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This is a Bill, not an Act. For current law, see the Acts databases.
CARBON POLLUTION REDUCTION SCHEME (CPRS FUEL CREDITS) (CONSEQUENTIAL AMENDMENTS) 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
(CPRS Fuel Credits) (Consequential
Amendments) Bill 2010
No. , 2010
(Treasury)
A Bill for an Act to deal with consequential matters
arising from the enactment of the Carbon Pollution
Reduction Scheme (CPRS Fuel Credits) Act 2010,
and for other purposes
i Carbon Pollution Reduction Scheme (CPRS Fuel Credits) (Consequential Amendments) Bill
2010 No. , 2010
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments
3
Fuel Tax Act 2006
3
Income Tax Assessment Act 1997
5
Taxation Administration Act 1953
6
Carbon Pollution Reduction Scheme (CPRS Fuel Credits) (Consequential Amendments) Bill 2010
No. , 2010 1
A Bill for an Act to deal with consequential matters
1
arising from the enactment of the Carbon Pollution
2
Reduction Scheme (CPRS Fuel Credits) Act 2010,
3
and for other purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act may be cited as the Carbon Pollution Reduction Scheme
7
(CPRS Fuel Credits) (Consequential Amendments) 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
column 2 of the table. Any other statement in column 2 has effect
12
according to its terms.
13
2 Carbon Pollution Reduction Scheme (CPRS Fuel Credits) (Consequential Amendments)
Bill 2010 No. , 2010
1
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
At the same time as section 2-1 of the
Carbon Pollution Reduction Scheme (CPRS
Fuel Credits) Act 2010 commences.
Note:
This table relates only to the provisions of this Act as originally
2
passed by both Houses of the Parliament and assented to. It will not be
3
expanded to deal with provisions inserted in this Act after assent.
4
(2) Column 3 of the table contains additional information that is not
5
part of this Act. Information in this column may be added to or
6
edited in any published version of this Act.
7
3 Schedule(s)
8
Each Act that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
13
Amendments Schedule 1
Carbon Pollution Reduction Scheme (CPRS Fuel Credits) (Consequential Amendments) Bill 2010
No. , 2010 3
Schedule 1--Amendments
1
2
Fuel Tax Act 2006
3
1 At the end of section 2-1
4
Add:
5
This Act also deals with certain aspects of CPRS fuel credits.
6
2 Subsection 43-5(3)
7
After "following grants", insert "and subsidies".
8
3 At the end of subsection 43-5(3)
9
Add:
10
; or (e) a
*
CPRS fuel credit.
11
4 Subsection 60-5(1) (formula)
12
Repeal the formula, substitute:
13
Sum of
Sum of total
Sum of total
total fuel
increasing fuel tax
decreasing fuel tax
Total
tax credits
adjustments and
fuel tax
and total
total increasing
CPRS fuel
CPRS fuel credit
credits
adjustments
-
+
- adjustments and
total decreasing
CPRS fuel credit
adjustments
14
5 Subsection 60-5(1)
15
Insert:
16
total CPRS fuel credits is the sum of all
*
CPRS fuel credits to
17
which you are entitled that are attributable to the period.
18
Note:
Division 10 of the Carbon Pollution Reduction Scheme (CPRS Fuel
19
Credits) Act 2010 sets out which tax periods or fuel tax return periods
20
CPRS fuel credit adjustments are attributable to.
21
6 Subsection 60-5(1)
22
Insert:
23
total decreasing CPRS fuel credit adjustments is the sum of all
24
*
decreasing CPRS fuel credit adjustments that are attributable to
25
the period.
26
Schedule 1 Amendments
4 Carbon Pollution Reduction Scheme (CPRS Fuel Credits) (Consequential Amendments)
Bill 2010 No. , 2010
Note:
Division 10 of the Carbon Pollution Reduction Scheme (CPRS Fuel
1
Credits) Act 2010 sets out which tax periods or fuel tax return periods
2
CPRS fuel credit adjustments are attributable to.
3
7 Subsection 60-5(1)
4
Insert:
5
total increasing CPRS fuel credit adjustments is the sum of all
6
*
increasing CPRS fuel credit adjustments that are attributable to the
7
period.
8
Note:
Division 10 of the Carbon Pollution Reduction Scheme (CPRS Fuel
9
Credits) Act 2010 sets out which tax periods or fuel tax return periods
10
CPRS fuel credit adjustments are attributable to.
11
8 Section 70-1
12
Omit "This Act", substitute "The fuel tax law".
13
9 Paragraphs 75-10(2)(a) and (b)
14
After "this Act", insert "or the Carbon Pollution Reduction Scheme
15
(CPRS Fuel Credits) Act 2010".
