the income year:

starts on or after 1 July 2027; and

ends before 1 July 2040; and

there is a *registered PGO certificate that relates to the kilogram of hydrogen and which states:

that the kilogram of hydrogen was produced at a particular facility that is specified in a *production profile, in accordance with a particular *production pathway that is specified in that production profile; and

that the kilogram of hydrogen has a *production emissions intensity that is less than or equal to 0.6 kilograms of carbon dioxide per 1 kilogram of hydrogen (see section 421-20); and

if the facility is connected to an electricity grid—that the electricity (if any) that the facility obtained from the grid and used to produce the kilogram of hydrogen satisfies the *grid matching requirements (see section 421-25); and

at the time when the kilogram of hydrogen was produced, the production profile mentioned in subparagraph (b)(i) of this subsection was certified in relation to the facility and the production pathway under Subdivision 421-B; and

the kilogram of hydrogen was produced during the *offset period for the facility and the production pathway (see section 421-30); and

the *initial reconciliation period for the PGO certificate has ended (see section 421-35); and

no *correction notice for the PGO certificate is in force (see section 421-40); and

the company satisfies the requirements in subsection (2) of this section.

the company is a *constitutional corporation; and

(b) the company was the person who created the *registered PGO certificate under the Future Made in Australia (Guarantee of Origin) Act 2024; and

the company created the PGO certificate in the course of carrying on an enterprise in the indirect tax zone; and

at each time when the company carries on that enterprise in the indirect tax zone during the income year, either:

the company is an Australian resident and has an *ABN; or

the company is a foreign resident and has a *permanent establishment in Australia and an ABN; and

the company is not an *exempt entity; and

if *HPTO community benefit rules under paragraph 421-45(1)(a) of this Act apply to the company for the income year—the company meets the conditions specified in those rules.

*HPTO community benefit rules under paragraph 421-45(1)(b) apply to the company for the income year; and

circumstances specified in those rules exist for the company;

the production of the batch of hydrogen commenced before 1 July 2027; and

the last part of the batch of hydrogen leaves the production gate for hydrogen at the facility on or after 1 July 2027;

relates to a particular quantity of hydrogen (for example, a particular kilogram of hydrogen); and

states that the quantity of hydrogen was produced at a particular facility in accordance with a particular *production pathway.

at a particular facility specified in the profile; and

in accordance with a particular *production pathway specified in the profile.

must be the first day of an income year for the *holder of the *registered production profile; and

must not be earlier than the first day of the income year for the holder of the registered production profile in which the notice is given; and

must be:

on or after 1 July 2027; and

before 1 July 2040.

starts at the beginning of the offset start date specified in the notice; and

ends at the earlier of the following:

the end of the period of 10 years starting on the offset start date;

the end of 30 June 2040.

two or more notices are given under subsection (1) in relation to the same facility (whether the notices are given at the same time or at different times); and

the Clean Energy Regulator determines under subsection (7) that a group consisting of 2 or more of those notices should be treated together for the purposes of subsection (5);

the nature of the facility; and

the nature of the *production pathways specified in the notices; and

if some of the notices are given at different times—the nature of any changes to the facility made between those times.

(a) starts immediately after the end of the financial year (the registration year for the certificate) in which the certificate was registered; and

ends at the time specified by subsection (2) or (3), whichever is later.

(a) a person is given a statement under Future Made in Australia (Guarantee of Origin Act) 2024; andsection 60 of the

the statement relates to PGO certificate activity (within the meaning of that Act) in connection with the *registered PGO certificate in the registration year for the certificate;

(a) a person is given a statement under Future Made in Australia (Guarantee of Origin Act) 2024 (the Guarantee of Origin Act); andsection 60 of the

the statement relates to PGO certificate activity (within the meaning of the Guarantee of Origin Act) in connection with the *registered PGO certificate in the registration year for the certificate; and

after the end of the registration year, and at or before the time specified by subsection (2) of this section, the person gives the Clean Energy Regulator declarations and information of the kind mentioned in paragraph 61(b) of the Guarantee of Origin Act; and

the declarations include a declaration that particular information stated in the registered PGO certificate is not accurate or complete;

