Document ID: chunk:federal_register_of_legislation:C2008A00148:clause:3_4
Version: federal_register_of_legislation:C2008A00148
Segment Type: clause
Provision Reference: sch 3 cl 4
Character Range: 4235–5863

4  At the end of section 43‑10
Add:

Determining the rate of road user charge

 (7) The amount of road user charge for taxable fuel is worked out using the following rate:
 (a) if no rate has been determined by the *Transport Minister—21 cents for each litre of the fuel;
 (b) otherwise—the rate determined by the Transport Minister.

 (8) For the purposes of subsection (7), the *Transport Minister may determine, by legislative instrument, the rate of the road user charge.

 (9) Before the *Transport Minister determines an increased rate of road user charge, the Transport Minister must:
 (a) make the following publicly available for at least 60 days:
 (i) the proposed increased rate of road user charge;
 (ii) any information that was relied on in determining the proposed increased rate; and
 (b) consider any comments received, within the period specified by the Transport Minister, from the public in relation to the proposed increased rate.

 (10) However, the *Transport Minister may, as a result of considering any comments received from the public in accordance with subsection (9), determine a rate of road user charge that is different from the proposed rate that was made publicly available without making that different rate publicly available in accordance with that subsection.

 (11) In determining the *road user charge, the *Transport Minister must not apply a method for indexing the charge.

 (12) The *Transport Minister must not make more than one determination in a financial year if the effect of the determination would be to increase the *road user charge more than once in that financial year.