A Bill for an Act to deal with consequential matters arising from the enactment of the Carbon Pollution Reduction Scheme (CPRS Fuel Credits) Act 2009, and for other purposes
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Carbon Pollution Reduction Scheme (CPRS Fuel Credits) (Consequential Amendments) Act 2009.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information |
| Column 1 | Column 2 | Column 3 |
| Provision(s) | Commencement | Date/Details |
| 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent. | |
| 2. Schedule 1 | At the same time as section 2‑1 of the Carbon Pollution Reduction Scheme (CPRS Fuel Credits) Act 2009 commences. | |
Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Fuel Tax Act 2006
1 At the end of section 2‑1
Add:
This Act also deals with certain aspects of CPRS fuel credits.
2 Subsection 43‑5(3)
After “following grants”, insert “and subsidies”.
3 At the end of subsection 43‑5(3)
Add:
; or (e) a *CPRS fuel credit.
4 Subsection 60‑5 (formula)
Repeal the formula, substitute:
5 Subsection 60‑5(1)
Insert:
total CPRS fuel credits is the sum of all *CPRS fuel credits to which you are entitled that are attributable to the period.
Note: Division 10 of the Carbon Pollution Reduction Scheme (CPRS Fuel Credits) Act 2009 sets out which tax periods or fuel tax return periods CPRS fuel credit adjustments are attributable to.
6 Subsection 60‑5(1)
Insert:
total decreasing CPRS fuel credit adjustments is the sum of all *decreasing CPRS fuel credit adjustments that are attributable to the period.
Note: Division 10 of the Carbon Pollution Reduction Scheme (CPRS Fuel Credits) Act 2009 sets out which tax periods or fuel tax return periods CPRS fuel credit adjustments are attributable to.
7 Subsection 60‑5(1)
Insert:
total increasing CPRS fuel credit adjustments is the sum of all *increasing CPRS fuel credit adjustments that are attributable to the period.
Note: Division 10 of the Carbon Pollution Reduction Scheme (CPRS Fuel Credits) Act 2009 sets out which tax periods or fuel tax return periods CPRS fuel credit adjustments are attributable to.
8 Section 70‑1
Omit “This Act”, substitute “The fuel tax law”.
9 Paragraphs 75‑10(2)(a) and (b)
After “this Act”, insert “or the Carbon Pollution Reduction Scheme (CPRS Fuel Credits) Act 2009”.
10 At the end of paragraph 75‑15(1)(c)
Add:
(vi) the Carbon Pollution Reduction Scheme (CPRS Fuel Credits) Act 2009;
11 Paragraph 75‑15(1)(f)
After “this Act”, insert “or the Carbon Pollution Reduction Scheme (CPRS Fuel Credits) Act 2009”.
12 At the end of section 75‑50
Omit all the words from and including “despite” to the end of the section, substitute:
despite:
(a) the provisions of this Act outside that Division; and
(b) this Division; and
(c) the Carbon Pollution Reduction Scheme (CPRS Fuel Credits) Act 2009.
13 Section 110‑5
Insert:
CPRS fuel credit has the same meaning as in the Carbon Pollution Reduction Scheme (CPRS Fuel Credits) Act 2009.
14 Section 110‑5
Insert:
decreasing CPRS fuel credit adjustment has the same meaning as in the Carbon Pollution Reduction Scheme (CPRS Fuel Credits) Act 2009.
15 Section 110‑5 (after paragraph (b) of the definition of fuel tax law)
Insert:
(ba) the Carbon Pollution Reduction Scheme (CPRS Fuel Credits) Act 2009; and
16 Section 110‑5 (paragraph (c) of the definition of fuel tax law)
Omit “and (b)”, substitute “to (ba)”.
17 Section 110‑5
Insert:
increasing CPRS fuel credit adjustment has the same meaning as in the Carbon Pollution Reduction Scheme (CPRS Fuel Credits) Act 2009.
Income Tax Assessment Act 1997
18 Subsection 995‑1(1)
Insert:
CPRS fuel credit has the same meaning as in the Carbon Pollution Reduction Scheme (CPRS Fuel Credits) Act 2009.
Taxation Administration Act 1953
19 Paragraph 105‑55(2)(b) in the Schedule
Omit “or *fuel tax credit”, substitute “, *fuel tax credit or *CPRS fuel credit”.
20 Subsection 105‑55(3) in the Schedule
Omit “or *fuel tax credit”, substitute “, *fuel tax credit or *CPRS fuel credit”.
21 Paragraph 105‑55(3)(c) in the Schedule
Omit “fuel tax credit”, substitute “fuel tax credit or CPRS fuel credit”.
22 At the end of subsection 105‑55(4) in the Schedule
Add:
; or (c) a *CPRS fuel credit for fuel that you acquire, manufacture, import, supply, or apply to your own use.
23 After subsection 105‑55(4) in the Schedule
Insert:
(4A) For the purposes of paragraph (4)(c), fuel and supply have the same respective meanings as in the Carbon Pollution Reduction Scheme (CPRS Fuel Credits) Act 2009.
24 Subsection 105‑55(5) in the Schedule
After “*fuel tax credit”, insert “or *CPRS fuel credit”.
25 After paragraph 382‑5(2)(h) in the Schedule
Insert:
(ha) if you are entitled to a *CPRS fuel credit for fuel that you acquire, manufacture, import, supply, or apply to your own use—the acquisition, manufacture, importation, supply, or application to own use; or
26 At the end of paragraph 382‑5(3)(b) in the Schedule
Add “or”.
27 After paragraph 382‑5(3)(b) in the Schedule
Insert:
(ba) a *CPRS fuel credit that is attributable to a tax period or fuel tax return period under subsection 10‑5(5) of the Carbon Pollution Reduction Scheme (CPRS Fuel Credits) Act 2009;
28 Paragraph 382‑5(3)(c) in the Schedule
Omit “or importation”, substitute “, manufacture, importation, supply, or application to own use”.
29 After subsection 382‑5(3) in the Schedule
Insert:
(3A) For the purposes of paragraphs (2)(h) and (3)(c), fuel and supply have the same respective meanings as in the Carbon Pollution Reduction Scheme (CPRS Fuel Credits) Act 2009.