NATIONAL GREENHOUSE AND ENERGY REPORTING ACT 2007

This compilation was prepared on 2 April 2012
taking into account amendments up to Act No. 132 of 2011

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General's Department, Canberra

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
National Greenhouse and Energy Reporting Act 2007	175, 2007	28 Sept 2007	Ss. 3-77: 29 Sept 2007 Remainder: Royal Assent
National Greenhouse and Energy Reporting Amendment Act 2008	84, 2008	15 Sept 2008	Schedule 1 (items 1, 8-10, 12, 23): 15 Mar 2009 Schedule 1 (items 2-7, 11, 13-22, 24-35): 16 Sept 2008 Remainder: Royal Assent	Sch. 1 (item 35)
National Greenhouse and Energy Reporting Amendment Act 2009	87, 2009	18 Sept 2009	Schedule 1: 16 Oct 2009 Schedule 2 (items 1-16): 19 Sept 2009 Schedule 2 (items 17-33): (a) Remainder: Royal Assent	--
Acts Interpretation Amendment Act 2011	46, 2011	27 June 2011	Schedule 2 (item 797) and Schedule 3 (items 10, 11): 27 Dec 2011	Sch. 3 (items 10, 11)
Carbon Credits (Consequential Amendments) Act 2011	102, 2011	15 Sept 2011	Schedule 1 (items 12-16, 19): 8 Dec 2011 (see s. 2(1)) Schedule 2: 16 Sept 2011	Sch. 1 (item 19)
Clean Energy (Consequential Amendments) Act 2011	132, 2011	18 Nov 2011	Schedule 1 (items 106-155, 158-192, 214, 219): 2 Apr 2012 (see s. 2(1)) Schedule 1 (items 261A-278, 280-301, 303-305, 307-310, 312-316, 319-334, 336-371, 375-381, 384-415A, 452-455): [see Note 2 and Table A]	Sch. 1 (items 214, 219, 452-455)

Commencement information
4. Schedule 2, Part 2	The later of: (a) the commencement of section 3 of the Carbon Pollution Reduction Scheme Act 2009; and (b) immediately after the commencement of Part 1 of Schedule 2 to this Act. However, the provision(s) do not commence at all if the event mentioned in paragraph (a) does not occur.	Does not commence
5. Schedule 2, Part 3	At the same time as Part 2 of Schedule 1 to the Carbon Pollution Reduction Scheme (Consequential Amendments) Act 2009 commences.	Does not commence

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Part 1
Division 2
S. 7..........................................	am. No. 84, 2008; No. 87, 2009; Nos. 46, 102 and 132, 2011
S. 9..........................................	am. No. 132, 2011
S. 10........................................	am. No. 84, 2008
S. 11........................................	am. No. 132, 2011
Part 2
Division 1
Heading to s. 12....................	rs. No. 84, 2008
S. 12........................................	am. No. 84, 2008
Note to s. 12(1)......................	am. No. 84, 2008
S. 13........................................	am. No. 87, 2009; No. 102, 2011
S. 14........................................	am. No. 84, 2008
S. 15........................................	am. No. 84, 2008; No. 132, 2011
Division 2
S. 16........................................	am. No. 84, 2008; No. 87, 2009; No. 132, 2011
Division 3
S. 17........................................	am. No. 84, 2008; No. 87, 2009; No. 132, 2011
S. 18........................................	am. No. 87, 2009; No. 132, 2011
Part 3
Heading to s. 19....................	rs. No. 132, 2011
S. 19........................................	am. No. 84, 2008; No. 87, 2009; Nos. 102 and 132, 2011
Notes 1, 2 to s. 19(1).............	am. No. 132, 2011
Note 3A to s. 19(1).................	ad. No. 87, 2009
S. 20........................................	am. No. 84, 2008; No. 132, 2011
Note 1 to s. 20(4)...................	am. No. 132, 2011
Heading to s. 21....................	am. No. 84, 2008
S. 21........................................	am. No. 84, 2008; No. 132, 2011
Note to s. 21(4)......................	am. No. 132, 2011
S. 21A.....................................	ad. No. 84, 2008
	am. No. 132, 2011
Note to s. 21A(2)....................	am. No. 132, 2011
S. 22........................................	am. No. 87, 2009; No. 132, 2011
Part 3E
Part 3E....................................	ad. No. 87, 2009
Division 1
Heading to s. 22G.................	rs. No. 132, 2011
S. 22G.....................................	ad. No. 87, 2009
	am. Nos. 102 and 132, 2011
Note 1 to s. 22G(1)................	am. No. 132, 2011
S. 22H.....................................	ad. No. 87, 2009
	am. Nos. 102 and 132, 2011
Division 2
S. 22J......................................	ad. No. 87, 2009
S. 22K.....................................	ad. No. 87, 2009
	am. No. 132, 2011
S. 22KA...................................	ad. No. 87, 2009
	am. No. 132, 2011
S. 22L......................................	ad. No. 87, 2009
	am. Nos. 102 and 132, 2011
S. 22M.....................................	ad. No. 87, 2009
	am. No. 102, 2011
S. 22N.....................................	ad. No. 87, 2009
	am. No. 132, 2011
S. 22P.....................................	ad. No. 87, 2009
	am. No. 132, 2011
Ss. 22Q, 22R..........................	ad. No. 87, 2009
Part 4
S. 23........................................	am. No. 87, 2009; No. 132, 2011
Note to s. 23...........................	ad. No. 132, 2011
Subhead. to s. 24(2)..............	ad. No. 84, 2008
Subhead. to s. 24(5)..............	ad. No. 84, 2008
	rs. No. 132, 2011
Subhead. to s. 24(6)..............	ad. No. 84, 2008
	rs. No. 132, 2011
S. 24........................................	am. No. 84, 2008; No. 87, 2009; Nos. 102 and 132, 2011
S. 25........................................	am. No. 87, 2009; No. 132, 2011
S. 26........................................	am. No. 102, 2011
	rep. No. 132, 2011
S. 27........................................	am. No. 132, 2011
S. 28........................................	am. No. 84, 2008; No. 132, 2011
Part 5
Division 1
Subdivision A
S. 30........................................	am. No. 87, 2009
S. 31........................................	am. No. 132, 2011
Division 2
Ss. 39, 40................................	am. No. 132, 2011
S. 42........................................	am. No. 132, 2011
Division 3
Ss. 45, 46................................	am. No. 132, 2011
Part 6
Div. 1 of Part 6.......................	rep. No. 132, 2011
Ss. 49-52................................	rep. No. 132, 2011
S. 53........................................	am. No. 84, 2008
	rep. No. 132, 2011
Division 2
Heading to Div. 2 of Part 6...	rs. No. 132, 2011
Heading to s. 54....................	rs. No. 132, 2011
S. 54........................................	am. No. 132, 2011
Heading to s. 55....................	rs. No. 132, 2011
S. 55........................................	am. No. 132, 2011
Division 3
S. 56........................................	am. No. 87, 2009; No. 132, 2011
Division 4
Subdivision A
Ss. 57, 58................................	am. No. 132, 2011
Subdivision F
S. 71........................................	am. No. 132, 2011
Subdivision G
Heading to Subdiv. G of....... Div. 4 of Part 6	rs. No. 87, 2009
Heading to s. 73....................	am. No. 87, 2009
S. 73........................................	am. No. 84, 2008; No. 87, 2009; No. 132, 2011
S. 73A.....................................	ad. No. 87, 2009
	am. No. 132, 2011
Heading to s. 74....................	am. No. 87, 2009
S. 74........................................	am. No. 84, 2008; No. 87, 2009; No. 132, 2011
S. 74A.....................................	ad. No. 87, 2009
	am. No. 132, 2011
S. 75........................................	rs. No. 87, 2009; No. 102, 2011
S. 75A.....................................	ad. No. 87, 2009
	am. Nos. 102 and 132, 2011

Note 2

Clean Energy (Consequential Amendments) Act 2011 (No. 132, 2011)

The following amendments commence on 1 July 2012:

Schedule 1

261A Section 3 (heading)

Repeal the heading, substitute:

3 Objects

262 Section 3

Before "The", insert "(1)".

263 Section 3

Before "object", insert "first".

264 Paragraph 3(a)

Repeal the paragraph.

265 At the end of section 3

Add:

(2) The second object of this Act is to underpin the Clean Energy Act 2011 by imposing various registration, reporting and record-keeping requirements.

266 Section 4

Before "This Act", insert "(1)".

267 Section 4

After "This Act", insert "(except to the extent to which it underpins the Clean Energy Act 2011)".

268 At the end of section 4

Add:

(2) To the extent to which this Act underpins the Clean Energy Act 2011, this Act relies on the same legislative powers that support the Clean Energy Act 2011.

269 Section 5

Before "This Act", insert "(1)".

270 Subparagraph 5(a)(i)

Repeal the subparagraph.

271 Paragraph 5(b)

Omit "this section", substitute "this subsection".

272 At the end of section 5

Add:

(2) This Act is intended to apply to the exclusion of a law of a State or Territory, or a part of such a law:

(a) that provides for the reporting or disclosure of information related to greenhouse gas emissions; and

(b) that the regulations provide is a law, or part of a law, to which this subsection applies;

so far as the law, or part of the law, would otherwise apply in relation to a person other than:

(d) an authority of a State or Territory.

273 After section 5

Insert:

5A Crown to be bound

(1) This Act binds the Crown in each of its capacities.

(2) This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.

(3) The protection in subsection (2) does not apply to an authority of the Crown.

