Future Made in Australia (Production Tax Credits and Other Measures) Act 2025 (9 of 2025)
Schedule 1 Hydrogen production tax incentive
Part 1 Main amendments
Income Tax Assessment Act 1997
3 At the end of Part 3-50
Add:
Division 421 - Hydrogen production tax incentive
Table of Subdivisions
Guide to Division 421
421-A Tax offset for hydrogen produced in Australia
421-B Certification of production profiles
421-C Other matters
Guide to Division 421
421-1 What this Division is about
A company may be entitled to a refundable tax offset in respect of hydrogen produced in Australia between the start of 1 July 2027 and the end of 30 June 2040.
One requirement for entitlement to the offset is that the company must have created a certificate (called a PGO certificate) that relates to the hydrogen. The certificate is created under the Future Made in Australia (Guarantee of Origin) Act 2024 and it must be registered under that Act.
Another requirement is that the facility at which the hydrogen is produced, and the production pathway for the hydrogen, must be specified in a production profile that is certified by the Clean Energy Regulator under this Division. The hydrogen must also have been produced during a particular period (which is called an offset period, and which cannot be longer than 10 years) that is associated with production at the facility in accordance with the production pathway.
The amount of the tax offset is $2 per whole kilogram of hydrogen (though this may be reduced in certain circumstances).
Subdivision 4 21-A - Tax offset for hydrogen produced in Australia
Table of sections
421-5 Company entitled to refundable tax offset for hydrogen produced in Australia
421-10 Amount of hydrogen production tax offset
421-15 When hydrogen is produced
421-20 Production emissions intensity
421-25 Grid matching requirements
421-30 Offset period
421-35 Initial reconciliation period for registered PGO certificate
421-40 Correction notice for registered PGO certificate
421-45 HPTO community benefit rules
421-5 Company entitled to refundable tax offset for hydrogen produced in Australia
(1) A company is entitled to a *tax offset under this section (the hydrogen production tax offset ) for an income year in respect of a kilogram of hydrogen produced in Australia during the income year if:
(a) the income year:
(i) starts on or after 1 July 2027; and
(ii) ends before 1 July 2040; and
(b) there is a *registered PGO certificate that relates to the kilogram of hydrogen and which states:
(i) that the kilogram of hydrogen was produced at a particular facility that is specified in a *production profile, in accordance with a particular *production pathway that is specified in that production profile; and
(ii) that the kilogram of hydrogen has a *production emissions intensity that is less than or equal to 0.6 kilograms of carbon dioxide per 1 kilogram of hydrogen (see section 421-20); and
(iii) if the facility is connected to an electricity grid - that the electricity (if any) that the facility obtained from the grid and used to produce the kilogram of hydrogen satisfies the *grid matching requirements (see section 421-25); and
(c) at the time when the kilogram of hydrogen was produced, the production profile mentioned in subparagraph (b)(i) of this subsection was certified in relation to the facility and the production pathway under Subdivision 421-B; and
(d) the kilogram of hydrogen was produced during the *offset period for the facility and the production pathway (see section 421-30); and
(e) the *initial reconciliation period for the PGO certificate has ended (see section 421-35); and
(f) no *correction notice for the PGO certificate is in force (see section 421-40); and
(g) the company satisfies the requirements in subsection (2) of this section.
Note 1: For paragraph (c), when a production profile is certified, or a certification of a production profile is revoked, under Subdivision 421-B, the certification or revocation may have retrospective effect.
Note 2: The hydrogen production tax offset is a refundable tax offset (see section 67-23).