(a) the *initial reconciliation period for the PGO certificate has ended; and

the PGO certificate states:

that the kilogram of hydrogen has a *production emissions intensity that is less than or equal to 0.6 kilograms of carbon dioxide per 1 kilogram of hydrogen; and

if the facility that produced the hydrogen is connected to an electricity grid—that the electricity (if any) that the facility obtained from the grid and used to produce the kilogram of hydrogen satisfies the *grid matching requirements; and

the Clean Energy Regulator is satisfied that one or both of the conditions in subparagraphs (b)(i) and (ii) are not met.

the *initial reconciliation period for the PGO certificate had not ended at the time when the correction notice was issued, and that period has still not ended; or

the PGO certificate does not state that the conditions in subparagraphs (1)(b)(i) and (ii) are met in relation to the kilogram of hydrogen; or

the conditions in subparagraphs (1)(b)(i) and (ii) are met in relation to the kilogram of hydrogen.

issues a *correction notice under subsection (1) for a *registered PGO certificate that relates to a kilogram of hydrogen; or

revokes such a correction notice under subsection (4);

each person who is, at the time the correction notice is issued or revoked, the *holder of a *registered production profile that specifies the facility at which the hydrogen was produced;

the Commissioner.

seek information about whether the conditions in subparagraphs (1)(b)(i) and (ii) are met; or

consider whether the Clean Energy Regulator is satisfied that those conditions are, or are not, met.

rules that:

apply to companies within a specified class for an income year; and

specify conditions that must be met for such a company to be entitled to a *hydrogen production tax offset for the income year;

rules that:

apply to companies within a specified class for an income year; and

specify circumstances that, if they exist for such a company, will reduce the amount of the company’s hydrogen production tax offset for the income year by a specified proportion.

in relation to a particular facility, and a particular *production pathway, specified in the profile; and

from a particular time.

it is in a form (if any) prescribed under subsection (5); and

it is accompanied by any information, documents or other materials prescribed under subsection (5); and

without limiting paragraphs (a) and (b) of this subsection—it is accompanied by an eligibility statement for the *registered production profile that relates to the facility and the *production pathway.

prescribe a form for the purposes of paragraph (3)(a);

prescribe information, documents or other materials for the purposes of paragraph (3)(b).

(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

the Clean Energy Regulator is satisfied that:

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

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

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

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

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

the holder of the production profile does not comply with the request before the specified time.

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

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

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

coal gasification;

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

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

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

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.

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

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

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

the start time; and

the time when the instrument of certification is made;

the Commissioner.

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

information that was contained in, or that accompanied, that application.

how the capacity of a facility to produce hydrogen is to be expressed for the purposes of section 421-55;

how the capacity of a facility to produce hydrogen is to be determined for the purposes of section 421-55;

without limiting paragraph (a) or (b) of this section—circumstances in which a facility is taken, for the purposes of subsection 421-55(3), to have a capacity to produce hydrogen that is at least equal to that of an electrolyser with a nameplate capacity of 10 megawatts.

(a) on or after the original start time, the registration of the *production profile is suspended, cancelled or surrendered under the Future Made in Australia (Guarantee of Origin) Act 2024; or

there is a time, on or after the original start time, when the condition in subsection 421-55(3) of this Act (condition relating to facility and production pathway) is not met in relation to the facility and the *production pathway; or

(c) at the time when the instrument of revocation made, the Clean Energy Regulator reasonably believes that the eligibility statement for the production profile that accompanied the application for certification (see paragraph 421-50(3)(c)) is incorrect.

if the certification is revoked under paragraph (2)(a)—the time when the registration of the *production profile was suspended, cancelled or surrendered; or

if the certification is revoked under paragraph (2)(b)—the earliest time, on or after the original start time, when the condition in subsection 421-55(3) is not met in relation to the facility and the *production pathway; or

if the certification is revoked under paragraph (2)(c)—no earlier than the time when the instrument of revocation is made.

