{"id":"C2004A05256","name":"Fuel Misuse (Penalty Surcharge) Act 1997","slug":"fuel-misuse-penalty-surcharge-act-1997","collection":"act","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"163 of 1997","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":27223,"registerId":"commonwealth-C2004A05256-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Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title [see Note 1]","content":"#### 1 Short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 Misuse (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":"Penalty surcharge on marked fuel used in internal combustion engines","content":"#### 5 Penalty surcharge on marked fuel used in internal combustion engines\n\n  Penalty surcharge is imposed, after the commencement of this Act, on the use of marked fuel in an internal combustion engine.","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 use of marked fuel is payable by the person owning the fuel at the time of its use.","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":2642},"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This legislation maintains its original narrow scope of imposing a penalty surcharge specifically on the misuse of marked fuel in internal combustion engines. No expansion beyond this original intent is evident."},"complexity_factors":["Very short statute with only 7 operative sections","Relies entirely on companion Administration Act for key definitions (e.g., 'marked fuel')","Rate calculation depends on external variable (maximum diesel rate) defined in other legislation","Geographic carve-outs for External Territories and Norfolk Island Crown rights"],"plain_english_summary":"This law imposes a penalty surcharge when dyed, tax‑discounted \"marked fuel\" (off‑road diesel or petrol) is used in an internal combustion engine in a road vehicle. The person owning the fuel at the time of use is liable.\n\nThe penalty equals twice the maximum diesel excise rate per litre. It applies across mainland Australia (excluding External Territories) and does not apply to the Crown for Norfolk Island. The measure stops avoidance of fuel excise by using subsidised off‑road fuel in regular vehicles."}},"importantCases":[],"_links":{"self":"/api/acts/fuel-misuse-penalty-surcharge-act-1997","history":"/api/acts/fuel-misuse-penalty-surcharge-act-1997/history","analysis":"/api/acts/fuel-misuse-penalty-surcharge-act-1997/analysis","conflicts":"/api/acts/fuel-misuse-penalty-surcharge-act-1997/conflicts","importantCases":"/api/acts/fuel-misuse-penalty-surcharge-act-1997/important-cases","documents":"/api/acts/fuel-misuse-penalty-surcharge-act-1997/documents"}}