{"id":"qld:act-2009-022","name":"Fuel Subsidy Repeal Act 2009","slug":"fuel-subsidy-repeal-act-2009","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"22 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29874,"registerId":"qld-act-2009-022-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Fuel Subsidy Repeal Act 2009 .\ns 1 amd 2009 No. 22 s 22","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nParts 2 , 4 and 6 to 12 and the schedule commence on 1 July 2009.\nPart 5 commences on 2 July 2009.\n(sec.2-ssec.1) Parts 2 , 4 and 6 to 12 and the schedule commence on 1 July 2009.\n(sec.2-ssec.2) Part 5 commences on 2 July 2009.","sortOrder":2},{"sectionNumber":"pt.2","sectionType":"part","heading":"Savings and transitional provisions for repeal of Fuel Subsidy Act 1997","content":"# Savings and transitional provisions for repeal of Fuel Subsidy Act 1997","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions for pt 2","content":"### sec.3 Definitions for pt 2\n\nIn this part—\npre-repeal matter means—\nthe sale of fuel as retail fuel, or the use of fuel as bulk end user fuel, before 1 July 2009; or\nanything done or not done under the repealed Act in relation to a sale or use mentioned in paragraph (a).\nrepealed Act means the repealed Fuel Subsidy Act 1997 .\n- (a) the sale of fuel as retail fuel, or the use of fuel as bulk end user fuel, before 1 July 2009; or\n- (b) anything done or not done under the repealed Act in relation to a sale or use mentioned in paragraph (a).","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Words have meanings given by repealed Act","content":"### sec.4 Words have meanings given by repealed Act\n\nWords defined under the repealed Act immediately before its repeal and used in this part have the same meanings as they had under the repealed Act.","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Acts Interpretation Act, s 20 not limited","content":"### sec.5 Acts Interpretation Act, s 20 not limited\n\nThis part does not limit the Acts Interpretation Act 1954 , section 20 .","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Saving provision for pre-repeal matters","content":"### sec.6 Saving provision for pre-repeal matters\n\nThe repealed Act, as in force immediately before 1 July 2009, continues to apply for rights, privileges and liabilities that would have been acquired, accrued or incurred on or after 1 July 2009 in relation to a pre-repeal matter if the repealed Act had not been repealed.\nOn or after 1 July 2009—\na person may be entitled to lodge a claim for a subsidy for fuel sold as retail fuel, or used as bulk end user fuel, before 1 July 2009\nthe commissioner may be required to pay a subsidy for fuel sold as retail fuel, or used as bulk end user fuel, before 1 July 2009\na person may be required to lodge a return relating to fuel sold as retail fuel, or used as bulk end user fuel, before 1 July 2009\na person may be required to keep a record about the use (before or on or after 1 July 2009) of diesel sold to the person before 1 July 2009\na person may be given a notice requiring the person to refund a subsidy received (before or on or after 1 July 2009) under the repealed Act and may be given a notice requiring the person to pay an incorrect payment penalty or an amount of interest.\nWithout limiting subsection (1), a provision of the repealed Act providing for an offence continues to apply for anything done or not done on or after 1 July 2009 in relation to a pre-repeal matter.\nAlso without limiting subsection (1)—\na reference in the repealed Act to using diesel for an off-road purpose includes using diesel for an off-road purpose on or after 1 July 2009; and\na reference in the repealed Act, section 8(3)(b)(ii) to being entitled to an energy grant includes being entitled to an energy grant on or after 1 July 2009.\nTo remove any doubt, it is declared that the reference in subsection (1) to the repealed Act as in force immediately before 1 July 2009 includes the statutory instruments in force under the repealed Act immediately before 1 July 2009.\n(sec.6-ssec.1) The repealed Act, as in force immediately before 1 July 2009, continues to apply for rights, privileges and liabilities that would have been acquired, accrued or incurred on or after 1 July 2009 in relation to a pre-repeal matter if the repealed Act had not been repealed. On or after 1 July 2009— a person may be entitled to lodge a claim for a subsidy for fuel sold as retail fuel, or used as bulk end user fuel, before 1 July 2009 the commissioner may be required to pay a subsidy for fuel sold as retail fuel, or used as bulk end user fuel, before 1 July 2009 a person may be required to lodge a return relating to fuel sold as retail fuel, or used as bulk end user fuel, before 1 July 2009 a person may be required to keep a record about the use (before or on or after 1 July 2009) of diesel sold to the person before 1 July 2009 a person may be given a notice requiring the person to refund a subsidy received (before or on or after 1 July 2009) under the repealed Act and may be given a notice requiring the person to pay an incorrect payment penalty or an amount of interest.