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This is a Bill, not an Act. For current law, see the Acts databases.
AUSTRALIAN NATIONAL REGISTRY OF EMISSIONS UNITS BILL 2011
2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Australian National Registry of
Emissions Units Bill 2011
No. , 2011
(Climate Change and Energy Efficiency)
A Bill for an Act about the Australian National
Registry of Emissions Units, and for other purposes
i Australian National Registry of Emissions Units Bill 2011 No. , 2011
Contents
Part 1--Preliminary
1
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
2
3 Simplified
outline
..............................................................................
2
4 Definitions
.........................................................................................
3
5
Electronic notice transmitted to the Administrator .......................... 10
6
Crown to be bound ........................................................................... 11
7
Extension to external Territories ...................................................... 11
Part 2--Australian National Registry of Emissions Units
12
Division 1--Introduction
12
8 Simplified
outline
............................................................................
12
Division 2--Australian National Registry of Emissions Units
13
9 Australian
National
Registry of Emissions Units ............................ 13
Division 3--Registry accounts
14
10 Registry
accounts
.............................................................................
14
11
Opening of Registry accounts--identification procedures .............. 15
12
Designation of Commonwealth Registry accounts .......................... 15
13
Opening of new Commonwealth Registry accounts ........................ 15
14
Units in certain accounts cannot be transferred ............................... 16
15
Voluntary closure of Registry accounts ........................................... 16
16
Unilateral closure of Registry accounts etc. ..................................... 16
Division 4--Entries in Registry accounts
19
17 Entries
in
Registry accounts ............................................................ 19
Division 5--Change in name of account holder
20
18 Change
in
name
of account holder ................................................... 20
Division 6--Correction and rectification of Registry
21
19
Corrections of clerical errors, obvious defects or
unauthorised entries etc. .................................................................. 21
20
General power of correction of Registry--Kyoto units ................... 22
21
General power of correction of Registry--non-Kyoto
international emissions units ............................................................ 23
22 Rectification
of Registry .................................................................. 23
Division 7--Miscellaneous
26
23
Making a false entry in the Registry ................................................ 26
24 Falsified
documents
.........................................................................
26
25 Evidentiary
provisions
.....................................................................
26
Australian National Registry of Emissions Units Bill 2011 No. , 2011 ii
26
Use and disclosure of information obtained from the
Registry ............................................................................................ 27
27 Regulations
about
the Registry ........................................................ 28
28
Suspension of operation of the Registry .......................................... 29
Part 3--Kyoto units
30
29 Simplified
outline
............................................................................
30
30
Entries for Kyoto units ..................................................................... 30
31
Issue of Australia's assigned amount units ...................................... 30
32
Issue of removal units ...................................................................... 31
33 Transfer
of
Kyoto units .................................................................... 31
34 Domestic
transfers
of Kyoto units ................................................... 32
35
Outgoing international transfers of Kyoto units............................... 33
36
Incoming international transfers of Kyoto units .............................. 34
37
Compliance by Australia with emissions trading eligibility
requirements under the Kyoto rules ................................................. 35
38
Conversion of assigned amount units, or removal units, to
emission reduction units--joint implementation projects etc. ......... 36
39 Kyoto
rules.......................................................................................
37
40 Carry-over
restrictions ..................................................................... 37
41 Commitment
period reserve ............................................................. 39
42
Cancellation of temporary certified emission reductions or
long-term certified emission reductions ........................................... 39
43
Replacement of long-term certified emission reductions ................. 40
44
Restrictions on transfer of Kyoto units to a Commonwealth
Registry account .............................................................................. 41
45
A registered Kyoto unit is personal property for certain
purposes ........................................................................................... 41
46
Equitable interests in relation to a Kyoto unit .................................. 42
47
Transmission of registered Kyoto units by operation of law
etc. .................................................................................................... 42
Part 4--Non-Kyoto international emissions units
45
48 Simplified
outline
............................................................................
45
49
Entries for non-Kyoto international emissions units ........................ 45
50
Transfer of non-Kyoto international emissions units ....................... 45
51
Domestic transfers of non-Kyoto international emissions
units ................................................................................................. 46
52
Outgoing international transfers of non-Kyoto international
emissions units ................................................................................. 47
53
Incoming international transfers of non-Kyoto international
emissions units ................................................................................. 48
54
A registered non-Kyoto international emissions unit is
personal property for certain purposes ............................................. 48
iii Australian National Registry of Emissions Units Bill 2011 No. , 2011
55
Equitable interests in relation to a non-Kyoto international
emissions unit .................................................................................. 49
56
Transmission of registered non-Kyoto international
emissions units by operation of law etc. .......................................... 49
57
Regulations about non-Kyoto international emissions units ............ 51
Part 5--Publication of information
52
58 Simplified
outline
............................................................................
52
59
Information about holders of Registry accounts .............................. 52
60 Kyoto
information
...........................................................................
52
61
Publication of concise description of the characteristics of
eligible international emissions units ............................................... 53
62
Information about number of voluntarily cancelled Kyoto
units ................................................................................................. 54
63
Information about number of voluntarily cancelled
non-Kyoto international emissions units .......................................... 54
Part 6--Voluntary cancellation of emissions units
55
64 Simplified
outline
............................................................................
55
65 Voluntary
cancellation of Kyoto units ............................................. 55
66
Voluntary cancellation of non-Kyoto international emissions
units ................................................................................................. 56
Part 7--Civil penalty orders
57
67 Simplified
outline
............................................................................
57
68
References to Court ......................................................................... 57
69
Civil penalty orders .......................................................................... 57
70
Who may apply for a civil penalty order ......................................... 58
71
Two or more proceedings may be heard together ............................ 59
72
Time limit for application for an order ............................................ 59
73
Civil evidence and procedure rules for civil penalty orders ............. 59
74
Civil proceedings after criminal proceedings .................................. 59
75 Criminal
proceedings
during civil proceedings ............................... 59
76 Criminal
proceedings
after civil proceedings .................................. 59
77
Evidence given in proceedings for a civil penalty order not
admissible in criminal proceedings .................................................. 60
78
Mistake of fact ................................................................................. 60
79
State of mind .................................................................................... 61
80 Continuing
contraventions ............................................................... 61
Part 8--Review of decisions
63
81 Simplified
outline
............................................................................
63
82 Reviewable
decisions ....................................................................... 63
Australian National Registry of Emissions Units Bill 2011 No. , 2011 iv
83
Applications for reconsideration of decisions made by
delegates of the Administrator ......................................................... 64
84 Reconsideration
by
the Administrator ............................................. 64
85
Deadline for reconsideration ............................................................ 65
86
Review by the Administrative Appeals Tribunal ............................. 65
Part 9--Miscellaneous
66
87 Computerised
decision-making ....................................................... 66
88
Administrator's power to require further information ..................... 66
89
Delegation by the Minister .............................................................. 67
90
Delegation by the Secretary ............................................................. 67
91 Liability
for
damages
.......................................................................
67
92
Executive power of the Commonwealth .......................................... 68
93
Notional payments by the Commonwealth ...................................... 68
94
Compensation for acquisition of property ....................................... 68
95
Prescribing matters by reference to other instruments ..................... 69
96 Administrative
decisions
under the regulations ............................... 69
97 Regulations
......................................................................................
69
Australian National Registry of Emissions Units Bill 2011 No. , 2011 1
A Bill for an Act about the Australian National
1
Registry of Emissions Units, and for other purposes
2
The Parliament of Australia enacts:
3
Part 1--Preliminary
4
5
1 Short title
6
This Act may be cited as the Australian National Registry of
7
Emissions Units Act 2011.
8
Part 1 Preliminary
Section 2
2 Australian National Registry of Emissions Units Bill 2011 No. , 2011
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 and
2 and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Sections 3 to
97
At the same time as section 3 of the Carbon
Credits (Carbon Farming Initiative) Act
2011 commences.
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
3 Simplified outline
13
The following is a simplified outline of this Act:
14
·
The Australian National Registry of Emissions Units is
15
continued in existence.
16
·
The Administrator may, in accordance with the regulations,
17
open a Registry account in the name of a person.
18
·
Entries may be made in Registry accounts for:
19
(a)
Australian carbon credit units; and
20
Preliminary Part 1
Section 4
Australian National Registry of Emissions Units Bill 2011 No. , 2011 3
(b)
Kyoto units; and
1
(c)
non-Kyoto international emissions units.
2
·
This Act sets out rules about dealings with:
3
(a)
Kyoto units; and
4
(b)
non-Kyoto international emissions units.
5
4 Definitions
6
In this Act:
7
account number, in relation to a Registry account, has the meaning
8
given by subsection 10(4).
9
Administrator means the Carbon Credits Administrator.
10
alter the Registry, includes:
11
(a) make an entry in the Registry; and
12
(b) remove an entry from the Registry.
13
assigned amount unit means an assigned amount unit issued in
14
accordance with the relevant provisions of the Kyoto rules. It is
15
immaterial whether the unit was issued in or out of Australia.
16
Australia, when used in a geographical sense, includes the external
17
Territories.
18
Australian carbon credit unit has the same meaning as in the
19
Carbon Credits (Carbon Farming Initiative) Act 2011.
20
certified emission reduction means a certified emission reduction
21
issued outside Australia in accordance with the relevant provisions
22
of the Kyoto rules.
23
civil penalty order means an order under subsection 69(1).
24
civil penalty provision means a provision declared by this Act to
25
be a civil penalty provision.
26
Part 1 Preliminary
Section 4
4 Australian National Registry of Emissions Units Bill 2011 No. , 2011
clean development mechanism project means a project that is
1
treated as a clean development mechanism project for the purposes
2
of the relevant provisions of the Kyoto rules.
3
Climate Change Convention means the United Nations
4
Framework Convention on Climate Change done at New York on
5
9 May 1992, as amended and in force for Australia from time to
6
time.
7
Note:
The text of the Convention is set out in Australian Treaty Series 1994
8
No. 2 ([1994] ATS 2). In 2011, the text of a Convention in the
9
Australian Treaty Series was accessible through the Australian
10
Treaties Library on the AustLII website (www.austlii.edu.au).
11
commitment period means a period that is treated as a commitment
12
period for the purposes of the Kyoto rules.
13
Note:
The first commitment period begins on 1 January 2008 and ends on
14
31 December 2012.
15
commitment period reserve has the meaning given by the
16
regulations.
17
Commonwealth holding account means a Commonwealth
18
Registry account designated as a Commonwealth holding account.
19
Commonwealth Registry account means a Registry account kept
20
in the name of the Commonwealth.
21
decision of the Meeting of the Kyoto Parties means a decision of
22
the Meeting of the Kyoto Parties as existing from time to time. It is
23
immaterial whether the decision was made before, at or after the
24
commencement of this section.
25
designated, in relation to a Commonwealth Registry account,
26
means designated under regulations made for the purposes of
27
section 12.
28
electronic communication means a communication by means of
29
guided and/or unguided electromagnetic energy.
30
electronic notice transmitted to the Administrator has the meaning
31
given by section 5.
32
eligible international emissions unit means:
33
Preliminary Part 1
Section 4
Australian National Registry of Emissions Units Bill 2011 No. , 2011 5
(a) a certified emission reduction (other than a temporary
1
certified emission reduction or a long-term certified emission
2
reduction); or
3
(b) an emission reduction unit; or
4
(c) a removal unit; or
5
(d) a prescribed unit issued in accordance with the Kyoto rules;
6
or
7
(e) a non-Kyoto international emissions unit.
8
It is immaterial whether a unit covered by paragraph (d) was issued
9
in or outside Australia.
10
emission reduction unit means an emission reduction unit issued
11
in accordance with the relevant provisions of the Kyoto rules. It is
12
immaterial whether the unit was issued in or outside of Australia.
13
engage in conduct means:
14
(a) do an act; or
15
(b) omit to perform an act.
16
evidential burden, in relation to a matter, means the burden of
17
adducing or pointing to evidence that suggests a reasonable
18
possibility that the matter exists or does not exist.
19
Federal Court means the Federal Court of Australia.
