Income Tax Assessment Act 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

PART 3-50 - CLIMATE CHANGE  

Division 421 - Hydrogen production tax incentive  

Subdivision 421-B - Certification of production profiles  

SECTION 421-65   Revocation of certification  

421-65(1)    
This section applies if a * production profile has been certified in relation to a facility and a * production pathway with effect from a particular time (the original start time ).

Revocation - substantive grounds

421-65(2)    
The Clean Energy Regulator may, in writing, revoke the certification if:

(a) on or after the original start time, the registration of the * production profile is suspended, cancelled or surrendered under the Future Made in Australia (Guarantee of Origin) Act 2024 ; or

(b) there is a time, on or after the original start time, when the condition in subsection 421-55(3) of this Act (condition relating to facility and production pathway) is not met in relation to the facility and the * production pathway; or

(c) at the time when the instrument of revocation made, the Clean Energy Regulator reasonably believes that the eligibility statement for the production profile that accompanied the application for certification (see paragraph 421-50(3)(c) ) is incorrect.

421-65(3)    
A revocation under subsection (2) has effect from the time (the new end time for the certification) specified in the instrument of revocation, which must be:

(a) if the certification is revoked under paragraph (2)(a) - the time when the registration of the * production profile was suspended, cancelled or surrendered; or

(b) if the certification is revoked under paragraph (2)(b) - the earliest time, on or after the original start time, when the condition in subsection 421-55(3) is not met in relation to the facility and the * production pathway; or

(c) if the certification is revoked under paragraph (2)(c) - no earlier than the time when the instrument of revocation is made.

Note:

If the certification is revoked under paragraph (2)(a) or (b) , the revocation will have retrospective effect.

Revocation - failure to provide information etc.

421-65(4)    
In addition, the Clean Energy Regulator may, in writing, revoke the certification if:

(a) the Clean Energy Regulator has given the * holder of the * production profile a notice under section 421-70(2) that relates to the certification, requesting that the holder give the Clean Energy Regulator specified information, documents or other materials before a specified time; and

(b) the holder of the production profile does not comply with the request before the specified time.

421-65(5)    
A revocation under subsection (4) has effect from the time (also the new end time for the certification) specified in the instrument of revocation, which must not be before the time specified in the notice mentioned in paragraph (4)(a) .

Note:

A revocation under subsection (4) may be given retrospective effect.

Consequences of revocation

421-65(6)    
If the new end time for the certification is the same as the original start time, then the certification is taken never to have been in effect.

421-65(7)    
If the new end time for the certification is later than the original start time, then:

(a) the certification is taken to have been in effect for the period that:

(i) begins at the original start time; and

(ii) ends at the new end time; and

(b) the certification is taken not to have been in effect after the new end time.

Note:

The operation of subsections (6) and (7) may affect whether paragraph 421-5(1)(c) (which sets out a condition for entitlement to the hydrogen production tax offset) is satisfied in a particular case.

421-65(8)    
If a certification of a * production profile that relates to a particular facility and * production pathway is revoked, that does not prevent:

(a) an application later being made for a new certification of the production profile, including a certification that relates to the same facility and production pathway; or

(b) the Clean Energy Regulator subsequently issuing such a new certification of the production profile.

Notification of revocation

421-65(9)    
If the Clean Energy Regulator revokes a certification of a * production profile, the Clean Energy Regulator must notify the following of the revocation:

(a) the person who was the * holder of the production profile at the original start time for the certification;

(b) each person who was a holder of the production profile at any time between:

(i) the original start time for the certification; and

(ii) the time when the instrument of revocation is made;

(c) the Commissioner.