Clean Energy Legislation (Carbon Tax Repeal) Bill 2014 No., 2014

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1 0-0 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Clean Energy Legislation (Carbon Tax Repeal) Bill 0 No., 0 (Environment) A Bill for an Act to repeal the Clean Energy Act 0, and for other purposes

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3 Contents Short title... Commencement... Schedule(s)... Schedule Repeal of the carbon tax Part Repeal of Acts Clean Energy Act 0 Clean Energy (Charges Customs) Act 0 Clean Energy (Charges Excise) Act 0 Clean Energy (Unit Issue Charge Auctions) Act 0 Clean Energy (Unit Issue Charge Fixed Charge) Act 0 Clean Energy (Unit Shortfall Charge General) Act 0 Part Amendments A New Tax System (Goods and Services Tax) Act Anti-Money Laundering and Counter-Terrorism Financing Act 00 Australian National Registry of Emissions Units Act 0 Australian Securities and Investments Commission Act 00 Clean Energy Regulator Act 0 Corporations Act 00 Fuel Tax Act 00 Fuel Tax (Consequential and Transitional Provisions) Act 00 Income Tax Assessment Act National Greenhouse and Energy Reporting Act 00 0 Ozone Protection and Synthetic Greenhouse Gas Management Act Petroleum Resource Rent Tax Assessment Act Taxation Administration Act Part Application and transitional provisions Division Preliminary Division Provisions relating to the Clean Energy Act 0 and associated charge Acts Division Provisions relating to other Acts No., 0 Clean Energy Legislation (Carbon Tax Repeal) Bill 0 i

4 Division Miscellaneous 0 Division Transitional provisions commencing on Royal Assent Part Jobs and Competitiveness Program Division Preliminary Division Reporting requirements Division Issue of additional free carbon units Division True-up shortfalls Division Collection of levy Division Miscellaneous 0 Schedule Price exploitation in relation to the carbon tax repeal Competition and Consumer Act 00 Schedule Repeal of tax offset for conservation tillage Clean Energy (Consequential Amendments) Act 0 Income Tax Assessment Act Schedule Repeal of the Steel Transformation Plan Act 0 Steel Transformation Plan Act 0 Schedule Australian Renewable Energy Agency s finances Australian Renewable Energy Agency Act 0 ii Clean Energy Legislation (Carbon Tax Repeal) Bill 0 No., 0

5 0 A Bill for an Act to repeal the Clean Energy Act 0, and for other purposes The Parliament of Australia enacts: Short title This Act may be cited as the Clean Energy Legislation (Carbon Tax Repeal) Act 0. Commencement () Each provision of this Act specified in column of the table commences, or is taken to have commenced, in accordance with column of the table. Any other statement in column has effect according to its terms. No., 0 Clean Energy Legislation (Carbon Tax Repeal) Bill 0

6 Commencement information Column Column Column Provision(s) Commencement Date/Details. Sections to and anything in this Act not elsewhere covered by this table. Schedule, Parts and. Schedule, Part, Divisions to. Schedule, Part, Division. Schedule, Part The day this Act receives the Royal Assent. July 0. July 0 July 0. July 0 The day this Act receives the Royal Assent. The day after this Act receives the Royal Assent. However, if this Act receives the Royal Assent before 0 June 0, the provision(s) commence on July 0.. Schedule The later of: (a) the day after this Act receives the Royal Assent; and (b) January 0.. Schedule The day after this Act receives the Royal Assent.. Schedule July 0. July 0. Schedule The day this Act receives the Royal Assent. 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. () Any information in column 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. Clean Energy Legislation (Carbon Tax Repeal) Bill 0 No., 0

7 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. No., 0 Clean Energy Legislation (Carbon Tax Repeal) Bill 0

8 Schedule Repeal of the carbon tax Part Repeal of Acts 0 0 Schedule Repeal of the carbon tax Part Repeal of Acts Clean Energy Act 0 The whole of the Act Repeal the Act. Clean Energy (Charges Customs) Act 0 The whole of the Act Repeal the Act. Clean Energy (Charges Excise) Act 0 The whole of the Act Repeal the Act. Clean Energy (Unit Issue Charge Auctions) Act 0 The whole of the Act Repeal the Act. Clean Energy (Unit Issue Charge Fixed Charge) Act 0 The whole of the Act Repeal the Act. Clean Energy (Unit Shortfall Charge General) Act 0 The whole of the Act Repeal the Act. Clean Energy Legislation (Carbon Tax Repeal) Bill 0 No., 0

9 Repeal of the carbon tax Schedule Amendments Part Part Amendments A New Tax System (Goods and Services Tax) Act Section - Insert: eligible Australian carbon credit unit means: (a) a Kyoto Australian carbon credit unit (within the meaning of the Carbon Credits (Carbon Farming Initiative) Act 0); or (b) a non-kyoto Australian carbon credit unit (within the meaning of that Act) issued in relation to an eligible offsets project (within the meaning of that Act) for a reporting period (within the meaning of that Act), where: (i) if it were assumed that the reporting period had ended before the Kyoto abatement deadline (within the meaning of that Act), a Kyoto Australian carbon credit unit would have been issued in relation to the project for the reporting period instead of the non-kyoto Australian carbon credit unit; and (ii) the non-kyoto Australian carbon credit unit is not of a kind specified in the regulations; or (c) an Australian carbon credit unit (within the meaning of that Act) of a kind specified in the regulations. Subparagraph (b)(ii) and paragraph (c) do not, by implication, limit the application of subsection () of the Legislative Instruments Act 00 to other instruments under this Act. Section - (definition of eligible emissions unit) Repeal the definition, substitute: eligible emissions unit means: (a) an * eligible international emissions unit; or (b) an * eligible Australian carbon credit unit. Section - Insert: No., 0 Clean Energy Legislation (Carbon Tax Repeal) Bill 0