20
foreign account:
21
(a) when used in relation to a Kyoto unit--means an account
22
kept within a foreign Kyoto registry; or
23
(b) when used in relation to a non-Kyoto international emissions
24
unit--means an account kept within a foreign non-Kyoto
25
registry.
26
foreign country includes a region where:
27
(a) the region is a colony, territory or protectorate of a foreign
28
country; or
29
(b) the region is part of a foreign country; or
30
(c) the region is under the protection of a foreign country; or
31
(d) a foreign country exercises jurisdiction or control over the
32
region; or
33
Part 1 Preliminary
Section 4
6 Australian National Registry of Emissions Units Bill 2011 No. , 2011
(e) a foreign country is responsible for the region's international
1
relations.
2
foreign Kyoto registry means:
3
(a) a registry of a Kyoto Party (other than Australia) that is the
4
Kyoto Party's national registry for Kyoto units; or
5
(b) the CDM registry established in accordance with paragraph 1
6
of Appendix D to the Annex to Decision 3/CMP.1 of the
7
Meeting of the Kyoto Parties.
8
foreign non-Kyoto registry means a registry that:
9
(a) is located in a foreign country; and
10
(b) is specified in the regulations; and
11
(c) is not a foreign Kyoto registry.
12
hold an Australian carbon credit unit: a person holds an Australian
13
carbon credit unit if the person is the registered holder of the unit.
14
international agreement means an agreement whose parties are:
15
(a) Australia and a foreign country; or
16
(b) Australia and 2 or more foreign countries.
17
issue, in relation to an Australian carbon credit unit, has the same
18
meaning as in the Carbon Credits (Carbon Farming Initiative) Act
19
2011.
20
Kyoto Australian carbon credit unit has the same meaning as in
21
the Carbon Credits (Carbon Farming Initiative) Act 2011.
22
Kyoto Party means a Party to the Kyoto Protocol.
23
Kyoto Protocol means the Kyoto Protocol to the United Nations
24
Framework Convention on Climate Change done at Kyoto on
25
11 December 1997, as amended and in force for Australia from
26
time to time.
27
Note:
The text of the Kyoto Protocol is set out in Australian Treaty Series
28
2008 No. 2 ([2008] ATS 2). In 2011, the text of an international
29
agreement in the Australian Treaty Series was accessible through the
30
Australian Treaties Library on the AustLII website
31
(www.austlii.edu.au).
32
Kyoto rules means:
33
Preliminary Part 1
Section 4
Australian National Registry of Emissions Units Bill 2011 No. , 2011 7
(a) the Kyoto Protocol; or
1
(b) a decision of the Meeting of the Kyoto Parties; or
2
(c) if a standard or other instrument, as existing from time to
3
time, is adopted by the Meeting of the Kyoto Parties for a
4
purpose relating to:
5
(i) the Kyoto Protocol; or
6
(ii) a decision of the Meeting of the Kyoto Parties;
7
the standard or instrument as existing from time to time; or
8
(d) if a standard or other instrument, as existing at a particular
9
time, is adopted by the Meeting of the Kyoto Parties for a
10
purpose relating to:
11
(i) the Kyoto Protocol; or
12
(ii) a decision of the Meeting of the Kyoto Parties;
13
the standard or instrument as existing at that time; or
14
(e) a prescribed instrument that relates to:
15
(i) the Kyoto Protocol; or
16
(ii) a decision of the Meeting of the Kyoto Parties.
17
It is immaterial whether a standard or instrument covered by
18
paragraph (c), (d) or (e) was made before, at or after the
19
commencement of this section. Despite anything in subsection
20
14(2) of the Legislative Instruments Act 2003, regulations made for
21
the purposes of paragraph (e) may prescribe an instrument:
22
(f) as existing at a particular time; or
23
(g) as existing from time to time.
24
Kyoto unit means:
25
(a) an assigned amount unit; or
26
(b) a certified emission reduction; or
27
(c) an emission reduction unit; or
28
(d) a removal unit; or
29
(e) a prescribed unit issued in accordance with the Kyoto rules.
30
It is immaterial whether a unit covered by paragraph (e) was issued
31
in or outside Australia.
32
long-term certified emission reduction means a certified emission
33
reduction that is treated as a long-term certified emission reduction
34
for the purposes of the relevant provisions of the Kyoto rules.
35
Part 1 Preliminary
Section 4
8 Australian National Registry of Emissions Units Bill 2011 No. , 2011
long-term certified emission reduction replacement
1
(non-certification) account means a Commonwealth Registry
2
account designated as the long-term certified emission reduction
3
replacement (non-certification) account for a particular
4
commitment period.
5
long-term certified emission reduction replacement (storage
6
reversal) account means a Commonwealth Registry account
7
designated as the long-term certified emission reduction
8
replacement (storage reversal) account for a particular commitment
9
period.
10
mandatory cancellation account means a Commonwealth Registry
11
account designated as the mandatory cancellation account for a
12
particular commitment period.
13
Meeting of the Kyoto Parties means the Meeting of the Parties to
14
the Climate Change Convention serving as the meeting of the
15
Parties to the Kyoto Protocol.
16
non-Kyoto international emissions unit means:
17
(a) a prescribed unit issued in accordance with an international
18
agreement (other than the Kyoto Protocol); or
19
(b) a prescribed unit issued outside Australia under a law of a
20
foreign country.
21
It is immaterial whether a unit covered by paragraph (a) was issued
22
in or outside Australia.
23
open, in relation to a Registry account, means open under
24
regulations made for the purposes of subsection 10(1).
25
penalty unit has the meaning given by section 4AA of the Crimes
26
Act 1914.
27
person means any of the following:
28
(a)
an
individual;
29
(b) a body corporate;
30
(c)
a
trust;
31
(d) a corporation sole;
32
(e) a body politic;
33
Preliminary Part 1
Section 4
Australian National Registry of Emissions Units Bill 2011 No. , 2011 9
(f) a local governing body.
1
registered holder, in relation to:
2
(a) an Australian carbon credit unit; or
3
(b) a Kyoto unit; or
4
(c) a non-Kyoto international emissions unit;
5
means the person in whose Registry account there is an entry for
6
the unit.
7
Registry means the Australian National Registry of Emissions
8
Units continued in existence under section 9.
9
Registry account means an account kept in accordance with
10
regulations made for the purposes of subsection 10(1).
11
removal unit means a removal unit issued in accordance with the
12
relevant provisions of the Kyoto rules. It is immaterial whether the
13
unit was issued in or out of Australia.
14
reviewable decision has the meaning given by section 82.
15
Secretary means the Secretary of the Department.
16
temporary certified emission reduction means a certified emission
17
reduction that is treated as a temporary certified emission reduction
18
for the purposes of the relevant provisions of the Kyoto rules.
19
transfer:
20
(a) in relation to a Kyoto unit--has the meaning given by
21
section 33; or
22
(b) in relation to a non-Kyoto international emissions unit--has
23
the meaning given by section 50.
24
trust means a person in the capacity of trustee or, as the case
25
requires, a trust estate.
26
trustee has the same meaning as in the Income Tax Assessment Act
27
1997.
28
trust estate has the same meaning as in the Income Tax Assessment
29
Act 1997.
30
Part 1 Preliminary
Section 5
10 Australian National Registry of Emissions Units Bill 2011 No. , 2011
voluntary cancellation account means a Commonwealth Registry
1
account designated as the voluntary cancellation account for a
2
particular commitment period.
3
5 Electronic notice transmitted to the Administrator
4
(1) For the purposes of this Act, a notice is an electronic notice
5
transmitted to the Administrator if, and only if:
6
(a) the notice is transmitted to the Administrator by means of an
7
electronic communication; and
8
(b) if the Administrator requires that the notice be transmitted, in
9
accordance with particular information technology
10
requirements, by means of a particular kind of electronic
11
communication--the Administrator's requirement has been
12
met; and
13
(c) the notice complies with regulations made for the purposes of
14
subsection (2).
15
(2) The regulations may make provision for or in relation to the
16
security and authenticity of notices transmitted to the
17
Administrator by means of an electronic communication.
18
(3) Regulations made for the purposes of subsection (2) may deal with:
19
(a)
encryption;
and
20
(b) authentication of identity.
21
(4) Subsection (3) does not limit subsection (2).
22
(5) For the purposes of this Act, if a notice is transmitted to the
23
Administrator by means of an electronic communication, the notice
24
is taken to have been transmitted on the day on which the
25
electronic communication is dispatched.
26
(6) Subsection (5) of this section has effect despite subsections 14(3)
27
and (4) of the Electronic Transactions Act 1999.
28
(7) This section does not, by implication, limit the regulations that may
29
be made under the Electronic Transactions Act 1999.
30
Preliminary Part 1
Section 6
Australian National Registry of Emissions Units Bill 2011 No. , 2011 11
6 Crown to be bound
1
(1) This Act binds the Crown in each of its capacities.
2
(2) This Act does not make the Crown liable to a pecuniary penalty or
3
to be prosecuted for an offence.
4
(3) The protection in subsection (2) does not apply to an authority of
5
the Crown.
6
7 Extension to external Territories
7
This Act extends to every external Territory.
8
9
Part 2 Australian National Registry of Emissions Units
Division 1 Introduction
Section 8
12 Australian National Registry of Emissions Units Bill 2011 No. , 2011
Part 2--Australian National Registry of Emissions
1
Units
2
Division 1--Introduction
3
8 Simplified outline
4
The following is a simplified outline of this Part:
5
·
The Australian National Registry of Emissions Units is
6
continued in existence.
7
·
The Administrator may, in accordance with the regulations,
8
open a Registry account in the name of a person.
9
·
A person may, in accordance with the regulations, request the
10
Administrator to close the person's Registry account.
11
·
The Administrator is empowered to make corrections to the
12
Registry.
13
·
A person may apply to the Federal Court for the rectification
14
of the Registry.
15
16
Australian National Registry of Emissions Units Part 2
Australian National Registry of Emissions Units Division 2
Section 9
Australian National Registry of Emissions Units Bill 2011 No. , 2011 13
Division 2--Australian National Registry of Emissions
1
Units
2
9 Australian National Registry of Emissions Units
3
(1)
The
register:
4
(a) known as the Australian National Registry of Emissions
5
Units; and
6
(b) that was in existence under the executive power of the
7
Commonwealth immediately before the commencement of
8
this section;
9
continues in existence as a register under this Act under the name
10
Australian National Registry of Emissions Units.
11
(2) The Registry is to be kept by the Administrator.
12
Note: In
this
Act,
Registry means the Australian National Registry of
13
Emissions Units--see section 4.
14
(3) The Registry is to be maintained by electronic means.
15
(4) The purposes of the Registry are as follows:
16
(a) to be a registry for Australian carbon credit units;
17
(b) to be Australia's national registry for Kyoto units.
18
19
Part 2 Australian National Registry of Emissions Units
Division 3 Registry accounts
Section 10
14 Australian National Registry of Emissions Units Bill 2011 No. , 2011
Division 3--Registry accounts
1
10 Registry accounts
2
(1) The regulations may make provision for and in relation to
3
empowering the Administrator to open accounts within the
4
Registry.
5
(2) An account opened under regulations made for the purposes of
6
subsection (1) is to be opened in the name of a particular person.
7
(3) An account kept in the name of a person is to be known as a
8
Registry account of the person.
9
(4) Each Registry account is to be identified by a unique number, to be
10
known as the account number of the Registry account.
11
(5) A person may have 2 or more Registry accounts.
12
(6) Regulations made for the purposes of subsection (1) may make
13
provision for or in relation to any or all of the following matters:
14
(a) requests to open Registry accounts;
15
(b) the approval by the Administrator of a form for such a
16
request;
17
(c) information that must accompany such a request;
18
(d) the fee (if any) that must accompany such a request;
19
(e) verification by statutory declaration of statements in such a
20
request;
21
(f) empowering the Administrator:
22
(i) to require a person who makes such a request to give the
23
Administrator further information in connection with
24
such a request; and
25
(ii) if the person breaches the requirement--to refuse to
26
consider the request, or to refuse to take any action, or
27
any further action, in relation to the request.
