Bills Digest no. 104 2009–10
Carbon Pollution Reduction Scheme (CPRS Fuel Credits)
Bill 2010
WARNING:
This Digest was prepared for debate. It reflects the legislation as
introduced and does not canvass subsequent amendments. This Digest
does not have any official legal status. Other sources should be
consulted to determine the subsequent official status of the
Bill.
CONTENTS
Passage history
Purpose
Background
Financial implications
Main provisions
Concluding comments
Contact officer & copyright details
Passage history
Carbon Pollution
Reduction Scheme (CPRS Fuel Credits) Bill 2010
Date introduced: 2
February 2010
House: House of
Representatives
Portfolio: Treasury
Commencement: Sections 2-1 to 13-1 commence on 1 July 2011 but
will not commence if section 3 of the proposed Carbon Pollution
Reduction Scheme Act 2010 does not commence before 1 July
2011. All other sections commence on Royal Assent.
Links: The
relevant links to the Bill, Explanatory Memorandum and second
reading speech can be accessed via BillsNet, which is at http://www.aph.gov.au/bills/.
When Bills have been passed they can be found at ComLaw, which is
at http://www.comlaw.gov.au/.
To establish a ‘CPRS fuel
credit’ program to offset, temporarily, the effect on
business of higher fuel prices resulting from the advent of the
Carbon Pollution Reduction Scheme (CPRS).
This is the third time this form of Bill, as part of the
eleven-Bill Carbon Pollution Reduction Scheme (CPRS) legislative
package, has been introduced into Parliament.
The Carbon Pollution Reduction
Scheme (CPRS Fuel Credits) Bill 2009 (the original Bill), along
with the Carbon Pollution Reduction Scheme Bill 2009 and nine other
CPRS Bills, was first introduced into Parliament on 14 May 2009. On
28 May 2009, an eleventh Bill was introduced which completed the
package. All the CPRS Bills were passed by the House of
Representatives on 4 June 2009—with government amendments
made to some of the Bills. On 13 August 2009, the Senate
voted down all of the Bills at second reading.
Following this, the Carbon
Pollution Reduction Scheme (CPRS Fuel Credits) Bill 2009 [No. 2],
along with the other Bills in the CPRS package, was re-introduced
into Parliament on 22 October 2009.[1] They were passed unamended by the House of
Representatives on 17 November 2009, thus satisfying the three
month ‘waiting period’ required under the double
dissolution provisions of the Constitution.[2] The package of Bills was
introduced into the Senate on 17 November 2009. Following much
negotiation, on 24 November 2009, the Government released
amendments to a number of the Bills, including the Carbon Pollution
Reduction Scheme (CPRS Fuel Credits) Bill 2009 [No. 2], and these
were subsequently adopted by the Senate Committee of the Whole.
However, following the Liberal party leadership spill on 1 December
2009, the new leader of the Coalition, the Hon. Tony Abbott, stated
that he would seek to have Senate consideration of the CPRS Bills
delayed until Parliament reconvened in 2010 or, in the absence of a
delay, vote against the Bills at that time. With no delay
forthcoming, on 2 December 2009, the Senate voted down the CPRS
Bills for a second time. This provided the government with a
trigger to call for a double dissolution election.
The CPRS Bills, including the Carbon Pollution Reduction Scheme
(CPRS Fuel Credits) Bill 2010, were again reintroduced into
Parliament on 2 February 2010 and passed the House of
Representatives on 11 February 2010. The content of the Carbon
Pollution Reduction Scheme (CPRS Fuel Credits) Bill 2010 (the
current Bill) differs in some respects from the original Bill and
from Bill [No. 2]. The Digest for the current Bill
highlights these changes.
Most fuels, notably petrol and diesel, are subject to a general
rate of excise and customs duty of 38.143 cents per litre. Some
fuels, notably liquid petroleum gas (LPG), liquefied natural gas
(LNG), and compressed natural gas (CNG) are, however, not subject
to excise.