10 Schedule Repeal of the carbon tax Part Amendments 0 eligible international emissions unit has the same meaning as in the Australian National Registry of Emissions Units Act 0. Anti-Money Laundering and Counter-Terrorism Financing Act 00 0 Section (definition of carbon unit) Subsection () (paragraph (baa) of the cell at table item, column headed Provision of a designated service ) Repeal the paragraph. Subsection () (paragraph (d) of the cell at table item, column headed Provision of a designated service ) Omit carbon units,. Australian National Registry of Emissions Units Act 0 Section Omit: Entries may be made in Registry accounts for: 0 (a) (b) (c) (d) carbon units; and Australian carbon credit units; and Kyoto units; and prescribed international units. This Act sets out rules about dealings with: (a) (b) Kyoto units; and prescribed international units. Clean Energy Legislation (Carbon Tax Repeal) Bill 0 No., 0

11 Repeal of the carbon tax Schedule Amendments Part substitute: Entries may be made in Registry accounts for: (a) (b) Australian carbon credit units; and Kyoto units. 0 0 This Act sets out rules about dealings with Kyoto units. Section (definition of Australian-issued international unit) Section (definition of benchmark average auction charge) Section (definition of carbon unit) Section (definition of Commonwealth foreign registry account) Section (paragraph (d) of the definition of eligible international emissions unit) Omit rules; or, substitute rules.. Section (paragraph (e) of the definition of eligible international emissions unit) Repeal the paragraph. 0 Section (definition of European allowance unit) No., 0 Clean Energy Legislation (Carbon Tax Repeal) Bill 0

12 Schedule Repeal of the carbon tax Part Amendments 0 0 Section (definition of European Union Greenhouse Gas Emission Allowance Trading Directive) Section (definition of fixed charge year) Section (definition of foreign account) Repeal the definition, substitute: foreign account, when used in relation to a Kyoto unit, means an account kept within a foreign Kyoto registry. Section (definition of foreign government body) Section (definition of hold) Omit a carbon unit or. Section (definition of Information Database) Section (definition of international arrangement) Section (definition of international organisation) Section (definition of issue) Repeal the definition, substitute: issue, in relation to an Australian carbon credit unit, has the same meaning as in the Carbon Credits (Carbon Farming Initiative) Act 0. 0 Section (definition of prescribed international unit) Clean Energy Legislation (Carbon Tax Repeal) Bill 0 No., 0

13 Repeal of the carbon tax Schedule Amendments Part 0 0 Section (definition of quarter) Section (paragraph (aa) of the definition of registered holder) Repeal the paragraph. Section (paragraph (b) of the definition of registered holder) Omit unit; or, substitute unit.. Section (paragraph (c) of the definition of registered holder) Repeal the paragraph. Section (definition of relinquish) Section (definition of transfer) Repeal the definition, substitute: transfer, in relation to a Kyoto unit, has the meaning given by section. Section (definition of vintage year) Paragraph ()(a) Omit carbon units, Australian carbon credit units and prescribed international units, substitute Australian carbon credit units. Paragraph ()(a) Omit carbon units or. 0 Section A Repeal the section. No., 0 Clean Energy Legislation (Carbon Tax Repeal) Bill 0

14 Schedule Repeal of the carbon tax Part Amendments 0 0 Paragraph ()(aa) Repeal the paragraph. Paragraph ()(c) Omit account; and, substitute account.. Paragraph ()(d) Repeal the paragraph. Subparagraph ()(b)(ii) Omit (), () and (), substitute () and (). Subsection (A) Repeal the subsection (not including the heading). Subsection () Repeal the subsection. Paragraph ()(b) Omit or (). Subsection (A) Repeal the subsection. Subsection () Repeal the subsection. 0 Paragraph (A)(a) Omit or A. Subsection (B) Repeal the subsection. Section Repeal the section. Paragraph (A)(a) Omit or A. 0 Clean Energy Legislation (Carbon Tax Repeal) Bill 0 No., 0

15 Repeal of the carbon tax Schedule Amendments Part 0 0 Subsection (B) Repeal the subsection. Subparagraph ()(a)(ia) Repeal the subparagraph. Subparagraph ()(a)(ii) Omit or. Subparagraph ()(a)(iii) Repeal the subparagraph. Paragraph (B)(b) Omit account; or, substitute account.. Paragraph (B)(c) Repeal the paragraph. 0 Paragraph A()(aa) Repeal the paragraph. Paragraph A()(b) Omit or. Paragraph A()(c) Repeal the paragraph. Paragraph A()(aa) Repeal the paragraph. Paragraph B()(aa) Repeal the paragraph. Paragraph B()(b) Omit or. Paragraph B()(c) Repeal the paragraph. No., 0 Clean Energy Legislation (Carbon Tax Repeal) Bill 0

16 Schedule Repeal of the carbon tax Part Amendments 0 0 Paragraph B()(aa) Repeal the paragraph. Subsection B() (paragraph (c) of the note) Omit Act; and, substitute Act.. Subsection B() (paragraphs (d) and (e) of the note) Repeal the paragraphs. 0 Paragraph C()(aa) Repeal the paragraph. Subparagraph D()(a)(ii) Omit carbon units or. Paragraph D()(b) Repeal the paragraph, substitute: (b) a notice to relinquish Australian carbon credit units under section of the Carbon Credits (Carbon Farming Initiative) Act 0 does not have effect. Paragraph D()(aa) Repeal the paragraph. Part Repeal the Part. Section Omit: The Regulator must publish certain information about: (a) (b) (c) the holders of Registry accounts; and carbon units; and Kyoto units; and Clean Energy Legislation (Carbon Tax Repeal) Bill 0 No., 0

17 Repeal of the carbon tax Schedule Amendments Part (d) prescribed international units. substitute: The Regulator must publish certain information about: (a) (b) Section A Repeal the section. the holders of Registry accounts; and Kyoto units. 0 0 Subsections () to () Repeal the subsections. Section A Repeal the section. Sections to G Repeal the sections. 0 Section Omit: If a person is the registered holder of one or more carbon units, the person may request the Regulator to cancel any or all of those units. However, this rule does not apply to a unit that was issued for a fixed charge and has a vintage year that is a fixed charge year. Section Omit: If a person is the registered holder of one or more prescribed international units, the person may request the Regulator to cancel any or all of those units. No., 0 Clean Energy Legislation (Carbon Tax Repeal) Bill 0