the Clean Energy Regulator has given the *holder of the *production profile a notice under section 421-70(2) that relates to the certification, requesting that the holder give the Clean Energy Regulator specified information, documents or other materials before a specified time; and

the holder of the production profile does not comply with the request before the specified time.

the certification is taken to have been in effect for the period that:

begins at the original start time; and

ends at the new end time; and

the certification is taken not to have been in effect after the new end time.

an application later being made for a new certification of the production profile, including a certification that relates to the same facility and production pathway; or

the Clean Energy Regulator subsequently issuing such a new certification of the production profile.

the person who was the *holder of the production profile at the original start time for the certification;

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

the original start time for the certification; and

the time when the instrument of revocation is made;

the Commissioner.

requesting that the holder give the Clean Energy Regulator, before a specified time, specified information, documents or other materials that are relevant to making that decision; and

stating that, if the request is not complied with before the specified time, the Clean Energy Regulator may refuse to certify the production profile.

requesting that the holder give the Clean Energy Regulator, before a specified time, specified information, documents or other materials that are relevant to deciding whether to revoke the certification under subsection 421-65(2) (revocation on substantive grounds); and

stating that, if the request is not complied with before the specified time, the Clean Energy Regulator may revoke the certification.

a decision under subsection 421-30(7) to make a determination;

a decision under subsection 421-40(1) to issue a *correction notice;

a decision under subsection 421-40(4) to revoke a correction notice;

a decision under section 421-55 to certify a *registered production profile;

a decision under section 421-55 not to certify a registered production profile (after an application to certify the profile has been made under section 421-50);

a decision under section 421-65 to revoke a certification of a *production profile.

the Clean Energy Regulator;

the Commissioner;

the Clean Energy Regulator:

issues, or revokes, a *correction notice under section 421-40; or

makes an instrument under section 421-65 revoking a certification of a *production profile, with effect from a specified time (which may be different from the time when the instrument is made); and

as a result, there is a change to:

whether the entity is entitled to a *hydrogen production tax offset for the income year; or

the amount of hydrogen production tax offset that the entity is entitled to for the income year; and

the amendment of the entity’s assessment is made during the period of 4 years starting on the day when the Clean Energy Regulator issues or revokes the correction notice, or makes the instrument revoking the certification of the production profile (whichever applies).

has decided to register the certificate under section 56 of that Act; and

has not invalidated the certificate under section 64 of that Act.

(a) the Clean Energy Regulator has decided to register the profile under Future Made in Australia (Guarantee of Origin) Act 2024); andsection 33 of the

the registration of the profile has not been:

cancelled under section 45 of that Act; or

surrendered under section 48 of that Act.

the entity’s name;

  (b) the entity’s ABN or, if the first information the entity gave the Commissioner indicating the entity’s entitlement to the tax offset does not include the entity’s ABN but does include the entity’s ACN (within the meaning of the Corporations Act 2001), the entity’s ACN;

(c) the sum of the amounts of the tax offsets that the entity is entitled to under Income Tax Assessment Act 1997 for the income year, where the amount of each tax offset is worked out according to the first information that the entity gave the Commissioner indicating the entity’s entitlement to the tax offset.Division 421 of the

the entity gives the Commissioner notice, in the approved form, that the information mentioned in subsection (3) contains an error; and

the notice contains information that corrects the error.

a person is liable to pay an amount under subsection (2); and

(b) as a result, the person is liable to pay shortfall interest charge on that amount under Taxation Administration Act 1953;section 280-102F in Schedule 1 to the

shortfalls of income tax, *petroleum resource rent tax, *excess non-concessional contributions tax, *Division 293 tax, *diverted profits tax, *Laminaria and Corallina decommissioning levy, *Australian IIR/UTPR tax or *Australian DMT tax; or

excessive tax offset refunds;

beginning at the start of the day on which the amount of excess was applied in accordance with Divisions 3 and 3A of Part IIB of this Act; and

ending at the end of the day before the day on which the Commissioner gave you notice of the amended assessment.