The government expects the prices of fuels will rise consequent
to the introduction of the CPRS, and intends to offset the price
rises, temporarily, by reducing the rates of excise and customs
duty on fuels. The mechanisms for effecting the excise and customs
duty rate reductions are contained in the Excise Tariff Amendment
(Carbon Pollution Reduction Scheme) Bill 2010 and the Customs
Tariff Amendment (Carbon Pollution Reduction Scheme) Bill 2010
respectively.
The
Fuel Tax Act 2006 provides to eligible business
activities a fuel tax credit to offset, in full or part, the excise
and customs duty businesses pay on fuels. The credit rates and
eligible fuels are set out in Table 1 below.
|
Activity/business use
|
Eligible
fuel
|
Rates
|
|
|
In a vehicle greater than
4.5 tonne GVM travelling on a public road (diesel vehicles
acquired before 1 July 2006 can equal 4.5 tonne GVM).
|
All taxable fuels –
for example, diesel and petrol.
|
17.143*
|
|
|
Petrol has only
been eligible since 1 July 2008.
|
|
|
Emergency vehicles greater
than 4.5 tonne GVM travelling on a public road (diesel
vehicles acquired before 1 July 2006 can equal 4.5 tonne
GVM).
|
All taxable fuels –
for example, diesel and petrol. Petrol has been eligible
only since 1 July 2008
|
17.143*
|
|
|
Specified activities
eligible since 1 July 2006 in: agriculture, fishing, forestry,
mining, marine transport, rail transport, and nursing and
medical
|
Diesel and fuel oil.
|
38.143
|
|
|
All taxable fuels
including petrol.
|
38.143
|
|
|
Petrol has only
been eligible since 1 July 2008.
|
|
|
Burner applications
|
All taxable fuels –
for example, diesel, petrol, heating oil, kerosene and fuel
oil.
|
38.143
|
|
|
Non-fuel uses such as:
fuel you use directly as a mould release, and fuel you use an
ingredient in the manufacture of products
|
All taxable fuels –
for example, kerosene, fuel oil, toluene, mineral turpentine and
white spirit.
|
38.143
|
|
|
|
|
|
Packaging fuels in
containers of 20 litres or less for non-internal combustion
engine use.
|
Mineral turpentine, white
spirit, kerosene and certain other fuels.
|
38.143
|
|
|
Supply of fuel for
domestic heating.
|
Heating oil and
kerosene
|
38.143
|
|
|
Electricity generation by
a commercial generation plant, a stationary generator or a portable
generator.
|
All taxable fuels –
for example, diesel, petrol, heating oil, kerosene, and fuel
oil.
|
38.143
|
|
|
Emergency vessels
|
Diesel and fuel oil.
|
38.143
|
|
|
All taxable fuels
including petrol.
|
38.143
|
|
|
Petrol has only
been eligible since 1 July 2008.
|
|
|
All other activities,
machinery, plant and equipment are eligible from 1 July 2008.
Examples of activities are: construction, manufacturing,
wholesale/retail, property management, and landscaping:
|
All taxable fuels –
for example, diesel and petrol.
|
19.0715**
|
|
|
|
|
|
|
Source:
Australian Taxation Office
|
|
|
Notes:
|
|
|
* This rate accounts for
the road user charge, which is subject to change.
|
|
|
Heavy vehicles (that is,
those with a GVM greater than 4.5 tonne) travelling on a public
road are entitled to the full tax credit rate of 38.143 cents per
litre minus the road user charge.
|
|
|
From 1 January 2009, the
road user charge is 21 cents per litre, so the rate for heavy
vehicles is 17.143 cents per litre (38.143-21= 17.143).
|
|
|
**The rate of 19.0715
cents per litre is 50% of the full rate of 38.143 cents per litre.
