Energy Grants (Cleaner Fuels) Scheme Amendment Act 2011
No. 66, 2011
An Act to amend the Energy Grants (Cleaner Fuels) Scheme Act 2004, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendments
Energy Grants (Cleaner Fuels) Scheme Act 2004
Energy Grants (Cleaner Fuels) Scheme Amendment Act 2011
No. 66, 2011
An Act to amend the Energy Grants (Cleaner Fuels) Scheme Act 2004, and for related purposes
[Assented to 29 June 2011]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Energy Grants (Cleaner Fuels) Scheme Amendment Act 2011.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 29 June 2011 |
2. Schedule 1 | 30 June 2011. However, the provision(s) do not commence at all if any of the following do not commence on or before 30 June 2011: (a) section 1 of the Excise Tariff Amendment (Taxation of Alternative Fuels) Act 2011; (b) section 1 of the Customs Tariff Amendment (Taxation of Alternative Fuels) Act 2011; (c) section 1 of the Taxation of Alternative Fuels Legislation Amendment Act 2011. | 30 June 2011 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Energy Grants (Cleaner Fuels) Scheme Act 2004
1 Paragraph 2A(a)
Omit “during the period starting on 18 September 2003 and ending on 30 June 2011”, substitute “on or after 18 September 2003”.
2 Paragraph 2A(aa)
Omit “during the period starting on 1 July 2006 and ending on 30 June 2011”, substitute “on or after 1 July 2006”.
3 Paragraph 2A(b)
Repeal the paragraph.
4 Subsection 4(1) (paragraph (a) of the definition of cleaner fuel)
Omit “, CNG, ethanol, LNG, LPG, methanol”.
5 Subsection 4(1) (definition of CNG)
Repeal the definition.
6 Subsection 4(1) (definition of end day)
Repeal the definition.
7 Subsection 4(1) (definition of ethanol)
Repeal the definition.
8 Subsection 4(1) (definition of LNG)
Repeal the definition.
9 Subsection 4(1) (definition of LPG)
Repeal the definition.
10 Subsection 4(1) (definition of methanol)
Repeal the definition.
11 Subsection 4(1) (definition of offset rate)
Repeal the definition.
12 Subsection 4(1) (paragraph (aa) of the definition of start day)
Repeal the paragraph.
13 Paragraph 5(1)(d)
Repeal the paragraph.
14 Subsection 8(1)
Repeal the subsection, substitute:
(1) If you are entitled to a cleaner fuel grant for a quantity of biodiesel or renewable diesel, the amount of your grant is worked out in accordance with the regulations by reference to biodiesel’s excise duty rate.
15 Saving provision
The amendment made by item 14 of this Schedule does not affect the continuity of any regulations made under subsection 8(1) of the Energy Grants (Cleaner Fuels) Scheme Act 2004 that are in force immediately before that item commences.
[Minister’s second reading speech made in—
House of Representatives on 12 May 2011
Senate on 16 June 2011]
Overview
The Energy Grants (Cleaner Fuels) Scheme Amendment Act 2011 was enacted by the Parliament of Australia on 29 June 2011 to amend the Energy Grants (Cleaner Fuels) Scheme Act 2004. The primary objective of this amendment is to extend the eligibility period for receiving grants under the scheme for biodiesel and renewable diesel beyond the previously specified end date of 30 June 2011. This change removes the time-based restrictions, allowing grants to continue to be awarded on or after the original start dates of 18 September 2003 for biodiesel and 1 July 2006 for renewable diesel. The Act also simplifies the calculation of grants by referencing biodiesel's excise duty rate, ensuring a streamlined approach to the administration of these grants. The changes are designed to support the ongoing use and development of cleaner fuel technologies in Australia.
Scope and Application
The Energy Grants (Cleaner Fuels) Scheme Amendment Act 2011 amends the Energy Grants (Cleaner Fuels) Scheme Act 2004 to make changes to the scheme's eligibility criteria, the types of fuels eligible for grants, and the calculation of grants for biodiesel and renewable diesel. The Act applies to entities and individuals who are eligible for a cleaner fuel grant under the Scheme. The changes made by the Act extend to the entire Commonwealth of Australia and come into effect on 30 June 2011, or on the day the Act receives Royal Assent, whichever is later. The Act also includes a saving provision to ensure the continuity of existing regulations made under subsection 8(1) of the Energy Grants (Cleaner Fuels) Scheme Act 2004. The Act does not specify any exclusions or exemptions to its application, and any further detail on the operation of the amended Scheme would be found in subordinate instruments or regulations made under the Act.
Key Provisions
The Energy Grants (Cleaner Fuels) Scheme Amendment Act 2011 amends the Energy Grants (Cleaner Fuels) Scheme Act 2004. The key changes are outlined in Schedule 1 of the Amendment Act. Most of the amendments commenced on 30 June 2011, provided certain related legislation also commenced on or before that date (s 2). Paragraph 2A(a) and 2A(aa) of the Energy Grants (Cleaner Fuels) Scheme Act 2004 have been amended to remove the end dates of 30 June 2011, thereby extending the eligibility period indefinitely (Schedule 1, items 1 and 2). Paragraph 2A(b) has been repealed (Schedule 1, item 3). The definitions of certain types of fuels, such as CNG, ethanol, LNG, LPG, and methanol, have been removed from the definition of cleaner fuel and their individual definitions have been repealed (Schedule 1, items 4-9). The definition of offset rate has also been repealed (Schedule 1, item 11). The definition of start day has been amended to remove a specific reference to the date 1 July 2006 (Schedule 1, item 12). The reference to LPG in paragraph 5(1)(d) has been repealed (Schedule 1, item 13). Lastly, subsection 8(1) has been repealed and replaced with a new provision that states the amount of a cleaner fuel grant for biodiesel or renewable diesel is calculated according to the regulations with reference to biodiesel’s excise duty rate (Schedule 1, item 14).
The Act imposes several obligations on parties involved in the Energy Grants (Cleaner Fuels) Scheme. For instance, the eligibility criteria for grants have been amended to extend the period for which certain grants can be claimed. The removal of specific fuel types from the definition of cleaner fuel may limit the types of fuels eligible for grants, requiring applicants to ensure their fuel meets the new criteria. The Act also requires the calculation of grants for biodiesel or renewable diesel to be based on biodiesel’s excise duty rate, necessitating compliance with the new regulatory framework.
The Amendment Act does not explicitly outline specific offences or penalties for breach within its text. However, breaches of the amended Energy Grants (Cleaner Fuels) Scheme Act 2004 may result in civil or criminal consequences depending on the nature and severity of the breach. Penalties for breaches of environmental or energy legislation can vary widely, potentially including fines and imprisonment for serious offences. The exact penalties would be determined by the relevant court or tribunal based on the specific circumstances of the breach and any applicable laws.