28
(7) Subsection (6) does not limit subsection (1).
29
(8) A fee mentioned in paragraph (6)(d) must not be such as to amount
30
to taxation.
31
Australian National Registry of Emissions Units Part 2
Registry accounts Division 3
Section 11
Australian National Registry of Emissions Units Bill 2011 No. , 2011 15
Note 1:
See also section 11 (identification procedures).
1
Note 2:
See also section 16 (unilateral closure of Registry accounts).
2
11 Opening of Registry accounts--identification procedures
3
(1) The regulations may prescribe identification procedures that must
4
be carried out by the Administrator before the Administrator opens
5
a Registry account in the name of the person.
6
(2) The regulations may declare that a specified number is a
7
transaction limit for the purposes of this section.
8
(3) The regulations may make provision for identifying Registry
9
accounts that are subject to a transaction limit.
10
(4) An identification procedure prescribed under regulations made for
11
the purposes of subsection (1):
12
(a) may be expressed to apply to Registry accounts that are
13
subject to a transaction limit; or
14
(b) may be expressed to apply to Registry accounts that are not
15
subject to a transaction limit.
16
(5) The regulations may provide that, if a Registry account is subject
17
to a particular transaction limit, the Administrator must not:
18
(a) issue any Australian carbon credit units to the account; or
19
(b) comply with an instruction to transfer units to the account;
20
if doing so would result in the account having entries for a number
21
of units that exceeds the transaction limit.
22
12 Designation of Commonwealth Registry accounts
23
The regulations may empower the Administrator to designate a
24
Commonwealth Registry account as an account with a name
25
specified in the regulations.
26
13 Opening of new Commonwealth Registry accounts
27
The regulations may empower the Minister to direct the
28
Administrator to:
29
Part 2 Australian National Registry of Emissions Units
Division 3 Registry accounts
Section 14
16 Australian National Registry of Emissions Units Bill 2011 No. , 2011
(a) open a Registry account in the name of the Commonwealth;
1
and
2
(b) give that Registry account the designation specified in the
3
direction.
4
14 Units in certain accounts cannot be transferred
5
(1) The regulations may provide that, if there is an entry for a Kyoto
6
unit in a specified Commonwealth Registry account, the unit
7
cannot be transferred.
8
(2) Regulations made for the purposes of subsection (1) have effect
9
despite any other provision of this Act or the Carbon Credits
10
(Carbon Farming Initiative) Act 2011.
11
15 Voluntary closure of Registry accounts
12
(1) The regulations may make provision for and in relation to
13
empowering the Administrator to close a Registry account kept in
14
the name of a person.
15
(2) Regulations made for the purposes of subsection (1) must not
16
empower the Administrator to close a Registry account unless:
17
(a) the person, by written notice given to the Administrator,
18
requests the Administrator to close the account; and
19
(b) there are no entries for any Australian carbon credit units in
20
the account; and
21
(c) there are no entries for any Kyoto units in the account; and
22
(d) there are no entries for any non-Kyoto international
23
emissions units in the account.
24
16 Unilateral closure of Registry accounts etc.
25
(1) The regulations may make provision for and in relation to
26
empowering the Administrator to close a Registry account kept in
27
the name of a person.
28
(2) Regulations made for the purposes of subsection (1) must not
29
empower the Administrator to close a Registry account unless:
30
Australian National Registry of Emissions Units Part 2
Registry accounts Division 3
Section 16
Australian National Registry of Emissions Units Bill 2011 No. , 2011 17
(a) the person has contravened, or is contravening, this Part or
1
regulations made for this proposes of this Part; and
2
(b) at least 30 days before closing the account, the Administrator
3
gives the person a written notice:
4
(i) stating that the Administrator proposes to close the
5
account; and
6
(ii) setting out the effect of any regulations made for the
7
purposes of subsections (3), (4), (5) and (6).
8
Cancellation or transfer of units
9
(3) The regulations may provide that, if immediately before the
10
Administrator closes a Registry account under regulations made for
11
the purposes of subsection (1), there is an entry for an Australian
12
carbon credit unit in the account, the unit is cancelled.
13
(4) The regulations may provide that, if immediately before the
14
Administrator closes a Registry account under regulations made for
15
the purposes of subsection (1), there is an entry for a Kyoto unit in
16
the account, the Administrator must transfer the unit to a voluntary
17
cancellation account.
18
(5) The regulations may provide that, if immediately before the
19
Administrator closes a Registry account under regulations made for
20
the purposes of subsection (1), there is an entry for a non-Kyoto
21
international emissions unit in the account, the unit is cancelled.
22
Refusal of request to open new Registry account
23
(6) The regulations may provide that, if:
24
(a) the Administrator has closed a person's Registry account
25
under regulations made for the purposes of subsection (1) of
26
this section; and
27
(b) the person requests the Administrator, under regulations
28
made for the purposes of subsection 10(1), to open a Registry
29
account in the name of the person;
30
the Administrator must, under regulations made for the purposes of
31
subsection 10(1), refuse the request.
32
Part 2 Australian National Registry of Emissions Units
Division 3 Registry accounts
Section 16
18 Australian National Registry of Emissions Units Bill 2011 No. , 2011
Record
1
(7) The Registry must set out a record of:
2
(a) each closure under regulations made for the purposes of
3
subsection (1); and
4
(b) each cancellation under regulations made for the purposes of
5
subsection (3) or (5).
6
7
Australian National Registry of Emissions Units Part 2
Entries in Registry accounts Division 4
Section 17
Australian National Registry of Emissions Units Bill 2011 No. , 2011 19
Division 4--Entries in Registry accounts
1
17 Entries in Registry accounts
2
Australian carbon credit units
3
(1) An entry for an Australian carbon credit unit in a Registry account
4
may be made in accordance with the Carbon Credits (Carbon
5
Farming Initiative) Act 2011.
6
Kyoto units
7
(2) An entry for a Kyoto unit in a Registry account may be made in
8
accordance with this Act.
9
Non-Kyoto international emissions units
10
(3) An entry for a non-Kyoto international emissions unit in a Registry
11
account may be made in accordance with this Act.
12
13
Part 2 Australian National Registry of Emissions Units
Division 5 Change in name of account holder
Section 18
20 Australian National Registry of Emissions Units Bill 2011 No. , 2011
Division 5--Change in name of account holder
1
18 Change in name of account holder
2
The regulations may provide that, if:
3
(a) a Registry account is kept in the name of a person; and
4
(b) the name of the person has changed; and
5
(c) the person applies in writing to the Administrator to have the
6
new name substituted for the previous name in the Registry
7
in relation to the account;
8
the Administrator may make the necessary alterations in the
9
Registry.
10
11
Australian National Registry of Emissions Units Part 2
Correction and rectification of Registry Division 6
Section 19
Australian National Registry of Emissions Units Bill 2011 No. , 2011 21
Division 6--Correction and rectification of Registry
1
19 Corrections of clerical errors, obvious defects or unauthorised
2
entries etc.
3
Power of correction
4
(1) The Administrator may alter the Registry for the purposes of
5
correcting:
6
(a) a clerical error or an obvious defect in the Registry; or
7
(b) an entry made in the Registry without sufficient cause; or
8
(c) an entry wrongly existing in the Registry; or
9
(d) an entry wrongly removed from the Registry.
10
(2) The Administrator may exercise the power conferred by
11
subsection (1):
12
(a) on written application being made to the Administrator by a
13
person; or
14
(b) on the Administrator's own initiative.
15
(3) The Administrator must not exercise the power conferred by
16
subsection (1) of this section in a manner contrary to a decision of
17
the Federal Court in proceedings under section 22.
18
Publication of alteration
19
(4) If the Administrator makes an alteration to the Registry under
20
subsection (1), the Administrator must cause to be published on the
21
Administrator's website a notice setting out the details of the
22
alteration.
23
Refusal
24
(5)
If:
25
(a) the Administrator decides to refuse to alter the Registry under
26
subsection (1); and
27
(b) the Administrator made the decision in response to an
28
application;
29
Part 2 Australian National Registry of Emissions Units
Division 6 Correction and rectification of Registry
Section 20
22 Australian National Registry of Emissions Units Bill 2011 No. , 2011
the Administrator must give written notice of the decision to the
1
applicant.
2
20 General power of correction of Registry--Kyoto units
3
Power of correction
4
(1) The Administrator may make such alterations to the Registry as the
5
Administrator considers appropriate for the purposes of ensuring
6
that the relevant provisions of the Kyoto rules are complied with.
7
(2) The Administrator may exercise the power conferred by
8
subsection (1):
9
(a) on written application being made to the Administrator by a
10
person; or
11
(b) on the Administrator's own initiative.
12
Publication of alteration
13
(3) If the Administrator makes an alteration to the Registry under
14
subsection (1), the Administrator must cause to be published on the
15
Administrator's website a notice setting out the details of the
16
alteration.
17
Refusal
18
(4)
If:
19
(a) the Administrator decides to refuse to alter the Registry under
20
subsection (1); and
21
(b) the Administrator made the decision in response to an
22
application;
23
the Administrator must give written notice of the decision to the
24
applicant.
25
Australian National Registry of Emissions Units Part 2
Correction and rectification of Registry Division 6
Section 21
Australian National Registry of Emissions Units Bill 2011 No. , 2011 23
21 General power of correction of Registry--non-Kyoto
1
international emissions units
2
Power of correction
3
(1) The Administrator may make such alterations to the Registry as the
4
Administrator considers appropriate for the purposes of ensuring
5
that the relevant provisions of an international agreement, to the
6
extent to which it relates to a non-Kyoto international emissions
7
unit, are complied with.
8
(2) The Administrator may exercise the power conferred by
9
subsection (1):
10
(a) on written application being made to the Administrator by a
11
person; or
12
(b) on the Administrator's own initiative.
13
Publication of alteration
14
(3) If the Administrator makes an alteration to the Registry under
15
subsection (1), the Administrator must cause to be published on the
16
Administrator's website a notice setting out the details of the
17
alteration.
18
Refusal
19
(4)
If:
20
(a) the Administrator decides to refuse to alter the Registry under
21
subsection (1); and
22
(b) the Administrator made the decision in response to an
23
application;
24
the Administrator must give written notice of the decision to the
25
applicant.
26
22 Rectification of Registry
27
Application for rectification by aggrieved person
28
(1) If a person is aggrieved by any of the following:
29
(a) the omission of an entry from the Registry;
30
Part 2 Australian National Registry of Emissions Units
Division 6 Correction and rectification of Registry
Section 22
24 Australian National Registry of Emissions Units Bill 2011 No. , 2011
(b) an entry made in the Registry without sufficient cause;
1
(c) an entry wrongly existing in the Registry;
2
(d) an error or defect in an entry in the Registry;
3
(e) an entry wrongly removed from the Registry;
4
the person may apply to the Federal Court for the rectification of
5
the Registry.
6
Application for rectification by the Administrator
7
(2) If the Administrator is concerned about any of the following:
8
(a) the omission of an entry from the Registry;
9
(b) an entry made in the Registry without sufficient cause;
10
(c) an entry wrongly existing in the Registry;
11
(d) an error or defect in an entry in the Registry;
12
(e) an entry wrongly removed from the Registry;
13
the Administrator may apply to the Federal Court for the
14
rectification of the Registry.
15
Court orders
16
(3) If an application is made under subsection (1) or (2) to the Federal
17
Court for the rectification of the Registry, the court may make such
18
order as it thinks fit directing the rectification of the Registry.
19
(4) An order made by the court must not be expressed to take effect
20
before the order is made.
21
(5) In proceedings under this section, the court may decide any
22
question that it is necessary or expedient to decide in connection
23
with the rectification of the Registry.
24
Appearance of Administrator
25
(6) Notice of an application under subsection (1) must be given to the
26
Administrator, whose representative:
27
(a) may appear and be heard; and
28
(b) must appear if so directed by the court.
29
Australian National Registry of Emissions Units Part 2
Correction and rectification of Registry Division 6
Section 22
Australian National Registry of Emissions Units Bill 2011 No. , 2011 25
Copy of order to be given to Administrator
1
(7) An office copy of an order made by the court may be given to the
2
Administrator.