The full rate will apply to all these activities from 1 July
2012.
|
|
Table 1 shows that for many activities, the amount of the fuel
tax credit equals the amount of excise. Consequently, for these
activities, the ‘effective’ rate of excise—excise
less the fuel tax credit—is zero. Activities which incur a
zero effective rate of excise cannot, therefore, benefit from the
proposed excise rate reductions. Rather, they will be
relatively worse off compared with other activities that
do benefit from the excise reductions. The government therefore
proposes to introduce, temporarily, an additional
credit—the CPRS fuel credit—for these (and other)
activities.
As noted, some activities are entitled to only a partial offset
of excise paid. They include ‘incidental’ agricultural
and fishing activities (see the last row of Table 1 for other
examples).[3] The
reason they receive only a partial credit is that they were
initially not eligible for a fuel tax credit but were later
included when the scope of the fuel tax credit scheme was expanded.
However, the fuel tax credit for these activities is being phased
in. Currently, the amount of the fuel tax credit for these
activities is half the excise rate, that is, 19.0175 cents per
litre. These activities will be eligible for a full fuel tax credit
on 1 July 2012. The government proposes that incidental activities
receive an additional amount equal to 50 per cent of the CPRS fuel
credit until 30 June 2012.
Heavy vehicles are those with a gross vehicle mass (GVM) of more
than 4.5 tonnes. Heavy vehicles also do not receive a full fuel tax
credit, nor do diesel-powered vehicles acquired before 1 July 2006
with a GVM equal to 4.5 tonnes. These vehicles receive a fuel tax
credit of 17.143 cents per litre. The difference between the excise
(38.143 cents per litre) and the fuel tax credit is the road user
charge (21 cents per litre). This charge seeks to recover the cost
of damage that heavy vehicles cause to roads. Under the CPRS, heavy
vehicle users are expected to face higher fuel prices, notably for
diesel. The government’s proposal for heavy vehicles is as
follows:
For one year beginning 1 July 2011, business
users of vehicles on-road with a gross vehicle mass exceeding 4.5
tonnes will be entitled to a CPRS fuel credit for eligible taxable
fuels. The amount of the CPRS fuel credit will be equal the fuel
tax reductions. [Division 6, section 6-15, CPRS Fuel Credits
Bill].[4]
The amount of the CPRS fuel credit will be 2.455 cents per litre
for the year 1 July 2011 to 30 June 2012.[5]
CNG, LNG and LPG will be subject to the CPRS. Consequently,
their prices are also expected to rise. Because these gases are not
subject to excise, they will not benefit from the excise
reductions. The government therefore proposes to make the CPRS fuel
credit available to CNG, LNG and LPG suppliers.

The Rudd Government made the commitment to provide temporary
adjustment assistance to businesses with respect to fuel prices in
its CPRS White Paper:
Fuel tax credits remove or reduce the incidence
of effective fuel tax from business inputs. They ensure that most
businesses do not pay effective fuel tax. Therefore, reducing the
rate of fuel tax will not benefit those businesses. To address
this, the Green Paper proposed to introduce special measures for
the agriculture and fishing industries and heavy on‑road
vehicle users.
Assistance to the agriculture and
fishing industries
Agriculture and fishing businesses pay no
effective fuel tax, and so will not benefit from fuel tax cuts.
Instead, they will receive a new ‘CPRS fuel credit’.
The amount of credit will equal the fuel tax cut. The Government
will align the credit amount with the six-monthly fuel tax cut
assessments. This will ensure that these businesses receive
assistance equivalent to the full benefit of the fuel tax cut.
Agricultural and fishing activities, excluding
forestry, will be eligible for the CPRS fuel credit from
1 July 2010 to 30 June 2013. The Government will review
this measure after three years as part of the review of the fuel
tax adjustment mechanism.
