Commonwealth Consolidated Acts Commonwealth Consolidated Acts
1 Section 4
After:
• If a natural gas supplier supplies natural gas, and does not surrender one eligible emissions unit for each tonne of carbon dioxide equivalence of the potential greenhouse gas emissions embodied in the natural gas, the supplier is liable to pay unit shortfall charge.
insert:
• If a person imports or produces liquefied petroleum gas or liquefied natural gas for non - transport use, and does not surrender one eligible emissions unit for each tonne of carbon dioxide equivalence of the potential greenhouse gas emissions embodied in the liquefied petroleum gas or liquefied natural gas, the person is liable to pay unit shortfall charge.
2 Section 5 (at the end of the definition of designated fuel )
Add:
; or (c) liquefied natural gas; or
(d) liquefied petroleum gas .
3 Section 5
Insert:
"gaseous fuel supplier" means a person who supplies:
(a) liquefied natural gas; or
(b) liquefied petroleum gas ; or
(c) natural gas.
4 Section 5
Insert:
"non-transport combustion" means combustion that does not occur in:
(a) an internal combustion engine in a motor vehicle; or
(b) an internal combustion engine in a vessel.
5 Section 5 (definition of taxable fuel )
After " Fuel Tax Act 2006 " , insert " (for this purpose, disregard paragraph ( b) of the definition of taxable fuel in section 110 - 5 of that Act) " .
6 Section 19
Omit:
• If a natural gas supplier supplies an amount of natural gas to another person (the recipient ) who quotes the recipient ' s Obligation Transfer Number ( OTN ) in relation to the supply, the supply will not count towards the supplier ' s liability for the financial year.
• If a person (the OTN holder ) quotes the OTN holder ' s OTN in relation to the supply of an amount of natural gas, the OTN holder may be a liable entity.
substitute:
• If a person imports or produces liquefied petroleum gas or liquefied natural gas, during a financial year, for non - transport use:
(a) the person is a liable entity for the financial year; and
(b) the number of tonnes of carbon dioxide equivalence of the potential greenhouse gas emissions embodied in the liquefied petroleum gas or liquefied natural gas is a provisional emissions number of the person for the financial year.
• If a person supplies an amount of natural gas, liquefied petroleum gas or liquefied natural gas to another person (the recipient ) who quotes the recipient ' s Obligation Transfer Number ( OTN ) in relation to the supply, the supply will not count towards the supplier ' s liability for the financial year.
• If a person (the OTN holder ) quotes the OTN holder ' s OTN in relation to the supply of an amount of natural gas, liquefied petroleum gas or liquefied natural gas, the OTN holder may be a liable entity.
7 At the end of section 20
Add:
Gaseous fuel--no double counting
(1 2 ) If:
(a) the facility was under the operational control of the person throughout the eligible financial year; and
(b) during the eligible financial year, an amount of covered emissions from the operation of the facility was attributable to the non - transport combustion of liquefied petroleum gas or liquefied natural gas that was supplied by a gaseous fuel supplier to a person (the recipient ) (who may be the person mentioned in paragraph ( a)); and
(c) the recipient did not quote the recipient ' s OTN in relation to the supply of the liquefied petroleum gas or liquefied natural gas; and
(d) the gaseous fuel supplier has, under section 36B or 36C , a preliminary emissions number for an eligible financial year; and
(e) the preliminary emissions number is wholly or partly attributable to the import, manufacture or production of the liquefied petroleum gas or liquefied natural gas;
the amount mentioned in paragraph ( b):
(f) does not count for the purposes of subsection ( 1); and
(g) counts for the purposes of paragraph ( 4)(b).
(13 ) If:
(a) the facility was under the operational control of the person for a number of, but not all, days in the eligible financial year (the control days ); and
(b) during the control days, an amount of covered emissions from the operation of the facility was attributable to the non - transport combustion of liquefied petroleum gas or liquefied natural gas that was supplied by a gaseous fuel supplier to a person (the recipient ) (who may be the person mentioned in paragraph ( a)); and
(c) the recipient did not quote the recipient ' s OTN in relation to the supply of the liquefied petroleum gas or liquefied natural gas; and
(d) the gaseous fuel supplier has, under section 36B or 36C , a preliminary emissions number for an eligible financial year; and
(e) the preliminary emissions number is wholly or partly attributable to the import, manufacture or production of the liquefied petroleum gas or liquefied natural gas;
the amount mentioned in paragraph ( b):
(f) does not count for the purposes of subsection ( 1); and
(g) counts for the purposes of paragraph ( 5)(b).
