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 421-55   Certification of production profile  
Certification

421-55(1)    
If:

(a) the Clean Energy Regulator receives an application for a * registered production profile to be certified in relation to a facility and a * production pathway from a particular time (the start time ); and

(b) the Clean Energy Regulator is satisfied that:

(i) the condition in subsection (3) was met at the start time, and has continued to be met since that time; and

(ii) the conditions in subsections (5) (if applicable) and (7) are met;

then:

(c) Clean Energy Regulator must, in writing, certify the registered production profile in relation to the facility and the production pathway; and

(d) the instrument of certification must state that the certification has effect from the start time.

Exception - failure to provide information etc.

421-55(2)    
However, the Clean Energy Regulator may refuse to certify a * registered production profile under subsection (1) if:

(a) the Clean Energy Regulator has given the * holder of the production profile a notice under section 421-70(1) that relates to the application for 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.

Condition relating to facility and production pathway

421-55(3)    
The condition in this subsection is that:

(a) the facility is located on a single site in Australia; and

(b) the facility has a capacity to produce hydrogen, in accordance with the * production pathway, that is at least equal to that of an electrolyser with a nameplate capacity of 10 megawatts; and

(c) the production pathway does not involve producing hydrogen using any of the following:

(i) coal gasification;

(ii) steam reformation of natural gas (within the meaning of the National Greenhouse and Energy Reporting Act 2007 );

(iii) a process prescribed by the regulations for the purposes of this subparagraph.

Note:

The Clean Energy Regulator may prescribe circumstances in which a facility is taken to have the capacity mentioned in paragraph (b) (see section 421-60 ).

Condition relating to early investment

421-55(4)    
Subsection (5) applies if the start time for the certification (see subsection (1) ) is on or after 1 July 2030.

421-55(5)    
The condition in this subsection is that a final investment decision was made before 1 July 2030 to:

(a) construct the facility with a capacity to produce hydrogen, in accordance with the * production pathway, that is at least equal to the nominal capacity of the facility to produce hydrogen in accordance with the production pathway; or

(b) upgrade the facility so that it has a capacity to produce hydrogen, in accordance with the production pathway, that is at least equal to that nominal capacity.

421-55(6)    
For the purposes of subsection (5) , the nominal capacity of the facility to produce hydrogen in accordance with the * production pathway is the capacity of the facility, at the start time, to produce hydrogen in accordance with the production pathway.

Note:

The Clean Energy Regulator may prescribe how the capacity of a facility to produce hydrogen is to be determined (see section 421-60 ).

Condition relating to eligibility statement

421-55(7)    
The condition in this subsection is that, on the basis of information that the Clean Energy Regulator possesses at the time when the instrument of certification is made, it would not be reasonable for the Clean Energy Regulator to believe that the eligibility statement for the * registered production profile that accompanied the application for certification (see paragraph 421-50(3)(c) ) is incorrect.

Note:

The Clean Energy Regulator does not have a duty to seek information about whether the eligibility statement is correct (see subsection (9) ).

Notification of certification

421-55(8)    
If the Clean Energy Regulator certifies a * registered production profile with effect from a particular time (the start time ), the Clean Energy Regulator must notify the following of the certification:

(a) the person who applied under section 421-50 for the certification;

(b) the person who was the * holder of the production profile at the start time;

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

(i) the start time; and

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

(d) the Commissioner.

No duty to seek information about eligibility statement

421-55(9)    
This section does not impose a duty on the Clean Energy Regulator to seek information relevant to assessing whether the eligibility statement for the * registered production profile is incorrect that goes beyond:

(a) information possessed by the Clean Energy Regulator at the time when the Clean Energy Regulator received the application for certification of the registered production profile; and

(b) information that was contained in, or that accompanied, that application.