18 Schedule Repeal of the carbon tax Part Amendments 0 0 Section A Repeal the section. Section Repeal the section. Parts A and B Repeal the Parts. Paragraph ()(c) Omit ();, substitute ().. Paragraph ()(d) Repeal the paragraph. Section (table item ) Omit or. Section (table item ) Repeal the item. Section (table items and ) Omit or. 0 Section (table items and ) Repeal the items. Section A Repeal the section. Australian Securities and Investments Commission Act 00 Paragraph BAA()(ka) Repeal the paragraph. Paragraph BAB()(g) Omit a carbon unit,. Clean Energy Legislation (Carbon Tax Repeal) Bill 0 No., 0

19 Repeal of the carbon tax Schedule Amendments Part 0 0 At the end of the Act Add: Part 0 Transitional provisions relating to the Clean Energy Legislation (Carbon Tax Repeal) Act 0 Definition In this Part: designated carbon unit day has the same meaning as in Part of Schedule to the Clean Energy Legislation (Carbon Tax Repeal) Act 0. Transitional carbon units issued before the designated carbon unit day Despite the amendments of this Act made by Schedule to the Clean Energy Legislation (Carbon Tax Repeal) Act 0, this Act continues to apply, in relation to carbon units issued before the designated carbon unit day, as if those amendments had not been made. Clean Energy Regulator Act 0 Section Omit: The Regulator has such functions as are conferred on it by or under: (a) (b) the Clean Energy Act 0; and the Carbon Credits (Carbon Farming Initiative) Act 0; and No., 0 Clean Energy Legislation (Carbon Tax Repeal) Bill 0

20 Schedule Repeal of the carbon tax Part Amendments (c) (d) (e) the National Greenhouse and Energy Reporting Act 00; and the Renewable Energy (Electricity) Act 000; and the Australian National Registry of Emissions Units Act 0. substitute: The Regulator has such functions as are conferred on it by or under: 0 (a) (b) (c) (d) the Carbon Credits (Carbon Farming Initiative) Act 0; and the National Greenhouse and Energy Reporting Act 00; and the Renewable Energy (Electricity) Act 000; and the Australian National Registry of Emissions Units Act 0. 0 Section Insert: Climate Change Convention means the United Nations Framework Convention on Climate Change, done at New York on May, as amended and in force for Australia from time to time. Note: The text of the Convention is set out in Australian Treaty Series No. ([] ATS ). In 0, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website ( Section (paragraphs (b) to (h) of the definition of climate change law) Repeal the paragraphs. Clean Energy Legislation (Carbon Tax Repeal) Bill 0 No., 0

21 Repeal of the carbon tax Schedule Amendments Part Section Insert: greenhouse gas has the same meaning as in the National Greenhouse and Energy Reporting Act 00. Section (definition of international agreement) Repeal the definition, substitute: international agreement means an agreement whose parties are: (a) Australia and a foreign country; or (b) Australia and or more foreign countries. 00 Section (definition of international climate change agreement) Repeal the definition, substitute: international climate change agreement means: (a) the Climate Change Convention; or (b) any other international agreement, signed on behalf of Australia, that: (i) relates to climate change; and (ii) imposes obligations on Australia to take action to reduce greenhouse gas emissions; or (c) an international agreement, signed on behalf of Australia, that: (i) relates to climate change; and (ii) is specified in a legislative instrument made by the Minister for the purposes of this definition. 0 Section (paragraph (a) of the definition of objectives of the Regulator) Repeal the paragraph. 0 Section (definition of prescribed international unit) 0 Paragraph ()(a) Repeal the paragraph. No., 0 Clean Energy Legislation (Carbon Tax Repeal) Bill 0

22 Schedule Repeal of the carbon tax Part Amendments Paragraph ()(z) Repeal the paragraph, substitute: (z) a person or body responsible for the administration of a scheme that involves the issue or registration of prescribed eligible carbon units; Corporations Act 00 0 Section (definition of carbon unit) 0 Paragraph A()(kaa) Repeal the paragraph. 0 At the end Chapter 0 Add: Part 0. Transitional provisions relating to the Clean Energy Legislation (Carbon Tax Repeal) Act 0 Definition In this Part: designated carbon unit day has the same meaning as in Part of Schedule to the Clean Energy Legislation (Carbon Tax Repeal) Act 0. Transitional carbon units issued before the designated carbon unit day Despite the amendments of this Act made by Schedule to the Clean Energy Legislation (Carbon Tax Repeal) Act 0, this Act continues to apply, in relation to carbon units issued before the designated carbon unit day, as if those amendments had not been made. Clean Energy Legislation (Carbon Tax Repeal) Bill 0 No., 0

23 Repeal of the carbon tax Schedule Amendments Part 0 0 Transitional variation of conditions on Australian financial services licences Scope () This section applies if, as at the end of the designated carbon unit day, an Australian financial services licence is subject to a condition that authorises the financial services licensee to provide financial services in relation to financial products that are carbon units. Variation () After that day, subsections A(), () and () do not apply in relation to a variation of the condition, if the only effect of the variation is to remove the authorisation to provide financial services in relation to financial products that are carbon units. Transitional immediate cancellation of Australian financial services licences Section B applies, on and after the designated carbon unit day, as if the following subsection was added at the end of the section: Licence relating to carbon units () ASIC may cancel an Australian financial services licence held by a person, by giving written notice to the person, if the licence only authorises the person to provide financial services that relate to financial products that are carbon units. Transitional statements of reasons for cancellation of Australian financial services licences Section G does not apply to a cancellation under subsection B() (as inserted by section ). Fuel Tax Act 00 0 Section - Omit: No., 0 Clean Energy Legislation (Carbon Tax Repeal) Bill 0

