1
Short title [see Note 1]
1 Short title [see Note 1]
This Act may be cited as the Fuel Sale (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This Act has been repealed and is no longer in force. It is retained for historical reference.
The Act creates a financial penalty surcharge on sellers who fail to give the required written warning when selling marked (dyed) off‑road fuel, deeming the sale as fuel for engine use. Liability falls on the person who owned the fuel immediately before sale (usually the seller), set at twice the maximum diesel excise per litre, and applies across Australia except for External Territories and the Crown in right of Norfolk Island.
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Direct links to the current provisions in Fuel Sale (Penalty Surcharge) Act 1997.
This Act may be cited as the Fuel Sale (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.
(1) Penalty surcharge is imposed, after the commencement of this Act, on the sale of marked fuel for use in an internal combustion engine. (2) A person is taken to have sold marked fuel for use in an internal combustion engine if the person effecting the sale failed to give the person acquiring ownership of the fuel a written notification in relation to that fuel as required by section 16 of the Administration Act.
Penalty surcharge on the sale of marked fuel is payable by the person owning the fuel immediately before its sale.
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 Sale (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.
(1) Penalty surcharge is imposed, after the commencement of this Act, on the sale of marked fuel for use in an internal combustion engine. (2) A person is taken to have sold marked fuel for use in an internal combustion engine if the person effecting the sale failed to give the person acquiring ownership of the fuel a written notification in relation to that fuel as required by section 16 of the Administration Act.
Penalty surcharge on the sale of marked fuel is payable by the person owning the fuel immediately before its sale.
The rate of penalty surcharge per litre of fuel on which the surcharge is imposed is twice the maximum diesel rate.