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New Zealand Legislation: Bills

Bills are proposed Acts

Hon David Parker

Biofuel Bill

Government Bill

148—2

As reported from the Local Government and Environment Committee

Contents

~~2 Commencement~~

Part 1
Amendments to Energy (Fuels, Levies, and References) Act 1989

3 Principal Act amended

4 New section 1B inserted

1B Interpretation

5 Section 12 repealed

6 Control of goods or services

7 New section 24 substituted

24 Petroleum or engine fuel monitoring levy

8 Offence to make incorrect statement

9 New Part 3A inserted

Part 3A
Biofuel obligation

34A Purpose of this Part

34B Outline of this Part

34C Status of examples

34D Interpretation

34E Definition of obliged person

34F Definition of obligation engine fuel

34G Definition of qualifying biofuel

34GA Minister must recommend Order in Council under section 34G(2) providing qualifying biofuels must be sustainable biofuels

34H Definition of trigger point

34I Governor-General may revise biofuel percentage

34J Consultation and confirmation requirements for Orders in Council under section 34F, 34G, 34H, or 34I

34K Obliged person’s required amount of qualifying biofuel

34L Calculating required amount of qualifying biofuel and actual amount of qualifying biofuel

34M Required amount of qualifying biofuels may be divided into proportions or amounts by Order in Council

34N Energy content values

34O Exclusion for engine fuel exported from New Zealand

34P Deferring required amount of qualifying biofuel

34Q Surplus and shortfall

34R Entitlement agreements: general rules

34S Entitlement agreements with biofuel owner who is not obliged person

34T Entitlement agreements with biofuel owner who is obliged person

34U Annual returns

34V Auditing of annual returns

34W Civil penalty for breaching section 34K

34X Civil penalty for breaching section 34M(2)

34Y Definition of force majeure event

34Z Applicable rules, procedure, and standard of proof

11 New sections 35A to 35D inserted

35A Power of Minister to require selling of engine fuel to cease

35B Keeping of records

35C Power to inspect property, obtain information, and enter land to conduct compliance check

35D Offence to make incorrect statement

12 Power of Minister to require information

14 New heading and sections 37A to 37K inserted

15 New heading above section 38

16 New Schedule 5 added

Consequential amendments to other enactments

16A Consequential amendments to other enactments

References to petroleum fuels monitoring levy

17 References to petroleum fuels monitoring levy

Part 2
Miscellaneous amendments

Amendments to Customs and Excise Act 1996

18 Principal Act amended

19 Interpretation

19A Indexation of rates of excise duty and excise-equivalent duty on motor spirits by reference to diversion amounts

21 Schedule 3 amended

Amendments to Tariff Act 1988

21A Principal Act amended

22 Schedule 1 amended

Amendments to Local Government Act 1974

23 Principal Act amended

24 Heading to Part 11 amended

25 Interpretation

26 Application of this Part

27 Powers of component authorities to levy petroleum tax

28 Returns by wholesale distributors

29 Assessment of tax

30 Assessment presumed to be correct

31 Tax recoverable as a debt

32 Penalty for late payment of tax

33 Separate bank account to be kept by distribution authority

34 Accounts to be kept in accordance with requirements of Auditor-General

35 Transfer by distribution authority of authorised cost of services

36 Effect on agreements of imposition or alteration of tax

37 New section 199A inserted

199A Order in Council prescribing local authorities fuel tax

38 Regulations in respect of local authorities petroleum tax

39 Council may grant right to lay petroleum conduit pipes along or under roads

40 Amendments to Schedule 6

41 Amendments to Schedule 8

~~Consequential amendments to other enactments~~

~~42 Consequential amendments to other enactments~~

Schedule 1
New Schedule 5 added to principal Act

Schedule 1A
Consequential amendments to other enactments

Schedule 2
Amendments to Schedule 3 of Customs and Excise Act 1996

Schedule 3
New note 2 in Schedule 1 of Tariff Act 1988 substituted

Schedule 4
Amendments to Part 1 of Schedule 1 of Tariff Act 1988

Schedule 5
Consequential amendments to other enactments

Legislative history

The Parliament of New Zealand enacts as follows: