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Carbon Pricing Act 2018

(No. 23 of 2018)

Status:

Published in Acts Supplement
on 01 Jun 2018

Print

Select the provisions you wish to print using the checkboxes and then click the relevant "Print"

Carbon Pricing Act 2018
(No. 23 of 2018)

Table of Contents

Long Title

Enacting Formula

Part 1 PRELIMINARY

1 Short title and commencement

2 General interpretation

3 Meaning of "business facility"

4 Meaning of "operational control"

Part 2 APPLICATION AND ADMINISTRATION

5 Application of Act

6 Administration of Act

Part 3 REGISTRATION OF PERSONS AND BUSINESS FACILITIES

7 Obligation to apply to register as registered person, and to register business facility as reportable facility and taxable facility

8 Applications for registration

9 Entitlement to apply to deregister as taxable facility, reportable facility, and as registered person

10 Applications to deregister

Part 4 GHG EMISSIONS REPORTING REQUIREMENTS

Division 1 — Emissions reporting

11 Emissions reports

12 Emissions reports required to be verified

13 Monitoring plans

Division 2 — Inaccurate, etc., emissions reports and monitoring plans, etc.

14 Inaccuracies, etc., in emissions reports and monitoring plans, etc., identified by Agency

15 Inaccuracies, etc., in emissions reports and monitoring plans identified by registered person

Part 5 CARBON PRICING

Division 1 — Carbon tax

16 Carbon tax

17 Payment of tax and penalty

18 Relief or remission from tax or penalty

19 Refund of tax, etc.

20 Recovery of tax and penalty, etc.

Division 2 — Assessments of tax

21 Assessments by Agency

22 Advance assessments

23 Revision of assessments

24 Waiver of small assessments

25 Mistakes in assessment

Division 3 — Carbon credits

26 Carbon credits

27 Crediting of carbon credits

28 Surrender of carbon credits

29 Cancellation of carbon credits

30 Refunds on carbon credits

Division 4 — Carbon Credits Registry

31 Opening of registry account

32 Suspension of registry account

33 Closing of registry account

Part 6 APPEALS

Division 1 — Appeals against decisions of Agency

34 Appeals to Minister

35 Effect of appeal, etc.

36 Disposal of appeal

37 Appeals to High Court

Division 2 — Appeal Panel

38 Composition and procedure of Appeal Panel

39 Powers of Appeal Panel

Part 7 RECORDS AND REGISTERS

Division 1 — Records to be kept by registered persons, etc.

40 Maintenance of records

Division 2 — Registers to be kept by Agency

41 Registers to be kept and maintained by Agency

42 Correcting or updating register on Agency’s initiative

43 Correcting or updating register on request

44 Obligation to update changes to particulars

Part 8 ADMINISTRATION AND ENFORCEMENT, ETC.

Division 1 — Powers of administration and enforcement, etc., and related offences

45 Interpretation of this Part

46 Entering premises, etc., to monitor compliance

47 Power to demand names and addresses on entering premises

48 Power to search premises, etc.

49 Power to require persons to provide information and documents

50 General power to require information or documents

51 Additional powers in determining if person or business facility is registrable

52 Obstructing Agency or authorised officer

53 False statements, forging of documentation, etc.

Division 2 — Other offences and penalties

54 Offences relating to registrations

55 Offences relating to submissions of unverified emissions reports

56 Offences relating to submissions of verified emissions reports

57 Offences relating to monitoring plans

58 Other offences relating to emissions reports and monitoring plans

59 Offence relating to failure to pay tax

60 Offences by authorised and unauthorised persons

61 Offences relating to appeals

62 Offences relating to records and registers

Part 9 MISCELLANEOUS

63 Notices and other documents may be given by authorised officer

64 Inaccuracies in document

65 Evidence

66 Disclosure of information

67 Service of documents

68 Offences by corporations

69 Offences by unincorporated associations or partnerships

70 Power of court to order cause of contravention to be remedied

71 Composition of offences

72 Payment of moneys into Consolidated Fund

73 Amendment of Schedules

74 Exemptions

75 Extensions of time

76 Regulations

77 Incorporation by reference

78 Advisory guidelines

79 Consequential and related amendments to Energy Conservation Act

80 Saving and transitional provisions

FIRST SCHEDULE Greenhouse gases and global warming potential

SECOND SCHEDULE Matters relating to emissions thresholds and reporting of GHG emissions

THIRD SCHEDULE Matters relating to carbon tax

FOURTH SCHEDULE Persons to whom information may be disclosed

FIFTH SCHEDULE Matters for or in respect of which regulations may be made

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Table Of Contents

Carbon Pricing Act 2018

Status:

