Document ID: chunk:federal_register_of_legislation:C2013C00334:clause:1_19
Version: federal_register_of_legislation:C2013C00334
Segment Type: clause
Provision Reference: sch 1 cl 19
Character Range: 17702–19934

19  Subsection 92A(4)
Repeal the subsection, substitute:
 (4) For the purposes of this section, a designated opt‑in person passes the eligibility test in respect of an acquisition, manufacture or import of taxable fuel during a financial year if:
 (a) in a case where:
 (i) the designated opt‑in person was a member of a GST group at the start of the financial year; and
 (ii) if it were assumed that the fuel had been acquired, manufactured or imported, as the case may be, at the start of the financial year—the entity that would have been entitled to a fuel tax credit in respect of that acquisition, manufacture or import, as the case may be, would have consisted of the members of the GST group;
  the fuel was acquired, manufactured or imported, as the case may be, by a person who was a member of the GST group as at the start of the financial year; or
 (b) in a case where:
 (i) the designated opt‑in person was a participant in a GST joint venture at the start of the financial year; and
 (ii) if it were assumed that the fuel had been acquired, manufactured or imported, as the case may be, at the start of the financial year—the entity that would have been entitled to a fuel tax credit in respect of that acquisition, manufacture or import, as the case may be, would have consisted of the participants in the GST joint venture;
  the fuel was acquired, manufactured or imported, as the case may be, by a person who was a participant in the GST joint venture as at the start of the financial year; or
 (c) in any other case—the designated opt‑in person is the entity that was entitled to a fuel tax credit in respect of that acquisition, manufacture or import, as the case may be.
 (4AA) It is immaterial whether the designated opt‑in person is:
 (a) the person last mentioned in paragraph (4)(a); or
 (b) the person last mentioned in paragraph (4)(b).
 (4AB) For the purposes of subparagraphs (4)(a)(ii) and (b)(ii), in determining the entity that would have been entitled to a fuel tax credit in respect of an acquisition, manufacture or import of taxable fuel, disregard:
 (a) so much of subsection 70‑5(2) of the Fuel Tax Act 2006 as does not consist of the table; and
 (b) column 2 of the table in that subsection.