(2) The company satisfies the requirements in this subsection if:
(a) the company is a *constitutional corporation; and
(b) the company was the person who created the *registered PGO certificate under the Future Made in Australia (Guarantee of Origin) Act 2024; and
(c) the company created the PGO certificate in the course of carrying on an enterprise in the indirect tax zone; and
(d) at each time when the company carries on that enterprise in the indirect tax zone during the income year, either:
(i) the company is an Australian resident and has an *ABN; or
(ii) the company is a foreign resident and has a *permanent establishment in Australia and an ABN; and
(e) the company is not an *exempt entity; and
(f) if *HPTO community benefit rules under paragraph 421-45(1)(a) of this Act apply to the company for the income year - the company meets the conditions specified in those rules.
(3) In subsection (2), carried on in the indirect tax zone and indirect tax zone have the same meaning as in the *GST Act.
421-10 Amount of hydrogen production tax offset
(1) If a company is entitled to the *hydrogen production tax offset for an income year in respect of one or more kilograms of hydrogen, the amount of the offset for the income year is $2 in respect of each whole kilogram of hydrogen.
(2) However, if:
(a) *HPTO community benefit rules under paragraph 421-45(1)(b) apply to the company for the income year; and
(b) circumstances specified in those rules exist for the company;
then the amount of the *hydrogen production tax offset is reduced by the proportion specified in those rules for those circumstances.
421-15 When hydrogen is produced
(1) For the purposes of this Division, a kilogram of hydrogen is taken to be produced at a facility at the time when the last part of the batch of hydrogen that contains the kilogram leaves the production gate (within the meaning of the Future Made in Australia (Guarantee of Origin) Act 2024) for hydrogen at the facility.
(2) However, if:
(a) the production of the batch of hydrogen commenced before 1 July 2027; and
(b) the last part of the batch of hydrogen leaves the production gate for hydrogen at the facility on or after 1 July 2027;
then, for the purposes of this Division, each kilogram of hydrogen contained in the batch is taken to be produced at the facility before 1 July 2027.
Note: A company is not entitled to the hydrogen production tax offset in respect of hydrogen produced before 1 July 2027: see paragraph 421-5(1)(a).
421-20 Production emissions intensity
(1) This section applies if there is a *registered PGO certificate that:
(a) relates to a particular quantity of hydrogen (for example, a particular kilogram of hydrogen); and
(b) states that the quantity of hydrogen was produced at a particular facility in accordance with a particular *production pathway.
(2) The production emissions intensity of the quantity of hydrogen is the emissions intensity of that quantity of hydrogen taking into account all, and only, greenhouse gases emitted in relation to that quantity of hydrogen from production emissions sources for the *production pathway.
(3) In subsection (2), emissions intensity , greenhouse gas and production emissions source have the same meaning as in the Future Made in Australia (Guarantee of Origin) Act 2024.
421-25 Grid matching requirements
The grid matching requirements are the requirements prescribed by the Minister by legislative instrument for the purposes of this section.
421-30 Offset period
Notice of offset start date
(1) The *holder of a *registered production profile may, by notice given to the Commissioner in the *approved form, specify for the purposes of this section a date (the offset start date )in relation to the production of hydrogen:
(a) at a particular facility specified in the profile; and
(b) in accordance with a particular *production pathway specified in the profile.
(2) The offset start date specified in the notice:
(a) must be the first day of an income year for the *holder of the *registered production profile; and
(b) must not be earlier than the first day of the income year for the holder of the registered production profile in which the notice is given; and
(c) must be:
(i) on or after 1 July 2027; and
(ii) before 1 July 2040.
(3) A notice given under subsection (1) cannot be varied or revoked.
(4) If a notice has been given under subsection (1) in relation to a facility and a *production pathway, then no further notice may be given under that subsection in relation to the facility and the production pathway.
Offset period
(5) If a notice has been given under subsection (1) in relation to a facility and a *production pathway, the offset period for the facility and the production pathway is the period that:
(a) starts at the beginning of the offset start date specified in the notice; and
(b) ends at the earlier of the following:
(i) the end of the period of 10 years starting on the offset start date;
(ii) the end of 30 June 2040.
