Offshore Electricity Infrastructure Act 2021

An offshore electricity infrastructure levy (the levy) is due and payable in accordance with the regulations.

Offshore electricity infrastructure levy is imposed by the Offshore Electricity Infrastructure (Regulatory Levies) Act 2021. Regulations under that Act may prescribe different kinds of offshore electricity infrastructure levy.

The regulations may provide for the remittal or refund of all or part of an amount of levy.

If an amount of levy payable by a person remains wholly or partly unpaid after it becomes due and payable, the person is liable to pay a late payment penalty under this section.

The late payment penalty is calculated at the rate of 0.333333% per day on the amount of levy remaining unpaid.

The person to whom levy is paid may remit the whole or a part of an amount of late payment penalty if the person considers that there are good reasons for doing so.

Each amount of levy, and each amount of late payment penalty payable in respect of levy:

is a debt due to the person to whom the levy is payable; and

is recoverable by the person to whom the levy is payable, in a court of competent jurisdiction.

If the levy is payable to a person other than the Commonwealth, the levy is recoverable by the person on behalf of the Commonwealth.

The regulations may provide that:

an application under this Act is taken to have been made only if an amount of levy has been paid in relation to the application; and

the Minister, the Registrar or the Regulator may decline to perform a function or exercise a power until an amount of levy is paid.