Subject to this section, this Act commences, or is taken to have
commenced, on the commencement of Part 1 of the Product Stewardship
(Oil) Act 2000.
(2) Items 7 and 8 of Schedule 1 commence immediately after the
later of:
(a) the commencement of section 1 of this Act; and
(b) the commencement of Schedule 1 to the
A New Tax System (Tax Administration) Act
(No. 2) 2000.
Subject to section 2, each Act that is specified in a Schedule to
this Act is amended or repealed as set out in the applicable items in the
Schedule concerned, and any other item in a Schedule to this Act has effect
according to its terms.
1 Section 77G
(definition of petroleum
product)
Omit “or 12” (wherever occurring), substitute “, 12 or
15”.
Product Grants and
Benefits Administration Act 2000
2 After section 3
Insert:
This Act, to the extent that it applies in relation to product
stewardship (oil) benefits, extends to all the external Territories.
3 Section 8 (after table
item 1)
Insert:
|
2 |
product stewardship (oil) benefits |
Product Stewardship (Oil) Act 2000 |
4 Subsection 9(1)
After “approved form”, insert “and include such
information as is specified in the regulations”.
5 After subsection 9(3)
Insert:
Specific requirement for product stewardship (oil)
benefits
(3A) The specific requirement in relation to registration for the product
stewardship (oil) benefits is that the Commissioner is satisfied that
you:
(a) are licensed under section 34 of the Excise Act 1901;
and
(b) satisfy any regulations made under this paragraph in relation
to:
(i) compliance with relevant Commonwealth, State or Territory legislation
relating to recycling operations or enterprises; and
(ii) the signing of any prescribed Code of Practice relating to recycled
oils; and
(iii) compliance with any such prescribed Code of Practice; and
(c) satisfy any prescribed conditions.
6 After section 24
Insert:
(1) Interest is payable by the Commissioner to a person in respect of an
amount of grant or benefit that becomes payable to the person if:
(a) the amount relates to a grant or benefit for a claim period;
and
(b) the amount is payable as a result of a decision to which this section
applies (the review decision).
(2) The interest is to be calculated for the period (the interest
period):
(a) starting on the day on which the original assessment in relation to
the grant or benefit was made; and
(b) ending on the day on which the amount is paid or applied by the
Commissioner.
(3) The following method statement shows how to work out the interest
(which is calculated on a daily basis):
Calculating the interest payable
Step 1. Work out the amount that is determined by the review
decision to be the amount of the grant or benefit payable in relation to the
claim period.
Step 2. For each day in the interest period, work out the amount of
the grant or benefit that had been paid or applied by the Commissioner on or
before that day (reduced by any amounts repaid before that day by the
person).
Step 3. For each day in the interest period, subtract the amount
worked out in step 2 from the amount worked out in step 1. If the result is
negative, it is taken to be nil.
Step 4. For each day in the interest period, multiply the amount
worked out in step 3 by Treasury Note yield rate for the day (expressed as a
daily rate).
Step 5. Add all of the amounts worked out under step 4.
(4) In this section:
decision to which this section applies means:
(a) a decision under Part IVC of the Taxation Administration Act
1953 upon an objection relating to a grant or benefit; or
(b) a decision of the Administrative Appeals Tribunal in relation to an
objection mentioned in paragraph (a); or
(c) a decision of a court in relation to:
(i) an objection mentioned in paragraph (a); or
(ii) a decision of the kind mentioned in paragraph (b).
Treasury Note yield rate for a day has the same meaning as in
section 8AAD of the Taxation Administration Act 1953.
7 Part 8 (heading)
Repeal the heading, substitute:
8 Sections 36 to 41
Repeal the sections.
9 Before subparagraph
47(3)(c)(ii)
Insert:
(ib) the Secretary of the Environment Department and is of information
that is related to product stewardship (oil) benefits; or
10 Before subparagraph
47(3)(d)(ii)
Insert:
(ib) the Secretary of the Environment Department and is of information
that is related to product stewardship (oil) benefits; or
11 Subsection 47(5)
Insert:
Environment Department means the Department responsible for
the administration of the Environment Protection and Biodiversity
Conservation Act 1999.