the allowance of the offset to the taxpayer is attributable to the making of a declaration, agreement, election, selection or choice, the giving of a notice or the exercise of an option by any person, being a declaration, agreement, election, selection, choice, notice or option expressly provided for by this Act; and

the scheme was not entered into or carried out by any person for the purpose of creating any circumstance or state of affairs the existence of which is necessary to enable the declaration, agreement, election, selection, choice, notice or option to be made, given or exercised, as the case may be.

an amount would have been allowed, or would be allowable, to the relevant taxpayer as a hydrogen production tax offset if the scheme had not been entered into or carried out, being an amount that was not allowed or would not, apart from this subsection, be allowable, as the case may be, as a hydrogen production tax offset to the relevant taxpayer; and

it is fair and reasonable that the amount, or a part of the amount, should be allowable as a hydrogen production tax offset to the relevant taxpayer;

the company is a *constitutional corporation; and

the income year:

starts on or after 1 July 2027; and

ends on or before 30 June 2040; and

there are one or more *registered CMPTI processing activities for the company and the income year; and

the company incurs *CMPTI expenditure for the income year in carrying on any of those activities; and

the company is not an *exempt entity; and

if *CMPTI community benefit rules under paragraph 419-145(1)(a) apply to the company for the income year—the company meets the conditions specified in those rules; and

the company satisfies the residency requirements in subsection (2) for the income year.

the company:

is an Australian resident and has an *ABN; and

is carrying on the activity; or

the company:

is a foreign resident that has a *permanent establishment in Australia and has an ABN; and

is carrying on the activity through that permanent establishment.

*CMPTI community benefit rules under paragraph 419-145(1)(b) apply to the company for the income year; and

circumstances specified in those rules exist for the company;

antimony;

arsenic;

beryllium;

bismuth;

chromium;

cobalt;

fluorine;

gallium;

germanium;

graphite;

hafnium;

high purity alumina;

indium;

lithium;

magnesium;

manganese;

molybdenum;

nickel;

niobium;

each of the following platinum-group elements:

iridium;

osmium;

palladium;

platinum;

rhodium;

ruthenium;

each of the following rare-earth elements:

cerium;

dysprosium;

erbium;

europium;

gadolinium;

holmium;

lanthanum;

lutetium;

neodymium;

praseodymium;

promethium;

samarium;

terbium;

thulium;

ytterbium;

yttrium;

rhenium;

scandium;

selenium;

silicon;

tantalum;

tellurium;

titanium;

tungsten;

vanadium;

zirconium;

a thing prescribed by the regulations.

involves substantially transforming a feedstock containing a *critical mineral through extractive metallurgical processing into a purer or more refined form of the critical mineral that is chemically distinct from the feedstock; or

is a processing activity that:

relates to one or more critical minerals; and

is of a kind prescribed by the regulations; and

produces an outcome of a kind prescribed by the regulations;

registered (see paragraph 419-5(1)(c)); and

carried on at one or more of the facilities specified in the certificate of registration for the activity (see paragraph 419-25(1)(a)).

mining;

beneficiation (including the grinding, crushing, floating and other mechanical processing of ores), except to the extent that such an activity is prescribed for the purposes of paragraph (1)(b);

manufacturing, except to the extent that such an activity is prescribed for the purposes of paragraph (1)(b);

an activity that is contrary to an *Australian law;

an activity of a kind prescribed by the regulations.

the expenditure is incurred in carrying on one or more of the company’s *registered CMPTI processing activities for the income year at facilities specified in the certificates of registration for those activities; and

the expenditure is paid during the income year, if at the time the expenditure is incurred:

the company, and the entity to which the expenditure is incurred, are not dealing with each other at *arm’s length; or

the entity to which the expenditure is incurred is the company’s *associate.

is capital, or is of a capital nature; or

is taken into account when calculating the decline in value of an asset for the purposes of a *taxation law; or

is incurred by way of, or in relation to, the financing of *registered CMPTI processing activities; or

is on feedstock, whether raw materials (such as ores or mineral concentrates) or intermediate outputs from a previous processing step; or

would result in more than 10% of the company’s CMPTI expenditure for the income year being incurred on or in relation to *intellectual property; or

is of a kind prescribed by the regulations.