274 Section 6

Repeal the section, substitute:

6 Extension to external Territories

This Act extends to every external Territory.

6A Extension to exclusive economic zone and continental shelf

This Act extends to a matter relating to the exercise of Australia's sovereign rights in the exclusive economic zone or the continental shelf.

6B Extension to Joint Petroleum Development Area

This Act extends to the Joint Petroleum Development Area.

6C Application to foreign ships

This Act does not apply to the extent that its application would be inconsistent with the exercise of rights of foreign ships in:

(a) the territorial sea; or

(b) the exclusive economic zone; or

in accordance with the United Nations Convention on the Law of the Sea.

275 Section 7

Insert:

activity includes:

(a) a condition; or

(b) a circumstance; or

relating to:

(d) solid waste; or

(e) carbon capture and storage; or

(f) other storage; or

(g) stockpiling; or

(h) any other matter or thing.

276 Section 7

Insert:

approved by the Regulator means approved by the Regulator, in writing, for the purposes of the provision in which the term occurs.

Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

277 Section 7

Insert:

carbon capture and storage means:

(a) the storage of a greenhouse gas substance in a part of a geological formation; or

(b) the injection of a greenhouse gas substance into a part of a geological formation for the purposes of such storage; or

(c) the capture, compression, processing, offloading, transportation or piped conveyance of a greenhouse gas substance, where the compression, processing, offloading, transportation or piped conveyance is for the purposes of such storage.

An expression used in this definition has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006. For this purpose, assume that each reference in the definition of greenhouse gas substance in section 7 of that Act to a prescribed greenhouse gas were a reference to a greenhouse gas (within the meaning of this Act).

278 Section 7 (definition of carbon dioxide equivalence)

Repeal the definition, substitute:

carbon dioxide equivalence:

(a) of an amount of greenhouse gas--means the amount of the gas multiplied by a value specified in the regulations in relation to that kind of greenhouse gas; or

(b) of an amount of potential greenhouse gas emissions embodied in an amount of natural gas--has the meaning given by section 7C.

280 Section 7

Insert:

designated generation facility means a facility that is:

(a) attributable to the industry sector mentioned in item 54 of Schedule 2 to the National Greenhouse and Energy Reporting Regulations 2008 (which deals with electricity generation); and

(b) not a vertically integrated production process (within the meaning of those regulations).

281 Section 7

Insert:

eligible financial year has the same meaning as in the Clean Energy Act 2011.

282 Section 7 (definition of emission)

Repeal the definition, substitute:

emission of greenhouse gas means:

(a) a scope 1 emission of greenhouse gas; or

(b) a scope 2 emission of greenhouse gas.

283 Section 7

Insert:

emissions number has the same meaning as in the Clean Energy Act 2011.

284 Section 7

Insert:

executive officer of a body corporate means:

(a) a director of the body corporate; or

(b) the chief executive officer (however described) of the body corporate; or

(d) the secretary of the body corporate.

285 Section 7

Insert:

financial control liability transfer certificate means a certificate issued under section 87 of the Clean Energy Act 2011.

286 Section 7

Insert:

fixed charge year has the same meaning as in the Clean Energy Act 2011.

287 Section 7

Insert:

foreign country has the same meaning as in the Clean Energy Act 2011.

288 Section 7

Insert:

foreign person means any of the following:

(a) an individual who is not ordinarily resident in Australia;

(b) a body corporate that:

(i) is incorporated outside Australia; or

(ii) is an authority of a foreign country;

(i) is incorporated outside Australia; or

(ii) is an authority of a foreign country;

(d) a body politic of a foreign country;

(e) a trust, where the trustee, or a majority of the trustees, are covered by any or all of the above paragraphs.

289 Section 7 (definition of greenhouse and energy audit)

Omit "74A", substitute "74C".

290 Section 7 (definition of greenhouse gas)

Repeal the definition, substitute:

greenhouse gas has the meaning given by section 7A.

291 Section 7 (paragraph (b) of the definition of greenhouse gas project)

Omit "regulations;", substitute "regulations.".

292 Section 7 (definition of greenhouse gas project)

Omit all the words from and including "but" to the end of the definition.

293 Section 7 (definition of group)

Omit "subsection 8(1)", substitute "section 8".

294 Section 7 (definition of innocent passage)

Repeal the definition.

295 Section 7

Insert:

interim emissions number has the same meaning as in the Clean Energy Act 2011.

296 Section 7

Insert:

Joint Petroleum Development Area has the same meaning as in the Petroleum (Timor Sea Treaty) Act 2003.

297 Section 7 (definition of joint venture)

Repeal the definition, substitute:

joint venture means an unincorporated enterprise carried on by 2 or more persons in common otherwise than in partnership.

298 Section 7

Insert:

liable entity has the same meaning as in the Clean Energy Act 2011.

299 Section 7

Insert:

local governing body means a local governing body established by or under a law of a State or Territory.

300 Section 7 (definition of member)

Before "has", insert ", in relation to a group,".

301 Section 7

Insert:

natural gas has the meaning given by the regulations.

303 Section 7

Insert:

non-group entity means a person who is not a member of a controlling corporation's group.

304 Section 7 (definition of oil or gas extraction activity)

Repeal the definition.

305 Section 7

Insert:

operation, in relation to a facility, includes the subsistence of the facility.

307 Section 7 (definition of operational control)

Omit "11", substitute "11, 11A, 11AA, 11AB, 11B or 11C".

308 Section 7

Insert:

person means any of the following:

(a) an individual;

(b) a body corporate;

(d) a corporation sole;

(e) a body politic;

(f) a local governing body.

309 Section 7

Insert:

potential greenhouse gas emissions embodied in an amount of natural gas has the meaning given by section 7B.

310 Section 7

Insert:

provisional emissions number has the same meaning as in the Clean Energy Act 2011.

312 Section 7

Insert:

Register means the National Greenhouse and Energy Register maintained under section 16.

313 Section 7 (definition of registered corporation)

Omit "Division 3 of Part 2", substitute "this Act".

314 Section 7

Insert:

registered person means a person registered under this Act.

315 Section 7

Insert:

scope 1 emission of greenhouse gas has the meaning given by section 10.

316 Section 7

Insert:

scope 2 emission of greenhouse gas has the meaning given by section 10.

319 Section 7

Insert:

trust means a person in the capacity of trustee or, as the case requires, a trust estate.

320 Section 7

Insert:

trustee has the same meaning as in the Income Tax Assessment Act 1997.

321 Section 7

Insert:

trust estate has the same meaning as in the Income Tax Assessment Act 1997.

322 Section 7

Insert:

United Nations Convention on the Law of the Sea means the United Nations Convention on the Law of the Sea, done at Montego Bay on 10 December 1982.

Note: The text of the Convention is set out in Australian Treaty Series 1994 No. 31 ([1994] ATS 31). In 2011, the text of an international agreement in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).

323 After section 7

Insert:

7A Greenhouse gas

(1) For the purposes of this Act and the Clean Energy Act 2011, each of the following is a greenhouse gas:

(a) carbon dioxide;

(b) methane;

(d) sulfur hexafluoride;

(e) a hydrofluorocarbon of a kind specified in the table in subsection (2);

(f) a perfluorocarbon of a kind specified in the table in subsection (3);

(g) a prescribed gas.

Table 1--Hydrofluorocarbons

(2) Table 1 is as follows:

Hydrofluorocarbons
Item	Hydrofluorocarbon	Chemical formula
1	HFC-23	CHF₃
2	HFC-32	CH₂F₂
3	HFC-41	CH₃F
4	HFC-43-10mee	C₅H₂F₁₀
5	HFC-125	C₂HF₅
6	HFC-134	C₂H₂F₄ (CHF₂CHF₂)
7	HFC-134a	C₂H₂F₄ (CH₂FCF₃)
8	HFC-143	C₂H₃F₃ (CHF₂CH₂F)
9	HFC-143a	C₂H₃F₃ (CF₃CH₃)
10	HFC-152a	C₂H₄F₂ (CH₃CHF₂)
11	HFC-227ea	C₃HF₇
12	HFC-236fa	C₃H₂F₆
13	HFC-245ca	C₃H₃F₅

Table 2--Perfluorocarbons

(3) Table 2 is as follows:

Perfluorocarbons
Item	Perfluorocarbon	Chemical formula
1	Perfluoromethane (tetrafluoromethane)	CF₄
2	Perfluoroethane (hexafluoroethane)	C₂F₆
3	Perfluoropropane	C₃F₈
4	Perfluorobutane	C₄F₁₀
5	Perfluorocyclobutane	c-C₄F₈
6	Perfluoropentane	C₅F₁₂
7	Perfluorohexane	C₆F₁₄

7B Potential greenhouse gas emissions embodied in an amount of natural gas

(1) For the purposes of this Act and the Clean Energy Act 2011, the potential greenhouse gas emissions embodied in an amount of natural gas is:

(a) the amount of the greenhouse gas; or

(b) the amounts of the greenhouse gases;

that would be released into the atmosphere as a result of the combustion of the amount of the natural gas.

Default method

(2) The Minister may determine that the amount of greenhouse gas that would be released into the atmosphere as a result of the combustion of an amount of natural gas is taken, for the purposes of:

(a) this Act (other than subsections (3) and (4) of this section); and

(b) the Clean Energy Act 2011;

to be the amount of the natural gas multiplied by a value specified in the determination.

