Future Made in Australia (Guarantee of Origin Charges) Act 2024

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au C2024A00122 In force Act

Legislation content

 

 

 

 

 

 

Future Made in Australia (Guarantee of Origin Charges) Act 2024

No. 122, 2024

 

 

 

 

 

An Act to impose charges on profiles and facilities registered under the Future Made in Australia (Guarantee of Origin) Act 2024, and for related purposes

 

 

 

Contents

Part 1—Preliminary

1 Short title

2 Commencement

3 Act to bind Crown

4 Extension to external Territories

5 Extra‑territorial application

6 Act does not impose tax on property of a State

7 Act does not impose charge that is a duty of customs or excise

8 Definitions

Part 2—Charges

9 Charge payable in relation to production profile

10 Charge payable in relation to delivery profile

11 Charge payable in relation to consumption profile

12 Charge payable in relation to accredited power station

13 Charge payable in relation to electricity generation system other than an accredited power station

14 Charge payable in relation to energy storage system

15 Charge payable in relation to aggregated system

16 Matters relating to amount of charges

Part 3—Miscellaneous

17 Exemptions from charges

18 Regulations

 

 

 

Future Made in Australia (Guarantee of Origin Charges) Act 2024

No. 122, 2024

 

 

 

An Act to impose charges on profiles and facilities registered under the Future Made in Australia (Guarantee of Origin) Act 2024, and for related purposes

[Assented to 10 December 2024]

The Parliament of Australia enacts:

Part 1—Preliminary

 

1  Short title

  This Act is the Future Made in Australia (Guarantee of Origin Charges) Act 2024.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this Act

The later of:

(a) the start of the day after this Act receives the Royal Assent; and

(b) at the same time as the Future Made in Australia (Guarantee of Origin) Act 2024 commences.

However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur.

3 November 2025

(paragraph (b) applies)

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Act to bind Crown

  This Act binds the Crown in right of each of the States, of the Australian Capital Territory and of the Northern Territory. However, it does not bind the Crown in right of the Commonwealth.

4  Extension to external Territories

  This Act extends to the external Territories.

5  Extra‑territorial application

  This Act extends to acts, omissions, matters and things outside Australia.

6  Act does not impose tax on property of a State

 (1) This Act does not impose a tax on property of any kind belonging to a State.

 (2) In this section, property of any kind belonging to a State has the same meaning as in section 114 of the Constitution.

7  Act does not impose charge that is a duty of customs or excise

  This Act imposes charge only so far as that charge is neither a duty of customs nor a duty of excise within the meaning of section 55 of the Constitution.

8  Definitions

  In this Act:

accredited power station has the same meaning as in the Future Made in Australia (Guarantee of Origin) Act 2024.

aggregated system has the same meaning as in the Future Made in Australia (Guarantee of Origin) Act 2024.

consumption profile has the same meaning as in the Future Made in Australia (Guarantee of Origin) Act 2024.

delivery profile has the same meaning as in the Future Made in Australia (Guarantee of Origin) Act 2024.

production profile has the same meaning as in the Future Made in Australia (Guarantee of Origin) Act 2024.

registered profile has the same meaning as in the Future Made in Australia (Guarantee of Origin) Act 2024.

registered renewable electricity facility has the same meaning as in the Future Made in Australia (Guarantee of Origin) Act 2024.

Part 2—Charges

 

9  Charge payable in relation to production profile

 (1) A charge is imposed by this subsection on a production profile, for a financial year ending on or after the commencement of this section, if the profile is a registered profile at any time during the financial year.

 (2) The amount of charge is the amount prescribed by the regulations.

10  Charge payable in relation to delivery profile

 (1) A charge is imposed by this subsection on a delivery profile, for a financial year ending on or after the commencement of this section, if the profile is a registered profile at any time during the financial year.

 (2) The amount of charge is the amount prescribed by the regulations.

11  Charge payable in relation to consumption profile

 (1) A charge is imposed by this subsection on a consumption profile, for a financial year ending on or after the commencement of this section, if the profile is a registered profile at any time during the financial year.

 (2) The amount of charge is the amount prescribed by the regulations.

12  Charge payable in relation to accredited power station

 (1) A charge is imposed by this subsection on a facility that is an accredited power station, for a financial year ending on or after the commencement of this section, if the facility is a registered renewable electricity facility at any time during the financial year.

 (2) The amount of charge is the amount prescribed by the regulations.

13  Charge payable in relation to electricity generation system other than an accredited power station

 (1) A charge is imposed by this subsection on a facility that is an electricity generation system other than an accredited power station, for a financial year ending on or after the commencement of this section, if the facility is a registered renewable electricity facility at any time during the financial year.

 (2) The amount of charge is the amount prescribed by the regulations.

14  Charge payable in relation to energy storage system

 (1) A charge is imposed by this subsection on a facility that is an energy storage system, for a financial year ending on or after the commencement of this section, if the facility is a registered renewable electricity facility at any time during the financial year.

 (2) The amount of charge is the amount prescribed by the regulations.