The new CPRS fuel credit scheme will minimise
compliance burdens for eligible businesses. The Australian Taxation
Office will administer the CPRS fuel credit, and businesses will
claim it on their business activity statements.
|
Policy position 17.1
The Government will introduce legislation to
implement a new CPRS fuel credit scheme for three years for
businesses in the agriculture and fishing industries.
|
Assistance to heavy on‑road
transport vehicle users
Heavy vehicle road users will be eligible for a
CPRS fuel credit to offset the initial price impact on fuel from
introducing Scheme.
Heavy road transport businesses are eligible
for fuel tax credits up to the value of the road user charge, which
will be 21 cents/litre from 1 January 2009. Businesses in
this industry will be able to claim the CPRS fuel credit, equal to
the cut in fuel tax for one year. The Government will review this
measure after one year.
Vehicles with a gross vehicle mass exceeding
4.5 tonnes will be eligible for the CPRS fuel credit.
To minimise the compliance burden for eligible
businesses, the Australian Taxation Office will administer the CPRS
fuel credit, and businesses will claim it on their business
activity statements.
|
Policy position 17.2
The Government will introduce legislation to
implement a new CPRS fuel credit scheme for one year for businesses
in heavy on‑road transport.
|
Assistance to
LPG, CNG and LNG fuel users
LPG, CNG and LNG are alternative transport
fuels that compete with petrol and diesel. LPG is Australia’s
most widely used alternative fuel, comprising over 5 per cent
of the transport fuel market.
LPG, CNG and LNG are not currently subject to
fuel tax, so their users will not benefit from fuel tax cuts.
Instead, a CPRS fuel credit will be available in each case to an
appropriate entity in the supply chain. As the volume of emissions
from these fuels is substantially lower than the volume from petrol
and diesel, the carbon price impact on them will be lower. To
reflect this, the amount of credit will be less than the full
amount of the fuel tax cut. This will maintain the relative prices
of these fuels against petrol and diesel. CNG users will benefit
from a credit of around three-quarters of the fuel tax cut, LPG
users will benefit from a credit of around two-thirds, and LNG
users will benefit from a credit of around one-half.
CNG and LNG fuel suppliers will not be provided
with CPRS fuel credits after 30 June 2011. This treatment is
the same as heavy on-road transport as these fuels are
predominantly used for this purpose. The Government will review
this measure after one year.
CPRS fuel credits will cease for LPG on
1 July 2013. The Government will review this measure after
three years.
| Policy position 17.3
The Government will introduce legislation to
implement a new CPRS fuel credit scheme for LPG, CNG and LNG users
that reflects the lower emissions of those fuels.
The CPRS fuel credit scheme for LPG will be in
place for three years.
The CPRS fuel credit scheme for CNG and LNG
will be in place for one year.[6]
|
On 4 May 2009, the Rudd Government announced that it would delay
the start date for the CPRS to 1 July 2011, and that the emission
unit charge would be fixed at $10 per tonne.[7]
The
original Bill, along with the others in the CPRS package, was
referred to the Senate Standing Committee on Economics for inquiry
and report by 15 June 2009. Details of the inquiry are at
http://www.aph.gov.au/senate/committee/economics_ctte/cprs_2_09/index.htm
See the Bills Digest for the Carbon Pollution Reduction Scheme
Bill 2009 [No.2].
The Explanatory Memorandum does not identify separately the
financial consequences of the Bill. Rather, it shows the estimated
combined consequences of the Bill and related Bills as shown
below.
Source: Explanatory Memorandum, p. 8
The Bill does not appropriate funds. Rather, it establishes the
framework for the CPRS credit.

Subdivision 6-A establishes which industries
are entitled to receive CPRS credits, the periods of entitlement,
and the eligible fuels.
