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This is a Bill, not an Act. For current law, see the Acts databases.
NATIONAL GREENHOUSE AND ENERGY REPORTING AMENDMENT BILL 2009
2008-2009
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
National Greenhouse and Energy
Reporting Amendment Bill 2009
No. , 2009
(Climate Change and Water)
A Bill for an Act to amend the National Greenhouse
and Energy Reporting Act 2007, and for related
purposes
i National Greenhouse and Energy Reporting Amendment Bill 2009 No. , 2009
Contents
1
Short title ............................................................................................ 1
2
Commencement .................................................................................. 1
3
Schedule(s) ......................................................................................... 2
Schedule 1--Amendme nts
3
Part 1--Amendments relating to audits
3
National Greenhouse and Energy Reporting Act 2007
3
Part 2--Amendment relating to publishing of information
11
National Greenhouse and Energy Reporting Act 2007
11
National Greenhouse and Energy Reporting Amendment Bill 2009 No. , 2009 1
A Bill for an Act to amend the National Greenhouse
1
and Energy Reporting Act 2007, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the National Greenhouse and Energy
6
Reporting Amendment Act 2009.
7
2 Commence ment
8
This Act commences on the 28th day after it receives the Royal
9
Assent.
10
2 National Greenhouse and Energy Reporting Amendment Bill 2009 No. , 2009
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
6
Amend ments Schedule 1
Amend ments relating to audits Part 1
National Greenhouse and Energy Reporting Amendment Bill 2009 No. , 2009 3
1
Schedule 1
--
Amendments
2
Part 1
--
Amendments relating to audits
3
National Greenhouse and Energy Reporting Act 2007
4
1 Section 7
5
Insert:
6
audit information means information obtained by or on behalf of
7
an audit team leader in the course of carrying out a greenhouse and
8
energy audit.
9
2 Section 7
10
Insert:
11
audit team leader means a registered greenhouse and energy
12
auditor appointed to carry out a greenhouse and energy audit.
13
3 Section 7
14
Insert:
15
audit team member, in relation to a greenhouse and energy audit,
16
means a person assisting the audit team leader to carry out the
17
audit.
18
4 Section 7 (definition of external auditor)
19
Repeal the definition.
20
5 Section 7
21
Insert:
22
greenhouse and energy audit means an audit under any of
23
sections 73 to 74A.
24
6 Section 7
25
Insert:
26
Schedule 1 A mendments
Part 1 A mend ments relating to audits
4 National Greenhouse and Energy Reporting Amendment Bill 2009 No. , 2009
registered greenhouse and energy auditor means an individual
1
who is registered in the register of greenhouse and energy auditors
2
kept under section 75A.
3
7 At the end of paragraph 16(4)(b)
4
Add:
5
; (v) the results of a greenhouse and energy audit carried out in
6
relation to the corporation.
7
8 Paragraph 23(1)(a)
8
After "information", insert "or audit information".
9
9 Paragraph 23(2)(d)
10
Omit "external auditor", substitute "audit team leader".
11
10 After paragraph 23(2)(d)
12
Insert:
13
(da) an audit team member; or
14
11 Subsection 30(2)
15
Omit "20 or 73", substitute "20, 73 or 73A".
16
12 Subsection 30(2) (paragraph (b) of the civil penalty)
17
Omit "73", substitute "73 or 73A".
18
13 Section 56
19
After "to" (second occurring), insert "do any of the following".
20
14 Paragraphs 56(a) to (h)
21
Omit "and".
22
15 At the end of section 56
23
Add:
24
; (j) refuse to register an individual in the register of greenhouse
25
and energy auditors kept under section 75A.
26
16 Subdivision G of Division 4 of Part 6 (heading)
27
Repeal the heading, substitute:
28
Amend ments Schedule 1
Amend ments relating to audits Part 1
National Greenhouse and Energy Reporting Amendment Bill 2009 No. , 2009 5
Subdivision G--Greenhouse and energy audits
1
17 Paragraph 73(2)(a)
2
Repeal the paragraph, substitute:
3
(a) appoint as an audit team leader:
4
(i) a registered greenhouse and energy auditor of its choice;
5
or
6
(ii) if the Greenhouse and Energy Data Officer specifies a
7
registered greenhouse and energy auditor in the notice--
8
that auditor; or
9
(iii) if the Greenhouse and Energy Data Officer specifies
10
more than one registered greenhouse and energy auditor
11
in the notice--any one of those auditors; and
12
Note:
The heading to section 73 is altered by omitting "External audits" and substituting
13
"Audits of registered corporations".