8 After subsection 21(8 B )
Insert:
Gaseous fuel--no double counting
(8C ) If:
(a) a designated joint venture had the facility throughout the eligible financial year; and
(b) during the eligible financial year, an amount of covered emissions from the operation of the facility was attributable to the non - transport combustion of liquefied petroleum gas or liquefied natural gas that was supplied by a gaseous fuel supplier to a person (the recipient ) (who may be a participant in the designated joint venture); and
(c) the recipient did not quote the recipient ' s OTN in relation to the supply of the liquefied petroleum gas or liquefied natural gas; and
(d) the gaseous fuel supplier has, under section 36B or 36C , a preliminary emissions number for an eligible financial year; and
(e) the preliminary emissions number is wholly or partly attributable to the import, manufacture or production of the liquefied petroleum gas or liquefied natural gas;
the amount mentioned in paragraph ( b):
(f) does not count for the purposes of subsection ( 1); and
(g) counts for the purposes of paragraph ( 4)(b).
(8D ) If:
(a) the designated joint venture had the facility for a number of, but not all, days in the eligible financial year (the control days ); and
(b) during the control days, an amount of covered emissions from the operation of the facility was attributable to the non - transport combustion of liquefied petroleum gas or liquefied natural gas that was supplied by a gaseous fuel supplier to a person (the recipient ) (who may be a participant in the designated joint venture); and
(c) the recipient did not quote the recipient ' s OTN in relation to the supply of the liquefied petroleum gas or liquefied natural gas; and
(d) the gaseous fuel supplier has, under section 36B or 36C, a preliminary emissions number for an eligible financial year; and
(e) the preliminary emissions number is wholly or partly attributable to the import, manufacture or production of the liquefied petroleum gas or liquefied natural gas;
the amount mentioned in paragraph ( b):
(f) does not count for the purposes of subsection ( 1); and
(g) counts for the purposes of paragraph ( 5)(b).
9 At the end of section 22
Add:
Gaseous fuel--no double counting
(10 ) If:
(a) the person was the holder of the liability transfer certificate throughout the eligible financial year; and
(b) during the eligible financial year, an amount of covered emissions from the operation of the facility was attributable to the non - transport combustion of liquefied petroleum gas or liquefied natural gas that was supplied by a gaseous fuel supplier to a person (the recipient ) (who may be the holder); and
(c) the recipient did not quote the recipient ' s OTN in relation to the supply of the liquefied petroleum gas or liquefied natural gas; and
(d) the gaseous fuel supplier has, under section 36B or 36C, a preliminary emissions number for an eligible financial year; and
(e) the preliminary emissions number is wholly or partly attributable to the import, manufacture or production of the liquefied petroleum gas or liquefied natural gas;
the amount mentioned in paragraph ( b):
(f) does not count for the purposes of subsection ( 1); and
(g) counts for the purposes of paragraph ( 4)(b).
(11 ) If:
(a) the person was the holder of the liability transfer certificate for a number of, but not all, days in the eligible financial year (the certificate days ); and
(b) during the certificate days, an amount of covered emissions from the operation of the facility was attributable to the non - transport combustion of liquefied petroleum gas or liquefied natural gas that was supplied by a gaseous fuel supplier to a person (the recipient ) (who may be the holder); and
(c) the recipient did not quote the recipient ' s OTN in relation to the supply of the liquefied petroleum gas or liquefied natural gas; and
(d) the gaseous fuel supplier has, under section 36B or 36C, a preliminary emissions number for an eligible financial year; and
(e) the preliminary emissions number is wholly or partly attributable to the import, manufacture or production of the liquefied petroleum gas or liquefied natural gas;
the amount mentioned in paragraph ( b):
(f) does not count for the purposes of subsection ( 1); and
(g) counts for the purposes of paragraph ( 5)(b).
10 After subsection 23(9 B )
Insert:
Gaseous fuel--no double counting
(9C ) If:
(a) the landfill facility was under the operational control of the person throughout the eligible financial year; and
(b) during the eligible financial year, an amount of covered emissions from the operation of the landfill facility was attributable to the non - transport combustion of liquefied petroleum gas or liquefied natural gas that was supplied by a gaseous fuel supplier to a person (the recipient ) (who may be the person mentioned in paragraph ( a)); and
(c) the recipient did not quote the recipient ' s OTN in relation to the supply of the liquefied petroleum gas or liquefied natural gas; and
(d) the gaseous fuel supplier has, under section 36B or 36C , a preliminary emissions number for an eligible financial year; and
(e) the preliminary emissions number is wholly or partly attributable to the import, manufacture or production of the liquefied petroleum gas or liquefied natural gas;
the amount mentioned in paragraph ( b):
(f) does not count for the purposes of subsection ( 1); and
(g) counts for the purposes of paragraph ( 4)(b).