Prescribed alternative method

(3) However, if:

(a) a report relating to an eligible financial year was given by a person under section 22A; and

(b) the report was given before the end of 4 months after the end of the eligible financial year; and

(c) ascertaining the potential greenhouse gas emissions embodied in an amount of natural gas is relevant to working out a provisional emissions number of the person for the eligible financial year; and

(d) the report contained a statement to the effect that the person has made a choice to use the prescribed alternative method to ascertain the potential greenhouse gas emissions; and

(e) the prescribed alternative method was complied with in ascertaining the potential greenhouse gas emissions;

then, for the purposes of this Act and the Clean Energy Act 2011:

(f) the potential greenhouse gas emissions are to be ascertained in accordance with the prescribed alternative method; and

(g) a determination under subsection (2) does not apply in ascertaining the potential greenhouse gas emissions.

(4) For the purposes of this section, the prescribed alternative method is a method that:

(a) is for ascertaining the potential greenhouse gas emissions embodied in an amount of natural gas; and

(b) is specified in a determination made by the Minister; and

Combustion

(5) The Minister may determine that, for the purposes of this section, it is to be assumed that the combustion of an amount of natural gas takes place in the circumstances specified in the determination.

Determination

(6) A determination made under subsection (2), (4) or (5) is a legislative instrument.

7C Carbon dioxide equivalence of potential greenhouse gas emissions embodied in an amount of natural gas

Scope

(1) This section applies if the potential greenhouse gas emissions embodied in an amount of natural gas consist of:

(a) an amount of a greenhouse gas; or

(b) amounts of one or more greenhouse gases.

Carbon dioxide equivalence

(2) For the purposes of this Act and the Clean Energy Act 2011, the carbon dioxide equivalence of the potential greenhouse gas emissions is the total of the carbon dioxide equivalence of that amount of greenhouse gas or those amounts of greenhouse gases.

324 Subsection 8(1)

Omit "A controlling", substitute "For the purposes of this Act and the Clean Energy Act 2011, a controlling".

325 Paragraph 8(1)(b)

Omit "(if any);", substitute "(if any).".

326 Paragraphs 8(1)(c) and (d)

Repeal the paragraphs.

327 Subsections 8(4), (5) and (6)

Repeal the subsections, substitute:

(4) To avoid doubt, a controlling corporation's group may consist of the controlling corporation alone.

328 Subsection 9(1)

Omit "A facility is", substitute "For the purposes of this Act and the Clean Energy Act 2011, a facility is".

329 Subsection 9(1)

Omit "the production of" (first occurring).

330 Paragraph 9(1)(b)

Omit "54;", substitute "54 or 54A.".

331 Subsection 9(1)

Omit all the words from and including "but" to the end of the subsection.

332 Subsection 9(3)

Repeal the subsection.

333 Subsection 10(1)

After "References", insert "in this Act or the Clean Energy Act 2011".

334 Paragraph 10(1)(a)

Repeal the paragraph, substitute:

(a) scope 1 emission of greenhouse gas;

(aa) scope 2 emission of greenhouse gas;

336 Subsection 10(2)

Omit "paragraph (1)(a) may specify a meaning of emissions", substitute "paragraph (1)(aa) may specify a meaning of scope 2 emission".

337 Subsection 10(3)

Omit "emissions," (wherever occurring), substitute "scope 1 emissions, scope 2 emissions,".

338 Subsection 10(3)

After "this Act", insert "and the Clean Energy Act 2011".

339 Paragraph 10(3)(a)

Repeal the paragraph, substitute:

(a) in the case of scope 1 emissions--different methods or criteria for emissions from different sources; and

339AA At the end of section 10

Add:

(4) A determination under subsection (3) may also deal with matters required or permitted by section 32 or 32A of the Clean Energy Act 2011 to be dealt with by such a determination.

339A Section 11 (heading)

Repeal the heading, substitute:

11 Operational control--basic rule

340 Subsection 11(1)

Omit "A controlling corporation or another member of the corporation's group", substitute "For the purposes of this Act and the Clean Energy Act 2011, a person".

341 Paragraph 11(1)(a)

Omit "it", substitute "the person".

342 Paragraph 11(1)(b)

Omit "corporation or member", substitute "person".

343 At the end of paragraph 11(1)(b)

Add "or 55A".

344 Subsection 11(2)

After "apply", insert "in relation to a facility".

345 At the end of subsection 11(2)

Add "in relation to the facility".

346 Subsection 11(3)

After "this Act", insert "and the Clean Energy Act 2011".

347 Subsection 11(3)

Omit "such corporation or member", substitute "person".

348 Subsection 11(4)

Repeal the subsection, substitute:

(4) This section has effect subject to sections 11A, 11AA, 11AB, 11B and 11C.

349 At the end of Part 1

Add:

11A Operational control--person with greatest authority

Scope

(1) This section applies if the following conditions are satisfied in relation to a period that is included in, or consists of, an eligible financial year:

(a) 2 or more persons could satisfy paragraph 11(1)(a) in relation to a facility throughout the period;

(b) a particular person has the greatest authority to introduce and implement the policies mentioned in subparagraphs 11(1)(a)(i) and (iii) in relation to the facility throughout the period;

Operational control

(2) The person mentioned in paragraph (1)(b) is taken, for the purposes of this Act and the Clean Energy Act 2011, to have operational control over the facility throughout the period.

11AA Operational control during part of fixed charge year--nominated person

Scope

(1) This section applies if the following conditions are satisfied in relation to a period that is included in, or consists of, the first 9 months of a fixed charge year:

(a) 2 or more persons could satisfy paragraph 11(1)(a) in relation to a facility throughout the period;

(b) no particular person has the greatest authority to introduce and implement the policies mentioned in subparagraphs 11(1)(a)(i) and (iii) in relation to the facility throughout the period;

(d) as at the start of 1 April in the fixed charge year, it may reasonably be expected that a person would have had an interim emissions number for the fixed charge year if it were assumed that:

(i) the person had operational control over the facility throughout the period; and

(ii) none of the persons mentioned in paragraph (a) of this subsection had operational control over the facility throughout the period.

Nomination

(2) The persons mentioned in paragraph (1)(a) must, before the end of 30 April in the fixed charge year, jointly nominate one of them to be the nominated person in relation to the facility for the period.

Civil penalty: 1,000 penalty units.

(3) A nomination must:

(a) be in writing; and

(b) be in a form approved by the Regulator; and

(4) If:

(a) any of those persons is a foreign person; and

(b) any of those persons is not a foreign person;

a foreign person cannot be nominated.

Operational control--nomination made

(5) If a nomination is made and the facility is a facility of a joint venture, the nominated person is taken, for the purposes of this Act, to have operational control over the facility throughout the period.

(6) If a nomination is made and the facility is not a facility of a joint venture, the nominated person is taken, for the purposes of this Act and the Clean Energy Act 2011, to have operational control over the facility throughout the period.

Operational control--nomination not made

(7) If no nomination is made and the facility is a facility of a joint venture, each of the persons mentioned in paragraph (1)(a) is taken, for the purposes of this Act, to have operational control over the facility throughout the period.

(8) If no nomination is made and the facility is not a facility of a joint venture:

(a) each of the persons mentioned in paragraph (1)(a) is taken, for the purposes of this Act and the Clean Energy Act 2011, to have operational control over the facility throughout the period; and

(b) if there is a provisional emissions number of such a person for the fixed charge year in relation to greenhouse gases emitted from the operation of the facility during the period--for the purposes of this Act and the Clean Energy Act 2011, that provisional emissions number is taken to be the number worked out using the formula set out in subsection (9).

(9) The formula is:

where:

unadjusted provisional emissions number means the number that, apart from paragraph (8)(b), would be the provisional emissions number of the person for the fixed charge year in relation to greenhouse gases emitted from the operation of the facility during the period.

Exception

(10) A person is not required to comply with subsection (2) if the question of who has operational control of the facility is not relevant (whether directly or indirectly) to a requirement under:

(a) this Act; or

(b) the Clean Energy Act 2011.

11AB Operational control during part of fixed charge year--trust with multiple trustees

Scope

(1) This section applies if the following conditions are satisfied in relation to a period that is included in, or consists of, the first 9 months of a fixed charge year:

(a) because of section 11, 11A or 11AA, a trust has operational control over a facility throughout the period;

(b) throughout the period, there are 2 or more trustees of the trust;

(d) as at the start of 1 April in the fixed charge year, it may reasonably be expected that a person would have had an interim emissions number for the fixed charge year if it were assumed that:

(i) the person had operational control over the facility throughout the period; and

(ii) the trust did not have operational control over the facility throughout the period.

Nomination

(2) The trustees must, before the end of 30 April in the fixed charge year, jointly nominate one of them to be the nominated trustee in relation to the facility for the period.

Civil penalty: 1,000 penalty units.

(3) A nomination must:

(a) be in writing; and

(b) be in a form approved by the Regulator; and

(4) If:

(a) any of those trustees is a foreign person; and

(b) any of those trustees is not a foreign person;

a foreign person cannot be nominated.

Operational control

(5) If a nomination is made, the nominated trustee is taken, for the purposes of this Act and the Clean Energy Act 2011, to have operational control over the facility throughout the period.

(6) If no nomination is made:

(a) each of those trustees is taken, for the purposes of this Act and the Clean Energy Act 2011, to have operational control over the facility throughout the period; and

(b) if there is a provisional emissions number of such a trustee for the fixed charge year in relation to greenhouse gases emitted from the operation of the facility during the period--for the purposes of this Act and the Clean Energy Act 2011, that provisional emissions number is taken to be the number worked out using the formula set out in subsection (7).

