Document ID: chunk:federal_register_of_legislation:C2025C00178:section:41
Version: federal_register_of_legislation:C2025C00178
Segment Type: section
Provision Reference: s 41
Character Range: 44200–46218

41  Destroyed vehicles

Application for units
 (1) A person may apply for the Secretary to issue a specified number of units to the person, under this section, in respect of a specified covered vehicle for the person for a year beginning on or after 1 January 2025.
 (2) The application must:
 (a) be in writing; and
 (b) meet the requirements (if any) prescribed by the rules; and
 (c) be accompanied by the fee (if any) prescribed by the rules.
 (3) A fee prescribed for the purposes of paragraph (2)(c) must not be such as to amount to taxation.

Issue of units
 (4) If a person makes an application under subsection (1), the Secretary may issue one or more units to the person if:
 (a) the Secretary is satisfied that:
 (i) the vehicle was destroyed before the final reconciliation day for the year; and
 (ii) the vehicle was not provided to a consumer for the first time in Australia; and
 (b) the destroyed vehicle adjustment for the vehicle for the year is more than zero; and
 (c) the person has a registry account.
 (5) The number of units issued to the person in respect of the vehicle must not exceed the destroyed vehicle adjustment for the vehicle for the year.
 (6) The destroyed vehicle adjustment for a vehicle for a year is the number worked out using the following formula (rounded to the nearest whole number and rounded up if the first decimal place is 5 or more):
where:
E is the emissions number for the vehicle for the year.
ET is the emissions target for the vehicle for the year.
 (7) For the purposes of subparagraph (4)(a)(ii), providing a vehicle includes the provision of the vehicle due to a sale, exchange, gift, lease, loan, hire or hire‑purchase.

Notice of decision
 (8) If the Secretary decides:
 (a) to not issue units to the person; or
 (b) to issue fewer units to the person than the number of units specified in the application;
the Secretary must give the person written notice of the decision and the reasons for the decision.

Division 3—Extinguishment and transfer of units