Clause 6-5 CPRS fuel credit for fuel to be used for
fishing operations, agriculture or forestry differs from
Clause 6-5 in the original Bill and from Bill [No. 2]. These two
Bills established eligibility for agriculture and fishing but not
for forestry. Clause 6-5 of the current Bill
extends eligibility to forestry. The Government announced the
extension of eligibility for CPRS fuel tax credits to forestry on
24 November 2009.[8]
Paragraph 6-5(c) provides that to be eligible, an
enterprise must be engaged in fishing operations
[subparagraph 6-5(c)(i)] or agriculture
[subparagraph 6-5(c)(ii)] or forestry
[subparagraph 6-5(c)(iii)]. Subclause
6-5(1) establishes the start and end of the period to
which the CPRS fuel credit scheme applies, namely, 1 July 2011 and
30 June 2014 respectively. Paragraph 6-5(1)(d)
specifically excludes from eligibility, fuel used in a vehicle
travelling on a public road. To be eligible, an enterprise must
also be registered for GST or be required to be registered for GST
[subclause 6-5(2)].
Clause 6-10 CPRS fuel credit for fuel to be used for
incidental fishing activities, incidental agricultural activities
or incidental forestry activities differs from clause 6-10
in the original Bill and in Bill [No. 2] by adding
‘incidental forestry activities’ [subparagraph
6-10(d)(iii)] to fishing and agricultural activities. The
provisions in clause 6-10 are identical to those
in clause 6-5 except that
clause 6-10 relates to ‘incidental’
agricultural, fishing and forestry activities.
Clause 6-15 deals with the eligibility of heavy
vehicles used by businesses on public roads. Eligibility for these
vehicles applies for one year—from 1 July 2011 to 30 June
2012 [subclause 6-15(1)]. To be eligible, an
enterprise using heavy vehicles must also be registered for GST or
be required to be registered for GST [subclause
6-15(2)]. However, the GST requirement does not apply to
non-profit bodies regarding emergency vehicles they use
[subclause 6-15(3)].
As noted, diesel-powered vehicles acquired before 1 July 2006
with a GVM equal to 4.5 tonnes receive only a partial tax credit
and pay the road user charge. To receive a CPRS credit (as well as
a fuel tax credit) these vehicles must qualify under item 12 of
Schedule 3 of the
Fuel Tax (Consequential and Transitional Provisions) Act
2006 [subclause 6-20(1)]. Like heavy
vehicles, eligibility for this category of vehicles applies for the
year starting on 1 July 2011 and ending on 30 June 2012
[paragraphs 6-20(1)(a) and (b)].
Also like heavy vehicles, an enterprise must be registered for GST
or be required to be registered for GST [subclause
6-20(2)] but the GST requirement does not apply to
non-profit bodies and emergency vehicles [subclause
6-20(3)].
As noted, LPG, LNG, and CNG are not subject to excise. Of these,
LPG is the most widely-used to power vehicles. All three fuels will
be eligible for a CPRS credit. The provisions governing these
fuels—clauses 6-25, 6-30 and
6-35 respectively—are identical except in
three respects: references to the different fuels, the eligibility
period, and provisions regarding the supply and use of fuel which
relate to LPG only. Clause 6-25 will therefore be
taken as representative of all three clauses.
Subclause 6-25(1) sets out the period over
which the CPRS will apply to LPG. LPG will be eligible for three
years whereas CNG and LNG will be eligible for one year only. LPG
will be eligible for the CPRS credit only if it meets four
conditions. First, it must be used for a vehicle travelling on a
road [paragraph 6-25(1)(c)]. Second, the
enterprise must be a ‘liable entity’ under the proposed
Carbon Pollution Reduction Scheme Act 2010
[paragraph 6-25(1)(c)]. Third, if the enterprise
supplies LPG, it must do so in its capacity as a LPG marketer
[paragraph 6-25(1)(e)]. Fourth, if the enterprise
is using LPG for its own use, it must be a LPG marketer at the time
of use [paragraph 6-25(1)(f)]. Note that
paragraphs 6-25(1)(e) and (f)
relate only to LPG; there are no comparable provisions for CNG and
LNG. Subclause 6-25(2) further requires that the
enterprise be registered for GST or be required to be registered
for GST.[9]
The provisions in subdivision 6-B have three purposes:
- to prevent ‘double dipping’ by ensuring that a CPRS
credit cannot be claimed twice for the same fuel
- to prevent claims being made for vehicles that do not meet
environmental criteria, and
- to exclude fuel used in aircraft being eligible for a CPRS
credit.