(9D ) If:
(a) the landfill facility was under the operational control of the person for a number of, but not all, days in the eligible financial year (the control days ); and
(b) during the control days, an amount of covered emissions from the operation of the landfill facility was attributable to the non - transport combustion of liquefied petroleum gas or liquefied natural gas that was supplied by a gaseous fuel supplier to a person (the recipient ) (who may be the person mentioned in paragraph ( a)); and
(c) the recipient did not quote the recipient ' s OTN in relation to the supply of the liquefied petroleum gas or liquefied natural gas; and
(d) the gaseous fuel supplier has, under section 36B or 36C , a preliminary emissions number for an eligible financial year; and
(e) the preliminary emissions number is wholly or partly attributable to the import, manufacture or production of the liquefied petroleum gas or liquefied natural gas;
the amount mentioned in paragraph ( b):
(f) does not count for the purposes of subsection ( 1); and
(g) counts for the purposes of paragraph ( 5)(b).
11 After subsection 24(8 B )
Insert:
Gaseous fuel--no double counting
(8C ) If:
(a) the designated joint venture had the landfill facility throughout the eligible financial year; and
(b) during the eligible financial year, an amount of covered emissions from the operation of the landfill facility was attributable to the non - transport combustion of liquefied petroleum gas or liquefied natural gas that was supplied by a gaseous fuel supplier to a person (the recipient ) (who may be a participant in the designated joint venture); and
(c) the recipient did not quote the recipient ' s OTN in relation to the supply of the liquefied petroleum gas or liquefied natural gas; and
(d) the gaseous fuel supplier has, under section 36B or 36C , a preliminary emissions number for an eligible financial year; and
(e) the preliminary emissions number is wholly or partly attributable to the import, manufacture or production of the liquefied petroleum gas or liquefied natural gas;
the amount mentioned in paragraph ( b):
(f) does not count for the purposes of subsection ( 1); and
(g) counts for the purposes of paragraph ( 4)(b).
(8D ) If:
(a) the designated joint venture had the landfill facility for a number of, but not all, days in the eligible financial year (the control days ); and
(b) during the control days, an amount of covered emissions from the operation of the landfill facility was attributable to the non - transport combustion of liquefied petroleum gas or liquefied natural gas that was supplied by a gaseous fuel supplier to a person (the recipient ) (who may be a participant in the designated joint venture); and
(c) the recipient did not quote the recipient ' s OTN in relation to the supply of the liquefied petroleum gas or liquefied natural gas; and
(d) the gaseous fuel supplier has, under section 36B or 36C , a preliminary emissions number for an eligible financial year; and
(e) the preliminary emissions number is wholly or partly attributable to the import, manufacture or production of the liquefied petroleum gas or liquefied natural gas;
the amount mentioned in paragraph ( b):
(f) does not count for the purposes of subsection ( 1); and
(g) counts for the purposes of paragraph ( 5)(b).
12 After subsection 25(7 B )
Insert:
Gaseous fuel--no double counting
(7C ) If:
(a) the person was the holder of the liability transfer certificate throughout the eligible financial year; and
(b) during the eligible financial year, an amount of covered emissions from the operation of the landfill facility was attributable to the non - transport combustion of liquefied petroleum gas or liquefied natural gas that was supplied by a gaseous fuel supplier to a person (the recipient ) (who may be the holder); and
(c) the recipient did not quote the recipient ' s OTN in relation to the supply of the liquefied petroleum gas or liquefied natural gas; and
(d) the gaseous fuel supplier has, under section 36B or 36C , a preliminary emissions number for an eligible financial year; and
(e) the preliminary emissions number is wholly or partly attributable to the import, manufacture or production of the liquefied petroleum gas or liquefied natural gas;
the amount mentioned in paragraph ( b):
(f) does not count for the purposes of subsection ( 1); and
(g) counts for the purposes of paragraph ( 4)(b).
(7D ) If:
(a) the person was the holder of the liability transfer certificate for a number of, but not all, days in the eligible financial year (the certificate days ); and
(b) during the certificate days, an amount of covered emissions from the operation of the landfill facility was attributable to the non - transport combustion of liquefied petroleum gas or liquefied natural gas that was supplied by a gaseous fuel supplier to a person (the recipient ) (who may be the holder); and
(c) the recipient did not quote the recipient ' s OTN in relation to the supply of the liquefied petroleum gas or liquefied natural gas; and
(d) the gaseous fuel supplier has, under section 36B or 36C , a preliminary emissions number for an eligible financial year; and
(e) the preliminary emissions number is wholly or partly attributable to the import, manufacture or production of the liquefied petroleum gas or liquefied natural gas;
the amount mentioned in paragraph ( b):
(f) does not count for the purposes of subsection ( 1); and
(g) counts for the purposes of paragraph ( 5)(b).
