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This is a Bill, not an Act. For current law, see the Acts databases.

CLEAN ENERGY (CHARGES-EXCISE) BILL 2011

2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Clean Energy (Charges--Excise) Bill
2011
No. , 2011
(Climate Change and Energy Efficiency)
A Bill for an Act to impose charges associated with
the Clean Energy Act 2011, so far as those charges
are duties of excise
i Clean Energy (Charges--Excise) Bill 2011 No. , 2011
Contents
Part 1--Preliminary
1
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
2
3 Definitions
.........................................................................................
2
4
Crown to be bound ............................................................................. 3
5
Extension to external Territories ........................................................ 3
6
Extension to exclusive economic zone and continental shelf ............ 3
7
Extension to Joint Petroleum Development Area .............................. 3
Part 2--Charge for the issue of a carbon unit
4
8
Imposition of charge .......................................................................... 4
Part 3--Charge on a unit shortfall
7
9
Imposition of charge .......................................................................... 7
Part 4--Miscellaneous
9
10
Act does not impose a tax on property of a State ............................... 9
11 Regulations
........................................................................................
9
Clean Energy (Charges--Excise) Bill 2011 No. , 2011 1
A Bill for an Act to impose charges associated with
1
the Clean Energy Act 2011, so far as those charges
2
are duties of excise
3
The Parliament of Australia enacts:
4
Part 1--Preliminary
5
6
1 Short title
7
This Act may be cited as the Clean Energy (Charges--Excise) Act
8
2011.
9
Part 1 Preliminary
Section 2
2 Clean Energy (Charges--Excise) Bill 2011 No. , 2011
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 and
2 and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Sections 3 to
11
At the same time as section 3 of the Clean
Energy Act 2011 commences.
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
3 Definitions
13
In this Act:
14
auction has the same meaning as in the Clean Energy Act 2011.
15
benchmark average auction charge has the same meaning as in
16
the Clean Energy Act 2011.
17
carbon unit has the same meaning as in the Clean Energy Act
18
2011.
19
eligible international emissions unit has the same meaning as in
20
the Australian National Registry of Emissions Units Act 2011.
21
Preliminary Part 1
Section 4
Clean Energy (Charges--Excise) Bill 2011 No. , 2011 3
fixed charge year has the same meaning as in the Clean Energy
1
Act 2011.
2
flexible charge year has the same meaning as in the Clean Energy
3
Act 2011.
4
issue, in relation to a carbon unit, has the same meaning as in the
5
Clean Energy Act 2011.
6
Joint Petroleum Development Area has the same meaning as in
7
the Petroleum (Timor Sea Treaty) Act 2003.
8
person has the same meaning as in the Clean Energy Act 2011.
9
Regulator means the Clean Energy Regulator.
10
unit shortfall has the same meaning as in the Clean Energy Act
11
2011.
12
vintage year has the same meaning as in the Clean Energy Act
13
2011.
14
4 Crown to be bound
15
This Act binds the Crown in right of each of the States, of the
16
Australian Capital Territory, of the Northern Territory and of
17
Norfolk Island. However, it does not bind the Crown in right of the
18
Commonwealth.
19
5 Extension to external Territories
20
This Act extends to every external Territory.
21
6 Extension to exclusive economic zone and continental shelf
22
This Act extends to Australia's exclusive economic zone and
23
continental shelf.
24
7 Extension to Joint Petroleum Development Area
25
This Act extends to the Joint Petroleum Development Area.
26
27
Part 2 Charge for the issue of a carbon unit
Section 8
4 Clean Energy (Charges--Excise) Bill 2011 No. , 2011
Part 2--Charge for the issue of a carbon unit
1
2
8 Imposition of charge
3
Auction
4
(1)
If:
5
(a) a carbon unit is issued to a person; and
6
(b) the unit is issued as the result of an auction;
7
charge is imposed on the issue of the unit.
8
(2) Charge imposed by subsection (1) is payable by the person.
9
(3) The amount of charge imposed by subsection (1) on the issue of a
10
carbon unit is the amount equal to the amount the person indicated
11
or declared, in the course of the auction, that the person would be
12
willing to pay by way of charge for the issue of the unit, so long as:
13
(a) in a case where:
14
(i) the unit has the vintage year beginning on 1 July 2015;
15
and
16
(ii) regulations are in force for the purposes of section 8 of
17
the Clean Energy (International Unit Surrender
18
Charge) Act 2011 in relation to the surrender of an
19
eligible international emissions unit in relation to the
20
vintage year;
21
the amount the person indicated or declared, in the course of
22
the auction, that the person would be willing to pay by way
23
of charge for the issue of the unit is not less than:
24
(iii)
$15;
or
25
(iv) if a greater amount is prescribed for the purposes of this
26
subparagraph--that greater amount; and
27
(b) in a case where:
28
(i) the unit has the vintage year beginning on 1 July 2016;
29
and
30