Subclause 6-40(1) provides that no CPRS fuel
credit is payable if it is reasonable to conclude that another
entity has previously been entitled to a CPRS fuel credit, or a
decreasing CPRS fuel credit adjustment. Subclause
6-40(2) provides that subclause 6-40(1)
does not apply if it is also reasonable to conclude that another
entity had, in respect of the credit, an increasing CPRS fuel
credit adjustment of the amount of the credit. The terms decreasing
and increasing CPRS fuel credit adjustments are defined in Division
8 (see below).
Clause 6‑45
provides that no CPRS fuel credit will be payable if the fuel is
used in motor vehicles that do not meet the environmental
criteria set out in subclause 6-45(1).
However, subclause 6-45(2) provides that these
environmental requirements do not apply if the vehicles is used in
a primary production businesses and on an agricultural property
[paragraph 6-45(2)(a)]or is not
diesel–powered [paragraph 6-45(2)(b)] or is
not used on a public road[paragraph
6-45(2)(c)].
Aviation gasoline and kerosene are subject to excise. The
revenue is used to help recover the cost of providing aviation
safety services, that is, a form of cost recovery. Clause
6-50 therefore provides that there will be no CPRS fuel
credit for fuel used in aircraft.

Clause 7-5 contains the formula for working out
the amount of the CPRS credit. The formula includes an
‘adjustment factor’. This is the proportion of the CPRS
credit to which the applicant is entitled. For example, in the case
of agriculture and fishing operations, the applicant is entitled to
a full credit whereas incidental agricultural and fishing
activities are entitled to only half of the CPRS credit. The
proportions for automotive LPG, CNG and LNG are 67, 78 and 50 per
cent respectively.
For CNG, its proportion translates into a CPRS fuel credit of
1.915 cents per cubic metre, and 1.228 cents per litre for
LNG, both for one year. LPG will be eligible for CPRS credits for
three years. LPG will receive a CPRS credit of 1.645 cents per
litre for the first year. After the first year, the CPRS credit for
LPG will be adjusted in accordance with increases in the emissions
unit charge.[10]
The reason for the different proportions for gaseous fuels
is:
The volume of emissions from these fuels is
substantially lower than the volume from petrol and diesel and
therefore the carbon price impact on them will be lower. To
reflect this, the amount of credit will be less than the full
amount of the fuel tax cut. This will maintain the relative
prices of these fuels against petrol and diesel.[11]
Subdivision 8-A deals with adjustments to CPRS
fuel credits. Adjustments arise when actual fuel use differs from
its intended use, that is, the purpose for which the fuel is to be
used. CPRS credits—like fuel tax credits—will be based
on intended fuel use. When making a claim for CPRS credits,
applicants will base their claims on intended fuel use. If actual
use differs from intended use, the amount of the CPRS credit will
be adjusted to reflect the correct entitlement. The reason claims
are based on intended use is so that applicants are not
out-of-pocket while waiting for claims to be paid. Applicants have
subsequently to report how they actually used the fuel.
Subclause 8-5(1) provides that an adjustment is
required when there is an increase or decrease in the CPRS credit
to which the applicant is entitled, that is, when the entitlement
originally claimed differs from the correct entitlement.
Subclause 8(5)(2) defines the amount of the
adjustment as the difference between the two. A
decreasing CPRS fuel credit adjustment is where
the applicant’s claimed entitlement exceeds the correct
entitlement so that the amount of the CPRS credit is reduced
[subclause 8-5(3)]. In other words, a decreasing
entitlement is where the applicant, in effect, owes money to the
Commissioner of Taxation. The reverse is true of an increasing
adjustment [subclause 8-5(4)].
