House debates

Tuesday, 13 September 2011

Bills

Clean Energy (Unit Issue Charge — Auctions Bill 2011; Second Reading

Photo of Greg CombetGreg Combet (Charlton, Australian Labor Party, Minister for Climate Change and Energy Efficiency) Share this | | Hansard source

I move:

That this bill be now read a second time.

This bill anticipates the possibility that, under the carbon pricing mechanism, the charge payable by a person to the Commonwealth for the issue of a carbon unit as the result of an auction is a tax within the meaning of section 55 of the Constitution.

Applying abundant caution, the bill caters for the possibility that a unit issue charge is, in whole or in part, a tax. In those circumstances, this bill imposes the charge, but only to the extent the charge is neither a duty of customs nor a duty of excise. I commend the bill to the House.

Debate adjourned.