Published in Acts Supplement
on 01 Jun 2018

Carbon Pricing Act 2018 (No. 23 of 2018)

Print
Help

Table of Contents

Carbon Pricing Act 2018
(No. 23 of 2018) Long Title Enacting Formula Part 1 PRELIMINARY

1 Short title and commencement

2 General interpretation

3 Meaning of "business facility"

4 Meaning of "operational control"

Part 2 APPLICATION AND ADMINISTRATION

5 Application of Act

6 Administration of Act

Part 3 REGISTRATION OF PERSONS AND BUSINESS FACILITIES

7 Obligation to apply to register as registered person, and to register business facility as reportable facility and taxable facility

8 Applications for registration

9 Entitlement to apply to deregister as taxable facility, reportable facility, and as registered person

10 Applications to deregister

Part 4 GHG EMISSIONS REPORTING REQUIREMENTS Division 1 — Emissions reporting

11 Emissions reports

12 Emissions reports required to be verified

13 Monitoring plans

Division 2 — Inaccurate, etc., emissions reports and monitoring plans, etc.

14 Inaccuracies, etc., in emissions reports and monitoring plans, etc., identified by Agency

15 Inaccuracies, etc., in emissions reports and monitoring plans identified by registered person

Part 5 CARBON PRICING Division 1 — Carbon tax

17 Payment of tax and penalty

18 Relief or remission from tax or penalty

19 Refund of tax, etc.

20 Recovery of tax and penalty, etc.

Division 2 — Assessments of tax

21 Assessments by Agency

22 Advance assessments

23 Revision of assessments

24 Waiver of small assessments

25 Mistakes in assessment

Division 3 — Carbon credits

26 Carbon credits

27 Crediting of carbon credits

28 Surrender of carbon credits

29 Cancellation of carbon credits

30 Refunds on carbon credits

Division 4 — Carbon Credits Registry

31 Opening of registry account

32 Suspension of registry account

33 Closing of registry account

Part 6 APPEALS Division 1 — Appeals against decisions of Agency

34 Appeals to Minister

35 Effect of appeal, etc.

36 Disposal of appeal

37 Appeals to High Court

Division 2 — Appeal Panel

38 Composition and procedure of Appeal Panel

39 Powers of Appeal Panel

Part 7 RECORDS AND REGISTERS Division 1 — Records to be kept by registered persons, etc.

40 Maintenance of records

Division 2 — Registers to be kept by Agency

41 Registers to be kept and maintained by Agency

42 Correcting or updating register on Agency’s initiative

43 Correcting or updating register on request

44 Obligation to update changes to particulars

Part 8 ADMINISTRATION AND ENFORCEMENT, ETC. Division 1 — Powers of administration and enforcement, etc., and related offences

45 Interpretation of this Part

46 Entering premises, etc., to monitor compliance

47 Power to demand names and addresses on entering premises

48 Power to search premises, etc.

49 Power to require persons to provide information and documents

50 General power to require information or documents

51 Additional powers in determining if person or business facility is registrable

52 Obstructing Agency or authorised officer

53 False statements, forging of documentation, etc.

Division 2 — Other offences and penalties

54 Offences relating to registrations

55 Offences relating to submissions of unverified emissions reports

56 Offences relating to submissions of verified emissions reports

57 Offences relating to monitoring plans

58 Other offences relating to emissions reports and monitoring plans

59 Offence relating to failure to pay tax

60 Offences by authorised and unauthorised persons

61 Offences relating to appeals

62 Offences relating to records and registers

Part 9 MISCELLANEOUS

63 Notices and other documents may be given by authorised officer

64 Inaccuracies in document

66 Disclosure of information

67 Service of documents

68 Offences by corporations

69 Offences by unincorporated associations or partnerships

70 Power of court to order cause of contravention to be remedied

71 Composition of offences

72 Payment of moneys into Consolidated Fund

73 Amendment of Schedules

75 Extensions of time

77 Incorporation by reference

78 Advisory guidelines

79 Consequential and related amendments to Energy Conservation Act

80 Saving and transitional provisions

FIRST SCHEDULE Greenhouse gases and global warming potential SECOND SCHEDULE Matters relating to emissions thresholds and reporting of GHG emissions THIRD SCHEDULE Matters relating to carbon tax FOURTH SCHEDULE Persons to whom information may be disclosed FIFTH SCHEDULE Matters for or in respect of which regulations may be made

Carbon Pricing Act 2018

Status:

Published in Acts Supplement on 01 Jun 2018

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THIRD SCHEDULE

Sections 16 and 26

Matters relating to carbon tax

Part 1

CARBON TAX RATE

1.	The carbon tax rate is $5/tCO₂e.

Part 2

CARBON PRICE

1.	Each carbon credit has a value of $5.

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