(7) The formula is:

where:

unadjusted provisional emissions number means the number that, apart from paragraph (6)(b), would be the provisional emissions number of the trustee for the fixed charge year in relation to greenhouse gases emitted from the operation of the facility during the period.

Exception

(8) A trustee is not required to comply with subsection (2) if the question of who has operational control of the facility is not relevant (whether directly or indirectly) to a requirement under:

(a) this Act; or

(b) the Clean Energy Act 2011.

11B Operational control--nominated person

Scope

(1) This section applies if the following conditions are satisfied in relation to a period that is included in, or consists of, an eligible financial year:

(a) 2 or more persons could satisfy paragraph 11(1)(a) in relation to a facility throughout the period;

(b) no particular person has the greatest authority to introduce and implement the policies mentioned in subparagraphs 11(1)(a)(i) and (iii) in relation to the facility throughout the period;

(d) if the period is included in a fixed charge year--section 11AA does not apply to the facility for the period.

Nomination

(2) Those persons must, before the end of 31 August next following the eligible financial year, jointly nominate one of them to be the nominated person in relation to the facility for the period.

Civil penalty: 1,000 penalty units.

(3) A nomination must:

(a) be in writing; and

(b) be in a form approved by the Regulator; and

(4) If:

(a) any of those persons is a foreign person; and

(b) any of those persons is not a foreign person;

a foreign person cannot be nominated.

Operational control--nomination made

Operational control--nomination not made

(8) If no nomination is made and the facility is not a facility of a joint venture:

(b) if there is a provisional emissions number of such a person for the eligible financial year in relation to greenhouse gases emitted from the operation of the facility during the period--for the purposes of this Act and the Clean Energy Act 2011, that provisional emissions number is taken to be the number worked out using the formula set out in subsection (9).

(9) The formula is:

where:

unadjusted provisional emissions number means the number that, apart from paragraph (8)(b), would be the provisional emissions number of the person for the eligible financial year in relation to greenhouse gases emitted from the operation of the facility during the period.

Exception

(10) A person is not required to comply with subsection (2) if the question of who has operational control of the facility is not relevant (whether directly or indirectly) to a requirement under:

(a) this Act; or

(b) the Clean Energy Act 2011.

11C Operational control--trust with multiple trustees

Scope

(1) This section applies if the following conditions are satisfied in relation to a period that is included in, or consists of, an eligible financial year:

(a) because of section 11, 11A or 11B, a trust has operational control over a facility throughout the period;

(b) throughout the period, there are 2 or more trustees of the trust;

(d) if the period is included in a fixed charge year--section 11AB does not apply to the facility for the period.

Nomination

(2) Those trustees must, before the end of 31 August next following the eligible financial year, jointly nominate one of them to be the nominated trustee in relation to the facility for the period.

Civil penalty: 1,000 penalty units.

(3) A nomination must:

(a) be in writing; and

(b) be in a form approved by the Regulator; and

(4) If:

(a) any of those trustees is a foreign person; and

(b) any of those trustees is not a foreign person;

a foreign person cannot be nominated.

Operational control

(5) If a nomination is made, the nominated trustee is taken, for the purposes of this Act and the Clean Energy Act 2011, to have operational control over the facility throughout the period.

(6) If no nomination is made:

(a) each of those trustees is taken, for the purposes of this Act and the Clean Energy Act 2011, to have operational control over the facility throughout the period; and

(b) if there is a provisional emissions number of such a trustee for the eligible financial year in relation to greenhouse gases emitted from the operation of the facility during the period--for the purposes of this Act and the Clean Energy Act 2011, that provisional emissions number is taken to be the number worked out using the formula set out in subsection (7).

(7) The formula is:

where:

unadjusted provisional emissions number means the number that, apart from paragraph (6)(b), would be the provisional emissions number of the trustee for the eligible financial year in relation to greenhouse gases emitted from the operation of the facility during the period.

Exception

(8) A trustee is not required to comply with subsection (2) if the question of who has operational control of the facility is not relevant (whether directly or indirectly) to a requirement under:

(a) this Act; or

(b) the Clean Energy Act 2011.

350 Before section 12

Insert:

Subdivision A--Application by a controlling corporation

351 After subsection 13(1)

Insert:

(1A) Subsection (1) does not apply in relation to:

(a) greenhouse gas emissions; or

(b) energy production; or

unless the Minister has, under subsection 10(3), determined:

(d) methods by which the amounts of the emissions, production or consumption, as the case may be, are to be measured; or

(e) criteria for methods by which the amounts of emissions, production or consumption, as the case may be, are to be measured.

351A At the end of section 13

Add:

Financial control liability transfer certificate

(4) For the purposes of this section, if a person was the holder of a financial control liability transfer certificate in relation to a facility on a particular day in an eligible financial year, the facility is taken not to have been under the operational control of a member of a controlling corporation's group on that day.

352 At the end of Division 1 of Part 2

Add:

Subdivision B--Application by a liable entity

15A Application by a liable entity

(1) If a person is or was a liable entity for an eligible financial year (the current eligible financial year), the person must apply, in accordance with this section, to be registered under this Act.

Civil penalty:

(a) for an individual--2,000 penalty units; or

(b) otherwise--10,000 penalty units.

Note 1: Under Division 137 of the Criminal Code, it may be an offence to provide false or misleading information or documents to the Regulator in purported compliance with this Act.

Note 2: Under section 30, a person may be liable for an additional civil penalty for each day that the person fails to apply in accordance with subsection (1) of this section.

(2) However, a person is not required to make an application under subsection (1) if the person is registered under this Act at the end of the current eligible financial year.

(3) An application under subsection (1) must be made by 31 August in the eligible financial year next following the current eligible financial year.

(4) An application under subsection (1) must:

(a) be made to the Regulator; and

(b) be in a form approved by the Regulator; and

15AA Application by liable entity with interim emissions number etc.--fixed charge year

(1) If, as at the start of 1 April in a fixed charge year (the current fixed charge year):

(a) either:

(i) a person is a liable entity for the current fixed charge year; or

(ii) it may reasonably be expected that the person will be a liable entity for the current fixed charge year; and

(b) either:

(i) the person has an interim emissions number for the current fixed charge year; or

(ii) it may reasonably be expected that the person will have an interim emissions number for the current fixed charge year;

the person must apply, in accordance with this section, to be registered under this Act.

Civil penalty:

(a) for an individual--2,000 penalty units; or

(b) otherwise--10,000 penalty units.

Note 1: Under Division 137 of the Criminal Code, it may be an offence to provide false or misleading information or documents to the Regulator in purported compliance with this Act.

Note 2: Under section 30, a person may be liable for an additional civil penalty for each day that the person fails to apply in accordance with subsection (1) of this section.

(2) However, a person is not required to make an application under subsection (1) if the person is registered under this Act at the start of 1 April in the current fixed charge year.

(3) An application under subsection (1) must be made by 1 May in the current fixed charge year.

(4) An application under subsection (1) must:

(a) be made to the Regulator; and

(b) be in a form approved by the Regulator; and

353 Division 2 of Part 2

Repeal the Division, substitute:

Division 2--National Greenhouse and Energy Register

16 National Greenhouse and Energy Register

(1) The Regulator is to maintain a register, to be known as the National Greenhouse and Energy Register, that sets out:

(a) the name of each person registered under this Act; and

(b) any other matters, specified in the regulations, that relate to the following:

(i) information included in the application for registration;

(ii) whether the person has complied with provisions of this Act;

(iii) information included in a report given by the person under this Act;

(iv) information that is published under section 24;

(v) the results of a greenhouse and energy audit carried out in relation to the person.

(2) The National Greenhouse and Energy Register may be maintained by electronic means.

(3) The National Greenhouse and Energy Register may be made available for inspection in any way the Regulator thinks appropriate.

(4) The Regulator must ensure that the National Greenhouse and Energy Register is up-to-date.

(5) The National Greenhouse and Energy Register is not a legislative instrument.

(6) Before the end of 28 February next following each financial year, the Regulator must publish on its website the name of each person registered under this Act at any time during the financial year.

(7) Subsection (6) does not limit subsection (3).

354 Division 3 of Part 2 (heading)

Repeal the heading, substitute:

Division 3--Registration of controlling corporations

355 Section 18

Repeal the section.

356 At the end of Part 2

Add:

Division 4--Registration of other persons

18A Registration of other persons

(1) The Regulator must register a person under this Act if the person has applied for registration under section 15A or 15AA.

(2) The Regulator must notify the person, in writing, of the Regulator's decision on the application.

(3) The person is registered under this Act when the Regulator has entered the name of the person on the Register.

Division 5--Deregistration

18B Deregistration

Deregistration on application

(1) A registered person may apply to the Regulator to be deregistered.

(2) An application must:

(a) be in writing; and

(b) be in a form approved by the Regulator; and

(3) The Regulator must remove the person's name from the Register if the Regulator is satisfied that:

(a) in a case where the person is the controlling corporation of a group--the group is not likely to meet any of the thresholds under section 13 for:

(i) the financial year in which the application is made; and

(ii) the next 2 financial years; and

(b) the person:

(i) is not a liable entity for the financial year in which the application is made; and

(ii) is not likely to be a liable entity for any of the next 2 financial years; and

(d) the person has complied with the person's obligations under this Act.

(4) The Regulator must notify the person, in writing, of the Regulator's decision on the application.