3
Compliance with order
4
(8) The Administrator must, on receipt of the order, rectify the
5
Registry accordingly.
6
7
Part 2 Australian National Registry of Emissions Units
Division 7 Miscellaneous
Section 23
26 Australian National Registry of Emissions Units Bill 2011 No. , 2011
Division 7--Miscellaneous
1
23 Making a false entry in the Registry
2
A person commits an offence if:
3
(a)
the
person:
4
(i) makes an entry in the Registry; or
5
(ii) causes an entry to be made in the Registry; or
6
(iii) concurs in the making of an entry in the Registry; and
7
(b) the person does so knowing that the entry is false.
8
Penalty: Imprisonment for 7 years or 2,000 penalty units, or both.
9
Note:
The same conduct may be an offence against both this section and
10
section 145.4 of the Criminal Code.
11
24 Falsified documents
12
A person commits an offence if:
13
(a) the person produces or tenders in evidence a document; and
14
(b) the document falsely purports to be a copy of or extract from
15
an entry in the Registry.
16
Penalty: Imprisonment for 12 months or 60 penalty units, or both.
17
Note:
The same conduct may be an offence against both this section and
18
section 137.2 of the Criminal Code.
19
25 Evidentiary provisions
20
(1) The Administrator may supply a copy of or extract from the
21
Registry certified by the Administrator to be a true copy or true
22
extract, as the case may be.
23
(2) The certified copy or extract is admissible in evidence in all courts
24
and proceedings without further proof or production of the original.
25
(3) The Administrator may charge a fee specified in the regulations for
26
supplying a certified copy or extract under subsection (1).
27
(4) A fee specified under subsection (3) must not be such as to amount
28
to taxation.
29
Australian National Registry of Emissions Units Part 2
Miscellaneous Division 7
Section 26
Australian National Registry of Emissions Units Bill 2011 No. , 2011 27
26 Use and disclosure of information obtained from the Registry
1
Use
2
(1) A person must not use information to contact or send material to
3
another person if that information:
4
(a) is about the other person; and
5
(b) was obtained from the Registry.
6
Disclosure
7
(2) A person (the first person) must not disclose information that:
8
(a) is about another person; and
9
(b) was obtained from the Registry; and
10
(c) the first person knows is likely to be used to contact or send
11
material to the other person.
12
Exception
13
(3) Subsections (1) and (2) do not apply if the use or disclosure of the
14
information is relevant to:
15
(a) the holding of:
16
(i) Australian carbon credit units; or
17
(ii) Kyoto units; or
18
(iii) non-Kyoto international emissions units;
19
recorded in the Registry; or
20
(b) the exercise of the rights attaching to those units.
21
(4) A person who wishes to rely on subsection (3) bears an evidential
22
burden in relation to that matter.
23
Note: For
evidential burden, see section 4.
24
Ancillary contraventions
25
(5) A person must not:
26
(a) aid, abet, counsel or procure a contravention of subsection (1)
27
or (2); or
28
(b) induce, whether by threats or promises or otherwise, a
29
contravention of subsection (1) or (2); or
30
Part 2 Australian National Registry of Emissions Units
Division 7 Miscellaneous
Section 27
28 Australian National Registry of Emissions Units Bill 2011 No. , 2011
(c) be in any way, directly or indirectly, knowingly concerned in,
1
or party to, a contravention of subsection (1) or (2); or
2
(d) conspire with others to effect a contravention of
3
subsection (1) or (2).
4
Civil penalty provisions
5
(6) Subsections (1), (2) and (5) are civil penalty provisions.
6
Note:
Part 7 provides for pecuniary penalties for breaches of civil penalty
7
provisions.
8
27 Regulations about the Registry
9
(1) The regulations may make further provision in relation to the
10
Registry.
11
(2) Regulations made for the purposes of subsection (1) may make
12
provision requiring the holder of a Registry account to notify a
13
matter to the Administrator.
14
(3) Subsection (2) does not limit subsection (1).
15
Requirement
16
(4) If the holder of a Registry account is subject to a requirement under
17
regulations made for the purposes of subsection (1) or (2), the
18
holder must comply with that requirement.
19
Ancillary contraventions
20
(5) A person must not:
21
(a) aid, abet, counsel or procure a contravention of
22
subsection (4); or
23
(b) induce, whether by threats or promises or otherwise, a
24
contravention of subsection (4); or
25
(c) be in any way, directly or indirectly, knowingly concerned in,
26
or party to, a contravention of subsection (4); or
27
(d) conspire with others to effect a contravention of
28
subsection (4).
29
Australian National Registry of Emissions Units Part 2
Miscellaneous Division 7
Section 28
Australian National Registry of Emissions Units Bill 2011 No. , 2011 29
Civil penalty provisions
1
(6) Subsections (4) and (5) are civil penalty provisions.
2
Note:
Part 7 provides for pecuniary penalties for breaches of civil penalty
3
provisions.
4
28 Suspension of operation of the Registry
5
(1) The Administrator may temporarily suspend the operation of the
6
Registry if the Administrator is satisfied that:
7
(a) the suspension is required so that maintenance can be carried
8
out; or
9
(b) it is prudent to suspend the operation of the Registry in order
10
to:
11
(i) ensure the integrity of the Registry; or
12
(ii) prevent, mitigate or minimise abuse of the Registry; or
13
(iii) prevent, mitigate or minimise criminal activity
14
involving the Registry.
15
(2) If the Administrator suspends the operation of the Registry, the
16
Administrator must publish a notice on the Administrator's website
17
informing the public of the suspension.
18
(3) If the Administrator suspends the operation of the Registry, the
19
Administrator may defer taking action in relation to the Registry
20
until the suspension ends.
21
22
Part 3 Kyoto units
Section 29
30 Australian National Registry of Emissions Units Bill 2011 No. , 2011
Part 3--Kyoto units
1
2
29 Simplified outline
3
The following is a simplified outline of this Part:
4
·
This Part sets out rules about dealings with Kyoto units.
5
30 Entries for Kyoto units
6
An entry for a Kyoto unit in a Registry account is to consist of the
7
serial number of the unit.
8
31 Issue of Australia's assigned amount units
9
Object
10
(1) The object of this section is to provide for the issue of Australia's
11
assigned amount units for a commitment period.
12
Issue
13
(2) The Secretary may, by written notice given to the Administrator,
14
direct the Administrator to issue to the Commonwealth, in
15
accordance with the Kyoto rules, a specified number of assigned
16
amount units for a specified commitment period.
17
(3) The Administrator must comply with a direction under
18
subsection (2).
19
(4) The Administrator is to issue an assigned amount unit by making
20
an entry for the unit in a Commonwealth holding account.
21
(5) This section does not, by implication, affect the validity of the
22
issue of assigned amount units, where the units were issued before
23
the commencement of this section under the executive power of the
24
Commonwealth.
25
Kyoto units Part 3
Section 32
Australian National Registry of Emissions Units Bill 2011 No. , 2011 31
32 Issue of removal units
1
Object
2
(1) The object of this section is to provide for the issue of Australia's
3
removal units.
4
Issue
5
(2) The Secretary may, by written notice given to the Administrator,
6
direct the Administrator to issue to the Commonwealth, in
7
accordance with the Kyoto rules, a specified number of removal
8
units.
9
(3) The Administrator must comply with a direction under
10
subsection (2).
11
(4) The Administrator is to issue a removal unit by making an entry for
12
the unit in a Commonwealth holding account.
13
(5) This section does not, by implication, affect the validity of the
14
issue of removal units, where the units were issued before the
15
commencement of this section under the executive power of the
16
Commonwealth.
17
33 Transfer of Kyoto units
18
(1) For the purposes of this Act, if there is an entry for a Kyoto unit in
19
a Registry account (the first Registry account) kept by a person
20
(the first person):
21
(a)
a
transfer of the unit from the first Registry account to a
22
Registry account kept by another person consists of:
23
(i) the removal of the entry for the unit from the first
24
Registry account; and
25
(ii) the making of an entry for the unit in the Registry
26
account kept by the other person; and
27
(b)
the
transfer of the unit from the first Registry account to
28
another Registry account kept by the first person consists of:
29
(i) the removal of the entry for the unit from the first
30
Registry account; and
31
Part 3 Kyoto units
Section 34
32 Australian National Registry of Emissions Units Bill 2011 No. , 2011
(ii) the making of an entry for the unit in the other Registry
1
account kept by the first person; and
2
(c)
the
transfer of the unit from the first Registry account to a
3
foreign account kept by another person consists of:
4
(i) the removal of the entry for the unit from the first
5
Registry account; and
6
(ii) the making of an entry for the unit in the foreign
7
account kept by the other person; and
8
(d)
the
transfer of the unit from the first Registry account to a
9
foreign account kept by the first person consists of:
10
(i) the removal of the entry for the unit from the first
11
Registry account; and
12
(ii) the making of an entry for the unit in the foreign
13
account kept by the first person.
14
(2) For the purposes of this Act, if there is an entry for a Kyoto unit in
15
a foreign account, a transfer of the unit from the foreign account to
16
a Registry account consists of:
17
(a) the removal of the entry for the unit from the foreign account;
18
and
19
(b) the making of an entry for the unit in the Registry account.
20
34 Domestic transfers of Kyoto units
21
(1) If a person (the first person) is the registered holder of one or more
22
Kyoto units, the person may, by electronic notice transmitted to the
23
Administrator, instruct the Administrator to transfer the units from
24
the relevant Registry account kept by the person (the first Registry
25
account) to:
26
(a) a Registry account kept by another person; or
27
(b) another Registry account kept by the first person.
28
(2) An instruction under subsection (1) must set out:
29
(a) the account number of the first Registry account; and
30
(b) the account number of the Registry account mentioned in
31
paragraph (1)(a) or (b); and
32
(c) such other information as is specified in the regulations.
33
Kyoto units Part 3
Section 35
Australian National Registry of Emissions Units Bill 2011 No. , 2011 33
Compliance with instruction
1
(3) If the Administrator receives an instruction under subsection (1):
2
(a) if the Administrator is satisfied that giving effect to the
3
instruction would breach:
4
(i) regulations made for the purposes of section 39 (Kyoto
5
rules); or
6
(ii) regulations made for the purposes of section 41
7
(commitment period reserve); or
8
(iii) regulations made for the purposes of section 44
9
(Commonwealth Registry accounts);
10
the Administrator must, by written notice given to the first
11
person, refuse to give effect to the instruction; and
12
(b) if paragraph (a) does not apply--the Administrator must give
13
effect to the instruction as soon as practicable after receiving
14
it.
15
(4) If the Administrator gives effect to an instruction under
16
subsection (1), the Registry must set out a record of the instruction.
17
(5) If the first person is the Commonwealth, the Minister may give an
18
instruction under subsection (1) on behalf of the first person.
19
35 Outgoing international transfers of Kyoto units
20
(1)
If:
21
(a) there is in force a declaration under section 37 that Australia
22
is in compliance with the emissions trading eligibility
23
requirements under the Kyoto rules; and
24
(b) a person (the first person) is the registered holder of one or
25
more Kyoto units;
26
the person may, by electronic notice transmitted to the
27
Administrator, instruct the Administrator to transfer the units from
28
the relevant Registry account kept by the person (the first Registry
29
account) to:
30
(c) a foreign account kept by another person; or
31
(d) a foreign account kept by the first person.
32
(2) An instruction under subsection (1) must set out:
33
Part 3 Kyoto units
Section 36
34 Australian National Registry of Emissions Units Bill 2011 No. , 2011
(a) the account number of the relevant Registry account kept by
1
the first person; and
2
(b) such other information as is specified in the regulations.
3
Compliance with instruction
4
(3) If the Administrator receives an instruction under subsection (1):
5
(a) if the Administrator is satisfied that giving effect to the
6
instruction would breach:
7
(i) regulations made for the purposes of section 39 (Kyoto
8
rules); or
9
(ii) regulations made for the purposes of section 41
10
(commitment period reserve);
11
the Administrator must, by written notice given to the first
12
person, refuse to give effect to the instruction; and
13
(b) if paragraph (a) does not apply--the Administrator must take
14
such steps as are required by regulations made for the
15
purposes of section 39.
