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This is a Bill, not an Act. For current law, see the Acts databases.
CLEAN ENERGY (INTERNATIONAL UNIT SURRENDER CHARGE) BILL 2011
2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Clean Energy (International Unit
Surrender Charge) Bill 2011
No. , 2011
(Climate Change and Energy Efficiency)
A Bill for an Act to impose a charge on the
surrender of eligible international emissions units
under the Clean Energy Act 2011
i Clean Energy (International Unit Surrender Charge) Bill 2011 No. , 2011
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
7
Extension to Joint Petroleum Development Area .............................. 3
8
Imposition of charge .......................................................................... 3
9 Exemptions
........................................................................................
4
10
Act does not impose a tax on property of a State ............................... 4
11 Regulations
........................................................................................
4
Clean Energy (International Unit Surrender Charge) Bill 2011 No. , 2011 1
A Bill for an Act to impose a charge on the
1
surrender of eligible international emissions units
2
under the Clean Energy Act 2011
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Clean Energy (International Unit
6
Surrender Charge) Act 2011.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
Section 3
2 Clean Energy (International Unit Surrender Charge) Bill 2011 No. , 2011
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
11
At the same time as section 3 of the Clean
Energy Act 2011 commences.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Definitions
10
In this Act:
11
eligible financial year has the same meaning as in the Clean
12
Energy Act 2011.
13
eligible international emissions unit has the same meaning as in
14
the Clean Energy Act 2011.
15
Joint Petroleum Development Area has the same meaning as in
16
the Petroleum (Timor Sea Treaty) Act 2003.
17
person has the same meaning as in the Clean Energy Act 2011.
18
surrender has the same meaning as in the Clean Energy Act 2011.
19
Section 4
Clean Energy (International Unit Surrender Charge) Bill 2011 No. , 2011 3
4 Crown to be bound
1
This Act binds the Crown in right of each of the States, of the
2
Australian Capital Territory, of the Northern Territory and of
3
Norfolk Island. However, it does not bind the Crown in right of the
4
Commonwealth.
5
5 Extension to external Territories
6
This Act extends to every external Territory.
7
6 Extension to exclusive economic zone and continental shelf
8
This Act extends to Australia's exclusive economic zone and
9
continental shelf.
10
7 Extension to Joint Petroleum Development Area
11
This Act extends to the Joint Petroleum Development Area.
12
8 Imposition of charge
13
(1) If a person surrenders an eligible international emissions unit in
14
relation to:
15
(a) the eligible financial year beginning on 1 July 2015; or
16
(b) the eligible financial year beginning on 1 July 2016; or
17
(c) the eligible financial year beginning on 1 July 2017;
18
charge is imposed on the surrender of the unit.
19
(2) Charge imposed by subsection (1) is payable by the person.
20
(3) The amount of charge imposed by subsection (1) on the surrender
21
of a unit in relation to an eligible financial year is the amount
22
ascertained in accordance with the regulations in relation to the
23
eligible financial year.
24
(4) The amount ascertained in accordance with the regulations must
25
not exceed:
26
(a) in the case of surrender in relation to the eligible financial
27
year beginning on 1 July 2015--$15; or
28
Section 9
4 Clean Energy (International Unit Surrender Charge) Bill 2011 No. , 2011
(b) in the case of surrender in relation to the eligible financial
1
year beginning on 1 July 2016--$16; or
2
(c) in the case of surrender in relation to the eligible financial
3
year beginning on 1 July 2017--$17.05.
4
(5) The regulations may make provision for the ascertainment of
5
different amounts for different types of eligible international
6
emissions units.
7
9 Exemptions
8
The regulations may provide that charge is not imposed by this Act
9
in such circumstances as are ascertained in accordance with the
10
regulations.
11
10 Act does not impose a tax on property of a State
12
(1) This Act has no effect to the extent (if any) to which it imposes a
13
tax on property of any kind belonging to a State.
14
(2) In this section, property of any kind belonging to a State has the
15
same meaning as in section 114 of the Constitution.
16
11 Regulations
17
The Governor-General may make regulations prescribing matters
18
required or permitted by this Act to be prescribed.
19