Deregistration on the Regulator's own initiative

(5) The Regulator may remove a person's name from the Register if the Regulator is satisfied that the person has ceased to exist.

When registration ceases

(6) A person ceases to be registered under this Act when the Regulator has removed the person's name from the Register.

357 Part 3 (heading)

Repeal the heading, substitute:

Part 3--Reporting obligations of registered corporations etc.

358 Subsection 19(1)

Omit "registered corporation", substitute "corporation registered under Division 3 of Part 2".

359 At the end of subsection 19(1)

Add:

Note 4: Reports under this section and section 22A may be set out in the same document--see subsection 22A(4).

360 After subsection 19(1)

Insert:

(1A) Subsection (1) does not apply to:

(a) greenhouse gas emissions; or

(b) energy production; or

unless the Minister has, under subsection 10(3), determined:

(d) methods by which the amounts of the emissions, production or consumption, as the case may be, are to be measured; or

(e) criteria for methods by which the amounts of emissions, production or consumption, as the case may be, are to be measured.

Note: Paragraph (6)(b) requires that a report under subsection (1) must be based on methods, or methods which meet criteria, determined under subsection 10(3).

361 Subsections 19(4) and (5)

Repeal the subsections, substitute:

(4) If a person other than the corporation is the holder of a financial control liability transfer certificate in relation to a facility throughout the whole or a part of an eligible financial year, a report under subsection (1) need not relate to the:

(a) greenhouse gas emissions; and

(b) energy production; and

from the operation of the facility during the whole, or the part, as the case may be, of the eligible financial year.

362 Paragraph 19(6)(c)

Omit "include any", substitute "set out the".

363 At the end of section 19

Add:

(10) This section does not apply to a facility that was under the operational control of a member of the corporation's group during the whole or a part of a financial year if the member is required to provide a report under section 22X about the facility in respect of the year.

364 Paragraphs 22(1)(a) and (b)

After "this Act", insert "(other than Part 3A or 3D)".

365 Paragraphs 22(2)(a) and (b)

After "this Act", insert "(other than Part 3A or 3D)".

366 Subsection 22(3)

Omit "7 years", substitute "5 years".

367 After Part 3

Insert:

Part 3A--Reporting obligations of liable entities etc.

22A Report to be given to Regulator--general

(1) If a person was a liable entity for an eligible financial year, the person must, in accordance with this section, provide a report to the Regulator relating to:

(a) the calculation of the person's provisional emissions numbers for the eligible financial year; and

(b) if a provisional emissions number of the person for the eligible financial year is attributable to scope 1 emissions of greenhouse gas--those emissions; and

(c) if a provisional emissions number of the person for the eligible financial year is attributable to potential greenhouse gas emissions embodied in an amount of natural gas--those potential greenhouse gas emissions; and

(d) the calculation of the person's emissions number for the eligible financial year.

Civil penalty:

(a) for an individual--2,000 penalty units; or

(b) otherwise--10,000 penalty units.

Note 1: Under Division 137 of the Criminal Code, it may be an offence to provide false or misleading information or documents to the Regulator in purported compliance with this Act.

Note 2: Under section 30, a person may be liable for an additional civil penalty for each day after the end of the period mentioned in paragraph (2)(c) of this section for which the person fails to provide a report in accordance with this section.

(2) A report under this section must:

(a) be given in a manner and form approved by the Regulator; and

(b) set out the information specified by the regulations for the purposes of this paragraph; and

(3) Regulations made for the purposes of paragraph (2)(b) may specify different requirements for different circumstances.

(4) Reports under this section and section 19 may be set out in the same document.

Note: Reports under this section and section 22E may be set out in the same document--see subsection 22E(7).

22AA Report to be given to Regulator--fixed charge year

(1) If:

(a) a person is a liable entity for a fixed charge year; and

(b) the person has an interim emissions number for the fixed charge year;

the person must, in accordance with this section, provide a report to the Regulator relating to:

(d) if an interim emissions number of the person for the fixed charge year is attributable to scope 1 emissions of greenhouse gas--those emissions; and

(e) if an interim emissions number of the person for the fixed charge year is attributable to potential greenhouse gas emissions embodied in an amount of natural gas--those potential greenhouse gas emissions.

Civil penalty:

(a) for an individual--2,000 penalty units; or

(b) otherwise--10,000 penalty units.

Note 1: Under Division 137 of the Criminal Code, it may be an offence to provide false or misleading information or documents to the Regulator in purported compliance with this Act.

(2) A report under this section must:

(a) be given in a manner and form approved by the Regulator; and

(b) set out the information specified by the regulations for the purposes of this paragraph; and

(3) Regulations made for the purposes of paragraph (2)(b) may specify different requirements for different circumstances.

22B Records to be kept--general

(1) A person who is or was a liable entity for an eligible financial year must keep records of the person's activities that:

(a) allow the person to report accurately under section 22A; and

(b) enable the Regulator to ascertain whether the person has complied with the person's obligations under section 22A; and

Civil penalty:

(a) for an individual--2,000 penalty units; or

(b) otherwise--10,000 penalty units.

(2) The person must retain the records for 5 years from the end of the financial year in which the activities take place.

(3) The regulations may specify requirements relating to:

(a) the kinds of records; and

(b) the form of records;

that must be kept under subsection (1).

22C Records to be kept--fixed charge year

(1) A person who is or was a liable entity for a fixed charge year must keep records of the person's activities that:

(a) allow the person to report accurately under section 22AA; and

(b) enable the Regulator to ascertain whether the person has complied with the person's obligations under section 22AA; and

Civil penalty:

(a) for an individual--2,000 penalty units; or

(b) otherwise--10,000 penalty units.

(2) The person must retain the records for 5 years from the end of the fixed charge year in which the activities take place.

(3) The regulations may specify requirements relating to:

(a) the kinds of records; and

(b) the form of records;

that must be kept under subsection (1).

Part 3D--Reporting obligations of holders of liability transfer certificates

22E Report to be given to Regulator

(1) If a person was the holder of a financial control liability transfer certificate in relation to a facility during the whole or a part of an eligible financial year, the person must, in accordance with this section, provide a report to the Regulator relating to the:

(a) greenhouse gas emissions; and

(b) energy production; and

from the operation of the facility during the whole, or the part, as the case may be, of that eligible financial year.

Civil penalty:

(a) for an individual--2,000 penalty units; or

(b) otherwise--10,000 penalty units.

Note 1: Under Division 137 of the Criminal Code, it may be an offence to provide false or misleading information or documents to the Regulator in purported compliance with this Act.

Note 2: Under section 30, a person may be liable for an additional civil penalty for each day after the end of the period mentioned in paragraph (2)(d) for which the person fails to provide a report in accordance with this section.

(2) A report under this section must:

(a) be given in a manner and form approved by the Regulator; and

(b) be based on:

(i) methods determined by the Minister under subsection 10(3); or

(ii) methods which meet criteria determined by the Minister under that subsection;

where the use of those methods satisfies any conditions specified in the determination under that subsection; and

(d) be given to the Regulator before the end of 4 months after the end of the eligible financial year.

(3) Regulations made for the purposes of paragraph (2)(c) may specify different requirements for different circumstances.

(4) In particular, and without limiting subsection (3), the regulations may specify different requirements for persons who:

(a) do not meet any threshold; or

(b) do not meet specified thresholds;

for an eligible financial year to which a report relates.

(5) Regulations made for the purposes of paragraph (2)(c) may also specify information that a State or Territory has requested the Regulator to collect.

(6) The regulations may provide that a person is not required to provide a report under subsection (1) for an eligible financial year in relation to a facility if the facility does not meet a specified threshold for the eligible financial year.

(7) Reports under this section and section 22A may be set out in the same document.

22F Records to be kept

(1) A person who is or was required to provide a report under section 22E for an eligible financial year must keep records of the person's activities that:

(a) allow the person to report accurately under section 22E; and

(b) enable the Regulator to ascertain whether the person has complied with the person's obligations under section 22E; and

Civil penalty:

(a) for an individual--2,000 penalty units; or

(b) otherwise--10,000 penalty units.

(2) The person must retain the records for 5 years from the end of the financial year in which the activities take place.

(3) The regulations may specify requirements relating to:

(a) the kinds of records; and

(b) the form of records;

that must be kept under subsection (1).

368 After subsection 22G(1)

Insert:

(1A) Subsection (1) does not apply to:

(a) greenhouse gas emissions; or

(b) energy production; or

unless the Minister has, under subsection 10(3), determined:

(d) methods by which the amounts of the emissions, production or consumption, as the case may be, are to be measured; or

(e) criteria for methods by which the amounts of emissions, production or consumption, as the case may be, are to be measured.

Note: Paragraph (2)(b) requires that a report under this section must be based on methods, or methods which meet criteria, determined under subsection 10(3).

368A Subsection 22H(2)

Omit "7 years", substitute "5 years".

369 After Part 3E

Insert:

Part 3F--Reporting obligations transferred to member of corporate group

22X Reporting obligations transferred to member of corporate group

Scope

(1) This section applies if:

(a) either:

(i) a facility is under the operational control of a member (the responsible member) of a controlling corporation's group during the whole or a part of a financial year; or

(ii) during the whole or a part of a financial year, a member (the responsible member) of a controlling corporation's group is the holder of a liability transfer certificate that was issued under section 83 of the Clean Energy Act 2011 in relation to a facility; and

(b) the controlling corporation and the responsible member have agreed to transfer reporting obligations for the facility to the responsible member; and

(c) before the end of the financial year, the controlling corporation and the responsible member have jointly notified the Regulator, in writing, of:

(i) the agreement; and

(ii) the facility to which the agreement relates.

