Commonwealth Numbered Acts

CLEAN ENERGY ACT 2011 (NO. 131, 2011) - SECT 100

Application

             (1)  During the issue period set out in an item in the following table, a person may apply to the Regulator for the issue to the person of a specified number of carbon units:

                     (a)  with a vintage year set out in the item; and

                     (b)  for the per unit charge set out in the item;

so long as:

                     (c)  the person is a liable entity for the vintage year; and

                     (d)  the person has a Registry account.

Note:          For emissions number publication time , see section 5.

             (2)  A person is not entitled to make an application during an issue period set out in item 7, 8 or 9 of the table in subsection (1) if no regulations are in force for the purposes of item 7 of the table.

Maximum number of units--table items 1, 3 and 5

             (3)  An application made during an issue period set out in item 1, 3 or 5 of the table in subsection (1) must not specify a number of carbon units that exceeds the number worked out using the following formula:

Maximum number of units--table items 2, 4, 6, 7, 8 and 9

             (4)  An application made during an issue period set out in item 2, 4, 6, 7, 8 or 9 of the table in subsection (1) must not specify a number of carbon units that exceeds the number worked out using the following formula:

Form of application

             (5)  An application must:

                     (a)  be in writing; and

                     (b)  be in a form approved, in writing, by the Regulator.

Issue of units

             (6)  If, during an issue period set out in an item in the table in subsection (1):

                     (a)  a person has applied for a specified number of carbon units with a particular vintage year; and

                     (b)  the person has tendered the total amount of charges payable for, or imposed on, the issue of the units;

the Regulator must, as soon as practicable, issue to the person that number of carbon units with that vintage year.

Automatic surrender of units

             (7)  If a carbon unit is issued to a person in accordance with this section:

                     (a)  immediately after the issue of the unit, the person is taken to have surrendered the unit; and

                     (b)  the person is taken to have done so by electronic notice transmitted to the Regulator under subsection 122(1); and

                     (c)  the notice is taken to have:

                              (i)  specified the unit; and

                             (ii)  specified the vintage year of the unit as the eligible financial year to which the surrender relates; and

                            (iii)  specified the account number of the person's Registry account in which there is an entry for the unit that is being surrendered.

             (8)  A carbon unit issued to a person in accordance with this section cannot be transferred or relinquished.

Publication of fixed charge

             (9)  Before the start of each of the following eligible financial years:

                     (a)  the eligible financial year beginning on 1 July 2015;

                     (b)  the eligible financial year beginning on 1 July 2016;

                     (c)  the eligible financial year beginning on 1 July 2017;

the Regulator must publish on its website the per unit charge applicable under subsection (1) for the issue of a carbon unit with a vintage year of that eligible financial year.

Charge payable

           (10)  If a carbon unit is issued to a person in accordance with this section, the person is liable to pay a charge for the issue of the unit.

           (11)  Subsection (10) has effect only so far as it is not a law imposing taxation within the meaning of section 55 of the Constitution.

Note:          See also:

(a)    Part 2 of the Clean Energy (Charges--Excise) Act 2011 ; and

(b)    Part 2 of the Clean Energy (Charges--Customs) Act 2011 ; and

(c)    the Clean Energy (Unit Issue Charge--Fixed Charge) Act 2011 .

           (12)  The amount of charge payable under subsection (10) for the issue of a carbon unit is the amount equal to the per unit charge set out in the application under subsection (1) for the issue of the unit.

Recovery of charge

           (13)  If a carbon unit is issued in accordance with this section, an amount of charge payable for, or imposed on, the issue of the unit:

                     (a)  is a debt due to the Commonwealth; and

                     (b)  may be recovered by the Regulator, on behalf of the Commonwealth, by action in a court of competent jurisdiction.

Regulations

           (14)  The Minister must take all reasonable steps to ensure that regulations are made for the purposes of item 7 of the table in subsection (1) before 31 May 2014.

           (15)  Regulations must not be made for the purposes of item 7 of the table in subsection (1) on or after 1 June 2015.