Document ID: chunk:federal_register_of_legislation:C2011A00068:clause:1_77m
Version: federal_register_of_legislation:C2011A00068
Segment Type: clause
Provision Reference: sch 1 cl 77M
Character Range: 8198–9181

77M  Penalty for using LPG for excisable LPG use
 (1) This section applies if:
 (a) LPG is sold or supplied to a person; and
 (b) the person uses the LPG for an excisable LPG use; and
 (c) an LPG remission applies to the LPG at the time of the use.
Note 1: The meaning of apply is affected by subsection 4(5).
Note 2: A person might commit an offence if the person sells LPG and the LPG is used for an excisable LPG use (see section 117BA).
 (2) The person must, on demand in writing made by a Collector, pay to the Commonwealth an amount equal to 2 times the amount of the duty that would have been payable on the LPG if:
 (a) an LPG remission had not applied to the LPG; and
 (b) the LPG had been entered for home consumption on the day on which the Collector made the demand.
Note: For provisions about collection and recovery of the amount, see Part 4‑15 in Schedule 1 to the Taxation Administration Act 1953.
 (3) A demand under subsection (2) is not a legislative instrument.