a registered CMPTI processing activity at a facility not specified in the certificate of registration for the activity; or

an activity that is not a registered CMPTI processing activity.

would, if the output were the only output of the activities, mean the activities are not *CMPTI processing activities; and

is disposed of, or is used to produce another output that is disposed of, in a way that:

is for value; or

involves the company and another entity not dealing with each other at *arm’s length; or

is to an *associate of the company;

the activity is registered for the company under subsection (2); or

a registration of the activity is transferred to the company under subsection 419-55(2);

it has already expired (see section 419-50); or

it is suspended or has been revoked (see section 419-65 or 419-70).

the company applies to the Industry Secretary for the activity to be registered under this subsection; and

the application identifies:

the activity and each facility where the activity is to be carried on; and

the basis on which the company considers it will satisfy the requirements to be entitled to a *CMPTI tax offset in relation to the activity; and

the application states that the company is the legal entity that is or will be carrying on the activity at those facilities; and

the application is in a form approved under subsection 419-150(1); and

the Industry Secretary is satisfied that the activity is a *CMPTI processing activity; and

the Industry Secretary has no reason to believe that:

the information provided by the company is not true, correct and complete; or

the company will not satisfy the requirements to be entitled to a CMPTI tax offset in relation to the activity; and

the company has paid the application fee (if any) prescribed by the regulations.

the company’s name and *ABN;

the day the certificate is issued;

a description of the activity;

a description of each facility where the activity is to be carried on;

the matters (if any) prescribed by the regulations.

the outputs for the activity for the income year; and

the expected outputs for the activity for the next income year; and

any significant events that arose during the income year, or that are expected for the next income year, that could affect the company’s:

entitlement to the *CMPTI tax offset; or

registration of the activity.

the income year in which the *Industry Secretary receives the company’s application for registration of the activity under subsection 419-35(2); or

a later income year.

results from a transfer under subsection 419-55(2) of a registration that has already come into force; or

will not be the first registration of the activity under subsection 419-35(2) that has come into force for any company;

under subsection 419-35(2); and

that came into force for any company;

(a) the company’s *registered CMPTI processing activity (the current activity) is similar to another activity that is or was a registered CMPTI processing activity of any company; and

the registration of the other activity is the first to have come into force;

unless paragraph (d) applies—the registration of the current activity ceases to be in force at the same time that the registration of the other activity ceases to be in force; or

if the registration of the other activity has already ceased to be in force—the current activity is taken, for the purposes of this Division, never to have been registered for the company and any income year.

the extent to which the assets and facilities used in carrying on one activity are used in carrying on the other activity;

the extent to which the processes and operations undertaken as part of one activity are the same as those undertaken as part of the other activity;

the extent of similarity between the inputs to and outputs of the activities;

if the activities are carried on by different companies, the nature of any arrangements between those companies in respect of the activities;

it is irrelevant if the other activity is no longer being carried on;

any other criteria prescribed by the regulations.

(a) acquires one or more of the facilities used in carrying on an activity that is a *registered CMPTI processing activity for another company (the disposer); and

the acquirer commences carrying on the activity at those facilities at or after:

the time the disposer ceases carrying on the activity at those facilities; and

the time the disposer’s registration of the activity comes into force (see section 419-50); and

the acquirer seeks a transfer of the registration of the activity after the day of the acquisition.

the acquirer requests the transfer by applying to the Industry Secretary before the end of the period determined under subsection (3) that starts on the day of the acquisition; and

the application identifies:

the activity and each facility where the activity is to be carried on; and

the basis on which the acquirer considers it will satisfy the requirements to be entitled to a *CMPTI tax offset in relation to the activity; and

the application states:

that the acquirer is the legal entity that is or will be carrying on the activity at those facilities (after the disposer ceases to do so); and

the time the acquirer is to commence carrying on the activity at those facilities, and the time the disposer is to cease to do so; and

the application is in a form approved under subsection 419-150(1); and

the Industry Secretary has no reason to believe that:

the information provided by the acquirer is not true, correct and complete; or

the acquirer will not satisfy the requirements to be entitled to a CMPTI tax offset in relation to the activity; and

the acquirer has paid the application fee (if any) prescribed by the regulations.