24 Schedule Repeal of the carbon tax Part Amendments This Act provides a single system of fuel tax credits. Fuel tax credits are paid to reduce the incidence of fuel tax levied on taxable fuels, ensuring that, generally, fuel tax is effectively only applied to: (a) fuel used in private vehicles and for certain other private purposes; and (b) fuel used on-road in light vehicles for business purposes. For fuel that is not * covered by the Opt-in Scheme, the fuel tax credit entitlement is (with some exceptions) reduced by an amount equivalent to what the carbon price on the fuel emissions would be (if those emissions were subject to a carbon price). For fuel that is covered by that Scheme, the entitlement is not so reduced. Fuel tax credits are also provided for fuel for use in aircraft if the fuel is covered by the Opt-in Scheme. The amount of the credit is limited to the carbon component rate that was factored into the rate of fuel tax. Fuel tax credits are also provided for gaseous fuel that is subject to the carbon pricing mechanism if the fuel is for use in agriculture, fishing operations or forestry. The amount of the credit is the amount of the carbon charge that is embedded in the price of the fuel. substitute: This Act provides a single system of fuel tax credits. Fuel tax credits are paid to reduce or remove the incidence of fuel tax levied on taxable fuels, ensuring that, generally, fuel tax is effectively only applied to: (a) fuel used in private vehicles and for certain other private purposes; and (b) fuel used on-road in light vehicles for business purposes. 0 Subsection 0-() After reduce, insert or remove. 0 Subsections 0-() and () Repeal the subsections. 0 Clean Energy Legislation (Carbon Tax Repeal) Bill 0 No., 0

25 Repeal of the carbon tax Schedule Amendments Part Section - Omit: However, fuel tax credits are denied under Subdivision -B if: 0 (a) (b) (c) (d) another person is already entitled to a fuel tax credit in respect of the fuel; or the fuel is for use on-road in light vehicles; or the fuel is for use in vehicles that do not meet certain environmental criteria; or the fuel is for use in aircraft, and is not covered by the Opt-in Scheme. substitute: However, fuel tax credits are denied under Subdivision -B if: (a) (b) (c) (d) another person is already entitled to a fuel tax credit in respect of the fuel; or the fuel is for use on-road in light vehicles; or the fuel is for use in vehicles that do not meet certain environmental criteria; or the fuel is for use in aircraft. 0 Paragraph -()(b) Omit vehicle, vessel or aircraft, substitute vehicle (or vessel). Subsection -() Omit this Division, Division or Division A (wherever occurring), substitute this Division or Division. Subparagraph -()(a)(ii) Omit * agricultural property, substitute agricultural property. No., 0 Clean Energy Legislation (Carbon Tax Repeal) Bill 0

26 Schedule Repeal of the carbon tax Part Amendments 0 Section -0 (heading) Repeal the heading, substitute: -0 No fuel tax credit for fuel to be used in an aircraft Subsection -0() Omit (). Subsection -0() Repeal the subsection. Section - Repeal the section. Division A Repeal the Division. 0 Section - Omit: The amount of your credit for taxable fuel is the amount of fuel tax that was payable on the fuel: 0 (a) (b) reduced to take account of certain grants and subsidies that were payable in respect of the fuel (as the grants or subsidies reduced the amount of fuel tax that effectively applied to the fuel); and for fuel that is not covered by the Opt-in Scheme reduced (with some exceptions) to take account of what the carbon price on the fuel emissions would be (if those emissions were subject to a carbon price). For fuel for use in aircraft that is covered by the Opt-in Scheme, the amount of the credit is reduced so that it is limited to the carbon component rate that was factored into the rate of fuel tax. Clean Energy Legislation (Carbon Tax Repeal) Bill 0 No., 0

27 Repeal of the carbon tax Schedule Amendments Part 0 0 For gaseous fuel that is subject to the carbon pricing mechanism, the amount of the credit is the amount of the carbon charge that is embedded in the price of the fuel. substitute: The amount of your credit for taxable fuel is the amount of fuel tax that was payable on the fuel, reduced to take account of certain grants and subsidies that were payable in respect of the fuel (as the grants or subsidies reduced the amount of fuel tax that effectively applied to the fuel). Subsection -() Repeal the subsection, substitute: () The * amount of your tax fuel credit for taxable fuel is the amount of * effective fuel tax that is payable on the fuel. Note: The amount of the credit may be reduced under section -0. Subsections -() and () Repeal the subsections. Section - Repeal the section. Section -0 (heading) Repeal the heading, substitute: -0 Reducing the amount of your fuel tax credit Subsection -0(A) Repeal the subsection. Section - Repeal the section. Subdivision -B Repeal the Subdivision. No., 0 Clean Energy Legislation (Carbon Tax Repeal) Bill 0

28 Schedule Repeal of the carbon tax Part Amendments 0 0 Section 0- (definition of agricultural activity) Section 0- (definition of agricultural construction activity) 0 Section 0- (definition of agricultural property) Section 0- (definition of agricultural soil/water activity) Section 0- (definition of agricultural waste activity) Section 0- (definition of agriculture) Section 0- (definition of approved catchment area) Section 0- (definition of carbon reduction) Section 0- (definition of CNG) Section 0- (definition of core agricultural activity) Section 0- (definition of covered by the Opt-in Scheme) Section 0- (definition of earthworks) Clean Energy Legislation (Carbon Tax Repeal) Bill 0 No., 0

29 Repeal of the carbon tax Schedule Amendments Part Section 0- (definition of fish) Section 0- (definition of fishing operations) Section 0- (definition of forestry) Section 0- (definition of half-year) Section 0- (definition of horticulture) Section 0- (definition of livestock) Section 0- (definition of livestock activity) Section 0- (definition of LNG) Section 0- (definition of pearling operations) Section 0- (definition of port) 0 Section 0- (definition of processing of fish) Section 0- (definition of public authority) Section 0- (definition of renewable diesel) No., 0 Clean Energy Legislation (Carbon Tax Repeal) Bill 0

