Clean Energy Amendment Regulation 2013 (No. 1)
 
Select Legislative Instrument No. 17, 2013
I, Quentin Bryce, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Clean Energy Act 2011.
Dated 1 March 2013
Quentin Bryce
Governor‑General
By Her Excellency’s Command
Greg Combet
Minister for Climate Change and Energy Efficiency
 
  
  
Contents
1............ Name of regulation.............................................................................. 1
2............ Commencement................................................................................... 1
3............ Authority............................................................................................. 1
4............ Schedule(s)......................................................................................... 1
Schedule 1—Amendments                                                                                                2
Clean Energy Regulations 2011                                                                              2
 
1  Name of regulation
                   This regulation is the Clean Energy Amendment Regulation 2013 (No. 1).
2  Commencement
                   This regulation commences on the day after it is registered.
3  Authority
                   This regulation is made under the Clean Energy Act 2011.
4  Schedule(s)
                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments
  
Clean Energy Regulations 2011
1  After paragraph 3.37(1)(c)
Insert:
                    (ca)  if the applicant provided consent in accordance with subparagraph 3.47(1)(a)(ii):
                              (i)  the application includes consent for each member of the GST group required by subparagraph 3.47(1)(a)(ii) to provide consent; and
                             (ii)  the members of the GST group mentioned in the application would be able to make any payment guaranteed under subregulation 3.47(3) if required to do so; and
2  Subregulation 3.37(2) (table item 2)
After “by”, insert “the joint venture operator and”.
3  Paragraph 3.45(1)(f)
Omit “3.47(2).”, substitute “3.47(2) or (2A); or”.
4  At the end of subregulation 3.45(1)
Add:
                     (g)  if, under subparagraph 3.47(1)(a)(ii), consent was provided by a member of a GST group with more than 20 members—any member who provided consent has become an externally‑administered body corporate within the meaning of the Corporations Act 2001.
5  Paragraph 3.47(1)(a)
Repeal the paragraph, substitute:
                     (a)  if the applicant is the representative member of a GST group—either:
                              (i)  each member of the GST group of which the applicant is a member; or
                             (ii)  if the applicant is a representative member of a GST group with more than 20 members—each member of the GST group that acquires, manufactures or imports fuel that will be included in the designated opt‑in person’s opt‑in amount;
6  Subregulation 3.47(2)
Repeal the subregulation, substitute:
             (2)  If:
                     (a)  a declaration has been made under regulation 3.37; and
                     (b)  during a financial year:
                              (i)  for a designated opt‑in person who provided consent in accordance with paragraph (1)(a) or (b)—a member or participant joins the person’s GST group or GST joint venture; and
                             (ii)  for a designated opt‑in person who provided consent in accordance with paragraph (1)(c)—the representative member of the person’s GST group changes; and
                     (c)  the member, participant or representative member (the consenter) has not provided consent for the person to be the designated opt‑in person for the GST group or GST joint venture;
the designated opt‑in person must, in the form approved by the Regulator, provide the consent of the consenter to the Regulator before the end of the financial year in which the consenter joined the designated opt‑in person’s GST group or GST joint venture.
7  After subregulation 3.47(2)
Insert:
          (2A)  If:
                     (a)  a declaration has been made under regulation 3.37 for a representative member of a GST group that has more than 20 members; and
                     (b)  during a financial year a member of the GST group at the time of the declaration begins to acquire, manufacture or import fuel that will be included in the person’s opt‑in amount; and
                     (c)  the member has not provided consent for the representative member to be the designated opt‑in person for the GST group;
the designated opt‑in person must, in the form approved by the Regulator, provide the consent of the member to the Regulator within 28 days of becoming aware that the member’s fuel will be included in the person’s opt‑in amount.
8  Subregulation 3.47(3)
Omit all the words from and including “A member,” to and including “opt‑in amount,”, substitute “The consenter who provides consent for the designated opt‑in person to be the designated opt‑in person for the GST group, GST joint venture or GST group member is taken to have guaranteed”.
9  After subregulation 3.47(3)
Insert:
          (3A)  The guarantee mentioned in subregulation (3) is taken to apply:
                     (a)  if the applicant provided consent in accordance with paragraph 3.47(1)(c)—for any financial year the consenter is the representative member of the designated opt‑in person’s GST group; and
                     (b)  in any other case—for any financial year the consenter’s fuel is included in the designated opt‑in person’s opt‑in amount.
10  At the end of regulation 3.47
Add:
             (5)  To avoid doubt, the provision of consent by particular members of a GST group under subparagraph (1)(a)(ii) does not affect the application of any other provision in this Division to any other member of the GST group who has not provided consent.
11  At the end of regulation 3.50
Add:
             ; and (e)  if the person applied as a representative member of a GST group with more than 20 members—a member that provided consent for the designated opt‑in person:
                              (i)  no longer acquires, manufactures or imports fuel included in the designated opt‑in person’s opt‑in amount; or
                             (ii)  has changed the member’s identifying information; or
                            (iii)  has become an externally‑administered body corporate within the meaning of the Corporations Act 2001; or
                            (iv)  no longer satisfies the membership requirement mentioned in paragraph 48‑10(1)(b) of the GST Act; and
                      (f)  if the person applied as a representative member of a GST group with more than 20 members—a member of the person’s GST group:
                              (i)  who was a member of the person’s GST group at the time of declaration under regulation 3.37; and
                             (ii)  who has not provided consent for the person to be the designated opt‑in person for the GST group;
                            begins to acquire, manufacture or import fuel that will be included in the person’s opt‑in amount.