{"id":"C2004A05258","name":"Fuel Blending (Penalty Surcharge) Act 1997","slug":"fuel-blending-penalty-surcharge-act-1997","collection":"act","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"165 of 1997","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":27225,"registerId":"commonwealth-C2004A05258-current","compilationNumber":null,"startDate":"2026-04-01","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title [see Note 1]","content":"#### 1 Short title \\[see Note 1\\]\n\n  This Act may be cited as the Fuel Blending (Penalty Surcharge) Act 1997.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement [see Note 1]","content":"#### 2 Commencement \\[see Note 1\\]\n\n  This Act commences on the commencement of the Excise Tariff (Fuel Rates Amendments) Act 1997.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n  (1) In this Act:\n\n> Administration Act means the Fuel (Penalty Surcharges) Administration Act 1997.\n\n  (2) Expressions used in this Act that are defined for the purposes of the Administration Act have the same meaning as in the Administration Act.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Coverage of Act and binding of Crown","content":"#### 4 Coverage of Act and binding of Crown\n\n  (1) This Act does not extend to any of the External Territories.\n  (2) This Act binds the Crown in all of its capacities other than the Crown in right of Norfolk Island.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Imposition of penalty surcharge","content":"#### 5 Imposition of penalty surcharge\n\n  (1) Penalty surcharge is imposed, after the commencement of this Act, on the blending of marked fuel and unmarked fuel if the mixture resulting from the blend is itself marked fuel.\n  (2) The penalty surcharge is imposed on all of the fuel in the blend.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"By whom is penalty surcharge payable?","content":"#### 6 By whom is penalty surcharge payable?\n\n  Penalty surcharge on the blending of marked fuel and unmarked fuel is payable by the person owning the fuel immediately after its blending.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Rate of penalty surcharge","content":"#### 7 Rate of penalty surcharge\n\n  The rate of penalty surcharge per litre of fuel on which the surcharge is imposed is twice the maximum diesel rate.","sortOrder":6}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-batch","completionTokens":1516},"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This legislation remains tightly focused on its original purpose of imposing a penalty surcharge on specific fuel blending activities. It has not expanded beyond the narrow scope of taxing the mixing of marked and unmarked fuel."},"complexity_factors":["Only 7 sections total","Single operational trigger (blending marked and unmarked fuel)","Simple calculation method (twice the maximum diesel rate)","Minimal cross-referencing (only to Administration Act for definitions)","No nested exceptions or conditional clauses"],"plain_english_summary":"This law imposes a penalty tax on anyone who mixes marked (tax‑favoured, dyed/tagged) fuel with unmarked fuel such that the blend remains classified as marked fuel. The owner of the fuel immediately after mixing pays a surcharge equal to twice the maximum diesel excise per litre on the whole blend, deterring abuse of lower off‑road rates. It applies across Australian states and mainland territories (not external territories or Norfolk Island) and operates with the Fuel (Penalty Surcharges) Administration Act 1997."}},"importantCases":[],"_links":{"self":"/api/acts/fuel-blending-penalty-surcharge-act-1997","history":"/api/acts/fuel-blending-penalty-surcharge-act-1997/history","analysis":"/api/acts/fuel-blending-penalty-surcharge-act-1997/analysis","conflicts":"/api/acts/fuel-blending-penalty-surcharge-act-1997/conflicts","importantCases":"/api/acts/fuel-blending-penalty-surcharge-act-1997/important-cases","documents":"/api/acts/fuel-blending-penalty-surcharge-act-1997/documents"}}