Document ID: chunk:federal_register_of_legislation:C2011A00164:clause:1_4a
Version: federal_register_of_legislation:C2011A00164
Segment Type: clause
Provision Reference: sch 1 cl 4A
Character Range: 8464–10665

4A  Import levy—SGG equipment
 (1) If:
 (a) an ODS/SGG equipment licence allows the licensee to import SGG equipment; and
 (b) the licensee imports SGG equipment during a quarter during which the licence is in force;
levy is imposed on the licensee in respect of that import.
 (2) Subsection (1) does not apply to the import of:
 (a) SGG equipment prescribed by the regulations; or
 (b) SGG equipment specified in a legislative instrument made by the Minister.
 (3) Subsection (1) does not apply to the import of SGG equipment if the import is covered by paragraph 13(6A)(b) of the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989.
 (4) For the purposes of this section, if a licence is in force for only part of a particular quarter, that part is taken to be a quarter.
 (5) The amount of levy imposed by subsection (1) on a licensee in respect of the import of SGG equipment during a quarter is the amount worked out using the following formula:
where:
applicable charge means:
 (a) if the quarter is in a fixed charge year—the per unit charge applicable under subsection 100(1) of the Clean Energy Act 2011 for the issue of a carbon unit with a vintage year of that fixed charge year; or
 (b) if the quarter is in a flexible charge year—the benchmark average auction charge for the previous financial year.
prescribed rate means the rate prescribed by the regulations.
 (6) The prescribed rate must not exceed $165 per tonne.
 (7) For the purposes of subsection (5), disregard an SGG that is used, or for use, for a purpose prescribed by the regulations.
 (8) Unless sooner revoked, a legislative instrument made under paragraph (2)(b) ceases to be in force 12 months after it is registered under the Legislative Instruments Act 2003.
 (9) The Minister must not make a recommendation to the Governor‑General about regulations to be made for the purposes of subsection (7) unless the Minister is satisfied that:
 (a) it would be impracticable to work out an amount of levy by reference to an SGG that is used, or for use, for a purpose to be prescribed by the regulations; or
 (b) a purpose to be prescribed by those regulations is a medical, veterinary, health or safety purpose.