Fuel Sales Grants Regulations 2000 (Cth)
made under the
This compilation was prepared on 5 July 2001
taking into account amendments up to SR 2001 No. 189
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
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These Regulations are the
Fuel Sales Grants Regulations 2000 .
These Regulations commence on 1 July 2000.
(1) In these Regulations:
Act means theFuel Sales Grants Act 2000 .fuel site means premises at which fuel is sold by retail to the end user of the fuel.metropolitan area means an area that:(a) has an ARIA score of zero; and
(b) is specified in the table in regulation 4.
non-metropolitan area means an area of land that does not include:(a) a metropolitan area or a part of a metropolitan area; or
(b) a remote area or a part of a remote area.
remote area means an area of land that has an ARIA score that is greater than 5.8.(2) In subregulation (1), a reference to the ARIA score for an area is a reference to the score for the area in accordance with the edition of
Measuring Remoteness: Accessibility/Remoteness Index of Australia (ARIA) that was last published by the University of Adelaide before 1 July 2000.Note 1 ARIA is a publication of the National Key Centre for Social Applications of Geographical Information Systems of the University of Adelaide. It is an Occasional Paper in New Series No. 6 published by that University.Note 2 ARIA produces scores that vary from zero (high accessibility) to 12 (high remoteness).(3) A location that abuts a road (or the road reserve) the centre line of which is the boundary between a metropolitan area and a non-metropolitan area is taken to be in the non-metropolitan area.
(4) A location that abuts a road (or the road reserve) the centre line of which is the boundary between a non-metropolitan area and a remote area is taken to be in the remote area.
If, along a continuous road:
(a) a fuel site in a metropolitan area (
site 1 ) is located between at least 2 other fuel sites in a non‑metropolitan area; and(b) each of the other fuel sites is not more than 5 kilometres from site 1 —
site 1 is taken to be in the non-metropolitan area.
(6) Subregulation (5) applies:
(a) whether or not parts of the continuous road have different names; and
(b) whether or not 1 or more fuel sites are located in a metropolitan area between site 1 and any of the 2 other sites in the non-metropolitan area.
For the purposes of the definition of
metropolitan area in subregulation 3 (1), the following areas listed as urban centres/localities in theStatistical Geography: Volume 3 — Australian Standard Geographical Classification (ASGC) Urban Centres/Localities (published by the Australian Bureau of Statistics), as in force on 30 June 2000, are specified:
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An
eligible location is a non-metropolitan area or a remote area.
(1) If:
(a) a vessel (the
receiving vessel ) receives fuel from another vessel in the coastal sea; and(b) the fuel has been sold to the operator of the receiving vessel; and
(c) the receiving vessel is the end user of the fuel; and
(d) the closest land to the receiving vessel is part of a metropolitan area —
the receiving vessel is taken to be in the metropolitan area.
Note Coastal sea is defined in subsection 15B (4) of theActs Interpretation Act 1901 .(2) If:
(a) a vessel (the
receiving vessel ) receives fuel from another vessel in the coastal sea; and(b) the fuel has been sold to the operator of the receiving vessel; and
(c) the receiving vessel is the end user of the fuel; and
(d) the closest land to the receiving vessel is part of a non-metropolitan area —
the receiving vessel is taken to be in the non‑metropolitan area.
Note Coastal sea is defined in subsection 15B (4) of theActs Interpretation Act 1901 .(3) If:
(a) a vessel (the
receiving vessel ) receives fuel from another vessel in the coastal sea; and(b) the fuel has been sold to the operator of the receiving vessel; and
(c) the receiving vessel is the end user of the fuel; and
(d) the closest land to the receiving vessel is part of a remote area —
the receiving vessel is taken to be in the remote area.
Note Coastal sea is defined in subsection 15B (4) of theActs Interpretation Act 1901 .
(1) The amount of fuel sales grant in respect of the sale of fuel in a payment period in a non-metropolitan area is 1 cent for each litre of the fuel sold in the period.
(2) The amount of fuel sales grant in respect of the sale of fuel in a payment period in a remote area is 2 cents for each litre of the fuel sold in the period, together with any additional amount worked out under subregulation (3).
(3) The additional amount for subregulation (2) is 1 cent for each litre of the fuel sold during the payment period if either:
(a) the following conditions apply (
first claim ):(i) the claimant offered for sale fuel of that kind for not less than $1.21 for a litre during a period of 4 weeks that ended immediately before making the claim for the additional amount; and
(ii) immediately after making the claim:
(A) the claimant has continued to offer for sale fuel of that kind for not less than $1.20 for a litre; and
(B) fuel of that kind has been offered for sale for not less than $1.20 for a litre by other persons (if any) in comparable locations; or
(b) the following conditions apply (
subsequent claim ):(i) the claimant has made a previous claim under paragraph (a); and
(ii) since making that claim:
(A) the claimant has continued to offer for sale fuel of that kind for not less than $1.20 for a litre; and
(B) fuel of that kind has been offered for sale for not less than $1.20 for a litre by other persons (if any) in comparable locations.
(4) In this regulation:
comparable location , in relation to the location at which a claimant sells fuel, means a location:(a) that is nearby; and
(b) to which the fuel is transported at a similar cost.
(5) However, the Commissioner may decide, in case of doubt, that a location qualifies as a comparable location.
The
2000 No. 161 | 28 June 2000 | 1 July 2000 | |
2000 No. 368 | 20 Dec 2000 | 20 Dec 2000 | — |
2001 No. 121 | 6 June 2001 | 6 June 2001 | — |
2001 No. 189 | 5 July 2001 | 5 July 2001 | — |
am. = amended rep. = repealed rs. = repealed and substituted | |
R. 3.......................................... | am. 2001 No. 189 |
R. 5A....................................... | ad. 2001 No. 121 |
R. 6.......................................... | am. 2000 No. 368 |
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