Document ID: chunk:federal_register_of_legislation:C2004A04935:body:0:p6
Version: federal_register_of_legislation:C2004A04935
Segment Type: other
Provision Reference: 
Character Range: 12085–14843

Subsection 28(2):

Omit the subsection (including the example), substitute:

"(2) If an amount available for payment of bounty in year 1 or year 2 is not all paid out in respect of bountiable fuel ethanol produced in that year, it is the intention of the Parliament that the amount available in the year following that year be increased by the amount not so paid out.

"(3) The amount available for payment of bounty specified under subsection (1) in respect of bountiable fuel ethanol produced in a bounty year is reduced by an amount that represents the cost of administering this Act for that bounty year.

"(4) The amount that represents the cost of administering this Act in respect of a bounty year is the amount set out in the following table:

Bounty year  Cost of administering this Act $
year 1       177,000
year 2       177,000
year 3       262,000

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 SCHEDULE 2  Section 4

AMENDMENTS OF THE COAL EXCISE ACT 1949

1. Section 25:

Add at the end:

"(2) Without limiting the generality of the power conferred on the CEO under subsection 4(4) of the Customs Administration Act 1985, the CEO may give directions in writing under that subsection concerning:

    (a) the circumstances in which the powers under this section may be exercised; and

    (b) the officers of Customs who are entitled to exercise those powers; and

    (c) the manner and frequency of reporting to the CEO concerning the exercise of those powers.

"(3) A direction given for the purposes of subsection (2) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901".

2. Subsection 26(2):

Omit the subsection.

____________

 SCHEDULE 3  Section 5

AMENDMENTS OF THE COMMERCE (TRADE DESCRIPTIONS) ACT 1905

1. Section 5:

Add at the end:

"(4) Without limiting the generality of the power conferred on the CEO under subsection 4(4) of the Customs Administration Act 1985, the CEO may give directions in writing under that subsection concerning:

    (a) the circumstances in which the powers under this section may be exercised; and

    (b) the officers of Customs who are entitled to exercise those powers; and

    (c) the manner and frequency of reporting to the CEO concerning the exercise of those powers.

"(5) A direction given for the purposes of subsection (4) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.".

2. Subsections 7(2) and (3):

Omit the subsections, substitute:

"(2) Subject to subsection (3), goods imported in contravention of any regulation made for the purposes of subsection (1) are forfeited to the Crown.

"(3) If the CEO is satisfied that the contravention was not intentional or reckless:

    (a) the CEO may, by notice in writing