30 Schedule Repeal of the carbon tax Part Amendments Section 0- (definition of sundry agricultural activity) Section 0- (definition of taxable fuel) Repeal the definition, substitute: taxable fuel means fuel in respect of which duty is payable under: (a) the Excise Act 0 and the Excise Tariff Act ; or (b) the Customs Act 0 and the Customs Tariff Act ; but does not include fuel covered by: (c) item, 0 or of the Schedule to the Excise Tariff Act ; or (d) any imported goods that would be classified to item of the Schedule to the Excise Tariff Act, if the goods had been manufactured in Australia. Note: Item of the Schedule to the Excise Tariff Act deals with certain petroleum based oils and greases. Item 0 of that Schedule deals with certain stabilised crude petroleum oils. Item of that Schedule deals with certain condensate. Fuel Tax (Consequential and Transitional Provisions) Act 00 Subitem (A) of Schedule Repeal the subitem. Income Tax Assessment Act Section - (table item headed clean energy ) Repeal the item. Section - Repeal the section. Section 0- (table item relating to CGT event K, column headed Event number and description ) Omit * carbon unit, an * international emissions unit, substitute * Kyoto unit. Clean Energy Legislation (Carbon Tax Repeal) Bill 0 No., 0

31 Repeal of the carbon tax Schedule Amendments Part 0 0 Subparagraphs 0-0()(a)(i) and (ii) Repeal the subparagraphs. 0 Subparagraph 0-0()(a)(iii) Omit an * international emissions unit, substitute a * Kyoto unit. Subparagraph 0-0()(a)(iv) Omit an * international emissions unit, substitute a Kyoto unit. Section - (table item A, column headed In this situation ) Omit an * international emissions unit, substitute a * Kyoto unit. Subsection -() Repeal the subsection. Paragraph 0-0(a) Repeal the paragraph. Paragraph 0-0(c) Repeal the paragraph. Subsection 0-() (note) Repeal the note. Subsection 0-() Repeal the subsection. Subsection 0-0() Repeal the subsection (not including the note), substitute: () This section does not apply to the issue of an * Australian carbon credit unit under the Carbon Credits (Carbon Farming Initiative) Act 0. Subparagraphs 0-()(a)(i) and (ii) Repeal the subparagraphs. No., 0 Clean Energy Legislation (Carbon Tax Repeal) Bill 0

32 Schedule Repeal of the carbon tax Part Amendments Subparagraph 0-()(a)(iii) Omit an * international emissions unit, substitute a * Kyoto unit. Subparagraph 0-()(a)(iv) Omit an international emissions unit, substitute a Kyoto unit. Subsection 0-() (example) Omit of international emissions unit, substitute of Kyoto unit. Subparagraphs 0-()(a)(i) and (ii) Repeal the subparagraphs. Subparagraph 0-()(a)(iii) Omit an * international emissions unit, substitute a * Kyoto unit. Subparagraph 0-()(a)(iv) Omit an international emissions unit, substitute a Kyoto unit. Subparagraph 0-(b)(i) Repeal the subparagraph. Subparagraph 0-(b)(ii) Omit an * international emissions unit, substitute a * Kyoto unit. Section 0- (example) Omit of international emissions unit, substitute of Kyoto unit. Section 0- Repeal the section. 0 Subsection 0-() Omit (). Subsection 0-() Repeal the subsection. Subparagraph 0-(a)(i) Repeal the subparagraph. Clean Energy Legislation (Carbon Tax Repeal) Bill 0 No., 0

33 Repeal of the carbon tax Schedule Amendments Part 0 0 Paragraph 0-(b) Repeal the paragraph. Subsection 0-() Repeal the subsection. Subsection 0-() Repeal the subsection. Section 0- Repeal the section. Subsections 0-0() and () Repeal the subsections. Subsection 0-0() Omit all the words from and including If a * registered to and including cost of the unit, substitute The cost of a * registered emissions unit (other than an * Australian carbon credit unit). Subsection 0-() Repeal the subsection. 0 Subsection 0-0() Repeal the subsection. Subsection -() (definition of carbon unit) Subsection -() (definition of free carbon unit) Subsection -() (definition of international emissions unit) No., 0 Clean Energy Legislation (Carbon Tax Repeal) Bill 0

34 Schedule Repeal of the carbon tax Part Amendments 0 0 Subsection -() (definition of prescribed international unit) Subsection -() (definition of vintage year) National Greenhouse and Energy Reporting Act 00 Section (heading) Repeal the heading, substitute: Object Subsection () Omit () The first object, substitute The object. Subsection () Repeal the subsection. Subsection () Omit () This Act (except to the extent to which it underpins the Clean Energy Act 0), substitute This Act. 00 Subsection () Repeal the subsection. 0 Subsection () Omit (). 0 Before subparagraph ()(a)(ii) Insert: (i) greenhouse gas emissions; or 0 Subsection () Repeal the subsection. 0 Clean Energy Legislation (Carbon Tax Repeal) Bill 0 No., 0

35 Repeal of the carbon tax Schedule Amendments Part Section (definition of carbon dioxide equivalence) Repeal the definition, substitute: carbon dioxide equivalence, of an amount of greenhouse gas, means the amount of the gas multiplied by a value specified in the regulations in relation to that kind of greenhouse gas. 0 Section Insert: designated financial year means: (a) the financial year beginning on July 0; or (b) a later financial year. 0 Section (definition of designated fuel) 0 Section (definition of eligible financial year) 0 Section (definition of emissions number) 0 Section (definition of financial control liability transfer certificate) 0 Section (definition of fixed charge year) Section (definition of foreign country) Repeal the definition, substitute: foreign country includes a region where: (a) the region is a colony, territory or protectorate of a foreign country; or (b) the region is part of a foreign country; or (c) the region is under the protection of a foreign country; or No., 0 Clean Energy Legislation (Carbon Tax Repeal) Bill 0

36 Schedule Repeal of the carbon tax Part Amendments 0 0 (d) a foreign country exercises jurisdiction or control over the region; or (e) a foreign country is responsible for the region s international relations. Section Insert: foreign corporation means a corporation that: (a) is incorporated outside Australia; or (b) is an authority of a foreign country. Section (definition of foreign person) Section Insert: group entity means a corporation that is a member of a controlling corporation s group. Section (definition of interim emissions number) Section (definition of liable entity) Section (definition of liquefied natural gas) Section (definition of liquefied petroleum gas) A Section (definition of local governing body) Section (definition of natural gas supplier) Clean Energy Legislation (Carbon Tax Repeal) Bill 0 No., 0

