Competition and Consumer Act 2010
60FDCarbon tax removal substantiation statements
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60FD Carbon tax removal substantiation statements
Scope
(1) This section applies to an entity if the entity:
(a) is an electricity retailer that sells electricity to electricity customers; or
(b) is a natural gas retailer that sells natural gas to natural gas customers; or
(c) is a bulk SGG importer that sells synthetic greenhouse gas to SGG customers.
Carbon tax removal substantiation statement
(2) Within 30 days after the Royal Assent day, the entity must give to the Commission:
(a) a written statement that sets out:
(i) if the entity has electricity customers—the entity’s estimate, on an average annual percentage price basis, or an average annual dollar price basis, of the entity’s cost savings that have been, are, or will be, directly or indirectly attributable to the carbon tax repeal and that have been, are being, or will be, passed on to each class of electricity customers during the financial year that began on 1 July 2014; and
(ii) if the entity has natural gas customers—the entity’s estimate, on an average annual percentage price basis, or an average annual dollar price basis, of the entity’s cost savings that have been, are, or will be, directly or indirectly attributable to the carbon tax repeal and that have been, are being, or will be, passed on to each class of natural gas customers during the financial year that began on 1 July 2014; and
(iii) if the entity has SGG customers—the entity’s estimate, on an average annual percentage price basis, or an average annual dollar price basis, of the entity’s cost savings that have been, are, or will be, directly or indirectly attributable to the carbon tax repeal and that have been, are being, or will be, passed on to each class of SGG customers during the financial year that began on 1 July 2014; and
(b) information that substantiates the estimate or estimates set out in the statement.
Note: Section 137.1 of the Criminal Code creates an offence of providing false or misleading information.
(3) A statement under paragraph (2)(a) is to be known as a carbon tax removal substantiation statement.
(4) If the entity has given a carbon tax removal substantiation statement to the Commission, the entity must ensure that a copy of the statement is available on the entity’s website, in a way that is readily accessible by the public, until the end of 30 June 2015.
Compliance
(5) An entity commits an offence if:
(a) the entity is subject to a requirement under subsection (2) or (4); and
(b) the entity is capable of complying with the requirement; and
(c) the entity omits to do an act; and