13 After Division 3 of Part 3
Insert:
Division 3A -- Liquefied petroleum gas , and liquefied natural gas , for non - transport use
Preliminary emissions number
(1) For the purposes of this section, if:
(a) an amount of liquefied petroleum gas or liquefied natural gas is imported; and
(b) that amount is entered for home consumption during an eligible financial year; and
(c) the eligible financial year begins on or after 1 July 2013; and
(d) apart from any remission of customs duty, customs duty is or was payable by a person on that amount; and
(e) the customs duty is remitted on the grounds that the liquefied petroleum gas or liquefied natural gas is not used, or int ended for use, in an internal combustion engine in either a motor vehicle or a vessel; and
(f) that amount is not an amount that, under the regulations, is exempt from this subsection; and
(g ) the potential greenhouse gas emissions embodied in the amount mentioned in paragraph ( a) have a carbon dioxide equivalence of a particular number of tonnes;
that number is a preliminary emissions number of the person for the eligible financial year.
Provisional emissions number and liable entity
(2) If the person has, under subsection ( 1), one or more preliminary emissions numbers for the eligible financial year, then, for the purposes of this Act:
(a) the sum of the preliminary emissions numbers is a provisional emissions number of the person for the eligible financial year; and
(b) the person is a liable entity for the eligible financial year.
Reduction of provisional emissions number
(3) If:
(a) the person has, under subsection ( 2), a provisional emissions number for an eligible financial year; and
(b) the person has one or more netted - out numbers for the eligible financial year (see subsections ( 4) and (5));
the provisional emissions number is to be reduced (but not below zero) by the total of those netted - out numbers.
Netted - out numbers
(4) The regulations may provide that, for the purposes of this section, a number ascertained in accordance with the regulations is a netted - out number of a person for an eligible financial year ascertained in accordance with the regulations.
(5) If:
(a) a person has, under subsection ( 1), a preliminary emissions number for an eligible financial year; and
(b) the preliminary emissions number is attributable to the import of an amount of liquefied petroleum gas or liquefied natural gas; and
(c) during an eligible financial year, the person supplies an amount of liquefied petroleum gas or liquefied natural gas to another person (the OTN holder ) who quotes the OTN holder ' s OTN in relation to the supply; and
(d) the supplied amount is the whole or a part of the amount mentioned in paragraph ( b); and
(e) the potential greenhouse gas emissions embodied in the supplied amount have a carbon dioxide equivalence of a particular number of tonnes;
that number is a netted - out number of the first - mentioned person for the eligible financial year mentioned in paragraph ( c).
Preliminary emissions number
(1) For the purposes of this section, if:
(a) an amount of liquefied petroleum gas or liquefied natural gas is manufactured or produced in Australia; and
(b) that amount is entered for home consumption during an eligible financial year; and
(c) the eligible financial year begins on or after 1 July 2013; and
(d) apart from any remission of excise duty, excise duty is or was payable by a person on that amount; and
(e) the excise duty is remitted on the grounds that the liquefied petroleum gas or liquefied natural gas is no t used, or int ended for use, in an internal combustion engine in either a motor vehicle or a vessel; and
(f) that amount is not an amount that, under the regulations, is exempt from this subsection; and
(g) the potential greenhouse gas emissions embodied in the amount mentioned in paragraph ( a) have a carbon dioxide equivalence of a particular number of tonnes;
that number is a preliminary emissions number of the person for the eligible financial year.
Provisional emissions number and liable entity
(2) If the person has, under subsection ( 1), one or more preliminary emissions numbers for the eligible financial year, then, for the purposes of this Act:
(a) the sum of the preliminary emissions numbers is a provisional emissions number of the person for the eligible financial year; and
(b) the person is a liable entity for the eligible financial year.
Reduction of provisional emissions number
(3) If:
(a) the person has, under subsection ( 2), a provisional emissions number for an eligible financial year; and
(b) the person has one or more netted - out numbers for the eligible financial year (see subsections ( 4) and (5));
the provisional emissions number is to be reduced (but not below zero) by the total of those netted - out numbers.
Netted - out numbers
(4) The regulations may provide that, for the purposes of this section, a number ascertained in accordance with the regulations is a netted - out number of a person for an eligible financial year ascertained in accordance with the regulations.
(5) If:
(a) a person has, under subsection ( 1), a preliminary emissions number for an eligible financial year; and
(b) the preliminary emissions number is attributable to the manufacture o r production of an amount of liquefied petroleum gas or liquefied natural gas; and
(c) during an eligible financial year, the person supplies an amount of liquefied petroleum gas or liquefied natural gas to another person (the OTN holder ) who quotes the OTN holder ' s OTN in relation to the supply; and
(d) the supplied amount is the whole or a part of the amount mentioned in paragraph ( b); and
(e) the potential greenhouse gas emissions embodied in the supplied amount have a carbon dioxide equivalence of a particular number of tonnes;
that number is a netted - out number of the first - mentioned person for the eligible financial year mentioned in paragraph ( c).
