Commonwealth Consolidated Acts

NEW VEHICLE EFFICIENCY STANDARD ACT 2024 - SECT 40

Application for units

  (1)   A person may apply for the Secretary to issue a specified number of units to the person under this section.

  (2)   The application must:

  (a)   be in writing; and

  (b)   meet the requirements (if any) prescribed by the rules; and

  (c)   be accompanied by the fee (if any) prescribed by the rules.

  (3)   A fee prescribed for the purposes of paragraph   (2)(c) must not be such as to amount to taxation.

Issue of units

  (4)   If a person makes an application under subsection   (1), the Secretary may issue one or more units to the person if:

  (a)   there is a covered vehicle for the person for a year beginning on or after 1   January 2025; and

  (b)   the person has a registry account; and

  (c)   at a time after the interim reconciliation day for the year either or both of the following subparagraphs apply:

  (i)   the number of grams of carbon dioxide emissions that are entered (in grams of carbon dioxide per kilometre) on the RAV in relation to the vehicle (the adjusted emissions number ) is different from the emissions number for the vehicle for the year;

  (ii)   the number of kilograms in the MIRO (mass in running order) that is entered on the RAV in relation to the vehicle (the adjusted MIRO number ) is different from the MIRO number for the vehicle for the year; and

  (d)   the person's interim emissions value for the year would be lower if it were worked out using:

  (i)   if only subparagraph   (c)(i) applies--the adjusted emissions number; or

  (ii)   if only subparagraph   (c)(ii) applies--the adjusted MIRO number; or

  (iii)   if both subparagraphs   (c)(i) and (ii) apply--the adjusted emissions number and the adjusted MIRO number.

  (5)   The number of units issued to the person must not exceed the difference between:

  (a)   the person's interim emissions value for the year; and

  (b)   the number that is equal to what the person's interim emissions value for the year would be if it were worked out using:

  (i)   if only subparagraph   (4)(c)(i) applies--the adjusted emissions number; or

  (ii)   if only subparagraph   (4)(c)(ii) applies--the adjusted MIRO number; or

  (iii)   if both subparagraphs   (4)(c)(i) and (ii) apply--the adjusted emissions number and the adjusted MIRO number.

Notice of decision

  (6)   If the Secretary decides:

  (a)   to not issue units to the person; or

  (b)   to issue fewer units to the person than the number of units specified in the application;

the Secretary must give the person written notice of the decision and the reasons for the decision.