The Clean Energy Regulator is a member of the Australian Government’s Phoenix Taskforce.
The Phoenix Taskforce, which was established on 13 November 2014 and was prescribed as a taskforce in the Tax Administration Regulations, brings together key federal and state agencies to identify, manage and monitor suspected illegal phoenix operators. Phoenix Taskforce agencies support businesses that want to do the right thing and will deal firmly with those who choose not to meet their obligations. Taskforce members have an array of deterrence and treatment strategies and share information to enable coordinated responses where possible.
The Phoenix Taskforce works with the new Serious Financial Crime Taskforce to share intelligence and information between partner agencies and facilitate identification, management and monitoring of suspected criminal behaviour.
Fraudulent phoenix activity involves the deliberate liquidation of a company to avoid paying creditors, taxes and employee entitlements, and can include evading liability or regulatory responsibilities under laws administered by the Clean Energy Regulator. The perpetrators transfer the assets to a new entity, and continue operating the same or a similar business with the same ownership.
Participation in the Phoenix taskforce will help to protect the integrity of the schemes we administer and ensure that our scheme participants who are doing the right thing are not disadvantaged by operators using phoenixing to gain an unfair competitive advantage through the non-payment of debts and the avoidance of regulatory obligations.
As a member of the Phoenix taskforce, the Clean Energy Regulator assists with the whole-of-government initiative to combat phoenix activity by sharing relevant information with the taskforce regarding suspected phoenix activity within our schemes.
Further information on the taskforce and what fraudulent phoenix activities are can be found on the Australian Taxation Office’s Fraudulent phoenix activities page.
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