Preliminary emissions number
(1) For the purposes of this section, if:
(a) a person has, under section 36B or 36C , a preliminary emissions number for an eligible financial year; and
(b) the preliminary emissions number is attributable to the import, manufacture or production of an amount of liquefied petroleum gas or liquefied natural gas; and
(c) during an eligible financial year, the person supplies an amount of liquefied petroleum gas or liquefied natural gas to another person (the OTN holder ) who quotes the OTN holder ' s OTN in relation to the supply; and
(d) the supplied amount is the whole or a part of the amount mentioned in paragraph ( b); and
(e) the potential greenhouse gas emissions embodied in the supplied amount have a carbon dioxide equivalence of a particular number of tonnes;
that number is a preliminary emissions number of the OTN holder for the eligible financial year.
Provisional emissions number and liable entity
(2) If the OTN holder has, under subsection ( 1), one or more preliminary emissions numbers for the eligible financial year, then, for the purposes of this Act:
(a) the sum of the preliminary emissions numbers is a provisional emissions number of the OTN holder for the eligible financial year; and
(b) the OTN holder is a liable entity for the eligible financial year.
Reduction of provisional emissions number
(3) If:
(a) the OTN holder has, under subsection ( 2), a provisional emissions number for an eligible financial year; and
(b) the OTN holder has one or more netted - out numbers for the eligible financial year (see subsections ( 4) and (5));
the provisional emissions number is to be reduced (but not below zero) by the total of those netted - out numbers.
Netted - out numbers
(4) For the purposes of this section, if:
(a) the OTN holder quotes the OTN holder ' s OTN in relation to a supply to the OTN holder of an amount of liquefied petroleum gas or liquefied natural gas; and
(b) during an eligible financial year, an amount of covered emissions from the operation of a facility was attributable to the non - transport combustion of the whole or a part (which whole or part is in this subsection called the relevant portion ) of the amount mentioned in paragraph ( a); and
(c) the covered emissions mentioned in paragraph ( b) count for the purposes of subsection 20(1), 21(1), 22(1), 23(1), 24(1) or 25(1); and
(d) the potential greenhouse gas emissions embodied in the relevant portion have a carbon dioxide equivalence of a particular number of tonnes;
the number mentioned in paragraph ( d) is a netted - out number of the OTN holder for the eligible financial year.
(5) The regulations may provide that, for the purposes of this section, a number ascertained in accordance with the regulations is a netted - out number of an OTN holder for an eligible financial year ascertained in accordance with the regulations.
Preliminary emissions number
(1) For the purposes of this Act, if:
(a) a person has, under section 36B or 36C , a preliminary emissions number for an eligible financial year; and
(b) the preliminary emissions number is attributable to the import, manufacture or production of an amount of liquefied petroleum gas or liquefied natural gas; and
(c) during an eligible financial year, the person supplies an amount of liquefied petroleum gas or liquefied natural gas to another person (the OTN holder ) who quotes the OTN holder ' s OTN in relation to the supply; and
(d) the OTN holder was not permitted or required by this Act to quote the OTN holder ' s OTN ; and
(e) the supplied amount is the whole or a part of the amount mentioned in paragraph ( b); and
(f) the potential greenhouse gas emissions embodied in the supplied amount have a carbon dioxide equivalence of a particular number of tonnes;
that number is a preliminary emissions number of the OTN holder for the eligible financial year mentioned in paragraph ( c).
Provisional emissions number and liable entity
(2) If the OTN holder has, under subsection ( 1), one or more preliminary emissions numbers for the eligible financial year, then, for the purposes of this Act:
(a) the sum of the preliminary emissions numbers is a provisional emissions number of the OTN holder for the eligible financial year; and
(b) the OTN holder is a liable entity for the eligible financial year.
14 Paragraph 40(3)(a)
After " natural gas " , insert " , liquefied petroleum gas or liquefied natural gas " .
15 Paragraph 41(1)(a)
After " natural gas " , insert " , liquefied petroleum gas or liquefied natural gas " .
16 Paragraph 43(2)(a)
After " natural gas " , insert " , liquefied petroleum gas or liquefied natural gas " .
17 Subsection 45(8) (heading)
Repeal the heading, substitute:
Entry for a gaseous fuel supplier
18 Subsections 45(8) to (13)
Omit " natural gas " (wherever occurring), substitute " gaseous fuel " .
19 Section 47 (heading)
Repeal the heading, substitute:
47 Notification of change of name or address of OTN holder or gaseous fuel supplier
20 Subsection 47(2) (heading)
Repeal the heading, substitute:
Gaseous fuel supplier
21 Subsection 47(2)
Omit " natural gas " (wherever occurring), substitute, " gaseous fuel " .
22 Subsection 48(1)
Omit " natural gas supplier " (first occurring), substitute " gaseous fuel supplier " .
23 Subsection 48(1)
Omit " of natural gas by the natural gas supplier " , substitute " of natural gas, liquefied petroleum gas or liquefied natural gas by the gaseous fuel supplier " .
