Document ID: chunk:federal_register_of_legislation:F2024C00528:clause:1_22
Version: federal_register_of_legislation:F2024C00528
Segment Type: clause
Provision Reference: sch 1 cl 22
Character Range: 82546–84626

22                                                            Both of the following apply:
                                                              (a) excise duty has been paid on goods;
                                                              (b) the effect of the amendments made by the Excise Tariff Amendment (Carbon Tax Repeal) Act 2014 is that excise duty is payable on the goods at a rate that is less than the rate which applied when the goods were entered for home consumption.

 (2) For item 5 of the table in subclause (1):
relevant fuel means fuel for which:
 (a) an entity:
 (i) has an entitlement to a fuel tax credit or decreasing fuel tax adjustment in relation to that fuel; and
 (ii) does not have an increasing fuel tax adjustment in relation to the fuel; or
 (b) an entity:
 (i) had an entitlement mentioned in subparagraph (a)(i); and
 (ii) did not have an adjustment mentioned in subparagraph (a)(ii).
 (3) For item 9 of the table in subclause (1), a dutiable quantity is worked out as follows:
 (a) for oil to which section 6B of the Excise Tariff Act 1921 applies—the quantity is worked out using the formula:

 (b) for oil to which section 6C of the Excise Tariff Act 1921 applies and condensate to which section 6CA of that Act applies—the quantity is worked out using the formula:

 (c) for oil to which section 6D of the Excise Tariff Act 1921 applies—the quantity is worked out using the formula:

where:
B has the same meaning as in whichever of section 6B, 6C, 6CA or 6D of the Excise Tariff Act 1921 applies to the oil or condensate.
Number of days means the number of days in the relevant financial year.
 (4) For item 11 of the table in subclause (1):
credited adjustment amount has the same meaning as in whichever of section 6B, 6C, 6CA or 6D of the Excise Tariff Act 1921 applies.
intermediate oil has the same meaning as in subsection 3(1) of the Excise Tariff Act 1921.
new oil has the same meaning as in subsection 3(1) of the Excise Tariff Act 1921.
old oil has the same meaning as in section 6B of the Excise Tariff Act 1921.