Clean Energy Legislation (Carbon Tax Repeal) Act 2014 (83 of 2014)
Schedule 1 Repeal of the carbon tax
Part 3 Application and transitional provisions
Division 2 Provisions relating to the Clean Energy Act 2011 and associated charge Acts
323 Winding-up of the carbon tax scheme - recovery of liabilities attributable to pre-1 July 2014 emissions etc.
(1) Despite the repeal of the Clean Energy Act 2011 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 2011 |
||
|---|---|---|
|
Item |
Provision |
Modification |
|
1 |
section 4 |
Omit the section. |
|
2 |
section 5 (definitions of average carbon unit auction price , benchmark average auction charge , carbon pollution cap , carbon pollution cap number , designated limit , and designated limit percentage) |
Omit the definitions. |
|
3 |
section 5 (definition of eligible financial year) |
Omit the definition, substitute: eligible financial year means: (a) the financial year beginning on 1 July 2012; or (b) the financial year beginning on 1 July 2013. |
|
4 |
section 5 (definition of fixed charge year) |
Omit the definition, substitute: fixed charge year means: (a) the financial year beginning on 1 July 2012; or (b) the financial year beginning on 1 July 2013. |
|
5 |
section 5 (definitions of flexible charge year and per-tonne carbon price equivalent) |
Omit the definitions. |
|
6 |
section 5 (definition of unit shortfall) |
Omit “128, 129 or 133”, substitute “128 or 129”. |
|
7 |
section 5 (definition of vintage year) |
Omit “eligible”. |
|
8 |
Part 2 |
Omit the Part. |
|
9 |
subsections 26(2), 27(2) and 28(2) |
Omit all the words after “is taken to be”, substitute “zero”. |
|
10 |
Subdivision A of Division 4 of Part 3 |
The Regulator must not issue an OTN under the Subdivision on or after 1 July 2014. |
|
11 |
sections 42 and 43 |
Omit the sections. |
|
12 |
section 43A |
The section ceases to have effect at the end of 30 June 2015. |
|
13 |
subsection 45(3) |
The subsection ceases to have effect at the end of 30 June 2015. |
|
14 |
subsections 45(4) to (13) |
The subsections cease to have effect at the start of 1 September 2014. |
|
15 |
subsection 46(1) |
The subsection has effect, on and after 1 September 2014, as if the words “(as it stood at a particular time before the start of 1 September 2014)” were inserted after “OTN Register”. |
|
16 |
section 47 |
The section ceases to have effect at the start of 1 August 2014. |
|
17 |
section 64B |
Omit the section. |
|
18 |
paragraph 64F(1)(b) |
Omit the paragraph. |
|
19 |
subsection 66(4) |
The subsection ceases to have effect at the start of 1 August 2014. |
|
20 |
section 70 |
The Regulator must not make a declaration under the section on or after 1 July 2014. |
|
21 |
section 71A |
Omit the section. |
|
22 |
section 72 |
The Regulator must not give a notice under the section on or after 1 July 2014. |
|
24 |
section 83 |
The Regulator must not issue a certificate under the section on or after 1 July 2014. |
|
25 |
section 87 |
The Regulator must not issue a certificate under the section on or after 1 July 2014. |
|
26 |
sections 89 and 90 |
Omit the sections. |
|
27 |
section 93 |
Omit the section. |
|
28 |
subsection 96(2) |
Omit “eligible”. |
|
29 |
section 97 (note) |
Omit the note. |
|
30 |
subsection 100(1) (table items 5, 6, 7, 8 and 9) |
Omit the table items. |
|
31 |
subsection 100(2) |
Omit the subsection. |
|
32 |
subsection 100(3) (heading) |
Omit “1, 3 and 5”, substitute “1 and 3”. |
|
33 |
subsection 100(3) |
Omit “1, 3 or 5”, substitute “1 or 3”. |
|
34 |
