Document ID: chunk:federal_register_of_legislation:C2025A00009:clause:1_3:p8
Version: federal_register_of_legislation:C2025A00009
Segment Type: clause
Provision Reference: sch 1 cl 3 (pt 8/14)
Character Range: 23799–26632

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 421‑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