16
(4) Regulations made for the purposes of section 39 may require the
17
Administrator to remove the entry for the unit or units from the
18
relevant Registry account.
19
(5) Subsection (4) does not limit section 39.
20
(6) If the Administrator takes steps under paragraph (3)(b) in relation
21
to an instruction, the Registry must set out a record of the
22
instruction.
23
(7) If the first person is the Commonwealth, the Minister may give an
24
instruction under subsection (1) on behalf of the first person.
25
36 Incoming international transfers of Kyoto units
26
(1)
If:
27
(a) there is in force a declaration under section 37 that Australia
28
is in compliance with the emissions trading eligibility
29
requirements under the Kyoto rules; and
30
Kyoto units Part 3
Section 37
Australian National Registry of Emissions Units Bill 2011 No. , 2011 35
(b) the Administrator receives an instruction, in accordance with
1
the relevant provisions of the Kyoto rules, for the transfer of
2
a Kyoto unit from a foreign account; and
3
(c) the Kyoto unit is not specified in the regulations as a unit that
4
cannot be transferred to a Registry account; and
5
(d) making an entry for the Kyoto unit in the relevant Registry
6
account would not breach regulations made for the purposes
7
of section 39 (Kyoto rules); and
8
(e) making an entry for the Kyoto unit in the relevant Registry
9
account would not breach regulations made for the purposes
10
of section 44 (Commonwealth Registry accounts);
11
the Administrator must make an entry for the Kyoto unit in the
12
relevant Registry account.
13
Note:
For specification by class, see subsection 13(3) of the Legislative
14
Instruments Act 2003.
15
(2) However, the Administrator may refuse to make an entry for the
16
Kyoto unit in the relevant Registry account if the Administrator has
17
reasonable grounds to suspect that the instruction is fraudulent.
18
37 Compliance by Australia with emissions trading eligibility
19
requirements under the Kyoto rules
20
Declaration
21
(1) If the Minister is satisfied that Australia is in compliance with the
22
eligibility requirements mentioned in paragraph 2 of the Annex to
23
Decision 11/CMP.1 of the Meeting of the Kyoto Parties, the
24
Minister must, by writing, declare that Australia is in compliance
25
with the emissions trading eligibility requirements under the Kyoto
26
rules.
27
Revocation of declaration
28
(2)
If:
29
(a) a declaration is in force under subsection (1); and
30
(b) the Minister is not satisfied that Australia is in compliance
31
with the eligibility requirements mentioned in paragraph 2 of
32
the Annex to Decision 11/CMP.1 of the Meeting of the
33
Kyoto Parties;
34
Part 3 Kyoto units
Section 38
36 Australian National Registry of Emissions Units Bill 2011 No. , 2011
the Minister must, by writing, revoke the declaration.
1
Declaration or revocation is not a legislative instrument
2
(3) An instrument made under subsection (1) or (2) is not a legislative
3
instrument.
4
38 Conversion of assigned amount units, or removal units, to
5
emission reduction units--joint implementation projects
6
etc.
7
Scope
8
(1) This section applies if:
9
(a) a person keeps a Registry account in which there is an entry
10
for:
11
(i) an assigned amount unit; or
12
(ii) a removal unit; and
13
(b) the unit was obtained by the person as the result of a transfer
14
in accordance with regulations made for the purposes of
15
subsection 157(2) of the Carbon Credits (Carbon Farming
16
Initiative) Act 2011; and
17
(c) before 1 July 2013, the person, by electronic notice
18
transmitted to the Administrator, instructs the Administrator
19
to convert the unit to an emission reduction unit; and
20
(d) the instruction sets out the account number of the Registry
21
account; and
22
(e) the conditions (if any) specified in the regulations are
23
satisfied; and
24
(f) giving effect to the instruction would not breach regulations
25
made for the purposes of section 39 of this Act; and
26
(g) the instruction does not contravene regulations made for the
27
purposes of subsection 41(5) of this Act.
28
Compliance with instruction
29
(2) If the Administrator receives an instruction under paragraph (1)(c),
30
the Administrator must take such steps as are required by the
31
regulations to comply with the instruction.
32
Kyoto units Part 3
Section 39
Australian National Registry of Emissions Units Bill 2011 No. , 2011 37
(3) The Registry must set out a record of the instruction under
1
paragraph (1)(c).
2
39 Kyoto rules
3
(1) The regulations may make provision for, or in relation to, giving
4
effect to the Kyoto rules, so far as the Kyoto rules relate to:
5
(a) the transfer of a Kyoto unit from a Registry account to a
6
foreign account; or
7
(b) the transfer of a Kyoto unit from a foreign account to a
8
Registry account; or
9
(c) the transfer of a Kyoto unit from a Registry account to a
10
Commonwealth Registry account; or
11
(d) the issue of a Kyoto unit; or
12
(e) the conversion of an assigned amount unit, or a removal unit,
13
to an emission reduction unit.
14
(2) Regulations made for the purposes of subsection (1) may:
15
(a) prevent, restrict or limit the transfer of Kyoto units from a
16
Registry account to:
17
(i) a foreign account; or
18
(ii) a voluntary cancellation account; or
19
(b) prevent, restrict or limit the transfer of Kyoto units from a
20
foreign account to a Registry account; or
21
(c) prevent, restrict or limit the giving of instructions under
22
paragraph 38(1)(c).
23
(3) Subsection (2) does not limit subsection (1).
24
40 Carry-over restrictions
25
Kyoto units for which carry-over is permitted
26
(1) The regulations may make provision for, or in relation to, the
27
following matters:
28
(a) the identification of:
29
(i) assigned amount units in Registry accounts; or
30
Part 3 Kyoto units
Section 40
38 Australian National Registry of Emissions Units Bill 2011 No. , 2011
(ii) certified emission reductions (other than temporary
1
certified emission reductions or long-term certified
2
emission reductions) in Registry accounts; or
3
(iii) emission reduction units (other than emission reduction
4
units that have been converted from removal units) in
5
Registry accounts;
6
as Kyoto units for which carry-over is permitted subject to
7
such limits or restrictions (if any) as are specified in the
8
regulations;
9
(b) the procedures for the carry-over of such Kyoto units;
10
(c) requiring the Administrator to transfer from the relevant
11
Registry account to a mandatory cancellation account any
12
such Kyoto units that have not been carried over in
13
accordance with those procedures.
14
Kyoto units for which carry-over is not permitted
15
(2) The regulations may make provision for, or in relation to, the
16
following matters:
17
(a) the identification of Kyoto units for which carry-over is not
18
permitted;
19
(b) requiring the Administrator to transfer from the relevant
20
Registry account to a mandatory cancellation account any
21
such Kyoto units held in the Registry account at a time
22
ascertained in accordance with the regulations.
23
(3) Regulations made for the purposes of paragraph (2)(a) must
24
identify the following units issued in relation to the relevant
25
commitment period as units for which carry-over is not permitted:
26
(a)
removal
units;
27
(b) temporary certified emission reductions;
28
(c) long-term certified emission reductions;
29
(d) emission reduction units that have been converted from
30
removal units.
31
Kyoto rules
32
(4) Regulations made for the purposes of this section must not be
33
inconsistent with the Kyoto rules.
34
Kyoto units Part 3
Section 41
Australian National Registry of Emissions Units Bill 2011 No. , 2011 39
41 Commitment period reserve
1
(1) The regulations may make provision for, or in relation to, the
2
management of Australia's commitment period reserve.
3
(2) Regulations made for the purposes of subsection (1) may prevent,
4
restrict or limit the transfer of Kyoto units from a Registry account
5
to:
6
(a) a foreign account; or
7
(b) a voluntary cancellation account.
8
(3) Regulations made for the purposes of subsection (1) may prevent,
9
restrict or limit the giving of instructions, under paragraph
10
154(1)(b) of the Carbon Credits (Carbon Farming Initiative) Act
11
2011, for the transfer of Kyoto Australian carbon credit units.
12
(4) Regulations made for the purposes of subsection (1) may prevent,
13
restrict or limit the giving of instructions under paragraph
14
157(1)(b) of the Carbon Credits (Carbon Farming Initiative) Act
15
2011.
16
(5) Regulations made for the purposes of subsection (1) may prevent,
17
restrict or limit the giving of instructions under paragraph 38(1)(c).
18
42 Cancellation of temporary certified emission reductions or
19
long-term certified emission reductions
20
Scope
21
(1) This section applies if:
22
(a) a person is the holder of a Registry account in which there is
23
an entry for a temporary certified emission reduction or a
24
long-term certified emission reduction; and
25
(b) the temporary certified emission reduction or long-term
26
certified emission reduction expires.
27
Transfer to mandatory cancellation account
28
(2) The Administrator must, in accordance with the regulations,
29
transfer the temporary certified emission reduction or long-term
30
certified emission reduction to a mandatory cancellation account.
31
Part 3 Kyoto units
Section 43
40 Australian National Registry of Emissions Units Bill 2011 No. , 2011
43 Replacement of long-term certified emission reductions
1
Scope
2
(1) This section applies if:
3
(a) a person is the holder of a Registry account in which there is
4
an entry for a long-term certified emission reduction; and
5
(b) under the regulations, the person is required to replace the
6
long-term certified emission reduction by a particular time
7
ascertained in accordance with the regulations; and
8
(c) the person breaches that requirement.
9
Transfer to mandatory cancellation account
10
(2) The Administrator must, in accordance with the regulations,
11
transfer the long-term certified emission reduction to a mandatory
12
cancellation account.
13
Replacement of long-term certified emission reduction
14
(3) For the purposes of this section, if a long-term certified emission
15
reduction relates to a clean development mechanism project, the
16
replacement by the person of the long-term certified emission
17
reduction consists of instructing the Administrator under section 34
18
to transfer:
19
(a) an assigned amount unit; or
20
(b) a removal unit; or
21
(c) an emission reduction unit; or
22
(d) a certified emission reduction (other than a temporary
23
certified emission reduction or a long-term certified emission
24
reduction); or
25
(e) a long-term certified emission reduction relating to the
26
project;
27
from a Registry account kept by the person to whichever of the
28
following accounts is taken, under the regulations, to be the
29
appropriate account:
30
(f) the long-term certified emission reduction replacement
31
(storage reversal) account;
32
Kyoto units Part 3
Section 44
Australian National Registry of Emissions Units Bill 2011 No. , 2011 41
(g) the long-term certified emission reduction replacement
1
(non-certification) account.
2
Identification of long-term certified emission reductions for which
3
replacement is required
4
(4) Regulations made for the purposes of paragraph (1)(b) may make
5
provision for, or in relation to, the identification of long-term
6
certified emission reductions for which replacement is required.
7
44 Restrictions on transfer of Kyoto units to a Commonwealth
8
Registry account
9
The regulations may prevent, restrict or limit the transfer of Kyoto
10
units from:
11
(a) a Registry account; or
12
(b) a foreign account;
13
to a Commonwealth Registry account.
14
45 A registered Kyoto unit is personal property for certain purposes
15
Scope
16
(1) This section applies if there is an entry for a Kyoto unit in a
17
Registry account.
18
Personal property
19
(2) For each of the following purposes:
20
(a) the purposes of the Bankruptcy Act 1966;
21
(b) the purposes of Chapter 5 of the Corporations Act 2001;
22
(c) the purposes of the law relating to wills, intestacy and
23
deceased estates;
24
(d) a prescribed purpose;
25
the unit is personal property and, subject to section 47, is
26
transmissible by will and by devolution by operation of law.
27
Part 3 Kyoto units
Section 46
42 Australian National Registry of Emissions Units Bill 2011 No. , 2011
46 Equitable interests in relation to a Kyoto unit
1
(1) This Act does not affect:
2
(a) the creation of; or
3
(b) any dealings with; or
4
(c) the enforcement of;
5
equitable interests in relation to a Kyoto unit.
6
(2) Subsection (1) is enacted for the avoidance of doubt.