16
10 At the end of paragraph 75-15(1)(c)
17
Add:
18
(vi)
the
Carbon Pollution Reduction Scheme (CPRS Fuel
19
Credits) Act 2010;
20
11 Paragraph 75-15(1)(f)
21
After "this Act", insert "or the Carbon Pollution Reduction Scheme
22
(CPRS Fuel Credits) Act 2010".
23
12 At the end of section 75-50
24
Omit all the words from and including "despite" to the end of the
25
section, substitute:
26
despite:
27
(a) the provisions of this Act outside that Division; and
28
(b) this Division; and
29
(c)
the
Carbon Pollution Reduction Scheme (CPRS Fuel Credits)
30
Act 2010.
31
12A At the end of section 95-10
32
Amendments Schedule 1
Carbon Pollution Reduction Scheme (CPRS Fuel Credits) (Consequential Amendments) Bill 2010
No. , 2010 5
Add:
1
(6)
The
*
Finance Minister must ensure that a copy of a direction under
2
subsection (2) is available on the website of the Department
3
administered by the Finance Minister.
4
13 Section 110-5
5
Insert:
6
CPRS fuel credit has the same meaning as in the Carbon Pollution
7
Reduction Scheme (CPRS Fuel Credits) Act 2010.
8
14 Section 110-5
9
Insert:
10
decreasing CPRS fuel credit adjustment has the same meaning as
11
in the Carbon Pollution Reduction Scheme (CPRS Fuel Credits)
12
Act 2010.
13
15 Section 110-5 (after paragraph (b) of the definition of fuel
14
tax law)
15
Insert:
16
(ba)
the
Carbon Pollution Reduction Scheme (CPRS Fuel Credits)
17
Act 2010; and
18
16 Section 110-5 (paragraph (c) of the definition of fuel tax
19
law)
20
Omit "and (b)", substitute "to (ba)".
21
17 Section 110-5
22
Insert:
23
increasing CPRS fuel credit adjustment has the same meaning as
24
in the Carbon Pollution Reduction Scheme (CPRS Fuel Credits)
25
Act 2010.
26
Income Tax Assessment Act 1997
27
18 Subsection 995-1(1)
28
Insert:
29
Schedule 1 Amendments
6 Carbon Pollution Reduction Scheme (CPRS Fuel Credits) (Consequential Amendments)
Bill 2010 No. , 2010
CPRS fuel credit has the same meaning as in the Carbon Pollution
1
Reduction Scheme (CPRS Fuel Credits) Act 2010.
2
Taxation Administration Act 1953
3
19 Paragraph 105-55(2)(b) in the Schedule
4
Omit "or
*
fuel tax credit", substitute ",
*
fuel tax credit or
*
CPRS fuel
5
credit".
6
20 Subsection 105-55(3) in the Schedule
7
Omit "or
*
fuel tax credit", substitute ",
*
fuel tax credit or
*
CPRS fuel
8
credit".
9
21 Paragraph 105-55(3)(c) in the Schedule
10
Omit "fuel tax credit", substitute "fuel tax credit or CPRS fuel credit".
11
22 At the end of subsection 105-55(4) in the Schedule
12
Add:
13
; or (c) a
*
CPRS fuel credit for fuel that you acquire, manufacture,
14
import, supply, or apply to your own use.
15
23 After subsection 105-55(4) in the Schedule
16
Insert:
17
(4A) For the purposes of paragraph (4)(c), fuel and supply have the
18
same respective meanings as in the Carbon Pollution Reduction
19
Scheme (CPRS Fuel Credits) Act 2010.
20
24 Subsection 105-55(5) in the Schedule
21
After "
*
fuel tax credit", insert "or
*
CPRS fuel credit".
22
25 After paragraph 382-5(2)(h) in the Schedule
23
Insert:
24
(ha) if you are entitled to a
*
CPRS fuel credit for fuel that you
25
acquire, manufacture, import, supply, or apply to your own
26
use--the acquisition, manufacture, importation, supply, or
27
application to own use; or
28
26 At the end of paragraph 382-5(3)(b) in the Schedule
29
Amendments Schedule 1
Carbon Pollution Reduction Scheme (CPRS Fuel Credits) (Consequential Amendments) Bill 2010
No. , 2010 7
Add "or".
1
27 After paragraph 382-5(3)(b) in the Schedule
2
Insert:
3
(ba)
a
*
CPRS fuel credit that is attributable to a tax period or fuel
4
tax return period under subsection 10-5(5) of the Carbon
5
Pollution Reduction Scheme (CPRS Fuel Credits) Act 2010;
6
28 Paragraph 382-5(3)(c) in the Schedule
7
Omit "or importation", substitute ", manufacture, importation, supply,
8
or application to own use".
9
29 After subsection 382-5(3) in the Schedule
10
Insert:
11
(3A) For the purposes of paragraphs (2)(h) and (3)(c), fuel and supply
12
have the same respective meanings as in the Carbon Pollution
13
Reduction Scheme (CPRS Fuel Credits) Act 2010.
14