24 Paragraph 48(1)(a)
Omit " natural gas " , substitute " gaseous fuel " .
25 Section 48(3)
Omit " natural gas " , substitute " gaseous fuel " .
26 Paragraph 49(a)
Omit " natural gas supplier in relation to a supply of natural gas by the natural gas supplier " , substitute " gaseous fuel supplier in relation to a supply of natural gas, liquefied petroleum gas or liquefied natural gas by the gaseous fuel supplier " .
27 Section 49
Omit " natural gas supplier " (last occurring), substitute " gaseous fuel supplier " .
28 Paragraph 50(a)
Omit " natural gas " , substitute " gaseous fuel " .
29 Section 51
Omit " natural gas supplier " (wherever occurring), substitute " gaseous fuel supplier " .
30 Section 52
Omit " natural gas supplier " (wherever occurring), substitute " gaseous fuel supplier " .
31 Paragraph 53(1)(a)
Omit " natural gas supplier in relation to the supply of natural gas " , substitute " gaseous fuel supplier in relation to the supply of natural gas, liquefied petroleum gas or liquefied natural gas " .
32 Paragraph 53(2)(b)
Omit " natural gas " , substitute " gaseous fuel " .
33 Section 54
Omit " natural gas " (wherever occurring), substitute " gaseous fuel " .
34 Section 55
Omit " natural gas " (wherever occurring), substitute " gaseous fuel " .
35 After section 58
Insert:
58AA Mandatory quotation of OTN --liquefied natural gas or liquefied petroleum gas
Mandatory quotation
(1) If:
(a) during an eligible financial year, a gaseous fuel supplier supplies an amount of liquefied petroleum gas or liquefied natural gas to another person (the recipient ); and
(b) the eligible financial year begins on or after 1 July 2013; and
(c) the conditions specified in the regulations are satisfied;
the recipient must quote the recipient ' s OTN in relation to the supply.
Notice to gaseous fuel supplier
(2) Before the first occasion on which the recipient quotes the recipient ' s OTN to the gaseous f uel supplier under this section , the recipient must:
(a) give the gaseous fuel supplier written notice of the recipient ' s intention to quote the recipient ' s OTN under this section; and
(b) do so at least:
( i ) 28 days; or
(ii) if the gaseous fuel supplier and the recipient agree on a lesser number of days--that lesser number of days;
before that first occasion.
Civil penalty provisions
(3) Subsections ( 1) and (2) are civil penalty provisions .
Note: Part 17 provides for pecuniary penalties for breaches of civil penalty provisions.
58AB Voluntary quotation of OTN --liquefied natural gas or liquefied petroleum gas
(1) If:
(a) during an eligible financial year, a gaseous fuel supplier supplies an amount of liquefied petroleum gas or liquefied natural gas to another person (the recipient ); and
(b) the eligible financial year begins on or after 1 July 2013; and
(c) the conditions specified in the regulations are satisfied;
the recipient may quote the recipient ' s OTN in relation to the supply.
Notice to gaseous fuel supplier
(2) Before the first occasion on which the recipient quotes the recipient ' s OTN to the gaseous fuel supplier under this section in the circumstances in which the gaseous fuel supplier is required by section 5 9 or 60 to accept the quotation , the recipient must:
(a) give the gaseous fuel supplier written notice of the recipient ' s intention to quote the recipient ' s OTN under this section; and
(b) do so at least:
( i ) 28 days; or
(ii) if the gaseous fuel supplier and the recipient agree on a lesser number of days--that lesser number of days;
before that first occasion.
Civil penalty provision
(3) Subsection ( 2 ) is a civil penalty provision .
Note: Part 17 provides for pecuniary penalties for breaches of civil penalty provisions.
36 S ubs ection 59 (1)
Omit " natural gas " , substitute " gaseous fuel " .
37 S ubs ection 59 (2)
Omit " or 58 " , substitute " , 58 or 58AB " .
38 Subsection 59(2)
Omit " natural gas " , substitute " gaseous fuel " .
39 Subsection 59(3)
Omit " natural gas " (first occurring) , substitute " gaseous fuel " .
40 Subsection 59(3)
Omit " natural gas " (last occurring), substitute " gaseous fuel " .
41 After subsection 59(3)
Insert:
(3A) If:
(a) the OTN holder is permitted by section 58AB to quote the OTN holder's OTN in relation to the supply; and
(b) the conditions specified in the regulations are satisfied;
the gaseous fuel supplier must, by written notice given to the OTN holder, accept the quotation.
(3B) If:
(a) the OTN holder is permitted by section 58AB to quote the OTN holder's OTN in relation to the supply; and
(b) subsection ( 3A) does not apply;
the gaseous fuel supplier may, by written notice given to the OTN holder, accept the quotation.