37 Repeal of the carbon tax Schedule Amendments Part Section (definition of non-group entity) Section (definition of operational control) Omit A, B or C, substitute A or B. Section (definition of Opt-in Scheme) Section (definition of OTN) Section (definition of person) Section (definition of potential greenhouse gas emissions) Section (definition of provisional emissions number) Section (definition of supply) Section (definition of taxable fuel) Section (definition of trust) 0 Section (definition of trustee) Section (definition of trust estate) No., 0 Clean Energy Legislation (Carbon Tax Repeal) Bill 0

38 Schedule Repeal of the carbon tax Part Amendments 0 0 Section (definition of unit shortfall charge) Subsection A() Omit and the Clean Energy Act 0. Sections B and C Repeal the sections. Subsection () Omit and the Clean Energy Act 0. Subsection () Omit and the Clean Energy Act 0. Paragraph ()(b) Omit or A. Section 0 (heading) Repeal the heading, substitute: 0 Emissions, energy production, energy consumption etc. Subsection 0() Omit or the Clean Energy Act 0. 0 Subsection 0() Omit and the Clean Energy Act 0. Subsections 0() to () Repeal the subsections. Subsection () Omit and the Clean Energy Act 0. Subsection () Omit person (wherever occurring), substitute group entity. Clean Energy Legislation (Carbon Tax Repeal) Bill 0 No., 0

39 Repeal of the carbon tax Schedule Amendments Part 0 0 Paragraph ()(b) Omit or A. Subsection () Omit and the Clean Energy Act 0. Subsection () Omit person, substitute group entity. Subsection () Omit A, B and C, substitute A and B. Section A (heading) Repeal the heading, substitute: A Operational control group entity with greatest authority Subsection A() Omit an eligible financial year, substitute a designated financial year. 0 Paragraph A()(a) Omit persons, substitute group entities. Paragraph A()(b) Omit person, substitute group entity. Paragraph A()(c) Omit or A. Subsection A() Omit person, substitute group entity. Subsection A() Omit and the Clean Energy Act 0. Section B (heading) Repeal the heading, substitute: No., 0 Clean Energy Legislation (Carbon Tax Repeal) Bill 0

40 Schedule Repeal of the carbon tax Part Amendments 0 0 B Operational control nominated group entity Paragraph B()(a) Omit more persons, substitute more group entities. Paragraph B()(a) Omit relevant persons, substitute relevant group entities. Paragraph B()(b) Omit person, substitute group entity. Paragraph B()(c) Omit or A. 0 Paragraph B()(d) Omit an eligible financial year, substitute a designated financial year. Subsection B() Omit persons, substitute group entities. Subsection B() Omit person, substitute group entity. Paragraph B()(a) Omit persons is a foreign person, substitute group entities is a foreign corporation. Paragraph B()(b) Omit persons is not a foreign person, substitute group entities is not a foreign corporation. Subsection B() Omit foreign person cannot, substitute foreign corporation cannot. Paragraph B()(b) Omit persons, substitute group entities. Clean Energy Legislation (Carbon Tax Repeal) Bill 0 No., 0

41 Repeal of the carbon tax Schedule Amendments Part 0 0 Subsection B() Repeal the subsection. Subsection B() Omit eligible financial year (wherever occurring), substitute designated financial year. Subsection B(0) Omit person (wherever occurring), substitute group entity. 0 Paragraph B()(b) Omit and. Paragraph B()(c) Repeal the paragraph. Subsection B() Omit person, substitute group entity. Subsection B() Repeal the subsection. Paragraph B()(b) Omit and. Paragraph B()(c) Repeal the paragraph. Subsection B() Omit persons, substitute group entities. Subsections B() and () Repeal the subsections. Subsection B() Repeal the subsection, substitute: No., 0 Clean Energy Legislation (Carbon Tax Repeal) Bill 0

42 Schedule Repeal of the carbon tax Part Amendments 0 0 Exceptions () A group entity is not required to comply with subsection (0) if the question of who has operational control of the facility is not relevant (whether directly or indirectly) to a requirement under this Act. Subsection B() Omit person, substitute group entity. 0 Subsection B() Omit or A. Section C Repeal the section. Paragraph D()(c) Repeal the paragraph. Paragraphs D()(e) and (f) Repeal the paragraphs, substitute: (e) at any time during the preceding years, the person has breached a civil penalty provision of this Act; or (f) if the person is a body corporate at any time during the preceding years, an executive officer of the body corporate has breached a civil penalty provision of this Act; or Paragraphs D()(i) and (j) Repeal the paragraphs, substitute: (i) the person has been convicted of an offence against this Act; or (j) if the person is a body corporate an executive officer of the body corporate has been convicted of an offence against this Act. Subdivision A of Division of Part (heading) Repeal the heading. Clean Energy Legislation (Carbon Tax Repeal) Bill 0 No., 0

43 Repeal of the carbon tax Schedule Amendments Part 0 0 Subsections () and () Omit member of a controlling corporation s group, substitute group entity. Subsection () Repeal the subsection. Subdivision B of Division of Part Repeal the Subdivision. Division of Part Repeal the Division. 0 Paragraph B()(b) Repeal the paragraph. Subsection () (note ) Repeal the note. Subsection () Repeal the subsection. Paragraphs ()(a) and (b) Omit (other than Part A or D). Paragraphs ()(a) and (b) Omit (other than Part A or D). Parts A and D Repeal the Parts. Paragraph X()(a) Repeal the paragraph, substitute: (a) a facility is under the operational control of a member (the responsible member) of a controlling corporation s group during the whole or a part of a financial year; and No., 0 Clean Energy Legislation (Carbon Tax Repeal) Bill 0

