1
Short title [see Note 1]
1 Short title [see Note 1]
This Act may be cited as the Fuel Misuse (Penalty Surcharge) Act 1997.
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Commonwealth act
This Act has been repealed and is no longer in force. It is retained for historical reference.
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.
The 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.
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Direct links to the current provisions in Fuel Misuse (Penalty Surcharge) Act 1997.
This Act may be cited as the Fuel Misuse (Penalty Surcharge) Act 1997.
This Act commences on the commencement of the Excise Tariff (Fuel Rates Amendments) Act 1997.
(1) In this Act:
Administration Act means the Fuel (Penalty Surcharges) Administration Act 1997.
(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.
(1) This Act does not extend to any of the External Territories. (2) This Act binds the Crown in all of its capacities other than the Crown in right of Norfolk Island.
Penalty surcharge is imposed, after the commencement of this Act, on the use of marked fuel in an internal combustion engine.
Penalty surcharge on the use of marked fuel is payable by the person owning the fuel at the time of its use.
The rate of penalty surcharge per litre of fuel on which the surcharge is imposed is twice the maximum diesel rate.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the Fuel Misuse (Penalty Surcharge) Act 1997.
This Act commences on the commencement of the Excise Tariff (Fuel Rates Amendments) Act 1997.
(1) In this Act:
Administration Act means the Fuel (Penalty Surcharges) Administration Act 1997.
(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.
(1) This Act does not extend to any of the External Territories. (2) This Act binds the Crown in all of its capacities other than the Crown in right of Norfolk Island.
Penalty surcharge is imposed, after the commencement of this Act, on the use of marked fuel in an internal combustion engine.
Penalty surcharge on the use of marked fuel is payable by the person owning the fuel at the time of its use.
The rate of penalty surcharge per litre of fuel on which the surcharge is imposed is twice the maximum diesel rate.