The Biofuel Bill was passed on 3 September 2008 and its provisions came into effect from 1 October 2008. As the Biofuel Bill comprised provisions to amend other Acts, there will not be a "Biofuel Act", only amendments made to relevant Acts.
The following outlines the main amendments made by the Biofuel Bill that effect the New Zealand Customs Service and clients and gives links to the actual provisions.
PETROLEUM OR ENGINE FUEL MONITORING LEVY
The Biofuel Bill made amendments to the levy provided under section 24 of the Energy (Fuels, Levies, and References) Act 1989. The levy was renamed the Petroleum or Engine Fuel Monitoring Levy (PEFML); the rate was increased from 0.025 cents per litre to 0.045 cents per litre; and the fuels subject to the levy now include motor spirit (petrol), diesel, biodiesel and fuel ethanol and blends of these. The levy is also now paid to the New Zealand Customs Service by the person who would be liable to pay excise duty or excise-equivalent duty under the Customs and Excise Act 1996 if any were payable. For the new section 24 click here.
CHANGES TO THE CUSTOMS AND EXCISE ACT 1996 AND THE TARIFF ACT 1988
The Biofuel Bill amended schedules of the Customs and Excise Act 1996 and the Tariff Act 1988. The updated Third Schedule of the Customs and Excise Act and the relevant sections of the Working Tariff of New Zealand will be available from www.customs.govt.nz
The Biofuel Bill amended the Customs and Excise Act 1996 by amending the definitions of:
· "duty" in section 2(1),
· section 2(2),by amending paragraphs (d) and (e), and
· motor spirits in section 79A(4).
Section 286(1) is also amended by repealing and substituting paragraph (a).