Exception - where production pathways at same facility are not substantially different
(6) However, if:
(a) two or more notices are given under subsection (1) in relation to the same facility (whether the notices are given at the same time or at different times); and
(b) the Clean Energy Regulator determines under subsection (7) that a group consisting of 2 or more of those notices should be treated together for the purposes of subsection (5);
then subsection (5) applies in relation to each notice in the group as if the offset start date specified in the notice was the earliest of the offset start dates specified in any of the notices in the group.
Note: If this subsection applies, the effect is that there will be a single, common offset period for the facility and each of the production pathways specified in the notices in the group.
Determination by Clean Energy Regulator
(7) If 2 or more notices are given as mentioned in paragraph (6)(a), the Clean Energy Regulator may, in writing, determine that a group consisting of 2 or more of those notices should be treated together for the purposes of subsection (5).
(8) The Clean Energy Regulator may do so only if it is satisfied that production at the facility in accordance with the *production pathway specified in any one of the notices in the group is not substantially different from production at the facility in accordance with a production pathway specified in any other notice in the group.
(9) In deciding whether to make a determination under subsection (7), the Clean Energy Regulator may have regard to any matters that the Clean Energy Regulator considers relevant, including:
(a) the nature of the facility; and
(b) the nature of the *production pathways specified in the notices; and
(c) if some of the notices are given at different times - the nature of any changes to the facility made between those times.
421-35 Initial reconciliation period for registered PGO certificate
(1) The initial reconciliation period for a *registered PGO certificate is the period that:
(a) starts immediately after the end of the financial year (the registration year for the certificate) in which the certificate was registered; and
(b) ends at the time specified by subsection (2) or (3), whichever is later.
(2) If:
(a) a person is given a statement under section 60 of the Future Made in Australia (Guarantee of Origin Act) 2024; and
(b) the statement relates to PGO certificate activity (within the meaning of that Act) in connection with the *registered PGO certificate in the registration year for the certificate;
then the time specified by this subsection is the latest time by which such person is required, under section 61 of that Act, to give the Clean Energy Regulator a declaration in relation to such a statement.
Note: If more than one person is given such a statement, different people may be required to give the Clean Energy Regulator declarations by different times. The time specified by this subsection is the latest of those times.
(3) If:
(a) a person is given a statement under section 60 of the Future Made in Australia (Guarantee of Origin Act) 2024 (the Guarantee of Origin Act ); and
(b) the statement relates to PGO certificate activity (within the meaning of the Guarantee of Origin Act) in connection with the *registered PGO certificate in the registration year for the certificate; and
(c) after the end of the registration year, and at or before the time specified by subsection (2) of this section, the person gives the Clean Energy Regulator declarations and information of the kind mentioned in paragraph 61(b) of the Guarantee of Origin Act; and
(d) the declarations include a declaration that particular information stated in the registered PGO certificate is not accurate or complete;
then the time specified by this subsection is the latest time at which the Clean Energy Regulator may decide, under section 62 of the Guarantee of the Origin Act, to correct the registered PGO certificate in response to declarations and information given by a person as mentioned in paragraphs (c) and (d) of this subsection.
Note: If more than one person gives the Clean Energy Regulator declarations and information as mentioned in paragraphs (c) and (d) of this subsection then, for each such set of declarations and information, there will be a last time at which the Clean Energy Regulator may correct the PGO certificate in response to that set of declarations and information. The time specified by this subsection is the latest of those last times.
421-40 Correction notice for registered PGO certificate
(1) The Clean Energy Regulator must issue a notice (a correction notice ) for a *registered PGO certificate that relates to a kilogram of hydrogen if:
(a) the *initial reconciliation period for the PGO certificate has ended;and
(b) the PGO certificate states:
(i) that the kilogram of hydrogen has a *production emissions intensity that is less than or equal to 0.6 kilograms of carbon dioxide per 1 kilogram of hydrogen; and
(ii) if the facility that produced the hydrogen is connected to an electricity grid - that the electricity (if any) that the facility obtained from the grid and used to produce the kilogram of hydrogen satisfies the *grid matching requirements; and
(c) the Clean Energy Regulator is satisfied that one or both of the conditions in subparagraphs (b)(i) and (ii) are not met.