14
18 Paragraph 73(2)(b)
15
Omit "external auditor", substitute "audit team leader".
16
19 Paragraph 73(2)(b)
17
Omit "external" (second occurring).
18
20 Paragraph 73(2)(c)
19
Omit "external auditor", substitute "audit team leader".
20
21 Before paragraph 73(3)(a)
21
Insert:
22
(aa) type of audit to be carried out; and
23
22 Subsection 73(4)
24
Omit "an external auditor", substitute "the audit team leader and any
25
audit team members".
26
23 Subsection 73(4)
27
Omit "external auditor's", substitute "audit team leader's".
28
24 After section 73
29
Insert:
30
Schedule 1 A mendments
Part 1 A mend ments relating to audits
6 National Greenhouse and Energy Reporting Amendment Bill 2009 No. , 2009
73A Audits of persons providing information under section 20--
1
compliance
2
(1) This section applies if the Greenhouse and Energy Data Officer has
3
reasonable grounds to suspect that a person required to provide
4
information under section 20 has contravened, is contravening, or
5
is proposing to contravene, this Act or the regulations.
6
(2) The Greenhouse and Energy Data Officer may, by written notice
7
given to the person, require the person to:
8
(a) appoint as an audit team leader:
9
(i) a registered greenhouse and energy auditor of the
10
person's choice; or
11
(ii) if the Greenhouse and Energy Data Officer specifies a
12
registered greenhouse and energy auditor in the notice--
13
that auditor; or
14
(iii) if the Greenhouse and Energy Data Officer specifies
15
more than one registered greenhouse and energy auditor
16
in the notice--any one of those auditors; and
17
(b) arrange for the audit team leader to carry out an audit on one
18
or more aspects of the person's compliance with this Act or
19
the regulations; and
20
(c) arrange for the audit team leader to give the person a written
21
report setting out the results of the audit; and
22
(d) give the Greenhouse and Energy Data Officer a copy of the
23
audit report on or before the day specified in the notice.
24
(3) The notice must specify the:
25
(a) type of audit to be carried out; and
26
(b) matters to be covered by the audit; and
27
(c) form of the audit report and the kinds of details it is to
28
contain.
29
(4) The person must provide the audit team leader and any audit team
30
members with all reasonable facilities and assistance necessary for
31
the effective exercise of the audit team leader's duties under this
32
Act.
33
Civil penalty:
34
(a) for an individual--50 penalty units; or
35
(b) otherwise--250 penalty units.
36
Amend ments Schedule 1
Amend ments relating to audits Part 1
National Greenhouse and Energy Reporting Amendment Bill 2009 No. , 2009 7
(5) If the Greenhouse and Energy Data Officer gives a person required
1
to provide information under section 20 written notice under
2
subsection (2), the person must comply with the requirements of
3
the notice.
4
Civil penalty:
5
(a) for an individual--200 penalty units; or
6
(b) otherwise--1,000 penalty units.
7
Note:
Under section 30, a person may be liable for an additional civil
8
penalty for each day after the day mentioned in paragraph (2)(d) for
9
which the person fails to provide an audit report in accordance with
10
this section.
11
25 Subsection 74(1)
12
Omit "an external auditor", substitute "a registered greenhouse and
13
energy auditor as an audit team leader".
14
Note:
The heading to section 74 is altered by omitting "External audits" and substituting
15
"Audits of registered corporations".
16
26 Subsection 74(1)
17
Omit "external" (second occurring).
18
27 Subsection 74(2)
19
Omit "auditor" (first occurring), substitute "audit team leader".
20
28 Paragraph 74(2)(a)
21
Omit "external auditor", substitute "audit team leader".
22
29 After paragraph 74(2)(b)
23
Insert:
24
(ba) specify the type of audit to be carried out; and
25
30 Subsection 74(2A)
26
Omit "external auditor", substitute "audit team leader and any audit
27
team members".
28
31 Subsection 74(2A)
29
Omit "external auditor's", substitute "audit team leader's".
30
32 Subsection 74(3)
31
Schedule 1 A mendments
Part 1 A mend ments relating to audits
8 National Greenhouse and Energy Reporting Amendment Bill 2009 No. , 2009
Omit "external auditor", substitute "audit team leader".
1
33 Subsection 74(3)
2
Omit "external" (second occurring).
3
34 After section 74
4
Insert:
5
74A Audits of persons providing information under section 20--
6
other
7
(1) The Greenhouse and Energy Data Officer may appoint a registered
8
greenhouse and energy auditor as an audit team leader to carry out
9
an audit of the compliance of a person required to provide
10
information under section 20 with one or more aspects of this Act
11
or the regulations.
