Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section operates if:
(a) the Commissioner has made a declaration under subsection 75 - 40(1) to negate the * fuel tax benefit an entity gets from a * scheme; and
(b) the Commissioner considers that another entity (the loser ) gets a * fuel tax disadvantage from the scheme; and
(c) the Commissioner considers that it is fair and reasonable that the loser's fuel tax disadvantage be negated or reduced.
(2) An entity gets a fuel tax disadvantage from a * scheme if:
(a) an * amount that is payable by the entity under this Act apart from this Division is, or could reasonably be expected to be, larger than it would have been apart from the scheme or a part of the scheme; or
(b) an amount that is payable to the entity under this Act apart from this Division is, or could reasonably be expected to be, smaller than it would have been apart from the scheme or a part of the scheme; or
(c) all or part of an amount that is payable by the entity under this Act apart from this Division is, or could reasonably be expected to be, payable earlier than it would have been apart from the scheme or a part of the scheme; or
(d) all or part of an amount that is payable to the entity under this Act apart from this Division is, or could reasonably be expected to be, payable later than it would have been apart from the scheme or a part of the scheme.
(3) For the purposes of negating or reducing the loser's * fuel tax disadvantage from the * scheme, the Commissioner may make a declaration (under this section) stating the * amount that is (and has been at all times) the loser's * net fuel amount for a specified * tax period or * fuel tax return period that has ended.
(4) An * amount stated in a declaration as the loser's * net fuel amount must not be less than the net fuel amount would have been apart from the * scheme, or part of the scheme, and the declaration.
(5) An entity may give the Commissioner a written request to make a declaration under this section relating to the entity. The Commissioner must decide whether or not to grant the request, and give the entity notice of the Commissioner's decision.
(6) A declaration under this section is not a legislative instrument.