NATIONAL GREENHOUSE AND ENERGY REPORTING ACT 2007
Table of Provisions
PART 1--INTRODUCTION
Division 1--Preliminary
- 1 Short title
- 2 Commencement
- 3 Objects
- 4 Constitutional basis for Act
- 5 Act excludes some State and Territory laws
- 5A Crown to be bound
- 6 Extension to external Territories
- 6A Extension to exclusive economic zone and continental shelf
- 6C Application to foreign ships
Division 2--Interpretation
- 7 Definitions
- 7A Greenhouse gas
- 8 Group and members of a group
- 9 Facilities
- 10 Emissions, energy production, energy consumption etc.
- 11 Operational control--basic rule
- 11A Operational control--person with greatest authority
- 11B Operational control--nominated person
- 11C Operational control--trust with multiple trustees
- 11D Unsatisfactory compliance record
PART 2--REGISTRATION
Division 1--Applying for registration
Subdivision A--Application by a controlling corporation- 12 Applying to register in relation to meeting a threshold
- 13 Thresholds
- 14 Applying to register in relation to greenhouse gas project
- 15 Requirements for applications Subdivision B--Application by a person who is not a controlling corporation
- 15B Application by a person who is not a controlling corporation
Division 2--National Greenhouse and Energy Register
Division 3--Registration of controlling corporations
- 17 Registration of corporations
Division 4--Registration of other persons
Division 5--Deregistration
- 18B Deregistration
PART 3--REPORTING--OBLIGATIONS OF REGISTERED CORPORATIONS ETC.
- 19 Report to be given to the Regulator
- 20 Liability of other persons to provide certain information
- 21 Reports relating to greenhouse gas projects: reduction of greenhouse gas emissions and removals of greenhouse gases
- 21A Reports relating to offsets of greenhouse gas emissions
- 22 Records to be kept
PART 3E--REPORTING--OBLIGATIONS OF HOLDERS OF REPORTING TRANSFER CERTIFICATES
Division 1--Reporting obligations
Division 2--Reporting transfer certificates
- 22J Reporting transfer test
- 22K Application for reporting transfer certificate
- 22KA Further information
- 22L Issue of reporting transfer certificate
- 22M Duration of reporting transfer certificate
- 22N Surrender of reporting transfer certificate
- 22P Cancellation of reporting transfer certificate
- 22Q Reporting transfer certificate is not transferable
- 22R Financial control
PART 3F--REPORTING--OBLIGATIONS TRANSFERRED TO MEMBER OF CORPORATE GROUP
PART 3G--REPORTING--OBLIGATIONS OF RESPONSIBLE EMITTERS OF DESIGNATED LARGE FACILITIES ETC.
PART 3H--EMISSIONS--REDUCTION SAFEGUARD MECHANISM
Division 1--Introduction
- 22XD Simplified outline of this Part
Division 2--Limit on emissions
- 22XE Excess emissions situation
- 22XF Duty to ensure that excess emissions situation does not exist
Division 3--Key concepts
- 22XG Monitoring periods
- 22XH Responsible emitter
- 22XI Covered emissions
- 22XJ Designated large facility
- 22XK Net emissions number
- 22XL Baseline emissions number
- 22XM Prescribed carbon unit
Division 4--Surrender of prescribed carbon units
- 22XN How prescribed carbon units are surrendered
Division 4A--Safeguard mechanism credit units
Subdivision A--Issuing safeguard mechanism credit units- 22XNA Issuing safeguard mechanism credit units
- 22XNB Entry in Registry account must be made if safeguard mechanism credit units issued
- 22XNC Safeguard mechanism credit units issued must be identified with a financial year
- 22XND Safeguard mechanism credit units held in Commonwealth Registry accounts Subdivision B--Requirement to relinquish safeguard mechanism credit units etc.
