Document ID: chunk:federal_register_of_legislation:C2025A00009:clause:1_3:p3
Version: federal_register_of_legislation:C2025A00009
Segment Type: clause
Provision Reference: sch 1 cl 3 (pt 3/14)
Character Range: 11392–14168

year in respect of one or more kilograms of hydrogen, the amount of the offset for the income year is $2 in respect of each whole kilogram of hydrogen.
 (2) However, if:
 (a) *HPTO community benefit rules under paragraph 421‑45(1)(b) apply to the company for the income year; and
 (b) circumstances specified in those rules exist for the company;
then the amount of the *hydrogen production tax offset is reduced by the proportion specified in those rules for those circumstances.

421‑15  When hydrogen is produced
 (1) For the purposes of this Division, a kilogram of hydrogen is taken to be produced at a facility at the time when the last part of the batch of hydrogen that contains the kilogram leaves the production gate (within the meaning of the Future Made in Australia (Guarantee of Origin) Act 2024) for hydrogen at the facility.
 (2) However, if:
 (a) the production of the batch of hydrogen commenced before 1 July 2027; and
 (b) the last part of the batch of hydrogen leaves the production gate for hydrogen at the facility on or after 1 July 2027;
then, for the purposes of this Division, each kilogram of hydrogen contained in the batch is taken to be produced at the facility before 1 July 2027.
Note: A company is not entitled to the hydrogen production tax offset in respect of hydrogen produced before 1 July 2027: see paragraph 421‑5(1)(a).

421‑20  Production emissions intensity
 (1) This section applies if there is a *registered PGO certificate that:
 (a) relates to a particular quantity of hydrogen (for example, a particular kilogram of hydrogen); and
 (b) states that the quantity of hydrogen was produced at a particular facility in accordance with a particular *production pathway.
 (2) The production emissions intensity of the quantity of hydrogen is the emissions intensity of that quantity of hydrogen taking into account all, and only, greenhouse gases emitted in relation to that quantity of hydrogen from production emissions sources for the *production pathway.
 (3) In subsection (2), emissions intensity, greenhouse gas and production emissions source have the same meaning as in the Future Made in Australia (Guarantee of Origin) Act 2024.

421‑25  Grid matching requirements
  The grid matching requirements are the requirements prescribed by the Minister by legislative instrument for the purposes of this section.

421‑30  Offset period

Notice of offset start date
 (1) The *holder of a *registered production profile may, by notice given to the Commissioner in the *approved form, specify for the purposes of this section a date (the offset start date) in relation to the production of hydrogen:
 (a) at a particular facility specified in the profile; and
 (b) in accordance with a particular *production pathway specified in the