7
47 Transmission of registered Kyoto units by operation of law etc.
8
Scope
9
(1) This section applies if:
10
(a) under section 45, a Kyoto unit is personal property for a
11
particular purpose; and
12
(b) the unit is transmitted from a person (the transferor) to
13
another person (the transferee) by any lawful means for that
14
purpose.
15
Declaration of transmission
16
(2) The transferee must, within 90 days after the transmission, give the
17
Administrator:
18
(a) a declaration of transmission; and
19
(b) such evidence of transmission as is specified in the
20
regulations.
21
(3) A declaration of transmission must be made in accordance with the
22
regulations.
23
(4) If the transferee does not already have a Registry account, the
24
declaration of transmission must be accompanied by a request
25
under regulations made for the purposes of subsection 10(1) for the
26
Administrator to open a Registry account in the name of the
27
transferee.
28
Kyoto units Part 3
Section 47
Australian National Registry of Emissions Units Bill 2011 No. , 2011 43
(5) If the Administrator is satisfied that special circumstances warrant
1
the extension of the 90-day period mentioned in subsection (2), the
2
Administrator may extend that period.
3
(6) The Administrator may exercise the power conferred by
4
subsection (5):
5
(a) on written application being made to the Administrator by the
6
transferee; or
7
(b) on the Administrator's own initiative.
8
Transfer of unit--transferee already has a Registry account
9
(7) If the transferee already has a Registry account, the Administrator
10
must, as soon as practicable after receiving the declaration of
11
transmission, transfer the unit from the relevant Registry account
12
kept by the transferor to a Registry account kept by the transferee.
13
Transfer of unit--transferee does not have a Registry account
14
(8)
If:
15
(a) the transferee does not already have a Registry account; and
16
(b) in accordance with the request under regulations made for the
17
purposes of subsection 10(1), the Administrator has opened a
18
Registry account in the name of the transferee;
19
the Administrator must, as soon as practicable after opening the
20
Registry account, transfer the unit from the relevant Registry
21
account kept by the transferor to the Registry account kept by the
22
transferee.
23
Record
24
(9) If the Administrator transfers the unit under subsection (7) or (8),
25
the Registry must set out a record of the declaration of
26
transmission.
27
When the transferee is the Commonwealth
28
(10) If the transferee is the Commonwealth, the Minister may give:
29
(a) the declaration of transmission; and
30
(b) the evidence mentioned in paragraph (2)(b);
31
Part 3 Kyoto units
Section 47
44 Australian National Registry of Emissions Units Bill 2011 No. , 2011
on behalf of the transferee.
1
Notification
2
(11)
If:
3
(a) the Administrator decides to:
4
(i) extend the 90-day period mentioned in subsection (2);
5
or
6
(ii) refuse to extend the 90-day period mentioned in
7
subsection (2); and
8
(b) the Administrator made the decision in response to an
9
application;
10
the Administrator must give written notice of the decision to the
11
applicant.
12
13
Non-Kyoto international emissions units Part 4
Section 48
Australian National Registry of Emissions Units Bill 2011 No. , 2011 45
Part 4--Non-Kyoto international emissions units
1
2
48 Simplified outline
3
The following is a simplified outline of this Part:
4
·
This Part sets out rules about dealings with non-Kyoto
5
international emissions units.
6
49 Entries for non-Kyoto international emissions units
7
An entry for a non-Kyoto international emissions unit in a Registry
8
account is to consist of the serial number (however described) of
9
the unit.
10
50 Transfer of non-Kyoto international emissions units
11
(1) For the purposes of this Act, if there is an entry for a non-Kyoto
12
international emissions unit in a Registry account (the first
13
Registry account) kept by a person (the first person):
14
(a)
a
transfer of the unit from the first Registry account to a
15
Registry account kept by another person consists of:
16
(i) the removal of the entry for the unit from the first
17
Registry account; and
18
(ii) the making of an entry for the unit in the Registry
19
account kept by the other person; and
20
(b)
the
transfer of the unit from the first Registry account to
21
another Registry account kept by the first person consists of:
22
(i) the removal of the entry for the unit from the first
23
Registry account; and
24
(ii) the making of an entry for the unit in the other Registry
25
account kept by the first person; and
26
(c)
the
transfer of the unit from the first Registry account to a
27
foreign account kept by another person consists of:
28
(i) the removal of the entry for the unit from the first
29
Registry account; and
30
Part 4 Non-Kyoto international emissions units
Section 51
46 Australian National Registry of Emissions Units Bill 2011 No. , 2011
(ii) the making of an entry for the unit in the foreign
1
account kept by the other person; and
2
(d)
the
transfer of the unit from the first Registry account to a
3
foreign account kept by the first person consists of:
4
(i) the removal of the entry for the unit from the first
5
Registry account; and
6
(ii) the making of an entry for the unit in the foreign
7
account kept by the first person.
8
(2) For the purposes of this Act, if there is an entry for a non-Kyoto
9
international emissions unit in a foreign account, a transfer of the
10
unit from the foreign account to a Registry account consists of:
11
(a) the removal of the entry for the unit from the foreign account;
12
and
13
(b) the making of an entry for the unit in the Registry account.
14
51 Domestic transfers of non-Kyoto international emissions units
15
(1) If a person (the first person) is the registered holder of one or more
16
non-Kyoto international emissions units, the person may, by
17
electronic notice transmitted to the Administrator, instruct the
18
Administrator to transfer the units from the relevant Registry
19
account kept by the person (the first Registry account) to:
20
(a) a Registry account kept by another person; or
21
(b) another Registry account kept by the first person.
22
(2) An instruction under subsection (1) must set out:
23
(a) the account number of the first Registry account; and
24
(b) the account number of the Registry account mentioned in
25
paragraph (1)(a) or (b); and
26
(c) such other information as is specified in the regulations.
27
Compliance with instruction
28
(3)
If:
29
(a) the Administrator receives an instruction under
30
subsection (1); and
31
(b) the conditions (if any) specified in the regulations are
32
satisfied;
33
Non-Kyoto international emissions units Part 4
Section 52
Australian National Registry of Emissions Units Bill 2011 No. , 2011 47
the Administrator must give effect to the instruction as soon as
1
practicable after receiving it.
2
(4) If the Administrator gives effect to an instruction under
3
subsection (1), the Registry must set out a record of the instruction.
4
(5) If the first person is the Commonwealth, the Minister may give an
5
instruction under subsection (1) on behalf of the first person.
6
52 Outgoing international transfers of non-Kyoto international
7
emissions units
8
(1) If a person (the first person) is the registered holder of one or more
9
non-Kyoto international emissions units, the person may, by
10
electronic notice transmitted to the Administrator, instruct the
11
Administrator to transfer the units from the relevant Registry
12
account kept by the person (the first Registry account) to:
13
(a) a foreign account kept by another person; or
14
(b) a foreign account kept by the first person.
15
(2) An instruction under subsection (1) must set out:
16
(a) the account number of the relevant Registry account kept by
17
the first person; and
18
(b) such other information as is specified in the regulations.
19
Compliance with instruction
20
(3)
If:
21
(a) the Administrator receives an instruction under
22
subsection (1); and
23
(b) the conditions (if any) specified in the regulations are
24
satisfied;
25
the Administrator must take such steps as are required by the
26
regulations.
27
(4) Regulations made for the purposes of subsection (3) may require
28
the Administrator to remove the entry for the unit or units from the
29
relevant Registry account.
30
(5) Subsection (4) does not limit subsection (3).
31
Part 4 Non-Kyoto international emissions units
Section 53
48 Australian National Registry of Emissions Units Bill 2011 No. , 2011
(6) If the Administrator takes steps under subsection (3) in relation to
1
an instruction, the Registry must set out a record of the instruction.
2
(7) If the first person is the Commonwealth, the Minister may give an
3
instruction under subsection (1) on behalf of the first person.
4
53 Incoming international transfers of non-Kyoto international
5
emissions units
6
(1)
If:
7
(a) the Administrator receives an instruction for the transfer of a
8
non-Kyoto international emissions unit from a foreign
9
account; and
10
(b) the conditions (if any) specified in the regulations are
11
satisfied;
12
the Administrator must make an entry for the non-Kyoto
13
international emissions unit in the relevant Registry account.
14
(2) However, the Administrator may refuse to make an entry for the
15
non-Kyoto international emissions unit in the relevant Registry
16
account if the Administrator has reasonable grounds to suspect that
17
the instruction is fraudulent.
18
(3) If the Administrator decides to refuse to make an entry for the
19
non-Kyoto international emissions unit in the relevant Registry
20
account, the Administrator must give written notice of the decision
21
to the person who gave the instruction.
22
54 A registered non-Kyoto international emissions unit is personal
23
property for certain purposes
24
Scope
25
(1) This section applies if there is an entry for a non-Kyoto
26
international emissions unit in a Registry account.
27
Personal property
28
(2) For each of the following purposes:
29
(a) the purposes of the Bankruptcy Act 1966;
30
Non-Kyoto international emissions units Part 4
Section 55
Australian National Registry of Emissions Units Bill 2011 No. , 2011 49
(b) the purposes of Chapter 5 of the Corporations Act 2001;
1
(c) the purposes of the law relating to wills, intestacy and
2
deceased estates;
3
(d) a prescribed purpose;
4
the unit is personal property and, subject to section 56 of this Act,
5
is transmissible by will and by devolution by operation of law.
6
55 Equitable interests in relation to a non-Kyoto international
7
emissions unit
8
(1) This Act does not affect:
9
(a) the creation of; or
10
(b) any dealings with; or
11
(c) the enforcement of;
12
equitable interests in relation to a non-Kyoto international
13
emissions unit.
14
(2) Subsection (1) is enacted for the avoidance of doubt.
15
56 Transmission of registered non-Kyoto international emissions
16
units by operation of law etc.
17
Scope
18
(1) This section applies if:
19
(a) under section 54, a non-Kyoto international emissions unit is
20
personal property for a particular purpose; and
21
(b) the unit is transmitted from a person (the transferor) to
22
another person (the transferee) by any lawful means for that
23
purpose.
24
Declaration of transmission
25
(2) The transferee must, within 90 days after the transmission, give the
26
Administrator:
27
(a) a declaration of transmission; and
28
(b) such evidence of transmission as is specified in the
29
regulations.
30
Part 4 Non-Kyoto international emissions units
Section 56
50 Australian National Registry of Emissions Units Bill 2011 No. , 2011
(3) A declaration of transmission must be made in accordance with the
1
regulations.
2
(4) If the transferee does not already have a Registry account, the
3
declaration of transmission must be accompanied by a request
4
under regulations made for the purposes of subsection 10(1) for the
5
Administrator to open a Registry account in the name of the
6
transferee.
7
(5) If the Administrator is satisfied that special circumstances warrant
8
the extension of the 90-day period mentioned in subsection (2), the
9
Administrator may extend that period.
10
(6) The Administrator may exercise the power conferred by
11
subsection (5):
12
(a) on written application being made to the Administrator by the
13
transferee; or
14
(b) on the Administrator's own initiative.
15
Transfer of unit--transferee already has a Registry account
16
(7) If the transferee already has a Registry account, the Administrator
17
must, as soon as practicable after receiving the declaration of
18
transmission, transfer the unit from the relevant Registry account
19
kept by the transferor to a Registry account kept by the transferee.
20
Transfer of unit--transferee does not have a Registry account
21
(8)
If:
22
(a) the transferee does not already have a Registry account; and
23
(b) in accordance with the request under regulations made for the
24
purposes of subsection 10(1), the Administrator has opened a
25
Registry account in the name of the transferee;
26
the Administrator must, as soon as practicable after opening the
27
Registry account, transfer the unit from the relevant Registry
28
account kept by the transferor to the Registry account kept by the
29
transferee.
30
Non-Kyoto international emissions units Part 4
Section 57
Australian National Registry of Emissions Units Bill 2011 No. , 2011 51
Record
1
(9) If the Administrator transfers the unit under subsection (7) or (8),
2
the Registry must set out a record of the declaration of
3
transmission.
4
When the transferee is the Commonwealth
5
(10) If the transferee is the Commonwealth, the Minister may give:
6
(a) the declaration of transmission; and
7
(b) the evidence mentioned in paragraph (2)(b);
8
on behalf of the transferee.