44 Schedule Repeal of the carbon tax Part Amendments 0 0 Subsection (AA) Repeal the subsection. Subsection (AD) Omit E or. Paragraph (AE)(a) Omit E()(b) or. 00 Subsection (H) Omit E or. 0 Subsection (J) Omit or financial control liability transfer certificate. 0 Subsection () Omit E or. 0 Subsection () Omit G, a person required to provide information under section 0, or a person required to provide a report under section A, AA, E or X, substitute G or X, or a person required to provide information under section 0,. 0 Subsection 0(A) Omit C, A, AA, A, AA, E, X, AA, substitute X. 0 Section A Repeal the section. 0 Section A Repeal the section. 0 Paragraphs (aab), (aa), (ga) and (gb) Repeal the paragraphs. 0 Clean Energy Legislation (Carbon Tax Repeal) Bill 0 No., 0

45 Repeal of the carbon tax Schedule Amendments Part Paragraph (j) Omit A;, substitute A. 0 Paragraphs (k) and (l) Repeal the paragraphs. 0 Section AA Repeal the section. Subsection B() Repeal the subsection, substitute: () For the purposes of this section, a person is a relevant person if: (a) the person is the responsible member mentioned in subsection X(); and (b) the person is not a registered corporation; and (c) the Regulator has reasonable grounds to suspect that the person has contravened, is contravening, or is proposing to contravene, this Act or the regulations. Subsection C() Repeal the subsection, substitute: () For the purposes of this section, a person is a relevant person if the person: (a) is the responsible member mentioned in subsection X(); and (b) is not a registered corporation. Ozone Protection and Synthetic Greenhouse Gas Management Act Paragraphs C()(aa), (ab) and (ac) Omit equal to the prescribed rate component of an amount of levy. Subsections C(), () and () Repeal the subsections. No., 0 Clean Energy Legislation (Carbon Tax Repeal) Bill 0

46 Schedule Repeal of the carbon tax Part Amendments 0 Sections AA to AD Repeal the sections. Petroleum Resource Rent Tax Assessment Act Subparagraph ()(b)(iii) Omit expenditure;, substitute expenditure.. Paragraph ()(c) Repeal the paragraph. Paragraph ()(ia) Repeal the paragraph. Taxation Administration Act Subsection -() in Schedule (table item ) Repeal the item. Clean Energy Legislation (Carbon Tax Repeal) Bill 0 No., 0

47 Repeal of the carbon tax Schedule Application and transitional provisions Part Part Application and transitional provisions Division Preliminary 0 Objects () The main objects of this Part are: (a) to provide for the winding-up of the carbon tax scheme; and (b) to ensure that carbon tax liabilities relating to: (i) the financial year beginning on July 0; or (ii) the financial year beginning on July 0; can be administered, collected and recovered after the start of July 0; and (c) to ensure that liable entities can take steps, after the start of July 0, to avoid being liable to pay unit shortfall charge in relation to the financial year beginning on July 0; and (d) to ensure that, after the start of July 0, the Regulator can issue carbon units that are required for the financial year beginning on July 0; and (e) to continue, after the start of July 0, the carbon tax related rights and obligations of liable entities, so far as those rights and obligations relate to: (i) the financial year beginning on July 0; or (ii) the financial year beginning on July 0. () The other objects of this Part are: (a) to ensure the validity of any carbon units issued as the result of an auction conducted before July 0; and (b) to cancel any carbon units that are not required for the financial year beginning on July 0; and (c) to ensure that, while carbon units remain in existence, the units remain subject to other Commonwealth laws. Definitions In this Part: designated carbon unit day has the meaning given by item. Registry has the same meaning as in the Australian National Registry of Emissions Units Act 0. No., 0 Clean Energy Legislation (Carbon Tax Repeal) Bill 0

48 Schedule Repeal of the carbon tax Part Application and transitional provisions 0 Registry account has the same meaning as in the Australian National Registry of Emissions Units Act 0. Regulator means the Clean Energy Regulator. Designated carbon unit day () For the purposes of this Part, designated carbon unit day means: (a) February 0; or (b) if a later day is specified in an instrument under subitem () that later day. () The Regulator may, by legislative instrument, specify a day for the purposes of paragraph ()(b). () The Regulator must not make an instrument under subitem () unless the Regulator has made a determination under subsection () of the Clean Energy Act 0 that relates to February 0. Note: Subsection () of the Clean Energy Act 0 enables the Regulator to extend the February 0 surrender deadline. See also item A (deadlines of February and June). Clean Energy Legislation (Carbon Tax Repeal) Bill 0 No., 0

49 Repeal of the carbon tax Schedule Application and transitional provisions Part 0 Division Provisions relating to the Clean Energy Act 0 and associated charge Acts Winding-up of the carbon tax scheme recovery of liabilities attributable to pre- July 0 emissions etc. () Despite the repeal of the Clean Energy Act 0 by this Schedule, that Act continues in force, subject to: (a) this Part; and (b) the modifications set out in the following table; as if that repeal had not happened. Modifications of the Clean Energy Act 0 Item Provision Modification section Omit the section. section (definitions of average carbon unit auction price, benchmark average auction charge, carbon pollution cap, carbon pollution cap number, designated limit, and designated limit percentage) section (definition of eligible financial year) section (definition of fixed charge year) section (definitions of flexible charge year and per-tonne carbon price Omit the definitions. Omit the definition, substitute: eligible financial year means: (a) the financial year beginning on July 0; or (b) the financial year beginning on July 0. Omit the definition, substitute: fixed charge year means: (a) the financial year beginning on July 0; or (b) the financial year beginning on July 0. Omit the definitions. No., 0 Clean Energy Legislation (Carbon Tax Repeal) Bill 0

