5Provisions of scheme

#### 5 Provisions of scheme (1) A scheme in relation to a State shall comply with the succeeding provisions of this section. > Note: For the cessation of a scheme, see subsection (5). (2) The scheme shall contain a provision authorizing the Secretary of the Department, or a person engaged under the Public Service Act 1999 appointed by the Secretary of the Department in writing to exercise powers under the provision, to direct that any particular goods shall, or shall not, be treated as motor spirit, automotive distillate, aviation gasoline or aviation turbine fuel for the purposes of the scheme and this Act. (3) The scheme shall: (a) contain a provision authorizing the Secretary of the Department, or a person engaged under the Public Service Act 1999 (the public servant) appointed by the Secretary of the Department in writing to exercise powers under the provision, to register persons as distributors of eligible petroleum products for the purposes of the scheme and authorizing the Secretary of the Department or the public servant to revoke the registration of a person so registered; and (b) contain a provision that the persons to whom payments may be made by the State under the scheme shall be such distributors of eligible petroleum products as are so registered under the scheme. (3A) An application may be made to the Administrative Appeals Tribunal for review of: (a) a direction by the Secretary of the Department or the public servant under a provision contained in a scheme in accordance with subsection (2); or (b) a refusal by the Secretary of the Department or the public servant to register a person as a distributor of eligible petroleum products under a provision contained in the scheme in accordance with paragraph (3)(a) or the revocation by the Secretary of the Department or the public servant of the registration of a person as such a distributor of eligible petroleum products under a provision contained in the scheme in accordance with that paragraph. (4) The scheme shall not permit the registration under the scheme of a distributor of eligible petroleum products unless he or she has entered into an agreement in writing with the Commonwealth and the State, or given an undertaking in writing to the Commonwealth, to the effect that: (a) he or she will sell any eligible petroleum product at a price that gives to the purchaser the benefit of any payment received or to be received by the distributor in respect of the sale; and (b) he or she will not make a claim for a payment from the State in respect of a sale of any eligible petroleum product unless he or she sold the product at a price that gave to the purchaser the benefit of the payment that the distributor claims to receive in respect of the sale. (4A) The scheme may contain a provision requiring a registered distributor of eligible petroleum products included in a specified class of registered distributors of eligible petroleum products (including a distributor registered before the provision comes into effect) to comply with such conditions as are specified in the scheme in relation to that class. (4B) The scheme shall not permit the registration under the scheme of a distributor of eligible petroleum products included in a class of distributors of eligible petroleum products specified in a provision contained in the scheme in accordance with subsection (4A) unless the person authorised to register distributors is satisfied that the distributor is capable of complying with the conditions (if any) that will be applicable to the distributor under such a provision on the registration of the distributor. (4C) The scheme may contain a provision requiring a claim for payment of an amount in accordance with the scheme made by a registered distributor of eligible petroleum products included in a specified class of registered distributors of eligible petroleum products to be accompanied by such declarations (including declarations made by a person other than the claimant) and other documents (if any) as are specified in the scheme in relation to that class. (4D) The scheme shall provide that a person shall be deemed not to be a registered distributor of eligible petroleum products at any time when: (a) in a case where the person is an incorporated company—the person is, or is related to another company that is, the owner or operator of a mini‑refinery; or (b) in any other case—the person is the owner or operator of a mini‑refinery. (4E) For the purposes of subsection (4D), the question whether incorporated companies are related to each other shall be determined in the same manner as the question whether corporations within the meaning of the Corporations Act 2001 are related to each other would be determined under that Act. (5) The scheme: (a) must provide for the payment by the State to registered distributors of eligible petroleum products, in respect of: (i) the sale by them, before 1 July 2006; and (ii) the delivery by them, before 1 July 2006, to places to which the scheme applies; of any eligible petroleum products, of amounts ascertained in accordance with the scheme; and (aa) shall provide for the payment by the State to registered distributors of eligible petroleum products, in respect of the sale by them, before 1 July 2006, at a place to which the scheme applies of any eligible petroleum products that: (i) are produced at a mini‑refinery located at that place; and (ii) are not for delivery to another place; of amounts ascertained in accordance with the scheme; and (b) may provide for the payment by the State to registered distributors of eligible petroleum products: (i) in respect of the application by them, before 1 July 2006, to their own use at places to which the scheme applies of any eligible petroleum products; and (ii) in respect of expenses incurred by them in connexion with the scheme; of amounts ascertained in accordance with the scheme. (6) The scheme shall contain a schedule specifying places in the Commonwealth and rates of payment in respect of eligible petroleum products in relation to those places. (7) The scheme may make provision with respect to the fixing or determination of rates of payment in respect of eligible petroleum products in relation to places in the Commonwealth that are not specified in the schedule to the scheme. (8) In this section: > mini‑refinery means a refinery that is not able to carry out refining processes on more than a quantity of petroleum daily which is the prescribed quantity for the purposes of this section. > petroleum means petroleum oil or petroleum gas.