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This is a Bill, not an Act. For current law, see the Acts databases.
CARBON POLLUTION REDUCTION SCHEME (CHARGES-GENERAL) BILL 2009 [NO. 2]
2008-2009
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Carbon Pollution Reduction Scheme
(Charges--General) Bill 2009
No. , 2009
(Climate Change and Water)
A Bill for an Act to impose charges for the issue of
Australian emissions units under the Carbon
Pollution Reduction Scheme Act 2009, so far as
those charges are neither duties of customs nor
duties of excise
i Carbon Pollution Reduction Scheme (Charges--General) Bill 2009 No. , 2009
Contents
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
6A
Extension to Joint Petroleum Development Area .............................. 3
7
Imposition of charge .......................................................................... 3
8
Act does not impose a tax on property of a State ............................... 4
Carbon Pollution Reduction Scheme (Charges--General) Bill 2009 No. , 2009 1
A Bill for an Act to impose charges for the issue of
1
Australian emissions units under the Carbon
2
Pollution Reduction Scheme Act 2009, so far as
3
those charges are neither duties of customs nor
4
duties of excise
5
The Parliament of Australia enacts:
6
1 Short title
7
This Act may be cited as the Carbon Pollution Reduction Scheme
8
(Charges--General) Act 2009.
9
Section 2
2 Carbon Pollution Reduction Scheme (Charges--General) Bill 2009 No. , 2009
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 on which this Act receives the
Royal Assent.
2. Sections 3 to 8
At the same time as section 3 of the Carbon
Pollution Reduction Scheme Act 2009
commences.
Note:
This table relates only to the provisions of this Act as originally
7
passed by both Houses of the Parliament and assented to. It will not be
8
expanded to deal with provisions inserted in this Act after assent.
9
(2) Column 3 of the table contains additional information that is not
10
part of this Act. Information in this column may be added to or
11
edited in any published version of this Act.
12
3 Definitions
13
In this Act:
14
auction has the same meaning as in the Carbon Pollution
15
Reduction Scheme Act 2009.
16
Australian emissions unit has the same meaning as in the Carbon
17
Pollution Reduction Scheme Act 2009.
18
continental shelf has the same meaning as in the Seas and
19
Submerged Lands Act 1973.
20
Section 4
Carbon Pollution Reduction Scheme (Charges--General) Bill 2009 No. , 2009 3
exclusive economic zone has the same meaning as in the Seas and
1
Submerged Lands Act 1973.
2
issue, in relation to an Australian emissions unit, has the same
3
meaning as in the Carbon Pollution Reduction Scheme Act 2009.
4
Joint Petroleum Development Area has the same meaning as in
5
the Petroleum (Timor Sea Treaty) Act 2003.
6
person has the same meaning as in the Carbon Pollution Reduction
7
Scheme Act 2009.
8
4 Crown to be bound
9
This Act binds the Crown in right of each of the States, of the
10
Australian Capital Territory, of the Northern Territory and of
11
Norfolk Island. However, it does not bind the Crown in right of the
12
Commonwealth.
13
5 Extension to external Territories
14
This Act extends to every external Territory.
15
6 Extension to exclusive economic zone and continental shelf
16
This Act extends to Australia's exclusive economic zone and
17
continental shelf.
18
6A Extension to Joint Petroleum Development Area
19
This Act extends to the Joint Petroleum Development Area.
20
7 Imposition of charge
21
Auction
22
(1)
If:
23
(a) an amount is payable by a person to the Commonwealth by
24
way of a charge for the issue to the person of an Australian
25
emissions unit; and
26
(b) the unit is to be issued as the result of an auction; and
27
Section 8
4 Carbon Pollution Reduction Scheme (Charges--General) Bill 2009 No. , 2009
(c) the charge is taxation within the meaning of section 55 of the
1
Constitution;
2
the charge is imposed by this section.
3
Fixed charge
4
(2)
If:
5
(a) an amount is payable by a person to the Commonwealth by
6
way of a charge for the issue to the person of an Australian
7
emissions unit; and
8
(b) the unit is to be issued in accordance with section 89 of the
9
Carbon Pollution Reduction Scheme Act 2009 (issue of units
10
for a fixed charge); and
11
(c) the charge is taxation within the meaning of section 55 of the
12
Constitution;
13
the charge is imposed by this section.
14
General
15
(3) This section imposes a charge only so far as that charge is neither a
16
duty of customs nor a duty of excise within the meaning of
17
section 55 of the Constitution.
18
8 Act does not impose a tax on property of a State
19
(1) This Act has no effect to the extent (if any) to which it imposes a
20
tax on property of any kind belonging to a State.
21
(2) In this section, property of any kind belonging to a State has the
22
same meaning as in section 114 of the Constitution.
23
24