subsection 100(4) (heading) |
Omit “2, 4, 6, 7, 8 and 9”, substitute “2 and 4”. |
|
35 |
subsection 100(4) |
Omit “2, 4, 6, 7, 8 or 9”, substitute “2 or 4”. |
|
36 |
subsections 100(9), (14) and (15) |
Omit the subsections. |
|
37 |
sections 101 and 102 |
Omit the sections. |
|
38 |
sections 108 and 109 |
Omit the sections. |
|
39 |
section 114 |
Omit the section. |
|
40 |
Division 1 of Part 6 |
Omit the Division. |
|
41 |
subsection 122(1) |
Omit “during an eligible financial year”. |
|
42 |
subsections 122(3), (4), (5), (9) and (11) |
Omit the subsections. |
|
43 |
sections 123 and 123A |
Omit the sections. |
|
44 |
paragraph 128(7)(d) |
Before “this Division”, insert “if the eligible financial year began on 1 July 2012 - “. |
|
45 |
Subdivision B of Division 3 of Part 6 |
Omit the Subdivision. |
|
46 |
subsection 134(3) |
Omit the subsection. |
|
47 |
subsection 134A(3) (paragraph (b) of the definition of applicable amount for the financial year) |
Omit the paragraph. |
|
48 |
paragraphs 142(3)(c), (e) and (f) |
Omit the paragraphs. |
|
48A |
section 144 |
Omit the section. |
|
49 |
paragraph 145(5)(b) |
Omit the paragraph. |
|
50 |
paragraph 145(5)(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; |
|
51 |
Division 5 of Part 7 |
Omit the Division. |
|
52 |
section 160 |
Omit the section. |
|
53 |
paragraphs 161(2)(b) and (c) |
Omit the paragraphs. |
|
54 |
subsection 161(3) |
Omit the subsection. |
|
55 |
subsection 161(4) |
Omit “or (3)”. |
|
56 |
subsection 161(5) |
Omit “a later”, substitute “an”. |
|
57 |
subsections 161(6), (7), (8) and (9) |
Omit “or (3)”. |
|
58 |
Part 9 |
The Part ceases to have effect at the end of 30 June 2015. |
|
59 |
Division 3 of Part 9 |
Omit the Division. |
|
60 |
sections 196 and 196A |
Omit the sections. |
|
61 |
subsections 197(3) to (6) |
Omit the subsections. |
|
62 |
section 199 |
After “each quarter”, insert “that ends on or before 31 March 2015”. |
|
63 |
section 200 |
Omit the section. |
|
64 |
subsection 212(2) (subparagraph (d)(ii) of the definition of prescribed amount for the financial year in which the compliance deadline occurs) |
Omit the subparagraph. |
|
65 |
subsection 212(3) (subparagraph (d)(ii) of the definition of prescribed amount for the financial year in which the compliance deadline occurs) |
Omit the subparagraph. |
|
66 |
Part 12 |
Omit the Part. |
|
67 |
paragraphs 262(1)(ma), (r), (u) and (v) and 263(2)(g), (i) and (j) |
Omit the paragraphs. |
|
68 |
section 281 (table items 3, 4, 5, 7, 8, 11, 12, 13 and 16) |
Omit the table items. |
|
69 |
Part 22 |
Omit the Part. |
|
70 |
subparagraph 295(d)(iii) |
Omit the subparagraph. |
|
71 |
subparagraph 295(e)(ii) |
Omit the subparagraph. |
|
72 |
subparagraph 295(i)(iii) |
Omit the subparagraph. |
|
73 |
sections 303A and 303B |
Omit the sections. |
Carbon units with a vintage year beginning on or after 1 July 2014
(2) The modification made by item 3 of the table in subitem (1) does not apply in relation to the issue of a carbon unit with a vintage year beginning on or after 1 July 2014, if the carbon unit was issued as a result of an auction conducted before 1 July 2014.
Review of decisions
(3) The modification of section 281 of the Clean Energy Act 2011 made by the table in subitem (1) does not apply to a decision made before 1 July 2014.
Civil penalty orders
(4) The modification of section 262 of the Clean Energy Act 2011 made by the table in subitem (1) does not apply to a contravention that occurred before 1 July 2014.
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