• “(ba) compliance by the Crown with New Zealand’s obligation, under Article 2 of the International Energy Agreement, to maintain the emergency reserve commitment set out in that Article; and”.

• “(3) Levies recovered under section 24 may be applied for the purpose of meeting the reasonable costs and expenses incurred by the Crown for the purpose set out in subsection (2)(ba) on and from 1 July 2013, even though subsection (2)(ba) commences after that date.

• “(4) In this section, International Energy Agreement has the meaning given in section 2 of the International Energy Agreement Act 1976.”

“24 Petroleum or engine fuel monitoring levy

• “(1) A levy is payable at the rate prescribed under section 33 for each complete litre of petroleum or engine fuel of a type specified in regulations made under section 35(1)(fa).

  “(2) The levy must be paid to the New Zealand Customs Service—

  • “(a) by the person who would be liable to pay any excise duty or excise-equivalent duty on the petroleum or engine fuel under the Customs and Excise Act 1996 if any were payable; and

  • “(b) when any excise duty or excise-equivalent duty would be paid if any were payable.

  “(3) The New Zealand Customs Service must collect the levy on behalf of the Crown.

  “(4) Section 28 (which provides a penalty for late payment of a levy) does not apply in respect of the levy.”

“29 Recovery of levies

• All money payable to the Secretary or the New Zealand Customs Service under this Part is—

  • “(a) a debt due to the Crown; and

  • “(b) recoverable by the Crown in a court of competent jurisdiction.”

“30 Payment of levy into Crown Bank Account

• All money received by the Secretary or the New Zealand Customs Service under this Part must be paid into a Crown Bank Account.”

“33 Regulations prescribing levy rates

• “(1) The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations prescribing, for levies that are payable under this Part,—

  • “(a) amounts or rates of the levies; or

  • “(b) formulas for calculating amounts or rates of the levies.

  “(2) However, an amount or rate prescribed, or calculated using a prescribed formula, must not exceed any maximum amount or rate set out in this Part.

  “(3) Before recommending that regulations be made under this section, the Minister must consult persons or organisations considered by the Minister to represent the persons affected by the levy concerned.

  “(4) Regulations made under subsection (1),—

  • “(a) if made on or before 30 June in any year, expire on the close of 31 December of that year unless they are expressly confirmed by an Act of Parliament passed during that year; and

  • “(b) if made on or after 1 July in any year, expire on the close of 31 December in the following year unless they are expressly confirmed by an Act of Parliament passed before the end of that following year.”

• “(fa) prescribing, in respect of the levy that is payable under section 24, the types of petroleum or engine fuels for which the levy is payable:”.