Clause 11-10 Application of this Act to the
Commonwealth includes a new subclause
11-10(5).
Subclause 11-10(1) provides that it is
Parliament’s intention that the Commonwealth and untaxable
Commonwealth entities should be notionally entitled to CPRS fuel
credits and have notional CPRS fuel credit adjustments.
Subclause 11-10(2) provides that the Finance
Minister may give written directions to ensure that the intent of
subclause 11-10(1) is satisfied. New
subclause 11-10(5) provides that the Finance
Minister must ensure that a copy of a direction made under
subclause 11-10(2) is available on the website of
the Department administered by the Finance Minister. Clause
11-15 empowers the Governor-General to make regulations
for matters relating to the proposed Carbon Pollution Reduction
Scheme (CPRS Fuel Credits) Act 2010.
Clause 13-1 Dictionary adds two new definitions. The first is
‘forestry’ which is defined as having the same meaning
as in the Energy Grants (Credits) Scheme Act 2003, but
does not include an activity relating to carbon sequestration. The
definition further adds that the repeal of that Act on 1 July
2012 should be disregarded. The second definition is
‘incidental forestry activities’ which have the meaning
given by the regulations.
There is good reason for not taxing business inputs such as fuel
because such taxes distort resource allocation.[12] Excise increases the cost of
fuel that businesses use. Businesses pass on the excise, to varying
degrees, in the prices of their goods and services. Higher prices
reduce demand for the goods and services of the industries that use
fuel relatively intensively. This in turn reduces the quantity of
resources these industries employ. In short, fuel input taxes
distort both consumption and production. The fuel tax credit system
provides relief from these effects.[13]The CPRS, in so far as it maintains
the non-taxation of business inputs, is a logical extension of the
fuel tax credits system.
Another logical extension would be to revamp fuel excise. The
current structure of fuel excises is haphazard. As noted, some
fuels are subject to excise while others are not for no good
reason. Haphazardness is also evident in the failure to index fuel
excise so that excise keeps pace with inflation. On 1 March 2001,
the Howard Government announced the cessation of all future
indexation of the excises on petroleum fuels (indexation continued
to apply to other goods). The excise on petrol and diesel has since
remained at 38.143 cents per litre. The absence of indexation
provides fuel users with a continuous de facto tax cut as prices
rise. Had indexation continued, the excise rate would now be more
than 48 cents per litre.[14] The decision to forego indexation has also reduced
government revenue considerably.
The Fuel Taxation Inquiry recommended a revamp of excise based
on the energy content of each fuel.[15] However, neither the Howard nor Rudd
Governments have adopted this recommendation or the Inquiry’s
recommendation that indexation be reintroduced.
The cessation of indexation may have encouraged the purchase of
less fuel-efficient vehicles. This could be seen as inconsistent
with other aspects of fuel taxation, especially the encouragement
of the use of alternative fuels on environmental grounds. The
cessation of indexation on petroleum fuels could also be seen as
inconsistent with the continuing indexation of excise on other
products. To meet environmental concerns, in addition to basing
excise on energy content, an option would be to impose an
additional amount that reflects the carbon dioxide-intensity of
each fuel.
The proposal to cut excise for heavy vehicle users affects the
road user charge. If heavy vehicle users pay 35.688 cents per litre
(38.143 less 2.455) excise and the fuel tax credit remains at
17.143 cents per litre, the road user charge will increase to
18.545 cents per litre. This would result in costs being
over-recovered. The Government has not indicated that it intends to
change the fuel tax credit from 17.143 cents per litre.

Richard Webb
19 March 2010
Bills Digest Service
Parliamentary Library
Members, Senators and Parliamentary staff can obtain further
information from the Parliamentary Library on (02) 6277 2464.
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