\n(sec.6-ssec.2) Without limiting subsection (1), a provision of the repealed Act providing for an offence continues to apply for anything done or not done on or after 1 July 2009 in relation to a pre-repeal matter.\n(sec.6-ssec.3) Also without limiting subsection (1)— a reference in the repealed Act to using diesel for an off-road purpose includes using diesel for an off-road purpose on or after 1 July 2009; and a reference in the repealed Act, section 8(3)(b)(ii) to being entitled to an energy grant includes being entitled to an energy grant on or after 1 July 2009.\n(sec.6-ssec.4) To remove any doubt, it is declared that the reference in subsection (1) to the repealed Act as in force immediately before 1 July 2009 includes the statutory instruments in force under the repealed Act immediately before 1 July 2009.\n- • a person may be entitled to lodge a claim for a subsidy for fuel sold as retail fuel, or used as bulk end user fuel, before 1 July 2009\n- • the commissioner may be required to pay a subsidy for fuel sold as retail fuel, or used as bulk end user fuel, before 1 July 2009\n- • a person may be required to lodge a return relating to fuel sold as retail fuel, or used as bulk end user fuel, before 1 July 2009\n- • a person may be required to keep a record about the use (before or on or after 1 July 2009) of diesel sold to the person before 1 July 2009\n- • a person may be given a notice requiring the person to refund a subsidy received (before or on or after 1 July 2009) under the repealed Act and may be given a notice requiring the person to pay an incorrect payment penalty or an amount of interest.\n- (a) a reference in the repealed Act to using diesel for an off-road purpose includes using diesel for an off-road purpose on or after 1 July 2009; and\n- (b) a reference in the repealed Act, section 8(3)(b)(ii) to being entitled to an energy grant includes being entitled to an energy grant on or after 1 July 2009.","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Authorised persons","content":"### sec.7 Authorised persons\n\nFor the purpose of the monitoring and enforcement of the repealed Act in relation to pre-repeal matters—\nthe commissioner may appoint authorised persons under the repealed Act, section 62; and\nan appointment as an authorised person under the repealed Act, section 62, in force immediately before 1 July 2009, continues in force from 1 July 2009 until it is ended under the repealed Act; and\nthe repealed Act, as in force immediately before 1 July 2009, otherwise continues to apply in relation to authorised persons.\n- (a) the commissioner may appoint authorised persons under the repealed Act, section 62; and\n- (b) an appointment as an authorised person under the repealed Act, section 62, in force immediately before 1 July 2009, continues in force from 1 July 2009 until it is ended under the repealed Act; and\n- (c) the repealed Act, as in force immediately before 1 July 2009, otherwise continues to apply in relation to authorised persons.","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Delegations","content":"### sec.8 Delegations\n\nFor the purpose of the administration of the repealed Act in relation to pre-repeal matters—\nthe commissioner may make delegations under the repealed Act, section 130; and\na delegation under the repealed Act, section 130, in force immediately before 1 July 2009, continues in force from 1 July 2009 until it is ended under the repealed Act.\n- (a) the commissioner may make delegations under the repealed Act, section 130; and\n- (b) a delegation under the repealed Act, section 130, in force immediately before 1 July 2009, continues in force from 1 July 2009 until it is ended under the repealed Act.","sortOrder":9},{"sectionNumber":"sec.9","sectionType":"section","heading":"Only 1 subsidy payable for fuel","content":"### sec.9 Only 1 subsidy payable for fuel\n\nThe repealed Act, section 13 continues to apply in relation to—\nthe receipt, whether before or on or after 1 July 2009, of a subsidy for fuel under the repealed Act; and\nthe receipt, whether before or on or after 1 July 2009, of a subsidy for fuel under a corresponding law.\n- (a) the receipt, whether before or on or after 1 July 2009, of a subsidy for fuel under the repealed Act; and\n- (b) the receipt, whether before or on or after 1 July 2009, of a subsidy for fuel under a corresponding law.","sortOrder":10},{"sectionNumber":"sec.10","sectionType":"section","heading":"When retailers’ entitlement to subsidy ends","content":"### sec.10 When retailers’ entitlement to subsidy ends\n\nThis section applies to an entitlement to a subsidy for fuel sold as retail fuel.