(2) The *correction notice must state that the Clean Energy Regulator is satisfied that one or both of the conditions in subparagraphs (1)(b)(i) and (ii) are not met.
(3) The *correction notice is in force until it is revoked under subsection (4).
Revocation of correction notice
(4) The Clean Energy Regulator may, in writing, revoke a *correction notice for a *registered PGO certificate that relates to a kilogram of hydrogen if the Clean Energy Regulator is satisfied that:
(a) the *initial reconciliation period for the PGO certificate had not ended at the time when the correction notice was issued, and that period has still not ended; or
(b) the PGO certificate does not state that the conditions in subparagraphs (1)(b)(i) and (ii) are met in relation to the kilogram of hydrogen; or
(c) the conditions in subparagraphs (1)(b)(i) and (ii) are met in relation to the kilogram of hydrogen.
Copies of correction notice and revocation
(5) If the Clean Energy Regulator:
(a) issues a *correction notice under subsection (1) for a *registered PGO certificate that relates to a kilogram of hydrogen; or
(b) revokes such a correction notice under subsection (4);
then the Clean Energy Regulator must give copies of the correction notice or the revocation to the following:
(c) each person who is, at the time the correction notice is issued or revoked, the *holder of a *registered production profile that specifies the facility at which the hydrogen was produced;
(d) the Commissioner.
Other matters
(6) Subsection (1) and paragraph (4)(c) do not impose a duty on the Clean Energy Regulator to:
(a) seek information about whether the conditions in subparagraphs (1)(b)(i) and (ii) are met; or
(b) consider whether the Clean Energy Regulator is satisfied that those conditions are, or are not, met.
(7) The issuing of a *correction notice for a *registered PGO certificate does not have any effect on the content or status of the PGO certificate under the Future Made in Australia (Guarantee of Origin Act) 2024.
421-45 HPTO community benefit rules
(1) The Minister may, by legislative instrument, make the following rules (the HPTO community benefit rules ):
(a) rules that:
(i) apply to companies within a specified class for an income year; and
(ii) specify conditions that must be met for such a company to be entitled to a *hydrogen production tax offset for the income year;
(b) rules that:
(i) apply to companies within a specified class for an income year; and
(ii) specify circumstances that, if they exist for such a company, will reduce the amount of the company's hydrogen production tax offset for the income year by a specified proportion.
Note: For subparagraph (b)(ii), different proportions may be specified for different circumstances (see subsection 33(3A) of the Acts Interpretation Act 1901).
(2) In making the *HPTO community benefit rules, the Minister must have regard to the community benefit principles (within the meaning of subsection 10(3) of the Future Made in Australia Act 2024).
(3) When having regard to those principles, the Minister is to treat the *hydrogen production tax offset as if it were Future Made in Australia support (within the meaning of the Future Made in Australia Act 2024).
(4) This section does not apply if the Future Made in Australia Act 2024 has not commenced.
Subdivision 4 21-B - Certification of production profiles
Table of sections
421-50 Application for certification
421-55 Certification of production profile
421-60 Capacity of facility to produce hydrogen
421-65 Revocation of certification
421-70 Requests for further information etc.
421-50 Application for certification
(1) The *holder of a *registered production profile for hydrogen may apply to the Clean Energy Regulator for the profile to be certified:
(a) in relation to a particular facility, and a particular *production pathway, specified in the profile; and
(b) from a particular time.
(2) The time specified in the application, as mentioned in paragraph (1)(b), must not be later than the start of the day when the application is made (and may be any time before the start of that day).