42 Subsection 59(4)
After " 55B " (first occurring), insert " or 58AA " .
43 Subsection 59(4)
Omit " natural gas " (first occurring), substitute " gaseous fuel " .
44 Subsection 59(4)
After " 55B " (last occurring), insert " or 58AA " .
45 Subsection 59(4)
Omit " natural gas " (last occurring), substitute " gaseous fuel " .
46 Subsection 59(5)
Omit " natural gas " ( first occurring), substitute " gaseous fuel " .
47 Subsection 59(5)
After "(3)", insert ", (3A), (3B)".
48 Paragraphs 59(5)(e) and (f)
Omit "natural gas", substitute "gaseous fuel".
49 Subsection 59(6)
After "(3)", insert ", (3A), (3B)".
50 Subsection 59(7)
Omit "natural gas", substitute "gaseous fuel".
51 Subsection 59(8)
After "(3)" , insert ", (3A)".
52 Subsection 60(1)
Omit " natural gas " , substitute " gaseous fuel " .
53 Subsection 60(2)
Omit " or 58 " , substitute " , 58 or 58AB " .
54 Subsection 60(2)
Omit " natural gas " , substitute " gaseous fuel " .
55 Subsection 60(3)
Omit " natural gas " (first occurring) , substitute " gaseous fuel " .
56 Subsection 60(3)
Omit " natural gas " (last occurring), substitute " gaseous fuel " .
57 After subsection 60(3)
Insert:
(3A) If:
(a) the OTN holder is permitted by section 58AB to quote the OTN holder's OTN in relation to a supply included in the class of supplies; and
(b) the conditions specified in the regulations are satisfied;
the gaseous fuel supplier must, by written notice given to the OTN holder, accept the quotation.
(3B) If:
(a) the OTN holder is permitted by section 58AB to quote the OTN holder's OTN in relation to a supply included in the class of supplies; and
(b) subsection ( 3A) does not apply;
the gaseous fuel supplier may, by written notice given to the OTN holder, accept the quotation.
58 Subsection 60(4)
After " 55B " (first occurring), insert " or 58AA " .
59 Subsection 60(4)
Omit " natural gas " (first occurring), substitute " gaseous fuel " .
60 Subsection 60(4)
After " 55B " (last occurring), insert " or 58AA " .
61 Subsection 60(4)
Omit " natural gas " (last occurring), substitute " gaseous fuel " .
62 Subsection 60(5)
Omit "natural gas" (first occurring), substitute "gaseous fuel".
63 Subsection 60(5)
After "(3)", insert ", (3A), (3B)".
64 Paragraphs 60(5)(e) and (f)
Omit "natural gas", substitute "gaseous fuel".
65 Subsection 60(6)
After "(3)", insert ", (3A), (3B)".
66 Subsection 60(7)
Omit "natural gas", substitute "gaseous fuel".
67 Subsection 60(8)
After "(3)" , insert ", (3A)".
68 Subsection 63(1)
After " natural gas " , insert " , liquefied petroleum gas or liquefied natural gas " .
69 Subsection 63(4)
After " natural gas " (wherever occurring), insert " , liquefied petroleum gas or liquefied natural gas " .
70 Subsections 64(1) and (3)
After " natural gas " , insert " liquefied petroleum gas or liquefied natural gas " .
71 After subsection 126(7)
Insert:
Importer or producer of liquefied petroleum gas or liquefied natural gas for non - transport use etc.
(7A) For the purposes of this Act, if a particular number would have been the provisional emissions number of the person for the relevant eligible financial year under a particular provision of Division 3A of Part 3 if it were assumed that the relevant eligible financial year ended at the end of 31 March in the relevant eligible financial year, the number is an interim emissions number of the person for the relevant eligible financial year.
72 Paragraph 228(1)(a)
After " natural gas " , insert " , liquefied petroleum gas or liquefied natural gas " .
73 After paragraph 262(1)(f)
Insert:
( fa ) subsection 58AA(1);
( f b ) subsection 58AA(2 );
(fc ) subsection 58AB(2);
74 After paragraph 262(1)(g)
Insert:
( ga ) subsection 59(3A);
75 After paragraph 262(1)( i )
Insert:
( ia ) subsection 60(3A);
After :
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.
i nsert:
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.
77 Subsection 41 - 15(1)
Omit " or Division 42 " (wherever occurring) , substitute " , Division 42 or Division 42A " .
78 At the end of Subdivision 41 - B
Add:
(1) You are not entitled to a fuel tax credit (under this Division or Division 42) for taxable fuel if:
(a) the fuel is compressed natural gas, liquefied petroleum gas or liquefied natural gas; and
(b) the fuel is subject to the carbon pricing mechanism (within the meaning of subsection 42A - 5( 3 ) or (4) ) .
