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CLEAN ENERGY ACT 2011 (NO. 131, 2011) - SECT 92A Opt-in Scheme

CLEAN ENERGY ACT 2011 (NO. 131, 2011) - SECT 92A

Opt-in Scheme

             (1)  The regulations may formulate a scheme (to be known as the Opt-in Scheme ) that:

                     (a)  provides that, if:

                              (i)  during an eligible financial year, a person acquires, manufactures or imports an amount of taxable fuel of a kind specified in the scheme; and

                             (ii)  an entity is entitled to a fuel tax credit in respect of that acquisition, manufacture or import, as the case may be; and

                            (iii)  under the scheme, a person is, as the result of an application made by the person, taken to be a designated opt-in person in respect of an amount of fuel (the opt-in amount ), being some or all of the amount mentioned in subparagraph (i); and

                            (iv)  the designated opt-in person passes the eligibility test set out in subsection (4) in respect of that acquisition, manufacture or import, as the case may be; and

                             (v)  the conditions (if any) set out in the scheme are satisfied; and

                            (vi)  the potential greenhouse gas emissions embodied in the opt-in amount have a carbon dioxide equivalence of a particular number of tonnes;

                            then, for the purposes of the scheme, that number is a preliminary emissions number of the designated opt-in person for the eligible financial year; and

                     (b)  provides that if, under the scheme, a designated opt-in person has one or more preliminary emissions numbers for an eligible financial year, then, for the purposes of this Act:

                              (i)  the sum of those preliminary emissions numbers is a provisional emissions number of the designated opt-in person for the eligible financial year; and

                             (ii)  the designated opt-in person is a liable entity for the eligible financial year.

             (2)  It is immaterial whether the entity mentioned in subparagraph (1)(a)(ii) is the person mentioned in subparagraph (1)(a)(i).

             (3)  It is immaterial whether the person mentioned in subparagraph (1)(a)(iii) is:

                     (a)  the person mentioned in subparagraph (1)(a)(i); or

                     (b)  the entity mentioned in subparagraph (1)(a)(ii).

             (4)  For the purposes of this section, a designated opt-in person passes the eligibility test in respect of an acquisition, manufacture or import of taxable fuel if:

                     (a)  in a case where the entity that was entitled to a fuel tax credit in respect of that acquisition, manufacture or import, as the case may be, consists of the members of a GST group mentioned in the table in section 70-5 of the Fuel Tax Act 2006 --the designated opt-in person is a member of the group; or

                     (b)  in a case where the entity that was entitled to a fuel tax credit in respect of that acquisition, manufacture or import, as the case may be, consists of the participants in a GST joint venture mentioned in the table in section 70-5 of the Fuel Tax Act 2006 --the designated opt-in person is a participant in the GST joint venture; or

                     (c)  in any other case--the designated opt-in person is the entity that was entitled to a fuel tax credit in respect of that acquisition, manufacture or import, as the case may be.

          (4A)  For the purposes of this section, in determining whether an entity is entitled to a fuel tax credit in respect of the acquisition, manufacture or import of an amount of taxable fuel, disregard section 41-30 of the Fuel Tax Act 2006 .

             (5)  Regulations made for the purposes of subparagraph (1)(a)(iii) may empower the Regulator to declare that a specified person is taken to be a designated opt-in person in respect of an amount of fuel.

             (6)  The Minister must take all reasonable steps to ensure that regulations are made for the purposes of subsection (1) before 15 December 2012.

             (7)  For the purposes of this section, eligible financial year does not include a financial year that begins before 1 July 2013.

             (8)  For the purposes of this section, entity has the same meaning as in the Fuel Tax Act 2006 .

             (9)  For the purposes of this section, participant has the same meaning as in the Fuel Tax Act 2006 .