the company applies to the Industry Secretary for a variation of the registration; and

the application is in a form approved under subsection 419-150(1); and

the company has paid the application fee (if any) prescribed by the regulations.

in the case of an application under subsection (1)—must consider if there is any reason to believe that the information provided by the company is not true, correct and complete; and

in every case:

must have regard to any proposed changes relating to the activity; and

must have regard to the matters prescribed by the regulations; and

may have regard to any other matter that the Industry Secretary considers relevant.

the company to whom the certificate of registration was issued; and

the Commissioner.

give a report under section 419-45 during an income year about the activity; or

comply with a request, given under subsection 419-80(2) during an income year, for further information about the registration.

during the period of the suspension, never to have been registered for the company and the income year mentioned in paragraph (1)(a) or (b); but

if that period ends, to have been registered during that period for the company and the income year.

is required during the income year to give a report under section 419-45 about the activity (for the previous income year); and

fails to do so before the end of the income year.

is required to comply with a request, given under subsection 419-80(2) during the income year, for further information about the registration; and

fails to do so before the end of the 60-day period starting at the end of the period mentioned in that subsection for complying with the request.

the company eventually gives the *Industry Secretary:

for subsection (1)—a report about the activity for the previous income year that complies with subsections 419-45(1) to (3); or

for subsection (2)—the requested further information in a way that complies with subsection 419-80(4); and

(b) the company applies to the Industry Secretary for the late report or information (the late material) to be accepted; and

the application is in a form approved under subsection 419-150(1); and

the Industry Secretary decides to accept the late material because the Industry Secretary is satisfied that the delay in giving the late material was due to exceptional circumstances beyond the company’s control; and

the company has paid the application fee (if any) prescribed by the regulations.

is satisfied that the first registration of the activity under subsection 419-35(2) for any company:

was based on untrue, incorrect or incomplete information; or

was obtained by fraud or serious misrepresentation; or

is satisfied that no company ever satisfied the requirements to be entitled to a *CMPTI tax offset in relation to the activity.

becomes satisfied that information provided by the company to the Industry Secretary during an income year in relation to the registration involved fraud or serious misrepresentation by or on behalf of the company; or

reasonably believes:

that, for an income year, the registration is not based on true, correct and complete information; or

that the company does not satisfy the requirements to be entitled to a *CMPTI tax offset in relation to the activity and an income year.

the company, or each company, that holds or held a registration affected by the decision; and

the Commissioner.

the operation of section 419-70, this section or Subdivision 419-E; or

a review by a court or the *ART of the decision to revoke the registration.

subsection 419-35(2) (about registrations); or

subsection 419-55(2) (about transfers); or

subsection 419-60(1) (about variations); or

subsection 419-70(3) (about late material);

the 30-day period starting when the request is given; or

such longer period as the Industry Secretary allows.

whether the activity is being carried on in accordance with the registration; and

whether the company is carrying on any *CMPTI processing activities during the income year that are not registered CMPTI processing activities; and

whether the company is carrying on any other activities during the income year that the Industry Secretary believes may be relevant to the Commissioner’s administration of this Division.

applications under sections 419-35, 419-55 and 419-60; and

annual reports given under section 419-45; and

requests made under section 419-80.

a company incurs *CMPTI expenditure to another entity in carrying on all or part of a *registered CMPTI processing activity; and

either:

when the company incurs the expenditure, the company and the other entity do not deal with each other at *arm’s length; or

the other entity is the company’s *associate; and

the expenditure exceeds the *market value of the relevant activity or part (as appropriate);

the company is entitled to a *CMPTI tax offset for *CMPTI expenditure in carrying on one or more of the company’s *registered CMPTI processing activities; and

(b) some or all of that expenditure (the group expenditure) is incurred to another entity (the group entity) for goods or services provided in relation to those activities when:

the group entity is *connected with the company; or

the group entity is an *affiliate of the company or the company is an affiliate of the group entity.