12
(2) The Greenhouse and Energy Data Officer must give written notice
13
to the person of a decision to appoint an audit team leader under
14
subsection (1). The notice must:
15
(a) specify the audit team leader; and
16
(b) specify the period within which the audit is to be undertaken;
17
and
18
(c) specify the type of audit to be carried out; and
19
(d) specify the matters to be covered by the audit; and
20
(e) be given to the person at a reasonable time before the audit is
21
to be undertaken.
22
(3) The person must provide the audit team leader and any audit team
23
members with all reasonable facilities and assistance necessary for
24
the effective exercise of the audit team leader's duties under this
25
Act.
26
Civil penalty:
27
(a) for an individual--50 penalty units; or
28
(b) otherwise--250 penalty units.
29
(4) If a person required to provide information under section 20 is
30
given a notice under subsection (2), the person must arrange for the
31
audit team leader to carry out the audit.
32
Civil penalty:
33
Amend ments Schedule 1
Amend ments relating to audits Part 1
National Greenhouse and Energy Reporting Amendment Bill 2009 No. , 2009 9
(a) for an individual--50 penalty units; or
1
(b) otherwise--250 penalty units.
2
35 Section 75
3
Repeal the section, substitute:
4
75 Conduct of greenhouse and energy audits
5
(1) The Minister may determine, by legislative instrument,
6
requirements to be met by audit team leaders in preparing for and
7
carrying out greenhouse and energy audits and in preparing audit
8
reports.
9
(2) The determination may set out different requirements for different
10
types of audits.
11
(3) An audit team leader must comply with requirements determined
12
under subsection (1).
13
36 At the end of Subdivision G of Division 4 of Part 6
14
Add:
15
75A Register of greenhouse and energy auditors
16
(1) The Greenhouse and Energy Data Officer must cause a register of
17
greenhouse and energy auditors to be kept for the purposes of this
18
Act.
19
(2) The Greenhouse and Energy Data Officer must register an
20
individual in the register if the individual:
21
(a) has applied for registration in accordance with regulations
22
under subsection (5); and
23
(b) meets such requirements as to qualifications, knowledge,
24
expertise, competence, independence and other matters as are
25
set out in the regulations for the purposes of this paragraph or
26
in a legislative instrument made under the regulations in
27
accordance with subsection (4).
28
(3) If an individual who has applied for registration in the register does
29
not meet the requirements referred to in paragraph (2)(b), the
30
Greenhouse and Energy Data Officer must refuse to register the
31
individual.
32
Schedule 1 A mendments
Part 1 A mend ments relating to audits
10 National Greenhouse and Energy Reporting Amendment Bill 2009 No. , 2009
(4) Regulations made for the purposes of paragraph (2)(b) may
1
provide for the Greenhouse and Energy Data Officer to make a
2
legislative instrument setting out:
3
(a) some or all of the requirements that could otherwise be set
4
out in the regulations; or
5
(b) ways in which requirements set out in the regulations may be
6
met.
7
(5) The regulations may provide for any of the following:
8
(a) the form and content of the register;
9
(b) publication of the register;
10
(c) the form and content of applications for registration and the
11
manner in which applications are to be made;
12
(d) fees to be paid in connection with registration (including
13
ongoing or recurrent fees to maintain registration);
14
(e) requirements to be met in order to maintain registration;
15
(f) review of registration;
16
(g) suspension of registration in prescribed circumstances;
17
(h) deregistration in prescribed circumstances;
18
(i) inspection of the performance of registered greenhouse and
19
energy auditors in carrying out greenhouse and energy audits;
20
(j) other matters in connection with registration in the register.
21
(6) A fee under paragraph (5)(d) must not be such as to amount to
22
taxation.
23
(7) The Greenhouse and Energy Data Officer may, by signed
24
instrument, delegate to another person (whether or not an SES
25
employee or acting SES employee) any of the Greenhouse and
26
Energy Data Officer's functions or powers under this section or
27
regulations under this section.
28
(8) However, the Greenhouse and Energy Data Officer must not
29
delegate the power to make a legislative instrument as mentioned
30
in subsection (4) other than to an SES employee or acting SES
31
employee.
32
33
Amend ments Schedule 1
Amend ment relating to publishing of information Part 2
National Greenhouse and Energy Reporting Amendment Bill 2009 No. , 2009 11
1
Part 2
--
Amendment relating to publishing of
2
information
3
National Greenhouse and Energy Reporting Act 2007
4
37 Paragraph 24(1)(c)
5
Repeal the paragraph.
6