\nIf a claim for the subsidy is not made by 30 September 2009 or within 2 years after the fuel was sold as retail fuel, whichever time is earlier, the entitlement ends.\nSubsection (2) applies despite the repealed Act, sections 15, 22 and 23.\nThe repealed Act, section 23(2) does not apply to deciding a subsidy if the entitlement to the subsidy has ended under subsection (2).\n(sec.10-ssec.1) This section applies to an entitlement to a subsidy for fuel sold as retail fuel.\n(sec.10-ssec.2) If a claim for the subsidy is not made by 30 September 2009 or within 2 years after the fuel was sold as retail fuel, whichever time is earlier, the entitlement ends.\n(sec.10-ssec.3) Subsection (2) applies despite the repealed Act, sections 15, 22 and 23.\n(sec.10-ssec.4) The repealed Act, section 23(2) does not apply to deciding a subsidy if the entitlement to the subsidy has ended under subsection (2).","sortOrder":11},{"sectionNumber":"sec.11","sectionType":"section","heading":"When bulk end users’ entitlement to subsidy ends","content":"### sec.11 When bulk end users’ entitlement to subsidy ends\n\nThis section applies to an entitlement to a subsidy for fuel used as bulk end user fuel.\nIf a claim for the subsidy is not made by 30 September 2009 or within 2 years after the fuel was used as bulk end user fuel, whichever time is earlier, the entitlement ends.\nSee the repealed Act, section 14A in relation to the time at which bulk end user fuel is taken to be used.\nSubsection (2) applies despite the repealed Act, sections 33, 34D, 35 and 36.\nThe repealed Act, section 34D(2) does not apply to deciding a subsidy if the entitlement to the subsidy has ended under subsection (2).\nA reference in subsection (2) to making a claim for the subsidy includes lodging a return under the repealed Act, section 38.\n(sec.11-ssec.1) This section applies to an entitlement to a subsidy for fuel used as bulk end user fuel.\n(sec.11-ssec.2) If a claim for the subsidy is not made by 30 September 2009 or within 2 years after the fuel was used as bulk end user fuel, whichever time is earlier, the entitlement ends. See the repealed Act, section 14A in relation to the time at which bulk end user fuel is taken to be used.\n(sec.11-ssec.3) Subsection (2) applies despite the repealed Act, sections 33, 34D, 35 and 36.\n(sec.11-ssec.4) The repealed Act, section 34D(2) does not apply to deciding a subsidy if the entitlement to the subsidy has ended under subsection (2).\n(sec.11-ssec.5) A reference in subsection (2) to making a claim for the subsidy includes lodging a return under the repealed Act, section 38.","sortOrder":12},{"sectionNumber":"pt.4","sectionType":"part","heading":"Repeal of Fuel Subsidy Act 1997","content":"# Repeal of Fuel Subsidy Act 1997","sortOrder":13},{"sectionNumber":"sec.20","sectionType":"section","heading":"Repeal","content":"### sec.20 Repeal\n\nThe Fuel Subsidy Act 1997 , No. 63 is repealed.","sortOrder":14}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: repealing the Fuel Subsidy Act 1997 and managing the transitional arrangements for existing claims. The savings provisions are necessary and standard for repeal legislation, ensuring no one loses vested rights while preventing new entitlements from accruing."},"complexity_factors":["Extensive cross-referencing to the repealed Fuel Subsidy Act 1997 (which is not reproduced in this text)","Multiple temporal cut-off dates (1 July 2009 for repeal, 2 July 2009 for Part 5 commencement, 30 September 2009 for claims deadline)","Nested savings provisions with multiple subsections preserving different aspects of the repealed Act","Conditional logic for entitlement expiry (whichever is earlier: 30 September 2009 or 2 years after sale/use)","Incorporation of definitions and offences from an external statute that no longer exists as a standalone Act","Dual application timing (some provisions apply to things done before 1 July 2009, some to things done after that date in relation to pre-repeal matters)"],"plain_english_summary":"**What this law does:**\n\nThis Act scraps the **Fuel Subsidy Act 1997** — a Queensland law that gave government payments (subsidies) to help reduce the cost of fuel for certain businesses and users. The repeal took effect on **1 July 2009**.\n\n**Why it matters:**\n\nThe government stopped giving out these fuel subsidies from 1 July 2009 onwards. However, the law includes important **\"savings provisions\"** (rules that keep certain things alive) to handle unfinished business from before that date.