a company is or will be paid by another entity for carrying on an activity during an income year that is a *registered CMPTI processing activity for the company and the income year; and

the activity is or could be a registered CMPTI processing activity for any of the following for the income year:

the other entity;

a *constitutional corporation *connected with the other entity;

a constitutional corporation that is an *affiliate of the other entity;

a constitutional corporation of which the other entity is an affiliate;

a decision under subsection 419-35(2) (about registering an activity);

a decision under subsection 419-50(6) (about whether an activity is similar to another activity);

a decision under subsection 419-55(2) (about transferring the registration of an activity);

a decision under subsection 419-60(1) or (2) (about varying the registration of an activity);

a decision under paragraph 419-70(3)(d) (about refusing to accept late material);

a decision under subsection 419-70(4) or (5) (about revoking the registration of an activity);

a decision under subsection 419-120(3) (about refusing to allow a further period to apply for review).

the making of the decision;

the company’s right to have the decision reviewed under this Subdivision.

28 days after the company is notified of the decision under this Division; or

such further period as the *Industry Secretary allows.

confirming the reviewable decision; or

varying the reviewable decision; or

setting aside the reviewable decision and substituting a new decision.

starts on the day the Industry Secretary receives the application for review; and

pauses while the Industry Secretary waits for any information requested under subsection (2) about the application for review;

after the end of the period referred to in that subsection, the *Industry Secretary makes a decision under subsection (3) about the applicable reviewable decision; and

an application has yet to be made under section 419-135 to the *ART for review of the deemed decision.

(a) an internal review decision as varied by the *ART under Administrative Review Tribunal Act 2024; orsection 105 of the

a decision made by the ART under that section in substitution for an internal review decision.

the *Industry Secretary;

the Commissioner;

rules that:

apply to companies within a specified class for an income year; and

specify conditions that must be met for such a company to be entitled to a *CMPTI tax offset for the income year;

rules that:

apply to companies within a specified class for an income year; and

specify circumstances that, if they exist for such a company, will reduce the amount of the company’s CMPTI tax offset for the income year by a specified proportion.

the allowance of the offset to the taxpayer is attributable to the making of a declaration, agreement, election, selection or choice, the giving of a notice or the exercise of an option by any person, being a declaration, agreement, election, selection, choice, notice or option expressly provided for by this Act; and

the scheme was not entered into or carried out by any person for the purpose of creating any circumstance or state of affairs the existence of which is necessary to enable the declaration, agreement, election, selection, choice, notice or option to be made, given or exercised, as the case may be.

an amount would have been allowed, or would be allowable, to the relevant taxpayer as a CMPTI tax offset if the scheme had not been entered into or carried out, being an amount that was not allowed or would not, apart from this subsection, be allowable, as the case may be, as a CMPTI tax offset to the relevant taxpayer; and

it is fair and reasonable that the amount, or a part of the amount, should be allowable as a CMPTI tax offset to the relevant taxpayer;

the company’s name;

the company’s ABN;

the amount of the company’s CMPTI tax offset for the income year.

the entity gives the Commissioner a notice in writing that the information mentioned in paragraph (3)(c) contains an error; and

the notice contains information that corrects the error.

to borrow money in accordance with section 183 for a purpose in connection with Indigenous Business Australia’s functions;

circumstances in which Indigenous Business Australia may borrow money for a purpose in connection with Indigenous Business Australia’s functions; and

limits or conditions on the borrowing of such money.

(a) a written authorisation by the Finance Minister under paragraph 57(1)(b) of the Public Governance, Performance and Accountability Act 2013;

rules made for the purposes of paragraph 57(1)(c) of that Act.

dealing in securities;

obtaining an advance on overdraft;

obtaining credit by way of credit card or credit voucher.

required or permitted by this Division to be prescribed by the Indigenous Business Australia rules; or

necessary or convenient to be prescribed for carrying out or giving effect to this Division.

create an offence or civil penalty;

provide powers of:

arrest or detention; or

entry, search or seizure;

impose a tax;

set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

directly amend the text of this Act.