15  Charge payable in relation to aggregated system

 (1) A charge is imposed by this subsection on a facility that is an aggregated system, for a financial year ending on or after the commencement of this section, if the facility is a registered renewable electricity facility at any time during the financial year.

 (2) The amount of charge is the amount prescribed by the regulations.

16  Matters relating to amount of charges

 (1) Without limiting subsection 33(3A) of the Acts Interpretation Act 1901, the regulations may prescribe an amount (including a nil amount) of charge:

 (a) by specifying an amount as the charge; or

 (b) by specifying a method for calculating the amount of the charge; or

 (c) by specifying different amounts, or different methods, for different circumstances.

 (2) Before the Governor‑General makes regulations for the purposes of this Part, the Minister must be satisfied that the effect of those regulations will be to recover no more than the Commonwealth’s likely costs in connection with the administration of the Future Made in Australia (Guarantee of Origin) Act 2024.

Part 3—Miscellaneous

 

17  Exemptions from charges

  The regulations may provide for exemptions from a charge imposed by subsection 9(1), 10(1), 11(1), 12(1), 13(1), 14(1) or 15(1).

18  Regulations

  The Governor‑General may make regulations prescribing matters:

 (a) required or permitted by this Act to be prescribed by the regulations; or

 (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 12 September 2024

Senate on 28 November 2024]

 

(114/24)

 

Overview

The Future Made in Australia (Guarantee of Origin Charges) Act 2024, enacted by the Parliament of Australia, aims to impose charges on profiles and facilities registered under the Future Made in Australia (Guarantee of Origin) Act 2024. The Act was assented to on 10 December 2024 and is designed to address the need for a regulatory framework that ensures financial sustainability for the administration of the Guarantee of Origin Scheme, which certifies the origin of renewable energy. The Act specifies that it binds the Crown in right of each of the States, the Australian Capital Territory, and the Northern Territory, but not the Crown in right of the Commonwealth. It also extends to external territories and acts, omissions, matters, and things outside Australia, while explicitly stating that it does not impose a tax on property of any kind belonging to a State or a charge that constitutes a duty of customs or excise. The Act sets out various charges applicable to different types of profiles and facilities, including production, delivery, and consumption profiles, as well as accredited power stations, electricity generation systems other than accredited power stations, energy storage systems, and aggregated systems. The amount of these charges is to be prescribed by regulations, with the condition that the Minister must be satisfied that the effect of those regulations will be to recover no more than the Commonwealth’s likely costs in connection with the administration of the Future Made in Australia (Guarantee of Origin) Act 2024. Furthermore, the regulations may provide for exemptions from these charges, and the Governor-General has the authority to make regulations prescribing matters required or necessary for carrying out or giving effect to the Act.

Scope and Application

The Future Made in Australia (Guarantee of Origin Charges) Act 2024 imposes charges on various profiles and facilities registered under the Future Made in Australia (Guarantee of Origin) Act 2024, including production, delivery, and consumption profiles, as well as facilities such as accredited power stations, electricity generation systems, energy storage systems, and aggregated systems. These charges apply to entities that operate these profiles or facilities within Australia, including its external territories, and extend to acts and omissions outside Australia. The Act binds the Crown in right of the States and the Australian Capital Territory but does not bind the Crown in right of the Commonwealth. Notably, this legislation does not impose a tax on property of a State as defined in section 114 of the Constitution nor does it impose a charge that is a duty of customs or excise. The Act's application can be further extended or modified through subordinate regulations, which may specify the charge amounts and methods for calculating these charges, subject to the condition that the regulations recover no more than the Commonwealth's likely administrative costs associated with the Future Made in Australia (Guarantee of Origin) Act 2024. Exemptions from these charges may also be provided for through regulations.

Key Provisions

The Future Made in Australia (Guarantee of Origin Charges) Act 2024 (the "Act") primarily imposes charges on profiles and facilities registered under the Future Made in Australia (Guarantee of Origin) Act 2024. Section 9 imposes a charge on production profiles, section 10 on delivery profiles, and section 11 on consumption profiles. Sections 12, 13, 14, and 15 impose charges on facilities that are accredited power stations, electricity generation systems (other than accredited power stations), energy storage systems, and aggregated systems, respectively, provided these facilities are registered renewable electricity facilities. The amount of these charges is prescribed by regulations. The Act also allows for the exemption of certain charges through regulations (section 17). The Act imposes specific obligations on entities and facilities subject to these charges. Registered profiles and facilities must ensure they are compliant with the registration requirements under the Future Made in Australia (Guarantee of Origin) Act 2024, as the charges are contingent upon registration. Furthermore, the Minister must be satisfied that the regulations prescribing the charge amounts will recover no more than the Commonwealth’s likely costs in connection with the administration of the aforementioned Act. The Governor-General has the authority to make regulations necessary or convenient for carrying out or giving effect to this Act (section 18). Under this Act, there are no explicit provisions detailing offences, penalties, or consequences for breach. However, the regulations made under the Act may include provisions that could result in civil or administrative penalties for non-compliance. The precise nature and extent of these penalties would depend on the specific regulations made under the Act.

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Area of Law
Environmental Law
Instrument
Act
Concepts
Commencement Provisions
Charges
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.