- 22XNE Regulator may require relinquishment of safeguard mechanism credit units etc. issued on false or misleading information
- 22XNF Court may order relinquishment of safeguard mechanism credit units etc. issued as a result of fraudulent conduct
- 22XNG Information on Regulator's website regarding relinquishment requirements Subdivision C--Compliance with relinquishment requirement
- 22XNH Relinquishing safeguard mechanism credit units etc. to comply with requirements
- 22XNI Administrative penalty if relinquishment requirements not complied with
- 22XNJ Late payment penalty
- 22XNK Recovery of penalties
- 22XNL Set - off
- 22XNM Refund of overpayments
- 22XNN Stay of proceedings for the recovery of an administrative penalty
Division 5--Other matters
- 22XO Concurrent operation of State and Territory laws
- 22XP Administrative decisions under the safeguard rules etc.
- 22XQ Baseline determinations made under the safeguard rules etc.
- 22XR Alternative constitutional basis
- 22XS Safeguard rules
PART 4--DISCLOSURE--OF INFORMATION
- 23 Secrecy--audit information
- 24 Publishing of information
- 25 Requests for information not to be published
- 27 Information may be disclosed to States and Territories
- 28 Corporation may request information be disclosed
PART 5--ENFORCEMENT
Division 1--Civil penalties
Subdivision A--Civil penalty orders- 29 Civil penalty provisions
- 30 Continuing contraventions
- 31 Court may order person to pay pecuniary penalty for contravening civil penalty provision
- 32 Contravening a civil penalty provision is not an offence
- 33 Persons involved in contravening civil penalty provision
- 34 Recovery of a pecuniary penalty Subdivision B--Civil penalty proceedings and criminal proceedings
- 35 Civil proceedings after criminal proceedings
- 36 Criminal proceedings during civil proceedings
- 37 Criminal proceedings after civil proceedings
- 38 Evidence given in proceedings for penalty not admissible in criminal proceedings
Division 2--Infringement notices
- 39 When an infringement notice can be given
- 40 Matters to be included in an infringement notice
- 41 Amount of penalty
- 42 Withdrawal of an infringement notice
- 43 Paying the penalty in accordance with the notice
- 44 Effect of this Division on civil proceedings
Division 3--Enforceable undertakings
Division 4--Liability of executive officers of bodies corporate
- 47 Civil penalties for executive officers of bodies corporate
- 48 Did an executive officer take reasonable steps to prevent contravention?
Division 5--Injunctions
- 49 Injunctions
PART 6--ADMINISTRATION
Division 2--Decisions by the Regulator
- 54 Regulator may declare facility--group
- 54A Regulator may declare facility--non - group entity
- 54B Regulator may declare facility--anti - avoidance
- 55 Regulator may declare corporation etc. has operational control
- 55A Regulator may declare non - group entity has operational control
Division 3--Review of decisions
- 56 AAT review of decisions
Division 4--Monitoring compliance
Subdivision A--Authorised officers- 57 Appointment of authorised officers
- 58 Identity cards Subdivision B--Powers of authorised officers
- 59 Entering premises to monitor compliance
- 60 Powers of authorised officers in monitoring compliance
- 61 Authorised officer may request persons to answer questions Subdivision C--Obligations and incidental powers of authorised officers
- 62 Authorised officer must produce identity card on request
- 63 Consent
- 64 Announcement before entry
- 65 Details of warrant to be given to occupier etc. before entry
- 66 Use of electronic equipment in exercising monitoring powers
- 67 Compensation for damage to electronic equipment Subdivision D--Occupier's rights and responsibilities
- 68 Occupier entitled to be present during execution of warrant
- 69 Occupier to provide authorised officer with all facilities and assistance Subdivision E--Warrants
- 70 Monitoring warrants Subdivision F--Information gathering
- 71 Power to request information
- 72 Prohibitions on disclosure of information do not apply Subdivision G--Greenhouse and energy audits
- 73 Audits of registered corporations--compliance
- 73A Audits of persons providing information under section 20--compliance
- 74 Audits of registered corporations--other
- 74AA Audit of persons providing reports under section 19, 22G, 22X or 22XB
- 74A Audits of persons providing information under section 20--other
- 74B Audits of certain entities--compliance
- 74C Audits of certain entities--other
- 75 Conduct of audits
- 75A Register of greenhouse and energy auditors