A Tale of Two Taxes: Clean Energy Act 2011 (Cth) V Renewable Energy (Electricity) Act 2000 (Cth)

Abstract

This paper investigates what is considered to be carbon tax legislation and defines a carbon tax. It examines the Australian Renewable Energy (Electricity) Act 2000 (Cth) (REE Act) and concludes that the REE Act is a form of carbon tax. The tax is levied by way of a renewable energy certificates (RECs) system wherein RECs are created by the operators of renewable energy generation installations and sold to the suppliers of fossil fuelled generated electricity. The RECs are used as tokens to pay Australia's carbon tax. The tax system acts to support the burgeoning renewable energy industry in Australia.