\n\n**Who it affects:**\n\n*   **Fuel retailers** who sold fuel before 1 July 2009 and hadn't yet claimed their subsidy\n*   **Bulk end users** (big fuel users like mining companies or farms) who used fuel before 1 July 2009 and hadn't yet claimed their subsidy\n*   The **Commissioner** (the government official who administered the scheme)\n\n**Key practical effects:**\n\n*   **No new subsidies** after 1 July 2009 — the scheme is closed to new claims for fuel sold or used from that date\n*   **Final deadline for old claims** — anyone with a right to claim for fuel sold/used *before* 1 July 2009 had to claim by **30 September 2009** (or within 2 years of the sale/use, whichever came first)\n*   **Old rules still apply to old claims** — the repealed law continues to govern any claims, payments, record-keeping, audits, or penalties relating to pre-July 2009 fuel transactions\n*   **Enforcement continues** — authorised inspectors and delegation powers under the old Act remain in force for investigating pre-repeal matters\n\n**In short:** This is a \"cleanup\" law that ends a fuel subsidy scheme but ensures people with existing entitlements can still get paid (if they meet the deadline), and the government can still chase people who broke the rules before the scheme ended."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act does exactly what its title says — it repeals the Fuel Subsidy Act 1997 and manages the wind-down of the scheme in an orderly way. The savings and transitional provisions (Parts 2 and 4) are standard housekeeping measures to ensure existing rights and obligations are not abruptly extinguished. There is no evidence of scope creep or departure from the original intent."},"complexity_factors":["Requires cross-referencing a repealed Act (Fuel Subsidy Act 1997) that is no longer in force — readers cannot easily access the rules being saved","Multiple time-sensitive deadlines that interact with each other (30 September 2009 vs 2-year rolling deadline)","Distinction between 'retail fuel' and 'bulk end user fuel' creates parallel but separate subsidy claim regimes","Surviving obligations (record-keeping, offences, enforcement) require understanding of what the old law said","References to specific sections of the repealed Act (e.g., ss 13, 15, 22, 23, 62, 130) without reproducing their content","Savings provisions (keeping old law alive for past events) are inherently technical and counterintuitive"],"plain_english_summary":"The Act abolishes Queensland’s fuel subsidy scheme by repealing the Fuel Subsidy Act 1997, effective 1 July 2009 — no new subsidies can be earned after that date. It mainly affects fuel retailers and bulk fuel users who dealt in subsidised fuel before 1 July 2009.\n\nThose owed subsidies for pre‑1 July 2009 fuel must lodge claims quickly (by 30 September 2009 or within two years). Previous reporting, record‑keeping, repayment, penalty obligations, and enforcement for pre‑repeal conduct remain in force."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act changes scope by terminating the ongoing statutory subsidy scheme (s.20) while explicitly preserving and enabling the administration, claims, recoveries and offences that arise from fuel sold or used before 1 July 2009 (s.6). It narrows future entitlements (claim cut‑offs in ss.10–11) but keeps enforcement structures in place for pre‑repeal matters (ss.7–8) and prevents duplicate subsidies (s.9)."},"complexity_factors":["Repeal with savings/transitional regime that preserves pre‑repeal rights and liabilities (s.6)","Multiple time limits and cut‑offs for claims (ss.10–11)","Cross‑references to definitions and provisions in the repealed Act (s.4 and multiple references throughout)","Continuation of enforcement powers, authorised persons and delegations (ss.7–8)","Retention of offences and recovery powers for pre‑repeal matters (s.6(2)–(4))","Restriction on receiving more than one subsidy for the same fuel (s.9)","Staggered commencement dates for different Parts creating sequencing to implementation (s.2)"],"plain_english_summary":"This Act repeals the Fuel Subsidy Act 1997 (s.20) and ends the statutory fuel‑subsidy scheme from 1 July 2009, while preserving rights, obligations and enforcement for fuel sold or used before that date (s.6). It imposes claim cut‑offs (claims by 30 Sept 2009 or within two years of the sale/use) (ss.10–11), keeps the Commissioner’s power to pay or recover subsidies and the authorised‑person/delegation arrangements for enforcement (ss.6,7–8), and prevents double payments (s.9)."}},"importantCases":[],"_links":{"self":"/api/acts/fuel-subsidy-repeal-act-2009","history":"/api/acts/fuel-subsidy-repeal-act-2009/history","analysis":"/api/acts/fuel-subsidy-repeal-act-2009/analysis","conflicts":"/api/acts/fuel-subsidy-repeal-act-2009/conflicts","importantCases":"/api/acts/fuel-subsidy-repeal-act-2009/important-cases","documents":"/api/acts/fuel-subsidy-repeal-act-2009/documents"}}