(ii) regulations are in force for the purposes of section 8 of
31
the Clean Energy (International Unit Surrender
32
Charge) Act 2011 in relation to the surrender of an
33
Charge for the issue of a carbon unit Part 2
Section 8
Clean Energy (Charges--Excise) Bill 2011 No. , 2011 5
eligible international emissions unit in relation to the
1
vintage year;
2
the amount the person indicated or declared, in the course of
3
the auction, that the person would be willing to pay by way
4
of charge for the issue of the unit is not less than:
5
(iii)
$16;
or
6
(iv) if a greater amount is prescribed for the purposes of this
7
subparagraph--that greater amount; and
8
(c) in a case where:
9
(i) the unit has the vintage year beginning on 1 July 2017;
10
and
11
(ii) regulations are in force for the purposes of section 8 of
12
the Clean Energy (International Unit Surrender
13
Charge) Act 2011 in relation to the surrender of an
14
eligible international emissions unit in relation to the
15
vintage year;
16
the amount the person indicated or declared, in the course of
17
the auction, that the person would be willing to pay by way
18
of charge for the issue of the unit is not less than:
19
(iii)
$17.05;
or
20
(iv) if a greater amount is prescribed for the purposes of this
21
subparagraph--that greater amount; and
22
(d) in a case where:
23
(i) none of the above paragraphs apply; and
24
(ii) under the regulations, an amount is taken to be the
25
reserve charge amount in relation to the auction;
26
the amount the person indicated or declared, in the course of
27
the auction, that the person would be willing to pay by way
28
of charge for the issue of the unit is not less than that reserve
29
charge amount.
30
(4) Subsection (3) does not apply to an amount the person indicated or
31
declared, in the course of the auction, that the person would be
32
willing to pay by way of charge for the issue of the unit, unless the
33
amount was accepted by the Regulator in the course of the auction.
34
(5) Subsection (1) imposes charge only so far as that charge is a duty
35
of excise within the meaning of section 55 of the Constitution.
36
Part 2 Charge for the issue of a carbon unit
Section 8
6 Clean Energy (Charges--Excise) Bill 2011 No. , 2011
Fixed charge
1
(6)
If:
2
(a) a carbon unit is issued to a person; and
3
(b) the unit is issued in accordance with section 100 of the Clean
4
Energy Act 2011 (issue of units for a fixed charge);
5
charge is imposed on the issue of the unit.
6
(7) Charge imposed by subsection (6) is payable by the person.
7
(8) The amount of charge imposed by subsection (6) on the issue of a
8
unit is the amount equal to the per unit charge set out in the
9
application under subsection 100(1) of the Clean Energy Act 2011
10
for the issue of the unit.
11
(9) Subsection (6) imposes charge only so far as that charge is a duty
12
of excise within the meaning of section 55 of the Constitution.
13
14
Charge on a unit shortfall Part 3
Section 9
Clean Energy (Charges--Excise) Bill 2011 No. , 2011 7
Part 3--Charge on a unit shortfall
1
2
9 Imposition of charge
3
(1) If a person has a unit shortfall for a financial year, charge is
4
imposed on the unit shortfall.
5
(2) Charge imposed by subsection (1) is payable by the person.
6
Amount of charge
7
(3) The amount of charge imposed by subsection (1) on a unit shortfall
8
is the amount worked out using the formula:
9
Number of units in
Prescribed amount for
the unit shortfall
the financial year
×
10
where:
11
prescribed amount for the financial year means:
12
(a) if the financial year is a fixed charge year--an amount equal
13
to 130% of the per unit charge applicable under subsection
14
100(1) of the Clean Energy Act 2011 for the issue of a carbon
15
unit with a vintage year of that fixed charge year; or
16
(b) if the financial year is a flexible charge year:
17
(i) if an amount is specified in the regulations for the
18
financial year--that amount; or
19
(ii) otherwise--an amount equal to 200% of the benchmark
20
average auction charge for the previous financial year.
21
(4) An amount specified in regulations made for the purposes of
22
subparagraph (b)(i) of the definition of prescribed amount for the
23
financial year in subsection (3) in relation to a financial year:
24
(a) must not be less than 130% of the benchmark average
25
auction charge for the previous financial year; and
26
(b) must not exceed 200% of the benchmark average auction
27
charge for the previous financial year.
28
Part 3 Charge on a unit shortfall
Section 9
8 Clean Energy (Charges--Excise) Bill 2011 No. , 2011
General
1
(5) This section imposes charge only so far as that charge is a duty of
2
excise within the meaning of section 55 of the Constitution.
3
4
Miscellaneous Part 4
Section 10
Clean Energy (Charges--Excise) Bill 2011 No. , 2011 9
Part 4--Miscellaneous
1
2
10 Act does not impose a tax on property of a State
3
(1) This Act has no effect to the extent (if any) to which it imposes a
4
tax on property of any kind belonging to a State.
5
(2) In this section, property of any kind belonging to a State has the
6
same meaning as in section 114 of the Constitution.
7
11 Regulations
8
The Governor-General may make regulations prescribing matters
9
required or permitted by this Act to be prescribed.
10

 

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