House debates

Tuesday, 13 September 2011

Bills

Clean Energy (Charges — Customs) Bill 2011; Second Reading

1:26 pm

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 issue of a carbon unit as the result of an auction, or for a fixed charge, or on a unit shortfall, is a duty of customs within the meaning of section 55 of the Constitution.

Applying abundant caution, the bill caters for the possibility that such a charge is, in whole or in part, both a duty of customs and a tax that is not a duty of customs by providing for the imposition of such a charge under the bill. I commend the bill to the House.

Debate adjourned.