9
Notification
10
(11)
If:
11
(a) the Administrator decides to:
12
(i) extend the 90-day period mentioned in subsection (2);
13
or
14
(ii) refuse to extend the 90-day period mentioned in
15
subsection (2); and
16
(b) the Administrator made the decision in response to an
17
application;
18
the Administrator must give written notice of the decision to the
19
applicant.
20
57 Regulations about non-Kyoto international emissions units
21
The regulations may make further provision in relation to
22
non-Kyoto international emissions units.
23
24
Part 5 Publication of information
Section 58
52 Australian National Registry of Emissions Units Bill 2011 No. , 2011
Part 5--Publication of information
1
2
58 Simplified outline
3
The following is a simplified outline of this Part:
4
·
The Administrator must publish certain information about:
5
(a)
the holders of Registry accounts; and
6
(b)
Kyoto units; and
7
(c)
non-Kyoto international emissions units.
8
59 Information about holders of Registry accounts
9
The Administrator must:
10
(a) publish on the Administrator's website:
11
(i) the name of each person who has a Registry account;
12
and
13
(ii) the person's address last known to the Administrator;
14
and
15
(b) keep that information up-to-date.
16
60 Kyoto information
17
(1) The regulations may make provision for, or in relation to, requiring
18
the Administrator to publish on the Administrator's website
19
information that a provision of the Kyoto rules requires Australia's
20
national registry to make publicly available.
21
(2) The regulations may require the Administrator to:
22
(a) publish on the Administrator's website the total number of
23
specified Kyoto units for which there are entries in Registry
24
accounts; and
25
(b) keep that information up-to-date.
26
Publication of information Part 5
Section 61
Australian National Registry of Emissions Units Bill 2011 No. , 2011 53
61 Publication of concise description of the characteristics of eligible
1
international emissions units
2
Kyoto units
3
(1) The Administrator must:
4
(a) within 30 days after the commencement of this section,
5
publish on the Administrator's website a statement setting
6
out a concise description of the characteristics of each of the
7
following types of eligible international emissions units:
8
(i) certified emission reductions (other than a temporary
9
certified emission reduction or a long-term certified
10
emission reduction);
11
(ii) emission reduction units;
12
(iii) removal units; and
13
(b) keep that statement up-to-date.
14
(2) The Administrator must:
15
(a) within 30 days after the commencement of regulations made
16
for the purposes of paragraph (d) of the definition of eligible
17
international emissions unit in section 4, publish on the
18
Administrator's website a statement setting out a concise
19
description of the characteristics of units prescribed by those
20
regulations; and
21
(b) keep that statement up-to-date.
22
Non-Kyoto units
23
(3) The Administrator must:
24
(a) within 30 days after the commencement of regulations made
25
for the purposes of paragraph (a) of the definition of
26
non-Kyoto international emissions unit in section 4, publish
27
on the Administrator's website a statement setting out a
28
concise description of the characteristics of units prescribed
29
by those regulations; and
30
(b) keep that statement up-to-date.
31
(4) The Administrator must:
32
Part 5 Publication of information
Section 62
54 Australian National Registry of Emissions Units Bill 2011 No. , 2011
(a) within 30 days after the commencement of regulations made
1
for the purposes of paragraph (b) of the definition of
2
non-Kyoto international emissions unit in section 4, publish
3
on the Administrator's website a statement setting out a
4
concise description of the characteristics of units prescribed
5
by those regulations; and
6
(b) keep that statement up-to-date.
7
62 Information about number of voluntarily cancelled Kyoto units
8
As soon as practicable after one or more Kyoto units held by a
9
person are transferred under section 65 to a voluntary cancellation
10
account, the Administrator must publish on the Administrator's
11
website:
12
(a) the name of the person; and
13
(b) the total number of Kyoto units transferred.
14
63 Information about number of voluntarily cancelled non-Kyoto
15
international emissions units
16
As soon as practicable after one or more non-Kyoto international
17
emissions units held by a person are cancelled under section 66, the
18
Administrator must publish on the Administrator's website:
19
(a) the name of the person; and
20
(b) the total number of non-Kyoto international emissions units
21
cancelled.
22
23
Voluntary cancellation of emissions units Part 6
Section 64
Australian National Registry of Emissions Units Bill 2011 No. , 2011 55
Part 6--Voluntary cancellation of emissions units
1
2
64 Simplified outline
3
The following is a simplified outline of this Part:
4
·
If a person is the registered holder of one or more Kyoto units,
5
the person may request the Administrator to transfer to a
6
voluntary cancellation account any or all of those units.
7
·
If a person is the registered holder of one or more non-Kyoto
8
international emissions units, the person may request the
9
Administrator to cancel any or all of those units.
10
65 Voluntary cancellation of Kyoto units
11
(1) If a person is the registered holder of one or more Kyoto units, the
12
person may, by electronic notice transmitted to the Administrator,
13
request the Administrator to transfer to a voluntary cancellation
14
account any or all of those units.
15
(2) A notice under subsection (1) must:
16
(a) specify the Kyoto unit or units that are to be transferred to the
17
voluntary cancellation account; and
18
(b) specify the account number or account numbers of the
19
person's Registry account, or the person's Registry accounts,
20
in which there is an entry or entries for the Kyoto unit or
21
units that are to be transferred to the voluntary cancellation
22
account.
23
(3)
If:
24
(a) a person requests that a Kyoto unit be transferred to a
25
voluntary cancellation account; and
26
(b) the Administrator is satisfied that the transfer of the unit from
27
the person's Registry account to the voluntary cancellation
28
account would not breach regulations made for the purposes
29
of section 39 (Kyoto rules); and
30
Part 6 Voluntary cancellation of emissions units
Section 66
56 Australian National Registry of Emissions Units Bill 2011 No. , 2011
(c) the Administrator is satisfied that the transfer of the unit from
1
the person's Registry account to the voluntary cancellation
2
account would not breach regulations made for the purposes
3
of section 41 (commitment period reserve);
4
the Administrator must comply with the request as soon as
5
practicable after receiving it.
6
(4) The Registry must set out a record of each notice under
7
subsection (1).
8
66 Voluntary cancellation of non-Kyoto international emissions
9
units
10
(1) If a person is the registered holder of one or more non-Kyoto
11
international emissions units, the person may, by electronic notice
12
transmitted to the Administrator, request the Administrator to
13
cancel any or all of those units.
14
(2) A notice under subsection (1) must:
15
(a) specify the non-Kyoto international emissions unit or units
16
that are to be cancelled; and
17
(b) specify the account number or account numbers of the
18
person's Registry account, or the person's Registry accounts,
19
in which there is an entry or entries for the Australian carbon
20
credit unit or units that are to be cancelled.
21
(3) If the Administrator receives a notice under subsection (1) in
22
relation to a non-Kyoto international emissions unit:
23
(a) if the regulations require the Administrator to cancel the
24
unit--the Administrator must cancel the unit; and
25
(b) if the regulations require the Administrator to take specified
26
action in relation to the unit--the Administrator must take
27
that action; and
28
(c) the Administrator must remove the entry for the unit from the
29
person's Registry account in which there is an entry for the
30
unit.
31
(4) The Registry must set out a record of each notice under
32
subsection (1).
33
34
Civil penalty orders Part 7
Section 67
Australian National Registry of Emissions Units Bill 2011 No. , 2011 57
Part 7--Civil penalty orders
1
2
67 Simplified outline
3
The following is a simplified outline of this Part:
4
·
Pecuniary penalties are payable for contraventions of civil
5
penalty provisions.
6
68 References to Court
7
In this Part:
8
Court means:
9
(a) the Federal Court; or
10
(b) a court of a State or Territory that has jurisdiction in relation
11
to matters arising under this Act.
12
69 Civil penalty orders
13
(1) If a Court is satisfied that a person has contravened a civil penalty
14
provision, the Court may order the person to pay the
15
Commonwealth a pecuniary penalty.
16
(2) An order under subsection (1) is to be known as a civil penalty
17
order.
18
Determining amount of pecuniary penalty
19
(3) In determining the pecuniary penalty, the Court may have regard to
20
all relevant matters, including:
21
(a) the nature and extent of the contravention; and
22
(b) the nature and extent of any loss or damage suffered as a
23
result of the contravention; and
24
(c) the circumstances in which the contravention took place; and
25
(d) whether the person has previously been found by a court in
26
proceedings under this Act to have engaged in any similar
27
conduct; and
28
Part 7 Civil penalty orders
Section 70
58 Australian National Registry of Emissions Units Bill 2011 No. , 2011
(e) the extent to which the person has co-operated with the
1
authorities; and
2
(f) if the person is a body corporate:
3
(i) the level of the employees, officers or agents of the
4
body corporate involved in the contravention; and
5
(ii) whether the body corporate exercised due diligence to
6
avoid the contravention; and
7
(iii) whether the body corporate had a corporate culture
8
conducive to compliance.
9
(4) The pecuniary penalty payable under subsection (1) by a body
10
corporate must not exceed:
11
(a) in the case of a contravention of subsection 26(1), (2) or
12
(5)--500 penalty units for each contravention; or
13
(b) otherwise--10,000 penalty units for each contravention.
14
(5) The pecuniary penalty payable under subsection (1) by a person
15
other than a body corporate must not exceed:
16
(a) in the case of a contravention of subsection 26(1), (2) or
17
(5)--100 penalty units for each contravention; or
18
(b) otherwise--2,000 penalty units for each contravention.
19
Civil enforcement of penalty
20
(6) A pecuniary penalty is a civil debt payable to the Commonwealth.
21
The Commonwealth may enforce the civil penalty order as if it
22
were an order made in civil proceedings against the person to
23
recover a debt due by the person. The debt arising from the order is
24
taken to be a judgement debt.
25
70 Who may apply for a civil penalty order
26
(1) Only the Administrator may apply for a civil penalty order.
27
(2) Subsection (1) does not exclude the operation of the Director of
28
Public Prosecutions Act 1983.
29
Civil penalty orders Part 7
Section 71
Australian National Registry of Emissions Units Bill 2011 No. , 2011 59
71 Two or more proceedings may be heard together
1
The Court may direct that 2 or more proceedings for civil penalty
2
orders are to be heard together.
3
72 Time limit for application for an order
4
Proceedings for a civil penalty order may be started no later than 6
5
years after the contravention.
6
73 Civil evidence and procedure rules for civil penalty orders
7
The Court must apply the rules of evidence and procedure for civil
8
matters when hearing proceedings for a civil penalty order.
9
74 Civil proceedings after criminal proceedings
10
The Court must not make a civil penalty order against a person for
11
a contravention of a civil penalty provision if the person has been
12
convicted of an offence constituted by conduct that is substantially
13
the same as the conduct constituting the contravention.
14
75 Criminal proceedings during civil proceedings
15
(1) Proceedings for a civil penalty order against a person for a
16
contravention of a civil penalty provision are stayed if:
17
(a) criminal proceedings are started or have already been started
18
against the person for an offence; and
19
(b) the offence is constituted by conduct that is substantially the
20
same as the conduct alleged to constitute the contravention.
21
(2) The proceedings for the order may be resumed if the person is not
22
convicted of the offence. Otherwise, the proceedings for the order
23
are dismissed.
24
76 Criminal proceedings after civil proceedings
25
Criminal proceedings may be started against a person for conduct
26
that is substantially the same as conduct constituting a
27
Part 7 Civil penalty orders
Section 77
60 Australian National Registry of Emissions Units Bill 2011 No. , 2011
contravention of a civil penalty provision regardless of whether a
1
civil penalty order has been made against the person.
2
77 Evidence given in proceedings for a civil penalty order not
3
admissible in criminal proceedings
4
Evidence of information given, or evidence of production of
5
documents, by an individual is not admissible in criminal
6
proceedings against the individual if:
7
(a) the individual previously gave the evidence or produced the
8
documents in proceedings for a civil penalty order against the
9
individual for a contravention of a civil penalty provision
10
(whether or not the order was made); and
11
(b) the conduct alleged to constitute the offence is substantially
12
the same as the conduct that was claimed to constitute the
13
contravention.
