Clean Energy (Unit Issue Charge—Auctions) Act 2011
No. 160, 2011
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
Contents
1............ Short title............................................................................................. 2
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
8............ Imposition of charge........................................................................... 3
9............ Act does not impose a tax on property of a State................................ 5
10.......... Regulations......................................................................................... 6
Clean Energy (Unit Issue Charge—Auctions) Act 2011
No. 160, 2011
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
[Assented to 4 December 2011]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Clean Energy (Unit Issue Charge—Auctions) Act 2011.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
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.
4 December 2011
2. Sections 3 to 10
At the same time as section 3 of the Clean Energy Act 2011 commences.
2 April 2012
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Definitions
In this Act:
auction has the same meaning as in the Clean Energy Act 2011.
carbon unit has the same meaning as in the Clean Energy Act 2011.
eligible international emissions unit has the same meaning as in the Australian National Registry of Emissions Units Act 2011.
issue, in relation to a carbon unit, has the same meaning as in the Clean Energy Act 2011.
Joint Petroleum Development Area has the same meaning as in the Petroleum (Timor Sea Treaty) Act 2003.
person has the same meaning as in the Clean Energy Act 2011.
Regulator means the Clean Energy Regulator.
vintage year has the same meaning as in the Clean Energy Act 2011.
4 Crown to be bound
This Act binds the Crown in right of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island. However, it does not bind the Crown in right of the Commonwealth.
5 Extension to external Territories
This Act extends to every external Territory.
6 Extension to exclusive economic zone and continental shelf
This Act extends to Australia’s exclusive economic zone and continental shelf.
7 Extension to Joint Petroleum Development Area
This Act extends to the Joint Petroleum Development Area.
8 Imposition of charge
(1) If:
(a) a carbon unit is issued to a person; and
(b) the unit is issued as the result of an auction;
charge is imposed on the issue of the unit.
(2) Charge imposed by subsection (1) is payable by the person.
(3) The amount of charge imposed by subsection (1) on the issue of a carbon unit is the amount equal to the amount the person indicated or declared, in the course of the auction, that the person would be willing to pay by way of charge for the issue of the unit, so long as:
(a) in a case where:
(i) the unit has the vintage year beginning on 1 July 2015; and
(ii) regulations are in force for the purposes of section 8 of the Clean Energy (International Unit Surrender Charge) Act 2011 in relation to the surrender of an eligible international emissions unit in relation to the vintage year;
the amount the person indicated or declared, in the course of the auction, that the person would be willing to pay by way of charge for the issue of the unit is not less than:
(iii) $15; or
(iv) if a greater amount is prescribed for the purposes of this subparagraph—that greater amount; and
(b) in a case where:
(i) the unit has the vintage year beginning on 1 July 2016; and
(ii) regulations are in force for the purposes of section 8 of the Clean Energy (International Unit Surrender Charge) Act 2011 in relation to the surrender of an eligible international emissions unit in relation to the vintage year;
the amount the person indicated or declared, in the course of the auction, that the person would be willing to pay by way of charge for the issue of the unit is not less than:
(iii) $16; or
(iv) if a greater amount is prescribed for the purposes of this subparagraph—that greater amount; and
(c) in a case where:
(i) the unit has the vintage year beginning on 1 July 2017; and
(ii) regulations are in force for the purposes of section 8 of the Clean Energy (International Unit Surrender Charge) Act 2011 in relation to the surrender of an eligible international emissions unit in relation to the vintage year;
the amount the person indicated or declared, in the course of the auction, that the person would be willing to pay by way of charge for the issue of the unit is not less than:
(iii) $17.05; or
(iv) if a greater amount is prescribed for the purposes of this subparagraph—that greater amount; and
(d) in a case where:
(i) none of the above paragraphs apply; and
(ii) under the regulations, an amount is taken to be the reserve charge amount in relation to the auction;
the amount the person indicated or declared, in the course of the auction, that the person would be willing to pay by way of charge for the issue of the unit is not less than that reserve charge amount.
(4) Subsection (3) does not apply to an amount the person indicated or declared, in the course of the auction, that the person would be willing to pay by way of charge for the issue of the unit, unless the amount was accepted by the Regulator in the course of the auction.
(5) Subsection (1) imposes charge only so far as that charge is:
(a) taxation within the meaning of section 55 of the Constitution; and
(b) neither a duty of customs nor a duty of excise within the meaning of that section.
9 Act does not impose a tax on property of a State
(1) This Act has no effect to the extent (if any) to which it imposes a tax on property of any kind belonging to a State.
(2) In this section, property of any kind belonging to a State has the same meaning as in section 114 of the Constitution.
10 Regulations
The Governor‑General may make regulations prescribing matters required or permitted by this Act to be prescribed.
[Minister’s second reading speech made in—
House of Representatives on 13 September 2011
Senate on 12 October 2011]
(180/11)