50 Schedule Repeal of the carbon tax Part Application and transitional provisions Modifications of the Clean Energy Act 0 Item Provision Modification equivalent) section (definition of unit shortfall) section (definition of vintage year) Omit, or, substitute or. Omit eligible. Part Omit the Part. subsections (), () and () 0 Subdivision A of Division of Part sections and Omit the sections. Omit all the words after is taken to be, substitute zero. The Regulator must not issue an OTN under the Subdivision on or after July 0. section A The section ceases to have effect at the end of 0 June 0. subsection () The subsection ceases to have effect at the end of 0 June 0. subsections () to () The subsections cease to have effect at the start of September 0. subsection () The subsection has effect, on and after September 0, as if the words (as it stood at a particular time before the start of September 0) were inserted after OTN Register. section The section ceases to have effect at the start of August 0. section B Omit the section. paragraph F()(b) Omit the paragraph. subsection () The subsection ceases to have effect at the start of August 0. 0 section 0 The Regulator must not make a declaration under the section on or after July 0. section A Omit the section. section The Regulator must not give a notice under the section on or after July 0. section The Regulator must not issue a certificate under the section on or after July 0. Clean Energy Legislation (Carbon Tax Repeal) Bill 0 No., 0

51 Repeal of the carbon tax Schedule Application and transitional provisions Part Modifications of the Clean Energy Act 0 Item Provision Modification section The Regulator must not issue a certificate under the section on or after July 0. sections and 0 Omit the sections. section Omit the section. subsection () Omit eligible. section (note) Omit the note. 0 subsection 00() (table items,,, and ) Omit the table items. subsection 00() Omit the subsection. subsection 00() (heading) Omit, and, substitute and. subsection 00() Omit, or, substitute or. subsection 00() (heading) Omit,,,, and, substitute and. subsection 00() Omit,,,, or, substitute or. subsections 00(), () and () Omit the subsections. sections 0 and 0 Omit the sections. sections 0 and 0 Omit the sections. section Omit the section. 0 Division of Part Omit the Division. subsection () Omit during an eligible financial year. subsections (), (), (), () and () Omit the subsections. sections and A Omit the sections. paragraph ()(d) Before this Division, insert if the eligible financial year began on July 0. Subdivision B of Division of Part Omit the Subdivision. subsection () Omit the subsection. subsection A() (paragraph (b) of the definition of applicable amount for the financial Omit the paragraph. No., 0 Clean Energy Legislation (Carbon Tax Repeal) Bill 0

52 Schedule Repeal of the carbon tax Part Application and transitional provisions Modifications of the Clean Energy Act 0 Item Provision Modification year) paragraphs ()(c), (e) and (f) Omit the paragraphs. A section Omit the section. paragraph ()(b) Omit the paragraph. 0 paragraph ()(c) Omit the paragraph, substitute: (c) the principle that changes should not have a negative effect on recipients of assistance under the Jobs and Competitiveness Program; Division of Part Omit the Division. section 0 Omit the section. paragraphs ()(b) and (c) Omit the paragraphs. subsection () Omit the subsection. subsection () Omit or (). subsection () Omit a later, substitute an. subsections (), (), () and () Omit or (). Part The Part ceases to have effect at the end of 0 June 0. Division of Part Omit the Division. 0 sections and A Omit the sections. subsections () to () Omit the subsections. section After each quarter, insert that ends on or before March 0. section 00 Omit the section. subsection () (subparagraph (d)(ii) of the definition of prescribed amount for the financial year in which the compliance deadline occurs) Omit the subparagraph. subsection () Omit the subparagraph. Clean Energy Legislation (Carbon Tax Repeal) Bill 0 No., 0

53 Repeal of the carbon tax Schedule Application and transitional provisions Part Modifications of the Clean Energy Act 0 Item Provision Modification (subparagraph (d)(ii) of the definition of prescribed amount for the financial year in which the compliance deadline occurs) Part Omit the Part. paragraphs ()(ma), (r), (u) and (v) and ()(g), (i) and (j) section (table items,,,,,,, and ) Omit the paragraphs. Omit the table items. Part Omit the Part. 0 subparagraph (d)(iii) Omit the subparagraph. subparagraph (e)(ii) Omit the subparagraph. subparagraph (i)(iii) Omit the subparagraph. sections 0A and 0B Omit the sections. 0 Carbon units with a vintage year beginning on or after July 0 () The modification made by item of the table in subitem () does not apply in relation to the issue of a carbon unit with a vintage year beginning on or after July 0, if the carbon unit was issued as a result of an auction conducted before July 0. Review of decisions () The modification of section of the Clean Energy Act 0 made by the table in subitem () does not apply to a decision made before July 0. Civil penalty orders () The modification of section of the Clean Energy Act 0 made by the table in subitem () does not apply to a contravention that occurred before July 0. No., 0 Clean Energy Legislation (Carbon Tax Repeal) Bill 0

54 Schedule Repeal of the carbon tax Part Application and transitional provisions Application repeal of Charge Acts Charge for issue of carbon units for a fixed charge () The repeal by this Schedule of the following Acts, so far as they relate to the issue of carbon units in accordance with section 00 of the Clean Energy Act 0: (a) the Clean Energy (Charges Customs) Act 0; (b) the Clean Energy (Charges Excise) Act 0; (c) the Clean Energy (Unit Issue Charge Fixed Charge) Act 0; does not apply to the issue of carbon units with a vintage year beginning on July 0 or July 0. Charge for issue of carbon units as a result of an auction () The repeal by this Schedule of the following Acts, so far as they relate to the issue of carbon units as a result of an auction: (a) the Clean Energy (Charges Customs) Act 0; (b) the Clean Energy (Charges Excise) Act 0; (c) the Clean Energy (Unit Issue Charge Auctions) Act 0; does not apply to the issue of carbon units if the carbon units were issued as a result of an auction conducted before July 0. Charge on unit shortfall () The repeal by this Schedule of the following Acts, so far as they relate to a unit shortfall for a financial year: (a) the Clean Energy (Charges Customs) Act 0; (b) the Clean Energy (Charges Excise) Act 0; (c) the Clean Energy (Unit Shortfall Charge General) Act 0; does not apply to: (d) a unit shortfall for the financial year beginning on July 0; or (e) a unit shortfall for the financial year beginning on July 0. 0 Clean Energy Legislation (Carbon Tax Repeal) Bill 0 No., 0

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