Commonwealth Consolidated Acts

ENERGY GRANTS (CLEANER FUELS) SCHEME ACT 2004 - SECT 5

             (1)  You are provisionally entitled to a cleaner fuel grant for a quantity of fuel if:

                     (a)  the fuel is:

                              (i)  imported into Australia; or

                             (ii)  manufactured in Australia;

                            on or after the fuel's start day; and

                     (b)  one of the following subparagraphs applies to you:

                              (i)  you imported the fuel into Australia;

                             (ii)  you manufactured the fuel in Australia;

                            (iii)  you bought the fuel from such an importer or manufacturer;

                            (iv)  you bought the fuel from a licensed person for the fuel;

                             (v)  you arranged for the fuel to be manufactured in Australia on your behalf; and

                     (c)  at a particular time (the qualifying time ):

                              (i)  you enter the fuel; or

                             (ii)  if someone else has already entered the fuel, you consume or finally sell the fuel; and

                     (e)  if you did not import the fuel into Australia, you are a licensed person for the fuel at the qualifying time; and

                      (f)  the fuel is a cleaner fuel at the qualifying time; and

                     (g)  at or before the qualifying time you did not:

                              (i)  sell the fuel to a licensed person for the fuel; or

                             (ii)  include the fuel in a fuel blend; and

                     (h)  no other provisional entitlement for the fuel arose before the qualifying time; and

Note:       Previous provisional entitlements disqualified under section 7 are taken never to have existed.

                      (i)  each requirement (if any) prescribed by the regulations is satisfied.

             (2)  However, you are not provisionally entitled to a cleaner fuel grant for the quantity of fuel if:

                     (a)  at the qualifying time, the fuel contained one or more other cleaner fuels; and

                     (b)  for each of those other cleaner fuels, a provisional entitlement arose before the qualifying time.

Note:          Previous provisional entitlements disqualified under section 7 are taken never to have existed.

             (3)  Your provisional entitlement arises at the qualifying time.

             (4)  For the purposes of this section, you consume or finally sell the fuel if:

                     (a)  you form an intention that the fuel is to be consumed in carrying on your enterprise, other than:

                              (i)  by inclusion in a fuel blend; or

                             (ii)  by being sold, or otherwise provided, to another person; or

                     (b)  you sell the fuel to a person who is not a licensed person for the fuel at the time of the sale.