Submission to the Senate Economics Legislation Committee Inquiry into Future Made in Australia (Production Tax Credits and Other Measures) Bill 2024

Overview

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The Centre for Policy Development (CPD) supports the Future Made in Australia (Production Tax Credits and Other Measures) Bill in its current form, but our submission makes several suggestions for enhancements that would allow for rapid decarbonisation of the Australian economy. It also makes recommendations for designing the community benefits rules for a just transition, with the overarching principle being to offer higher tax incentives for projects that deliver greater benefits for the community.

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The Centre for Policy Development submission to the Senate Economics Legislation Committee focuses on ways to ensure tax incentives provided under Future Made in Australia are designed to achieve a fair and just transition for Australian communities.

About the inquiry

The Future Made in Australia (Production Tax Credits and Other Measures) Bill 2024 proposed several changes to the law relating to taxation and Indigenous Business Australia. Three specific schedules that are included in the Bill are:
 
  • Hydrogen Production Tax Incentive (HPTI): the Bill establishes the HPTI, a refundable tax offset that is available at a rate of $2 for a kilogram of eligible hydrogen for companies that satisfy the eligibility requirements
  • Critical Minerals Production Tax Incentive (CMPTI): the Bill establishes the CMPTI, a new refundable tax offset to support the processing of critical minerals in Australia
  • Indigenous Business Australia (IBA): the Bill reforms IBA’s borrowing powers to leverage their capital to invest in First Nations communities and businesses

What does the submission recommend?

Considerations to raise climate ambitions for rapid decarbonisation

The submission acknowledges the Bill is well-designed to encourage the establishment of new and important industries in Australia, including how it:

  • designs subsidies to encourage emissions reduction;
  • provides the most support to the first movers who lock in high costs from early technologies; and
  • supports downstream industries, not extractive industries.

We do, however, provide two enhancements of the tax incentives the government could consider, including:

  • Establishing emissions thresholds for critical mineral projects; and
  • Extending the critical mineral production tax incentive to recycling projects, regardless of whether they entail a “substantial transformation”.

Designing the community benefits rules to achieve a just transition

The submission recommends that the tax incentives should be higher for projects that support a just transition, and outlines seven factors that CPD believes should make companies eligible for these higher tax incentives. This includes projects that:

  • Give local communities and Indigenous groups a voice based on the principles of free, prior, and informed consent (FPIC)
  • Invest in community adaptive capacity
  • Set up in low-SES or transition-exposed communities
  • Have some level of domestic – and preferably community – ownership
  • Create local jobs and training pathways
  • Ensure the least well-off households are not harmed
  • Use feedstock from equitable and sustainable sources

It also recommends that the application of the community benefit rules should be scaled, such that firms that provide more community benefits receive greater tax offsets.

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