(3) The application is taken not to be made unless:
(a) it is in a form (if any) prescribed under subsection (5); and
(b) it is accompanied by any information, documents or other materials prescribed under subsection (5); and
(c) without limiting paragraphs (a) and (b) of this subsection - it is accompanied by an eligibility statement for the *registered production profile that relates to the facility and the *production pathway.
(4) For the purposes of paragraph (3)(c), an eligibility statement for the *registered production profile that relates to the facility and the *production pathway is a statement by the *holder of the profile to the effect that there are reasonable grounds to believe that, if the profile is certified, a company will be entitled to the *hydrogen production tax offset for an income year in respect of one or more kilograms of hydrogen produced at the facility in accordance with the production pathway.
(5) The Clean Energy Regulator may, by notifiable instrument, do any of the following:
(a) prescribe a form for the purposes of paragraph (3)(a);
(b) prescribe information, documents or other materials for the purposes of paragraph (3)(b).
421-55 Certification of production profile
Certification
(1) If:
(a) the Clean Energy Regulator receives an application for a *registered production profile to be certified in relation to a facility and a *production pathway from a particular time (the start time ); and
(b) the Clean Energy Regulator is satisfied that:
(i) the condition in subsection (3) was met at the start time, and has continued to be met since that time; and
(ii) the conditions in subsections (5) (if applicable) and (7) are met;
then:
(c) Clean Energy Regulator must, in writing, certify the registered production profile in relation to the facility and the production pathway; and
(d) the instrument of certification must state that the certification has effect from the start time.
Exception - failure to provide information etc.
(2) However, the Clean Energy Regulator may refuse to certify a *registered production profile under subsection (1) if:
(a) the Clean Energy Regulator has given the *holder of the production profile a notice under section 421-70(1) that relates to the application for certification, requesting that the holder give the Clean Energy Regulator specified information, documents or other materials before a specified time; and
(b) the holder of the production profile does not comply with the request before the specified time.
Condition relating to facility and production pathway
(3) The condition in this subsection is that:
(a) the facility is located on a single site in Australia; and
(b) the facility has a capacity to produce hydrogen, in accordance with the *production pathway, that is at least equal to that of an electrolyser with a nameplate capacity of 10 megawatts; and
(c) the production pathway does not involve producing hydrogen using any of the following:
(i) coal gasification;
(ii) steam reformation of natural gas (within the meaning of the National Greenhouse and Energy Reporting Act 2007);
(iii) a process prescribed by the regulations for the purposes of this subparagraph.
Note: The Clean Energy Regulator may prescribe circumstances in which a facility is taken to have the capacity mentioned in paragraph (b) (see section 421-60).
Condition relating to early investment
(4) Subsection (5) applies if the start time for the certification (see subsection (1)) is on or after 1 July 2030.
(5) The condition in this subsection is that a final investment decision was made before 1 July 2030 to:
(a) construct the facility with a capacity to produce hydrogen, in accordance with the *production pathway, that is at least equal to the nominal capacity of the facility to produce hydrogen in accordance with the production pathway; or
(b) upgrade the facility so that it has a capacity to produce hydrogen, in accordance with the production pathway, that is at least equal to that nominal capacity.
(6) For the purposes of subsection (5), the nominal capacity of the facility to produce hydrogen in accordance with the *production pathway is the capacity of the facility, at the start time, to produce hydrogen in accordance with the production pathway.
Note: The Clean Energy Regulator may prescribe how the capacity of a facility to produce hydrogen is to be determined (see section 421-60).
Condition relating to eligibility statement
(7) The condition in this subsection is that, on the basis of information that the Clean Energy Regulator possesses at the time when the instrument of certification is made, it would not be reasonable for the Clean Energy Regulator to believe that the eligibility statement for the *registered production profile that accompanied the application for certification (see paragraph 421-50(3)(c)) is incorrect.
Note: The Clean Energy Regulator does not have a duty to seek information about whether the eligibility statement is correct (see subsection (9)).
