Commonwealth of Australia Bills
[Index]
[Search]
[Download]
[Related Items]
[Help]
This is a Bill, not an Act. For current law, see the Acts databases.
CLEAN ENERGY (UNIT ISSUE CHARGE-AUCTIONS) BILL 2011
2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Clean Energy (Unit Issue Charge--
Auctions) Bill 2011
No. , 2011
(Climate Change and Energy Efficiency)
A Bill for an Act to impose charges on the issue of
carbon units issued as a result of an auction under
the Clean Energy Act 2011, so far as those charges
are neither duties of customs nor duties of excise
i Clean Energy (Unit Issue Charge--Auctions) Bill 2011 No. , 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
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
8
Imposition of charge .......................................................................... 3
9
Act does not impose a tax on property of a State ............................... 5
10 Regulations
........................................................................................
5
Clean Energy (Unit Issue Charge--Auctions) Bill 2011 No. , 2011 1
A Bill for an Act to impose charges on the issue of
1
carbon units issued as a result of an auction under
2
the Clean Energy Act 2011, so far as those charges
3
are neither duties of customs nor duties of excise
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act may be cited as the Clean Energy (Unit Issue Charge--
7
Auctions) Act 2011.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
Section 3
2 Clean Energy (Unit Issue Charge--Auctions) Bill 2011 No. , 2011
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
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
10
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
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Definitions
10
In this Act:
11
auction has the same meaning as in the Clean Energy Act 2011.
12
carbon unit has the same meaning as in the Clean Energy Act
13
2011.
14
eligible international emissions unit has the same meaning as in
15
the Australian National Registry of Emissions Units Act 2011.
16
issue, in relation to a carbon unit, has the same meaning as in the
17
Clean Energy Act 2011.
18
Joint Petroleum Development Area has the same meaning as in
19
the Petroleum (Timor Sea Treaty) Act 2003.
20
person has the same meaning as in the Clean Energy Act 2011.
21
Section 4
Clean Energy (Unit Issue Charge--Auctions) Bill 2011 No. , 2011 3
Regulator means the Clean Energy Regulator.
1
vintage year has the same meaning as in the Clean Energy Act
2
2011.
3
4 Crown to be bound
4
This Act binds the Crown in right of each of the States, of the
5
Australian Capital Territory, of the Northern Territory and of
6
Norfolk Island. However, it does not bind the Crown in right of the
7
Commonwealth.
8
5 Extension to external Territories
9
This Act extends to every external Territory.
10
6 Extension to exclusive economic zone and continental shelf
11
This Act extends to Australia's exclusive economic zone and
12
continental shelf.
13
7 Extension to Joint Petroleum Development Area
14
This Act extends to the Joint Petroleum Development Area.
15
8 Imposition of charge
16
(1)
If:
17
(a) a carbon unit is issued to a person; and
18
(b) the unit is issued as the result of an auction;
19
charge is imposed on the issue of the unit.
20
(2) Charge imposed by subsection (1) is payable by the person.
21
(3) The amount of charge imposed by subsection (1) on the issue of a
22
carbon unit is the amount equal to the amount the person indicated
23
or declared, in the course of the auction, that the person would be
24
willing to pay by way of charge for the issue of the unit, so long as:
25
(a) in a case where:
26
Section 8
4 Clean Energy (Unit Issue Charge--Auctions) Bill 2011 No. , 2011
(i) the unit has the vintage year beginning on 1 July 2015;
1
and
2
(ii) regulations are in force for the purposes of section 8 of
3
the Clean Energy (International Unit Surrender
4
Charge) Act 2011 in relation to the surrender of an
5
eligible international emissions unit in relation to the
6
vintage year;
7
the amount the person indicated or declared, in the course of
8
the auction, that the person would be willing to pay by way
9
of charge for the issue of the unit is not less than:
10
(iii)
$15;
or
11
(iv) if a greater amount is prescribed for the purposes of this
12
subparagraph--that greater amount; and
13
(b) in a case where:
14
(i) the unit has the vintage year beginning on 1 July 2016;
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)
$16;
or
25
(iv) if a greater amount is prescribed for the purposes of this
26
subparagraph--that greater amount; and
27
(c) in a case where:
28
(i) the unit has the vintage year beginning on 1 July 2017;
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
eligible international emissions unit in relation to the
34
vintage year;
35
the amount the person indicated or declared, in the course of
36
the auction, that the person would be willing to pay by way
37
of charge for the issue of the unit is not less than:
38
Section 9
Clean Energy (Unit Issue Charge--Auctions) Bill 2011 No. , 2011 5
(iii)
$17.05;
or
1
(iv) if a greater amount is prescribed for the purposes of this
2
subparagraph--that greater amount; and
3
(d) in a case where:
4
(i) none of the above paragraphs apply; and
5
(ii) under the regulations, an amount is taken to be the
6
reserve charge amount in relation to the auction;
7
the amount the person indicated or declared, in the course of
8
the auction, that the person would be willing to pay by way
9
of charge for the issue of the unit is not less than that reserve
10
charge amount.
11
(4) Subsection (3) does not apply to an amount the person indicated or
12
declared, in the course of the auction, that the person would be
13
willing to pay by way of charge for the issue of the unit, unless the
14
amount was accepted by the Regulator in the course of the auction.
15
(5) Subsection (1) imposes charge only so far as that charge is:
16
(a) taxation within the meaning of section 55 of the Constitution;
17
and
18
(b) neither a duty of customs nor a duty of excise within the
19
meaning of that section.
20
9 Act does not impose a tax on property of a State
21
(1) This Act has no effect to the extent (if any) to which it imposes a
22
tax on property of any kind belonging to a State.
23
(2) In this section, property of any kind belonging to a State has the
24
same meaning as in section 114 of the Constitution.
25
10 Regulations
26
The Governor-General may make regulations prescribing matters
27
required or permitted by this Act to be prescribed.
28