(2) For the purposes of this section, compressed natural gas, liquefied petroleum gas and liquefied natural gas have the same respective meanings as in the Clean Energy Act 2011 .
79 After Division 42
Insert:
Division 42A -- Fuel tax credit for gaseous fuel that is subject to the carbon pricing mechanism
Table of Subdivisions
Guide to Division 42A
42A - A Fuel tax credit for gaseous fuel that is subject to the carbon pricing mechanism
42A - 1 What this Division is about
Fuel tax credits are provided under this Division for gaseous fuel that is subject to the carbon pricing mechanism if the fuel is for use in agriculture, fishing operations or forestry .
Table of Sections
42 A - 5 Fuel tax credit for gaseous fuel that is subject to the carbon pricing mechanism
42A - 5 Fuel tax credit for gaseous fuel subject to the carbon pricing mechanism
(1) You are entitled to a fuel tax credit for taxable fuel that you acquire or manufacture in, or import into, Australia to the extent that:
(a) the fuel is compressed natural gas, liquefied petroleum gas or liquefied natural gas; and
(b) you acquire, manufacture or import the fuel for use in:
( i ) * agriculture; or
(ii) * fishing operations; or
(iii) * forestry; and
(c) the fuel is subject to the carbon pricing mechanism (within the meaning of subsection ( 3 ) or (4) ) ; and
(d) you acquire, manufacture or import the fuel for use in * carrying on your * enterprise.
Registration for GST
(2) However, you are only entitled to the fuel tax credit if, at the time you acquire, manufacture or import the fuel, you are * registered for GST, or * required to be registered for GST.
When fuel is subject to the carbon pricing mechanism
(3) Compressed natural gas is subject to the carbon pricing mechanism if:
(a) a person has, under section 33 or 35 of the Clean Energy Act 2011 , a preliminary emissions number for an eligible financial year; and
(b) the preliminary emissions number is attributable to the supply of the natural gas that was used to manufacture or produce the compressed natural gas.
(4) Liquefied petroleum gas or liquefied natural gas is subject to the carbon pricing mechanism if:
(a) a person has, under section 36B or 36C of the Clean Energy Act 2011 , a preliminary emissions number for an eligible financial year; and
(b) the preliminary emissions number is attributable to the import, manufacture or production of the liquefied petroleum gas or liquefied natural gas.
Definitions
(5) For the purposes of this section, compressed natural gas , liquefied petroleum gas , liquefied natural gas , preliminary emissions number , eligible financial year , natural gas , person and supply have the same respective meanings as in the Clean Energy Act 2011 .
80 Section 43 - 1
After :
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.
i nsert:
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.
81 Subsection 43 - 5(1)
After " for taxable fuel " , insert " (other than a fuel tax credit to which you are entitled under Division 42A) " .
82 At the end of section 43 - 5
Add:
Fuel tax credit to which you are entitled under Division 42A
(4) If you are entitled to a fuel tax credit under Division 42A for taxable fuel, the amount of the fuel tax credit is the amount of * carbon reduction that applies to the fuel that you acquired, manufactured or imported.
(5) For the purposes of subsection ( 4), disregard paragraph 43 - 8(4)(b).
83 Subsection 43 - 8(1)
Omit " , to 3 decimal places (rounding up if the fourth decimal place is 5 or more) , " .
84 After s ubsection 43 - 8(1)
Insert:
(1A) In applying the formula in subsection ( 1):
(a) first, calculate, to 3 decimal places (rounding up if the fourth decimal place is 5 or more), the product of :
( i ) the factor known as carbon price ; and
(ii) the factor known as carbon emiss ion rate; an d
(b) second, multiply the result of that calculation by the factor known as quantity of fuel.
85 Section 110 - 5 (definition of taxable fuel )
Repeal the definition, substitute:
"taxable fuel" means:
(a) fuel in respect of which duty is payable under:
( i ) the Excise Act 1901 and the Excise Tariff Act 1921 ; or
(ii) the Customs Act 1901 and the Customs Tariff Act 1995 ; or
(b) compressed natural gas, liquefied petroleum gas , or liquefied natural gas, that is subject to the carbon pricing mechanism (within the meaning of subsection 42A - 5(3 ) or (4) );
but does not include fuel covered by:
(c) item 15, 20 or 21 of the Schedule to the Excise Tariff Act 1921 ; or
(d) any imported goods that would be classified to item 15 of the Schedule to the Excise Tariff Act 1921 , if the goods had been manufactured in Australia.
For the purposes of paragraph ( b) of this definition, compressed natural gas , liquefied petroleum gas and liquefied natural gas have the same respective meanings as in the Clean Energy Act 2011 .
Note: Item 15 of the Schedule to the Excise Tariff Act 1921 deals with certain petroleum based oils and greases. Item 20 of that Schedule deals with certain stabilised crude petroleum oils. Item 21 of that Schedule deals with certain condensate.