92AOpt‑in Scheme

#### 92A Opt‑in Scheme (1) The regulations may formulate a scheme (to be known as the Opt‑in Scheme) that: (a) provides that, if: (i) during an eligible financial year, a person acquires, manufactures or imports an amount of taxable fuel of a kind specified in the scheme; and (ii) an entity is entitled to a fuel tax credit in respect of that acquisition, manufacture or import, as the case may be; and (iii) under the scheme, a person is, as the result of an application made by the person, taken to be a designated opt‑in person in respect of an amount of fuel (the opt‑in amount), being some or all of the amount mentioned in subparagraph (i); and (iv) the designated opt‑in person passes the eligibility test set out in subsection (4) in respect of that acquisition, manufacture or import, as the case may be; and (v) the conditions (if any) set out in the scheme are satisfied; and (vi) the potential greenhouse gas emissions embodied in the opt‑in amount have a carbon dioxide equivalence of a particular number of tonnes; then, for the purposes of the scheme, that number is a preliminary emissions number of the designated opt‑in person for the eligible financial year; and (b) provides that if, under the scheme, a designated opt‑in person has one or more preliminary emissions numbers for an eligible financial year, then, for the purposes of this Act: (i) the sum of those preliminary emissions numbers is a provisional emissions number of the designated opt‑in person for the eligible financial year; and (ii) the designated opt‑in person is a liable entity for the eligible financial year. (2) It is immaterial whether the entity mentioned in subparagraph (1)(a)(ii) is the person mentioned in subparagraph (1)(a)(i). (3) It is immaterial whether the person mentioned in subparagraph (1)(a)(iii) is: (a) the person mentioned in subparagraph (1)(a)(i); or (b) the entity mentioned in subparagraph (1)(a)(ii). (4) For the purposes of this section, a designated opt‑in person passes the eligibility test in respect of an acquisition, manufacture or import of taxable fuel during a financial year if: (a) in a case where: (i) the designated opt‑in person was a member of a GST group at the start of the financial year; and (ii) if it were assumed that the fuel had been acquired, manufactured or imported, as the case may be, at the start of the financial year—the entity that would have been entitled to a fuel tax credit in respect of that acquisition, manufacture or import, as the case may be, would have consisted of the members of the GST group; the fuel was acquired, manufactured or imported, as the case may be, by a person who was a member of the GST group as at the start of the financial year; or (b) in a case where: (i) the designated opt‑in person was a participant in a GST joint venture, or the joint venture operator of a GST joint venture, at the start of the financial year; and (ii) if it were assumed that the fuel had been acquired, manufactured or imported, as the case may be, at the start of the financial year—the entity that would have been entitled to a fuel tax credit in respect of that acquisition, manufacture or import, as the case may be, would have consisted of the participants in the GST joint venture or the joint venture operator of the GST joint venture; the fuel was acquired, manufactured or imported, as the case may be, by a person who was a participant in the GST joint venture, or the joint venture operator of the GST joint venture, as at the start of the financial year; or (c) in any other case—the designated opt‑in person is the entity that was entitled to a fuel tax credit in respect of that acquisition, manufacture or import, as the case may be. (4AA) It is immaterial whether the designated opt‑in person is: (a) the person last mentioned in paragraph (4)(a); or (b) the person last mentioned in paragraph (4)(b). (4AB) For the purposes of subparagraphs (4)(a)(ii) and (b)(ii), in determining the entity that would have been entitled to a fuel tax credit in respect of an acquisition, manufacture or import of taxable fuel, disregard: (a) so much of subsection 70‑5(2) of the Fuel Tax Act 2006 as does not consist of the table; and (b) column 2 of the table in that subsection. (4A) For the purposes of this section, in determining whether an entity is entitled to a fuel tax credit in respect of the acquisition, manufacture or import of an amount of taxable fuel, disregard section 41‑30 of the Fuel Tax Act 2006. (5) Regulations made for the purposes of subparagraph (1)(a)(iii) may empower the Regulator to declare that a specified person is taken to be a designated opt‑in person in respect of an amount of fuel. (6) The Minister must take all reasonable steps to ensure that regulations are made for the purposes of subsection (1) before 15 December 2012. (7) For the purposes of this section, eligible financial year does not include a financial year that begins before 1 July 2013. (8) For the purposes of this section, entity has the same meaning as in the Fuel Tax Act 2006. (8A) For the purposes of this section, joint venture operator has the same meaning as in the Fuel Tax Act 2006. (9) For the purposes of this section, participant has the same meaning as in the Fuel Tax Act 2006.