Notification of certification
(8) If the Clean Energy Regulator certifies a *registered production profile with effect from a particular time (the start time ), the Clean Energy Regulator must notify the following of the certification:
(a) the person who applied under section 421-50 for the certification;
(b) the person who was the *holder of the production profile at the start time;
(c) each person who was a holder of the production profile at any time between:
(i) the start time; and
(ii) the time when the instrument of certification is made;
(d) the Commissioner.
No duty to seek information about eligibility statement
(9) This section does not impose a duty on the Clean Energy Regulator to seek information relevant to assessing whether the eligibility statement for the *registered production profile is incorrect that goes beyond:
(a) information possessed by the Clean Energy Regulator at the time when the Clean Energy Regulator received the application for certification of the registered production profile; and
(b) information that was contained in, or that accompanied, that application.
421-60 Capacity of facility to produce hydrogen
The Clean Energy Regulator may, by legislative instrument, prescribe any of the following:
(a) how the capacity of a facility to produce hydrogen is to be expressed for the purposes of section 421-55;
(b) how the capacity of a facility to produce hydrogen is to be determined for the purposes of section 421-55;
(c) without limiting paragraph (a) or (b) of this section - circumstances in which a facility is taken, for the purposes of subsection 421-55(3), to have a capacity to produce hydrogen that is at least equal to that of an electrolyser with a nameplate capacity of 10 megawatts.
421-65 Revocation of certification
(1) This section applies if a *production profile has been certified in relation to a facility and a *production pathway with effect from a particular time (the original start time ).
Revocation - substantive grounds
(2) The Clean Energy Regulator may, in writing, revoke the certification if:
(a) on or after the original start time, the registration of the *production profile is suspended, cancelled or surrendered under the Future Made in Australia (Guarantee of Origin) Act 2024; or
(b) there is a time, on or after the original start time, when the condition in subsection 421-55(3) of this Act (condition relating to facility and production pathway) is not met in relation to the facility and the *production pathway; or
(c) at the time when the instrument of revocation made, the Clean Energy Regulator reasonably believes that the eligibility statement for the production profile that accompanied the application for certification(see paragraph 421-50(3)(c)) is incorrect.
(3) A revocation under subsection (2) has effect from the time (the new end time for the certification) specified in the instrument of revocation, which must be:
(a) if the certification is revoked under paragraph (2)(a) - the time when the registration of the *production profile was suspended, cancelled or surrendered; or
(b) if the certification is revoked under paragraph (2)(b) - the earliest time, on or after the original start time, when the condition in subsection 421-55(3) is not met in relation to the facility and the *production pathway; or
(c) if the certification is revoked under paragraph (2)(c) - no earlier than the time when the instrument of revocation is made.
Note: If the certification is revoked under paragraph (2)(a) or (b), the revocation will have retrospective effect.
Revocation - failure to provide information etc.
(4) In addition, the Clean Energy Regulator may, in writing, revoke the certification if:
(a) the Clean Energy Regulator has given the *holder of the *production profile a notice under section 421-70(2) that relates to the certification, requesting that the holder give the Clean Energy Regulator specified information, documents or other materials before a specified time; and
(b) the holder of the production profile does not comply with the request before the specified time.
(5) A revocation under subsection (4) has effect from the time (also the new end time for the certification) specified in the instrument of revocation, which must not be before the time specified in the notice mentioned in paragraph (4)(a).
Note: A revocation under subsection (4) may be given retrospective effect.
Consequences of revocation
(6) If the new end time for the certification is the same as the original start time, then the certification is taken never to have been in effect.
(7) If the new end time for the certification is later than the original start time, then:
(a) the certification is taken to have been in effect for the period that:
(i) begins at the original start time; and
(ii) ends at the new end time; and
(b) the certification is taken not to have been in effect after the new end time.