14
However, this does not apply to a criminal proceeding in respect of
15
the falsity of the evidence given by the individual in the
16
proceedings for the civil penalty order.
17
78 Mistake of fact
18
(1) A person is not liable to have a civil penalty order made against the
19
person for a contravention of a civil penalty provision if:
20
(a) at or before the time of the conduct constituting the
21
contravention, the person:
22
(i) considered whether or not facts existed; and
23
(ii) was under a mistaken but reasonable belief about those
24
facts; and
25
(b) had those facts existed, the conduct would not have
26
constituted a contravention of the civil penalty provision.
27
(2) For the purposes of subsection (1), a person may be regarded as
28
having considered whether or not facts existed if:
29
(a) the person had considered, on a previous occasion, whether
30
those facts existed in the circumstances surrounding that
31
occasion; and
32
(b) the person honestly and reasonably believed that the
33
circumstances surrounding the present occasion were the
34
Civil penalty orders Part 7
Section 79
Australian National Registry of Emissions Units Bill 2011 No. , 2011 61
same, or substantially the same, as those surrounding the
1
previous occasion.
2
(3) A person who wishes to rely on subsection (1) or (2) in
3
proceedings for a civil penalty order bears an evidential burden in
4
relation to that matter.
5
79 State of mind
6
Scope
7
(1) This section applies to proceedings for a civil penalty order against
8
a person for a contravention of any of the following civil penalty
9
provisions:
10
(a)
subsection
26(1);
11
(b)
subsection
26(2);
12
(c)
subsection
27(4);.
13
State of mind
14
(2) In the proceedings, it is not necessary to prove:
15
(a) the person's intention; or
16
(b) the person's knowledge; or
17
(c) the person's recklessness; or
18
(d) the person's negligence; or
19
(e) any other state of mind of the person.
20
(3) Subsection (2) does not affect the operation of section 78.
21
80 Continuing contraventions
22
(1) If an act or thing is required, under a civil penalty provision of this
23
Act, to be done within a particular period, or before a particular
24
time, then the obligation to do that act or thing continues (even if
25
the period has expired or the time has passed) until the act or thing
26
is done.
27
(2) A person who contravenes subsection 27(4), so far as that
28
subsection relates to a requirement mentioned in subsection 27(2),
29
commits a separate contravention of that provision in respect of
30
Part 7 Civil penalty orders
Section 80
62 Australian National Registry of Emissions Units Bill 2011 No. , 2011
each day (including a day of the making of a relevant civil penalty
1
order or any subsequent day) during which the contravention
2
continues.
3
(3) The pecuniary penalty payable under subsection 69(1) for such a
4
separate contravention in respect of a particular day must not
5
exceed 5% of the maximum pecuniary penalty that could have
6
been imposed for the contravention if subsection (2) of this section
7
had not been enacted.
8
9
Review of decisions Part 8
Section 81
Australian National Registry of Emissions Units Bill 2011 No. , 2011 63
Part 8--Review of decisions
1
2
81 Simplified outline
3
The following is a simplified outline of this Part:
4
·
Certain decisions of delegates of the Administrator may be
5
reviewed by the Administrative Appeals Tribunal following a
6
process of internal reconsideration by the Administrator.
7
·
Certain decisions of the Administrator may be reviewed by the
8
Administrative Appeals Tribunal.
9
82 Reviewable decisions
10
For the purposes of this Act, each of the following decisions of the
11
Administrator is a reviewable decision:
12
13
Reviewable decisions
Item Decision
1
A decision to refuse to extend a period under subsection 47(5).
2
A decision to refuse to make an entry in a Registry account under
section 53.
3
A decision to refuse to extend a period under subsection 56(5).
4
A decision under regulations made for the purposes of subsection 10(1) to
refuse to open a Registry account.
5
A decision under regulations made for the purposes of subsection 16(1) to
close a Registry account.
6
A decision under section 19 to alter the Registry.
7
A decision to refuse to alter the Registry under section 19.
8
A decision under section 20 or 21 to make an alteration to the Registry.
9
A decision to refuse to make an alteration to the Registry under section 20 or
21.
Part 8 Review of decisions
Section 83
64 Australian National Registry of Emissions Units Bill 2011 No. , 2011
83 Applications for reconsideration of decisions made by delegates
1
of the Administrator
2
Scope
3
(1) This section applies to a reviewable decision if the decision is
4
made by a delegate of the Administrator.
5
Application
6
(2) A person affected by a reviewable decision who is dissatisfied with
7
the decision may apply to the Administrator for the Administrator
8
to reconsider the decision.
9
(3) The application must:
10
(a) be in a form approved in writing by the Administrator; and
11
(b) set out the reasons for the application; and
12
(c) be accompanied by the fee (if any) specified in the
13
regulations.
14
(4) The application must be made within:
15
(a) 28 days after the applicant is informed of the decision; or
16
(b) if, either before or after the end of that period of 28 days, the
17
Administrator extends the period within which the
18
application may be made--the extended period.
19
(5) An approved form of an application may provide for verification
20
by statutory declaration of statements in applications.
21
(6) A fee specified under paragraph (3)(c) must not be such as to
22
amount to taxation.
23
84 Reconsideration by the Administrator
24
(1) Upon receiving such an application, the Administrator must:
25
(a) reconsider the decision; and
26
(b) affirm, vary or revoke the decision.
27
(2) The Administrator's decision on reconsideration of a decision has
28
effect as if it had been made under the provision under which the
29
original decision was made.
30
Review of decisions Part 8
Section 85
Australian National Registry of Emissions Units Bill 2011 No. , 2011 65
(3) The Administrator must give to the applicant a written notice
1
stating the Administrator's decision on the reconsideration.
2
(4) Within 28 days after making the decision on the reconsideration,
3
the Administrator must give the applicant a written statement of the
4
Administrator's reasons for the decision.
5
85 Deadline for reconsideration
6
(1) The Administrator must make his or her decision on
7
reconsideration of a decision within 90 days after receiving an
8
application for reconsideration.
9
(2) The Administrator is taken, for the purposes of this Part, to have
10
made a decision affirming the original decision if he or she has not
11
informed the applicant of his or her decision on the reconsideration
12
before the end of the period of 90 days.
13
86 Review by the Administrative Appeals Tribunal
14
(1) Applications may be made to the Administrative Appeals Tribunal
15
to review a reviewable decision if the Administrator has affirmed
16
or varied the decision under section 84.
17
(2) Applications may be made to the Administrative Appeals Tribunal
18
to review a reviewable decision if the decision was not made by a
19
delegate of the Administrator.
20
21
Part 9 Miscellaneous
Section 87
66 Australian National Registry of Emissions Units Bill 2011 No. , 2011
Part 9--Miscellaneous
1
2
87 Computerised decision-making
3
(1) The Administrator may, by legislative instrument, arrange for the
4
use, under the Administrator's control, of computer programs for
5
any purposes for which the Administrator may, or must, under this
6
Act or the regulations:
7
(a) make a decision; or
8
(b) exercise any power or comply with any obligation; or
9
(c) do anything else related to making a decision or exercising a
10
power or complying with an obligation.
11
(2) For the purposes of this Act and the regulations, the Administrator
12
is taken to have:
13
(a) made a decision; or
14
(b) exercised a power or complied with an obligation; or
15
(c) done something else related to the making of a decision or
16
the exercise of a power or the compliance with an obligation;
17
that was made, exercised, complied with or done by the operation
18
of a computer program under such an arrangement.
19
88 Administrator's power to require further information
20
If:
21
(a) a person makes a request to the Administrator under the
22
regulations; and
23
(b) the Administrator exercises a power, under another provision
24
of the regulations, to require the person to give the
25
Administrator further information in connection with the
26
request;
27
the Administrator:
28
(c) must ensure that the further information is relevant to the
29
matter to which the request relates; and
30
(d) must ensure that the power is exercised in a reasonable way.
31
Miscellaneous Part 9
Section 89
Australian National Registry of Emissions Units Bill 2011 No. , 2011 67
89 Delegation by the Minister
1
(1) The Minister may, by writing, delegate any or all of his or her
2
functions or powers under this Act or the regulations to:
3
(a) the Secretary; or
4
(b) an SES employee, or acting SES employee, in the
5
Department.
6
Note: The
expressions
SES employee and acting SES employee are defined
7
in the Acts Interpretation Act 1901.
8
(2) In exercising powers under a delegation, the delegate must comply
9
with any directions of the Minister.
10
(3) Subsection (1) does not apply to a power to make, vary or revoke a
11
legislative instrument.
12
90 Delegation by the Secretary
13
(1) The Secretary may, by writing, delegate any or all of his or her
14
functions or powers under this Act to an SES employee, or acting
15
SES employee, in the Department.
16
Note: The
expressions
SES employee and acting SES employee are defined
17
in the Acts Interpretation Act 1901.
18
(2) In exercising powers under a delegation, the delegate must comply
19
with any directions of the Secretary.
20
91 Liability for damages
21
None of the following:
22
(a)
the
Minister;
23
(b) a delegate of the Minister;
24
(c)
the
Secretary;
25
(d) a delegate of the Secretary;
26
(e)
the
Administrator;
27
(f) a delegate of the Administrator;
28
is liable to an action or other proceeding for damages for, or in
29
relation to, an act or matter in good faith done or omitted to be
30
done:
31
Part 9 Miscellaneous
Section 92
68 Australian National Registry of Emissions Units Bill 2011 No. , 2011
(g) in the performance or purported performance of any function;
1
or
2
(h) in the exercise or purported exercise of any power;
3
conferred by this Act or the regulations.
4
92 Executive power of the Commonwealth
5
This Act does not, by implication, limit the executive power of the
6
Commonwealth.
7
93 Notional payments by the Commonwealth
8
(1) The purpose of this section is to ensure that amounts payable under
9
this Act or the regulations are notionally payable by the
10
Commonwealth (or parts of the Commonwealth).
11
(2) The Minister responsible for administering the Financial
12
Management and Accountability Act 1997 may give written
13
directions for the purposes of this section, including directions
14
relating to the transfer of amounts within, or between, accounts
15
operated by the Commonwealth.
16
94 Compensation for acquisition of property
17
(1) If the operation of this Act or the regulations would result in an
18
acquisition of property from a person otherwise than on just terms,
19
the Commonwealth is liable to pay a reasonable amount of
20
compensation to the person.
21
(2) If the Commonwealth and the person do not agree on the amount
22
of the compensation, the person may institute proceedings in a
23
court of competent jurisdiction for the recovery from the
24
Commonwealth of such reasonable amount of compensation as the
25
court determines.
26
(3) In this section:
27
acquisition of property has the same meaning as in paragraph
28
51(xxxi) of the Constitution.
29
Miscellaneous Part 9
Section 95
Australian National Registry of Emissions Units Bill 2011 No. , 2011 69
just terms has the same meaning as in paragraph 51(xxxi) of the
1
Constitution.
2
95 Prescribing matters by reference to other instruments
3
(1) The regulations may make provision in relation to a matter by
4
applying, adopting or incorporating, with or without modification,
5
a matter contained in an instrument or writing:
6
(a) as in force or existing at a particular time; or
7
(b) as in force or existing from time to time.
8
(2) Subsection (1) has effect despite anything in subsection 14(2) of
9
the Legislative Instruments Act 2003.
10
(3) If the regulations make provision in relation to a matter by
11
applying, adopting or incorporating, with or without modification,
12
a matter contained in an instrument or writing, the Administrator
13
must ensure that the text of the matter applied, adopted or
14
incorporated is published on the Administrator's website.
15
(4) Subsection (3) does not apply if the publication would infringe
16
copyright.
17
96 Administrative decisions under the regulations
18
The regulations may make provision in relation to a matter by
19
conferring a power to make a decision of an administrative
20
character on the Administrator.
21
97 Regulations
22
The Governor-General may make regulations prescribing matters:
23
(a) required or permitted by this Act to be prescribed; or
24
(b) necessary or convenient to be prescribed for carrying out or
25
giving effect to this Act.
26