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This is a Bill, not an Act. For current law, see the Acts databases.
CARBON POLLUTION REDUCTION SCHEME (CHARGES-CUSTOMS) BILL 2010
2008-2009-2010
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Carbon Pollution Reduction Scheme
(Charges--Customs) Bill 2010
No. , 2010
(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 2010, so far as
those charges are duties of customs
i Carbon Pollution Reduction Scheme (Charges--Customs) Bill 2010 No. , 2010
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
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--Customs) Bill 2010 No. , 2010 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 2010, so far as
3
those charges are duties of customs
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act may be cited as the Carbon Pollution Reduction Scheme
7
(Charges--Customs) Act 2010.
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 Carbon Pollution Reduction Scheme (Charges--Customs) Bill 2010 No. , 2010
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 8
At the same time as section 3 of the Carbon
Pollution Reduction Scheme Act 2010
commences.
Note:
This table relates only to the provisions of this Act as originally
4
passed by both Houses of the Parliament and assented to. It will not be
5
expanded to deal with provisions inserted in this Act after assent.
6
(2) Column 3 of the table contains additional information that is not
7
part of this Act. Information in this column may be added to or
8
edited in any published version of this Act.
9
3 Definitions
10
In this Act:
11
auction has the same meaning as in the Carbon Pollution
12
Reduction Scheme Act 2010.
13
Australian emissions unit has the same meaning as in the Carbon
14
Pollution Reduction Scheme Act 2010.
15
continental shelf has the same meaning as in the Seas and
16
Submerged Lands Act 1973.
17
exclusive economic zone has the same meaning as in the Seas and
18
Submerged Lands Act 1973.
19
issue, in relation to an Australian emissions unit, has the same
20
meaning as in the Carbon Pollution Reduction Scheme Act 2010.
21
Section 4
Carbon Pollution Reduction Scheme (Charges--Customs) Bill 2010 No. , 2010 3
Joint Petroleum Development Area has the same meaning as in
1
the Petroleum (Timor Sea Treaty) Act 2003.
2
person has the same meaning as in the Carbon Pollution Reduction
3
Scheme Act 2010.
4
4 Crown to be bound
5
This Act binds the Crown in right of each of the States, of the
6
Australian Capital Territory, of the Northern Territory and of
7
Norfolk Island. However, it does not bind the Crown in right of the
8
Commonwealth.
9
5 Extension to external Territories
10
This Act extends to every external Territory.
11
6 Extension to exclusive economic zone and continental shelf
12
This Act extends to Australia's exclusive economic zone and
13
continental shelf.
14
6A Extension to Joint Petroleum Development Area
15
This Act extends to the Joint Petroleum Development Area.
16
7 Imposition of charge
17
Auction
18
(1)
If:
19
(a) an amount is payable by a person to the Commonwealth by
20
way of a charge for the issue to the person of an Australian
21
emissions unit; and
22
(b) the unit is to be issued as the result of an auction; and
23
(c) the charge is taxation within the meaning of section 55 of the
24
Constitution;
25
the charge is imposed by this section.
26
Section 8
4 Carbon Pollution Reduction Scheme (Charges--Customs) Bill 2010 No. , 2010
Fixed charge
1
(2)
If:
2
(a) an amount is payable by a person to the Commonwealth by
3
way of a charge for the issue to the person of an Australian
4
emissions unit; and
5
(b) the unit is to be issued in accordance with section 89 of the
6
Carbon Pollution Reduction Scheme Act 2010 (issue of units
7
for a fixed charge); and
8
(c) the charge is taxation within the meaning of section 55 of the
9
Constitution;
10
the charge is imposed by this section.
11
General
12
(3) This section imposes a charge only so far as that charge is a duty of
13
customs within the meaning of section 55 of the Constitution.
14
8 Act does not impose a tax on property of a State
15
(1) This Act has no effect to the extent (if any) to which it imposes a
16
tax on property of any kind belonging to a State.
17
(2) In this section, property of any kind belonging to a State has the
18
same meaning as in section 114 of the Constitution.
19
(3) For the purposes of this section, it is to be assumed that a reference
20
in section 114 of the Constitution to a State includes a reference to
21
the Australian Capital Territory and the Northern Territory.
22