Energy (Fuels, Levies, and References) Amendment Act 2015

1: Title
This Act is the Energy (Fuels, Levies, and References) Amendment Act 2015.
2: Commencement
1: This Act, except sections 5 8
2: Sections 5 8
3: Principal Act
This Act amends the Energy (Fuels, Levies, and References) Act 1989 principal Act 2015-02-24 Energy (Fuels, Levies, and References) Act 1989 See section 2(1) 2016-02-23 Energy (Fuels, Levies, and References) Act 1989 See section 2(2)
1: Amendments to Part 3 (Levies)
4: Section 14 amended (Purpose of levies)
1: After section 14(2)(b)
ba: compliance by the Crown with New Zealand’s obligation, under Article 2 of the International Energy Agreement, to maintain the emergency reserve commitment set out in that Article; and .
2: After section 14(2)
3: Levies recovered under section 24 subsection (2)(ba) subsection (2)(ba)
4: In this section, International Energy Agreement
5: Section 24 replaced (Petroleum or engine fuel monitoring levy)
Replace section 24
24: Petroleum or engine fuel monitoring levy
1: A levy is payable at the rate prescribed under section 33 section 35(1)(fa)
2: The levy must be paid to the New Zealand Customs Service—
a: by the person who would be liable to pay any excise duty or excise-equivalent duty on the petroleum or engine fuel under the Customs and Excise Act 1996
b: when any excise duty or excise-equivalent duty would be paid if any were payable.
3: The New Zealand Customs Service must collect the levy on behalf of the Crown.
4: Section 28 (which provides a penalty for late payment of a levy) does not apply in respect of the levy.
6: Section 26 repealed (Rebates)
Repeal section 26
7: Section 29 replaced (Recovery of levies)
Replace section 29
29: Recovery of levies
All money payable to the Secretary or the New Zealand Customs Service under this Part is—
a: a debt due to the Crown; and
b: recoverable by the Crown in a court of competent jurisdiction.
8: Section 30 replaced (Payment of levy into account)
Replace section 30
30: Payment of levy into Crown Bank Account
All money received by the Secretary or the New Zealand Customs Service under this Part must be paid into a Crown Bank Account.
9: Section 33 replaced (Rates of levies, etc, may be prescribed)
Replace section 33
33: Regulations prescribing levy rates
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations prescribing, for levies that are payable under this Part
a: amounts or rates of the levies; or
b: formulas for calculating amounts or rates of the levies.
2: However, an amount or rate prescribed, or calculated using a prescribed formula, must not exceed any maximum amount or rate set out in this Part.
3: Before recommending that regulations be made under this section, the Minister must consult persons or organisations considered by the Minister to represent the persons affected by the levy concerned.
4: Regulations made under subsection (1)
a: if made on or before 30 June in any year, expire on the close of 31 December of that year unless they are expressly confirmed by an Act of Parliament passed during that year; and
b: if made on or after 1 July in any year, expire on the close of 31 December in the following year unless they are expressly confirmed by an Act of Parliament passed before the end of that following year.
2: Amendments to Part 4 (Miscellaneous provisions)
10: Section 35 amended (Regulations)
1: Replace the heading to section 35 Other regulations
2: After section 35(1)(f)
fa: prescribing, in respect of the levy that is payable under section 24 .