Income Tax Assessment Act 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

PART 3-50 - CLIMATE CHANGE  

Division 421 - Hydrogen production tax incentive  

Subdivision 421-A - Tax offset for hydrogen produced in Australia  

SECTION 421-40   Correction notice for registered PGO certificate  

421-40(1)    
The Clean Energy Regulator must issue a notice (a correction notice ) for a * registered PGO certificate that relates to a kilogram of hydrogen if:

(a) the * initial reconciliation period for the PGO certificate has ended; and

(b) the PGO certificate states:

(i) that the kilogram of hydrogen has a * production emissions intensity that is less than or equal to 0.6 kilograms of carbon dioxide per 1 kilogram of hydrogen; and

(ii) if the facility that produced the hydrogen is connected to an electricity grid - that the electricity (if any) that the facility obtained from the grid and used to produce the kilogram of hydrogen satisfies the * grid matching requirements; and

(c) the Clean Energy Regulator is satisfied that one or both of the conditions in subparagraphs (b)(i) and (ii) are not met.

421-40(2)    
The * correction notice must state that the Clean Energy Regulator is satisfied that one or both of the conditions in subparagraphs (1)(b)(i) and (ii) are not met.

421-40(3)    
The * correction notice is in force until it is revoked under subsection (4) .

Revocation of correction notice

421-40(4)    
The Clean Energy Regulator may, in writing, revoke a * correction notice for a * registered PGO certificate that relates to a kilogram of hydrogen if the Clean Energy Regulator is satisfied that:

(a) the * initial reconciliation period for the PGO certificate had not ended at the time when the correction notice was issued, and that period has still not ended; or

(b) the PGO certificate does not state that the conditions in subparagraphs (1)(b)(i) and (ii) are met in relation to the kilogram of hydrogen; or

(c) the conditions in subparagraphs (1)(b)(i) and (ii) are met in relation to the kilogram of hydrogen.

Copies of correction notice and revocation

421-40(5)    
If the Clean Energy Regulator:

(a) issues a * correction notice under subsection (1) for a * registered PGO certificate that relates to a kilogram of hydrogen; or

(b) revokes such a correction notice under subsection (4) ;

then the Clean Energy Regulator must give copies of the correction notice or the revocation to the following:

(c) each person who is, at the time the correction notice is issued or revoked, the * holder of a * registered production profile that specifies the facility at which the hydrogen was produced;

(d) the Commissioner.

Other matters

421-40(6)    
Subsection (1) and paragraph (4)(c) do not impose a duty on the Clean Energy Regulator to:

(a) seek information about whether the conditions in subparagraphs (1)(b)(i) and (ii) are met; or

(b) consider whether the Clean Energy Regulator is satisfied that those conditions are, or are not, met.

421-40(7)    
The issuing of a * correction notice for a * registered PGO certificate does not have any effect on the content or status of the PGO certificate under the Future Made in Australia (Guarantee of Origin Act) 2024 .