Obligation to report

(2) The responsible member must, in accordance with this section and in respect of the financial year, provide a report to the Regulator relating to the:

(a) greenhouse gas emissions; and

(b) energy production; and

from the operation of the facility during the whole, or the part, as the case may be, of the financial year.

Civil penalty: 2,000 penalty units.

Note 1: Under Division 137 of the Criminal Code, it may be an offence to provide false or misleading information or documents to the Regulator in purported compliance with this Act.

Note 2: Under section 30, a responsible member may be liable for an additional civil penalty for each day after the end of the period mentioned in paragraph (4)(d) for which the responsible member fails to provide a report in accordance with this section.

(3) Subsection (1) does not apply to:

(a) greenhouse gas emissions; or

(b) energy production; or

unless the Minister has, under subsection 10(3), determined:

(d) methods by which the amounts of the emissions, production or consumption, as the case may be, are to be measured; or

(e) criteria for methods by which the amounts of emissions, production or consumption, as the case may be, are to be measured.

Note: Paragraph (4)(b) requires that a report under this section must be based on methods, or methods which meet criteria, determined under subsection 10(3).

(4) A report under this section must:

(a) be given in a manner and form approved by the Regulator; and

(b) be based on:

(i) methods determined by the Minister under subsection 10(3); or

(ii) methods which meet criteria determined by the Minister under that subsection;

where the use of those methods satisfies any conditions specified in the determination under that subsection; and

(d) be given to the Regulator before the end of 4 months after the end of each financial year.

(5) Regulations made for the purposes of paragraph (4)(c) may specify different requirements for different circumstances.

(6) Regulations made for the purposes of paragraph (4)(c) may also specify information that a State or Territory has requested the Regulator to collect.

22XA Records to be kept

(1) A person who is or was required to provide a report under section 22X for a financial year must keep records of the person's activities that:

(a) allow the person to report accurately under section 22X; and

(b) enable the Regulator to ascertain whether the person has complied with the person's obligations under section 22X; and

Civil penalty: 1,000 penalty units.

(2) The person must retain the records for 5 years from the end of the financial year in which the activities take place.

(3) The regulations may specify requirements relating to:

(a) the kinds of records; and

(b) the form of records;

that must be kept under subsection (1).

370 Subsection 23(1) (penalty)

Repeal the penalty, substitute:

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

371 Subsections 24(1) and (1A)

Repeal the subsections (not including the heading), substitute:

(1) The Regulator must, by 28 February in a financial year, publish the following on its website in relation to a registered corporation's group:

(a) totals of greenhouse gas emissions that are scope 1 emissions reported under Part 3 or 3F in relation to the corporation's group for the previous financial year;

(b) totals of greenhouse gas emissions that are scope 2 emissions reported under Part 3 or 3F in relation to the corporation's group for the previous financial year;

(i) reported under Part 3 or 3F in relation to the corporation's group for the previous financial year; and

(ii) adjusted in accordance with the regulations.

(1A) In addition to publishing information for the corporation's group in accordance with subsection (1), the Regulator may also publish on its website:

(a) totals of greenhouse gas emissions that are scope 1 emissions for:

(i) each member of the corporation's group; or

(ii) each business unit in relation to the corporation's group;

reported under Part 3 or 3F in relation to the corporation's group for the previous financial year; and

(b) totals of greenhouse gas emissions that are scope 2 emissions for:

(i) each member of the corporation's group; or

(ii) each business unit in relation to the corporation's group;

reported under Part 3 or 3F in relation to the corporation's group for the previous financial year; and

(c) the totals of energy consumption for each member of the corporation's group, or each business unit in relation to the corporation's group:

(i) reported under Part 3 or 3F in relation to the corporation's group for the previous financial year; and

(ii) adjusted in accordance with the regulations; and

(d) the methods mentioned in paragraph 19(6)(b) or 22X(4)(b) that were used to measure:

(i) the totals for the corporation's group referred to in paragraphs (1)(a) and (b); and

(ii) the totals of energy consumption reported under Part 3 or 3F in relation to the corporation's group for the previous financial year; and

(e) the rating given to each of those methods under the determination under subsection 10(3).

This subsection is subject to subsection 25(3).

375 After subsection 24(1A)

Insert:

(1AA) If a person gives the Regulator a report under section 22A in relation to an eligible financial year, the Regulator must publish on its website, by 28 February next following the eligible financial year:

(a) the total of the numbers specified in the report as the person's provisional emissions numbers for the eligible financial year; and

(b) if any of those provisional emissions numbers are attributable to scope 1 emissions of greenhouse gas--the total of those provisional emissions numbers; and

(c) if any of those provisional emissions numbers are attributable to potential greenhouse gas emissions embodied in an amount of natural gas--the total of those provisional emissions numbers.

375A Subsection 24(1AD)

Omit "a corporation", substitute "a person".

375B Subsection 24(1AD)

After "section", insert "22E or".

376 Subsection 24(1AD)

Omit "a website", substitute "its website".

377 Subsection 24(1AE)

Omit "the website", substitute "its website".

377A Paragraph 24(1AE)(a)

After "paragraph", insert "22E(2)(b) or".

378 After subsection 24(1AE)

Insert:

(1AF) If the amount of greenhouse gas emitted, and the amount of energy produced, from the operation of a designated generation facility during a financial year is set out in a report under this Act for the financial year, the Regulator must publish those amounts on its website by 28 February next following the financial year.

(1AG) If the amounts of greenhouse gases emitted from the operation of 2 or more designated generation facilities during a financial year are set out in a report under this Act for the financial year, the Regulator must publish the total of those amounts on its website by 28 February next following the financial year.

(1AH) If the amounts of energy produced from the operation of 2 or more designated generation facilities during a financial year are set out in a report under this Act for the financial year, the Regulator must publish the total of those amounts on its website by 28 February next following the financial year.

379 Subsection 24(1C)

Omit "a website the fact that the totals", substitute "its website the fact that the totals or adjusted totals".

379A Subsection 24(1G)

Omit "a website", substitute "its website".

380 After subsection 24(1G)

Insert:

(1H) The Regulator must not publish information mentioned in subsection (1AD) that is reported by a person under section 22E or 22G for a financial year in relation to a facility unless the operation of the facility during the financial year causes:

(a) emissions of greenhouse gases that have a carbon dioxide equivalence of 25 kilotonnes or more; or

(b) production of energy of 100 terajoules or more; or

(1J) If the person was the holder of the relevant reporting transfer certificate or financial control liability transfer certificate in relation to the facility for a number of, but not all, days in the financial year (the control days), paragraphs (1H)(a), (b) and (c) have effect as though each amount mentioned in the relevant paragraph were replaced by the amount worked out using the following formula:

(1K) Subsection (1H) does not apply to:

(a) greenhouse gas emissions; or

(b) energy production; or

unless the Minister has, under subsection 10(3), determined:

(d) methods by which the amounts of the emissions, production or consumption, as the case may be, are to be measured; or

(e) criteria for methods by which the amounts of emissions, production or consumption, as the case may be, are to be measured.

381 Subsections 24(2) and (3)

Omit "a website", substitute "its website".

384 Subsection 25(1)

Omit "or" (first occurring).

385 Subsection 25(1)

After "section 20,", insert "or a person required to provide a report under section 22A, 22AA, 22E or 22X".

386 At the end of section 25

Add:

(5) This section does not apply to information required to be published under subsection 24(1AF).

387 Subsection 30(2) (civil penalty)

Repeal the civil penalty, substitute:

Civil penalty: 100 penalty units per day.

388 After subsection 30(2)

Insert:

(2A) If, under section 15A, 15AA, 22A, 22AA, 22E, 22X, 74AA or 74B, an act or thing is required to be done within a particular period, or before a particular time, and a person fails to comply with that requirement, the person is liable for a civil penalty for each day that the person fails to comply.

Civil penalty:

(a) for an individual--20 penalty units per day; or

(b) otherwise--100 penalty units per day.

389 Subsection 31(4)

Omit "must have regard", substitute "may have regard".

390 At the end of subsection 31(4)

Add:

; and (e) the extent to which the person has co-operated with the authorities; and

(f) if the person is a body corporate:

(i) the level of the employees, officers or agents of the body corporate involved in the contravention; and

(ii) whether the body corporate exercised due diligence to avoid the contravention; and

(iii) whether the body corporate had a corporate culture conducive to compliance.

391 Division 4 of Part 5 (heading)

Repeal the heading, substitute:

Division 4--Liability of executive officers of bodies corporate

391A Section 47 (heading)

Repeal the heading, substitute:

47 Civil penalties for executive officers of bodies corporate

392 Paragraph 47(1)(a)

Omit "corporation", substitute "body corporate".

393 Paragraph 47(1)(b)

Omit "chief".

394 Paragraphs 47(1)(b) and (c)

Omit "corporation", substitute "body corporate".

395 After subsection 47(1)

Insert:

(1A) For the purposes of subsection (1), the officer is reckless as to whether the contravention would occur if:

(a) the officer is aware of a substantial risk that the contravention would occur; and

(b) having regard to the circumstances known to the officer, it is unjustifiable to take the risk.

(1B) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer's conduct involves:

(a) such a great falling short of the standard of care that a reasonable person would exercise in the circumstances; and

(b) such a high risk that the contravention would occur; and

that the conduct merits the imposition of a pecuniary penalty.

