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NATIONAL GREENHOUSE AND ENERGY REPORTING ACT 2007 - SECT 7

Definitions

                   In this Act:

"audit information" means information obtained by or on behalf of an audit team leader in the course of carrying out a greenhouse and energy audit.

"audit team leader" means a registered greenhouse and energy auditor appointed to carry out a greenhouse and energy audit.

"audit team member" , in relation to a greenhouse and energy audit, means a person assisting the audit team leader to carry out the audit.

"authorised officer" means an officer appointed under section 57.

"business unit" has the meaning given by the regulations.

"carbon dioxide equivalence" , 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.

"CFI audit" means:

                     (a)  an audit under section 214 or 215 of the Carbon Credits (Carbon Farming Initiative) Act 2011 ; or

                     (b)  an audit carried out for the purposes of preparing an audit report prescribed for the purposes of any of the following provisions of the Carbon Credits (Carbon Farming Initiative) Act 2011 :

                              (i)  paragraph 13(1)(e);

                             (ii)  paragraph 23(1)(d);

                            (iii)  paragraph 76(4)(c).

"CFI audit report" means:

                     (a)  an audit report under section 214 or 215 of the Carbon Credits (Carbon Farming Initiative) Act 2011 ; or

                     (b)  an audit report prescribed for the purposes of any of the following provisions of the Carbon Credits (Carbon Farming Initiative) Act 2011 :

                              (i)  paragraph 13(1)(e);

                             (ii)  paragraph 23(1)(d);

                            (iii)  paragraph 76(4)(c).

"civil penalty provision" has the meaning given by section 29.

"constitutional corporation" means a corporation to which paragraph 51(xx) of the constitution applies.

"consumption , of energy ," has the meaning given by section 10.

"controlling corporation" means a constitutional corporation that does not have a holding company incorporated in Australia.

"court" means:

                     (a)  the Federal Court of Australia; or

                     (b)  the Federal Magistrates Court.

"emission" , of greenhouse gas, has the meaning given by section 10.

"energy" , includes fuel, or any other energy commodity, of a kind specified in the regulations.

"facility" has the meaning given by section 9.

"financial control" has the meaning given by section 22R.

"greenhouse and energy audit" means an audit under any of sections 73 to 74A.

"greenhouse and energy information" means information reported to the Regulator under this Act or information obtained by a person whilst performing duties under this Act or the regulations.

"greenhouse gas" means:

                     (a)  carbon dioxide; or

                     (b)  methane; or

                     (c)  nitrous oxide; or

                     (d)  sulphur hexafluoride; or

                     (e)  a hydrofluorocarbon of a kind specified in the regulations; or

                      (f)  a perfluorocarbon of a kind specified in the regulations.

"greenhouse gas project" means an activity or series of activities:

                     (a)  designed to remove or reduce the emission of greenhouse gases; and

                     (b)  which meet the requirements specified in the regulations;

but does not include an activity, or a series of activities, in the exclusive economic zone, except to the extent that it is an oil or gas extraction activity or a series of oil or gas extraction activities.

"group" has the meaning given by subsection 8(1).

"holding company" , in relation to a body corporate, is a body corporate of which the first body corporate is a subsidiary .

"industry sector" has the meaning given by the regulations.

"innocent passage" has the meaning it has under the United Nations Convention on the Law of the Sea done at Montego Bay on 10 December 1982.

Note:          For the Convention on the Law of the Sea see the Schedule to the Seas and Submerged Lands Act 1973 .

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

"member" has the meaning given by subsection 8(2).

"official of the Regulator" has the same meaning as in the Clean Energy Regulator Act 2011 .

"offsets" , of greenhouse gas emissions, has the meaning given by section 10.

"oil or gas extraction activity" means:

                     (a)  any activity involving extraction of, or exploration for, oil or gas; and

                     (b)  any activity, of a kind specified in the regulations, that is connected with such extraction or exploration.

"operational control" has the meaning given by section 11.

"penalty unit" has the meaning given by section 4AA of the Crimes Act 1914 .

"production" , of energy, has the meaning given by section 10.

"protected information" has the same meaning as in the Clean Energy Regulator Act 2011 .

"reduction" , of greenhouse gas emissions, has the meaning given by section 10.

"registered corporation" means a corporation that is registered under Division 3 of Part 2.

"registered greenhouse and energy auditor" means an individual who is registered in the register of greenhouse and energy auditors kept under section 75A.

"Regulator" means the Clean Energy Regulator.

"removal" , of greenhouse gas, has the meaning given by section 10.

"reporting transfer certificate" means a certificate issued under section 22L.

"reporting transfer test" has the meaning given by section 22J.

"subsidiary" has the meaning given by section 46 of the Corporations Act 2001 .

"warrant" (except in paragraph 60(1)(h)) means a warrant issued under section 70.



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