Note: The operation of subsections (6) and (7) may affect whether paragraph 421-5(1)(c) (which sets out a condition for entitlement to the hydrogen production tax offset) is satisfied in a particular case.
(8) If a certification of a *production profile that relates to a particular facility and *production pathway is revoked, that does not prevent:
(a) an application later being made for a new certification of the production profile, including a certification that relates to the same facility and production pathway; or
(b) the Clean Energy Regulator subsequently issuing such a new certification of the production profile.
Notification of revocation
(9) If the Clean Energy Regulator revokes a certification of a *production profile, the Clean Energy Regulator must notify the following of the revocation:
(a) the person who was the *holder of the production profile at the original start time for the certification;
(b) each person who was a holder of the production profile at any time between:
(i) the original start time for the certification; and
(ii) the time when the instrument of revocation is made;
(c) the Commissioner.
421-70 Requests for further information etc.
Request before certification
(1) If the Clean Energy Regulator has received an application for a *registered production profile to be certified, the Clean Energy Regulator may, before making a decision about whether to certify the profile under section 421-55, give a written notice to the *holder of the profile:
(a) requesting that the holder give the Clean Energy Regulator, before a specified time, specified information, documents or other materials that are relevant to making that decision; and
(b) stating that, if the request is not complied with before the specified time, the Clean Energy Regulator may refuseto certify the production profile.
Request after certification
(2) If the Clean Energy Regulator has certified a *registered production profile under section 421-55, the Clean Energy Regulator may give a written notice to the *holder of the profile:
(a) requesting that the holder give the Clean Energy Regulator, before a specified time, specified information, documents or other materials that are relevant to deciding whether to revoke the certification under subsection 421-65(2) (revocation on substantive grounds); and
(b) stating that, if the request is not complied with before the specified time, the Clean Energy Regulator may revoke the certification.
Subdivision 4 21-C - Other matters
Table of sections
421-75 Review of decisions by the Administrative Review Tribunal
421-80 Information sharing
421-85 Period for amending assessments
421-75 Review of decisions by the Administrative Review Tribunal
Applications may be made to the *ART for review of the following decisions made by the Clean Energy Regulator:
(a) a decision under subsection 421-30(7) to make a determination;
(b) a decision under subsection 421-40(1) to issue a *correction notice;
(c) a decision under subsection 421-40(4) to revoke a correction notice;
(d) a decision under section 421-55 to certify a *registered production profile;
(e) a decision under section 421-55 not to certify a registered production profile (after an application to certify the profile has been made under section 421-50);
(f) a decision under section 421-65 to revoke a certification of a *production profile.
421-80 Information sharing
(1) Each of the following regulators:
(a) the Clean Energy Regulator;
(b) the Commissioner;
may request the other regulator to provide them with information held by the other regulator that is reasonably necessary or convenient for the requesting regulator's administration of this Division.
(2) The other regulator must comply with the request.
Note: The request could be an ad hoc or standing request, and the information requested could be general or specific.
421-85 Period for amending assessments
Section 170 of the Income Tax Assessment Act 1936 does not prevent the amendment of an entity's assessment for the purposes of giving effect to this Division for an income year if:
(a) the Clean Energy Regulator:
(i) issues, or revokes, a *correction notice under section 421-40; or
(ii) makes an instrument under section 421-65 revoking a certification of a *production profile, with effect from a specified time (which may be different from the time when the instrument is made); and
(b) as a result, there is a change to:
(i) whether the entity is entitled to a *hydrogen production tax offset for the income year; or
(ii) the amount of hydrogen production tax offset that the entity is entitled to for the income year; and
(c) the amendment of the entity's assessment is made during the period of 4 years starting on the day when the Clean Energy Regulator issues or revokes the correction notice, or makes the instrument revoking the certification of the production profile (whichever applies).
Note: Section 170 of the Income Tax Assessment Act 1936 specifies the periods within which assessments may be amended.