396 Subsection 47(3)

Omit "corporation", substitute "body corporate".

396A Section 48 (heading)

Repeal the heading, substitute:

48 Did an executive officer take reasonable steps to prevent contravention?

397 Subsection 48(1)

Omit "a chief", substitute "an".

398 Subsection 48(1)

Omit "corporation" (first occurring), substitute "body corporate".

399 Subparagraph 48(1)(a)(i)

Omit "corporation", substitute "body corporate".

400 Subparagraph 48(1)(a)(i)

Omit "corporation's", substitute "body corporate's".

401 Subparagraph 48(1)(a)(ii)

Omit "corporation", substitute "body corporate".

402 Subparagraph 48(1)(a)(iii)

Omit "corporation's", substitute "body corporate's".

403 Paragraph 48(1)(b)

Omit "that the corporation was contravening this Act or the regulations", substitute "of the contravention".

403A Section 54 (heading)

Repeal the heading, substitute:

54 Regulator may declare facility--group

404 Subsection 54(5)

Omit "corporation, joint venture or partnership", substitute "person".

405 After section 54

Insert:

54A Regulator may declare facility--non-group entity

(1) The Regulator may declare that an activity or series of activities (including ancillary activities) are a facility:

(a) on application by a non-group entity; or

(b) on the Regulator's own initiative.

(2) An application must:

(a) identify the facility for which a declaration is sought; and

(b) include any other information required by the regulations; and

(3) In considering making a declaration that an activity or series of activities are a facility, the Regulator must have regard to:

(a) the matters dealt with in regulations made for the purposes of paragraph 9(1)(a); and

(b) the need for each facility to be distinct from, and not overlap with, activities that constitute other facilities.

(4) The Regulator must notify, in writing, an applicant under paragraph (1)(a) of a decision under subsection (1) to declare a facility or to refuse the application.

(5) If the Regulator makes a declaration under paragraph (1)(b), the Regulator must notify, in writing, the person that has, or that the Regulator reasonably believes has, operational control of the facility to which the declaration relates.

406 After subsection 55(3)

Insert:

(3A) The Regulator must not declare that a controlling corporation or another member of the corporation's group has operational control of a facility unless the Regulator is satisfied that the corporation or member has substantial authority to introduce and implement either or both of the following for the facility:

(a) operating policies;

(b) environmental policies.

(3B) The Regulator must not declare that a member of a controlling corporation's group (other than the controlling corporation) has operational control of a facility on application made by the member unless the controlling corporation has given written consent to the making of the declaration.

407 At the end of Division 2 of Part 6

Add:

55A Regulator may declare non-group entity has operational control

(1) The Regulator may declare that a non-group entity has operational control of a facility:

(a) on application by the non-group entity; or

(b) on the Regulator's own initiative.

(2) An application must:

(a) identify the facility for which a declaration of operational control is sought; and

(b) include any other information required by the regulations; and

(3) In considering making a declaration that a non-group entity has operational control of a facility, the Regulator must have regard to the matters dealt with in paragraph 11(1)(a) and regulations made for the purposes of that paragraph.

(4) The Regulator must not declare that a non-group entity has operational control of a facility unless the Regulator is satisfied that the non-group entity has substantial authority to introduce and implement either or both of the following for the facility:

(a) operating policies;

(b) environmental policies.

(5) The Regulator must notify, in writing, an applicant under paragraph (1)(a) of a decision under subsection (1) to declare the non-group entity to have operational control of the facility or to refuse the application.

(6) If the Regulator makes a declaration under paragraph (1)(b), the Regulator must notify, in writing, the non-group entity which the Regulator has declared to have operational control of the facility to which the declaration relates.

408 After paragraph 56(a)

Insert:

(aa) not register a person under section 18A;

409 Paragraph 56(b)

Omit "corporation under section 18", substitute "person under section 18B".

410 After paragraph 56(g)

Insert:

(ga) refuse an application under section 54A;

(gb) declare a facility under paragraph 54A(1)(b);

411 At the end of section 56

Add:

; (k) refuse an application under section 55A;

(l) declare that a non-group entity has operational control of a facility under paragraph 55A(1)(b).

412 Subsection 61(3) (penalty)

Repeal the penalty, substitute:

Penalty: Imprisonment for 6 months or 30 penalty units, or both.

413 Subsection 69(2) (penalty)

Repeal the penalty, substitute:

Penalty: 30 penalty units.

414 Before section 75

Insert:

74AA Audit of persons providing reports under section 22A

(1) This section applies if:

(a) a person is required to provide a report under section 22A for an eligible financial year; and

(b) the person's emissions number for the eligible financial year exceeds the number specified in the regulations in relation to the eligible financial year.

(2) The person must:

(a) appoint as an audit team leader a registered greenhouse and energy auditor of the person's choice; and

(b) arrange for the audit team leader to carry out an audit of:

(i) the section 22A report; and

(ii) such other matters (if any) relating to the section 22A report as are specified in the regulations; and

(iii) the person's compliance with section 22B in relation to the eligible financial year; and

(d) give the Regulator a copy of the audit report:

(i) on the day on which the section 22A report is provided to the Regulator; and

(ii) in the manner specified in the regulations.

Civil penalty:

(a) for an individual--200 penalty units; or

(b) otherwise--1,000 penalty units.

Note: Under section 30, a person may be liable for an additional civil penalty for each day after the day mentioned in paragraph (d) for which the person fails to provide an audit report in accordance with this section.

(3) The regulations may specify:

(a) the type of audit to be carried out; and

(b) the matters to be covered by the audit; and

(4) The person must provide the audit team leader and any audit team members with all reasonable facilities and assistance necessary for the effective exercise of the audit team leader's duties under this Act.

Civil penalty:

(a) for an individual--50 penalty units; or

(b) otherwise--250 penalty units.

74B Audits of certain entities--compliance

(1) For the purposes of this section, a person is a relevant person if:

(a) the following subparagraphs apply:

(i) the person is a non-group entity;

(ii) the Regulator has reasonable grounds to suspect that the person has contravened, is contravening, or is proposing to contravene, this Act or the regulations; or

(b) the following subparagraphs apply:

(i) the person is the responsible member mentioned in subsection 22X(1);

(ii) the person is not a registered corporation;

(iii) the Regulator has reasonable grounds to suspect that the person has contravened, is contravening, or is proposing to contravene, this Act or the regulations.

(2) The Regulator may, by written notice given to a relevant person, require the relevant person to:

(a) appoint as an audit team leader:

(i) a registered greenhouse and energy auditor of the relevant person's choice; or

(ii) if the Regulator specifies a registered greenhouse and energy auditor in the notice--that auditor; or

(iii) if the Regulator specifies more than one registered greenhouse and energy auditor in the notice--any one of those auditors; and

(b) arrange for the audit team leader to carry out an audit on one or more aspects of the relevant person's compliance with this Act or the regulations; and

(c) arrange for the audit team leader to give the relevant person a written report setting out the results of the audit; and

(d) give the Regulator a copy of the audit report on or before the day specified in the notice.

(3) The notice must specify:

(a) the type of audit to be carried out; and

(b) the matters to be covered by the audit; and

(4) The relevant person must provide the audit team leader and any audit team members with all reasonable facilities and assistance necessary for the effective exercise of the audit team leader's duties under this Act.

Civil penalty:

(a) for an individual--50 penalty units; or

(b) otherwise--250 penalty units.

(5) If the Regulator gives the relevant person written notice under subsection (2), the relevant person must comply with the requirements of the notice.

Civil penalty:

(a) for an individual--200 penalty units; or

(b) otherwise--1,000 penalty units.

Note: Under section 30, a relevant person may be liable for an additional civil penalty for each day after the day mentioned in paragraph (2)(d) for which the relevant person fails to provide an audit report in accordance with this section.

74C Audits of certain entities--other

(1) For the purposes of this section, a person is a relevant person if:

(a) the person is a non-group entity; or

(b) the person:

(i) is the responsible member mentioned in subsection 22X(1); and

(ii) is not a registered corporation.

(2) The Regulator may appoint a registered greenhouse and energy auditor as an audit team leader to carry out an audit of a relevant person's compliance with one or more aspects of this Act or the regulations.

(3) The Regulator must give written notice to the relevant person of a decision to appoint an audit team leader under subsection (2). The notice must:

(a) specify the audit team leader; and

(b) specify the period within which the audit is to be undertaken; and

(d) specify the matters to be covered by the audit; and

(e) be given to the relevant person at a reasonable time before the audit is to be undertaken.

Civil penalty:

(a) for an individual--50 penalty units; or

(b) otherwise--250 penalty units.

(5) If a relevant person is given a notice under subsection (3), the relevant person must arrange for the audit team leader to carry out the audit.

Civil penalty:

(a) for an individual--200 penalty units; or

(b) otherwise--1,000 penalty units.

415 Subsection 75A(7)

Omit "signed", substitute "written".

415A After section 76

Insert:

76A Periodic reviews of operation of this Act etc.

(1) The Climate Change Authority must conduct reviews of the operation of:

(a) this Act; and

(b) legislative instruments under this Act.

Public consultation

(2) A review under subsection (1) must make provision for public consultation.

Report

(3) The Climate Change Authority must:

(a) give the Minister a report of the review; and

(b) as soon as practicable after giving the report to the Minister, publish the report on the Climate Change Authority's website.

(4) The Minister must cause copies of a report under subsection (3) to be tabled in each House of the Parliament within 15 sitting days of that House after the review is completed.

First review

(5) The first review under subsection (1) must be completed during the period:

(a) beginning at the start of 30 June 2016; and

(b) ending at the end of 31 December 2018.

Subsequent reviews

(6) Each subsequent review under subsection (1) must be completed within 5 years after the deadline for completion of the previous review.

(7) For the purposes of subsections (4), (5) and (6), a review is completed when the report of the review is given to the Minister under subsection (3).

Recommendations

(8) A report of a review under subsection (1) may set out recommendations to the Commonwealth Government.

(9) In formulating a recommendation that the Commonwealth Government should take particular action, the Climate Change Authority must analyse the costs and benefits of that action.

(10) Subsection (9) does not prevent the Climate Change Authority from taking other matters into account in formulating a recommendation.

(11) If a report of a review under subsection (1) sets out one or more recommendations to the Commonwealth Government, the report must set out the Climate Change Authority's reasons for those recommendations.

Government response to recommendations

(12) If a report of a review under subsection (1) sets out one or more recommendations to the Commonwealth Government:

(a) as soon as practicable after receiving the report, the Minister must cause to be prepared a statement setting out the Commonwealth Government's response to each of the recommendations; and

(b) within 6 months after receiving the report, the Minister must cause copies of the statement to be tabled in each House of the Parliament.

(13) The Commonwealth Government's response to the recommendations may have regard to the views of the following:

(a) the Climate Change Authority;

(b) the Regulator;

76B Special reviews of operation of this Act etc.

Scope

(1) This section applies if:

(a) the Minister, by written instrument given to the Chair of the Climate Change Authority, requests the Climate Change Authority to conduct a review under this section of such matters as are specified in the instrument; and

(b) the matters specified in the instrument are covered by subsection (4).

Review

(2) The Climate Change Authority must conduct a review of those matters.

Consultation

(3) In conducting a review, the Climate Change Authority must make provision for public consultation.

Covered matters

(4) This subsection covers the operation of:

(a) this Act; and

(b) legislative instruments under this Act.

Report

(5) The Climate Change Authority must:

(a) give the Minister a report of the review; and

(b) as soon as practicable after giving the report to the Minister, publish the report on the Climate Change Authority's website.

(6) The Minister must cause copies of a report under subsection (5) to be tabled in each House of the Parliament within 15 sitting days of that House after the completion of the preparation of the report.

Recommendations

(7) A report of a review under subsection (2) may set out recommendations to the Commonwealth Government.

(8) In formulating a recommendation that the Commonwealth Government should take particular action, the Climate Change Authority must analyse the costs and benefits of that action.

(9) Subsection (8) does not prevent the Climate Change Authority from taking other matters into account in formulating a recommendation.

(10) If a report of a review under subsection (2) sets out one or more recommendations to the Commonwealth Government, the report must set out the Climate Change Authority's reasons for those recommendations.

Government response to recommendations

(11) If a report of a review under subsection (2) sets out one or more recommendations to the Commonwealth Government:

(a) as soon as practicable after receiving the report, the Minister must cause to be prepared a statement setting out the Commonwealth Government's response to each of the recommendations; and

(b) within 6 months after receiving the report, the Minister must cause copies of the statement to be tabled in each House of the Parliament.

(12) The Commonwealth Government's response to the recommendations may have regard to the views of the following:

(a) the Climate Change Authority;

(b) the Regulator;

As at 2 April 2012 the amendments are not incorporated in this compilation.

Commonwealth Consolidated Acts

NATIONAL GREENHOUSE AND ENERGY REPORTING ACT 2007 - NOTES

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
4. Schedule 2, Part 2	The later of: (a) the commencement of section 3 of the Carbon Pollution Reduction Scheme Act 2009; and (b) immediately after the commencement of Part 1 of Schedule 2 to this Act. However, the provision(s) do not commence at all if the event mentioned in paragraph (a) does not occur.	Does not commence
5. Schedule 2, Part 3	At the same time as Part 2 of Schedule 1 to the Carbon Pollution Reduction Scheme (Consequential Amendments) Act 2009 commences.	Does not commence

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
Part 1
Division 2
S. 7..........................................	am. No. 84, 2008; No. 87, 2009; Nos. 46, 102 and 132, 2011
S. 9..........................................	am. No. 132, 2011
S. 10........................................	am. No. 84, 2008
S. 11........................................	am. No. 132, 2011
Part 2
Division 1
Heading to s. 12....................	rs. No. 84, 2008
S. 12........................................	am. No. 84, 2008
Note to s. 12(1)......................	am. No. 84, 2008
S. 13........................................	am. No. 87, 2009; No. 102, 2011
S. 14........................................	am. No. 84, 2008
S. 15........................................	am. No. 84, 2008; No. 132, 2011
Division 2
S. 16........................................	am. No. 84, 2008; No. 87, 2009; No. 132, 2011
Division 3
S. 17........................................	am. No. 84, 2008; No. 87, 2009; No. 132, 2011
S. 18........................................	am. No. 87, 2009; No. 132, 2011
Part 3
Heading to s. 19....................	rs. No. 132, 2011
S. 19........................................	am. No. 84, 2008; No. 87, 2009; Nos. 102 and 132, 2011
Notes 1, 2 to s. 19(1).............	am. No. 132, 2011
Note 3A to s. 19(1).................	ad. No. 87, 2009
S. 20........................................	am. No. 84, 2008; No. 132, 2011
Note 1 to s. 20(4)...................	am. No. 132, 2011
Heading to s. 21....................	am. No. 84, 2008
S. 21........................................	am. No. 84, 2008; No. 132, 2011
Note to s. 21(4)......................	am. No. 132, 2011
S. 21A.....................................	ad. No. 84, 2008
	am. No. 132, 2011
Note to s. 21A(2)....................	am. No. 132, 2011
S. 22........................................	am. No. 87, 2009; No. 132, 2011
Part 3E
Part 3E....................................	ad. No. 87, 2009
Division 1
Heading to s. 22G.................	rs. No. 132, 2011
S. 22G.....................................	ad. No. 87, 2009
	am. Nos. 102 and 132, 2011
Note 1 to s. 22G(1)................	am. No. 132, 2011
S. 22H.....................................	ad. No. 87, 2009
	am. Nos. 102 and 132, 2011
Division 2
S. 22J......................................	ad. No. 87, 2009
S. 22K.....................................	ad. No. 87, 2009
	am. No. 132, 2011
S. 22KA...................................	ad. No. 87, 2009
	am. No. 132, 2011
S. 22L......................................	ad. No. 87, 2009
	am. Nos. 102 and 132, 2011
S. 22M.....................................	ad. No. 87, 2009
	am. No. 102, 2011
S. 22N.....................................	ad. No. 87, 2009
	am. No. 132, 2011
S. 22P.....................................	ad. No. 87, 2009
	am. No. 132, 2011
Ss. 22Q, 22R..........................	ad. No. 87, 2009
Part 4
S. 23........................................	am. No. 87, 2009; No. 132, 2011
Note to s. 23...........................	ad. No. 132, 2011
Subhead. to s. 24(2)..............	ad. No. 84, 2008
Subhead. to s. 24(5)..............	ad. No. 84, 2008
	rs. No. 132, 2011
Subhead. to s. 24(6)..............	ad. No. 84, 2008
	rs. No. 132, 2011
S. 24........................................	am. No. 84, 2008; No. 87, 2009; Nos. 102 and 132, 2011
S. 25........................................	am. No. 87, 2009; No. 132, 2011
S. 26........................................	am. No. 102, 2011
	rep. No. 132, 2011
S. 27........................................	am. No. 132, 2011
S. 28........................................	am. No. 84, 2008; No. 132, 2011
Part 5
Division 1
Subdivision A
S. 30........................................	am. No. 87, 2009
S. 31........................................	am. No. 132, 2011
Division 2
Ss. 39, 40................................	am. No. 132, 2011
S. 42........................................	am. No. 132, 2011
Division 3
Ss. 45, 46................................	am. No. 132, 2011
Part 6
Div. 1 of Part 6.......................	rep. No. 132, 2011
Ss. 49-52................................	rep. No. 132, 2011
S. 53........................................	am. No. 84, 2008
	rep. No. 132, 2011
Division 2
Heading to Div. 2 of Part 6...	rs. No. 132, 2011
Heading to s. 54....................	rs. No. 132, 2011
S. 54........................................	am. No. 132, 2011
Heading to s. 55....................	rs. No. 132, 2011
S. 55........................................	am. No. 132, 2011
Division 3
S. 56........................................	am. No. 87, 2009; No. 132, 2011
Division 4
Subdivision A
Ss. 57, 58................................	am. No. 132, 2011
Subdivision F
S. 71........................................	am. No. 132, 2011
Subdivision G
Heading to Subdiv. G of....... Div. 4 of Part 6	rs. No. 87, 2009
Heading to s. 73....................	am. No. 87, 2009
S. 73........................................	am. No. 84, 2008; No. 87, 2009; No. 132, 2011
S. 73A.....................................	ad. No. 87, 2009
	am. No. 132, 2011
Heading to s. 74....................	am. No. 87, 2009
S. 74........................................	am. No. 84, 2008; No. 87, 2009; No. 132, 2011
S. 74A.....................................	ad. No. 87, 2009
	am. No. 132, 2011
S. 75........................................	rs. No. 87, 2009; No. 102, 2011
S. 75A.....................................	ad. No. 87, 2009
	am. Nos. 102 and 132, 2011