CLEAN ENERGY ACT 2011 (NO. 131, 2011) - SECT 123 Surrender restrictions
CLEAN ENERGY ACT 2011 (NO. 131, 2011) - SECT 123
Surrender restrictions(1) The regulations may make provision for, or in relation to, prohibiting the surrender of specified eligible international emissions units.
Note: For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003 .
(2) In making a recommendation to the Governor-General about regulations to be made for the purposes of subsection (1), the Minister may have regard to:
(a) Australia's international objectives; and
(b) Australia's international obligations (including obligations under international climate change agreements); and
(c) the environmental integrity of this Act and the associated provisions; and
(d) any relevant report given to the Minister by the Climate Change Authority under Part 22; and
(e) the extent to which eligible international emissions units may be surrendered, accepted or used for the purposes of:
(i) the Climate Change Response Act 2002 of New Zealand; or
(ii) the European Union emissions trading scheme; and
(f) such other matters (if any) as the Minister considers relevant.
(3) If:
(a) regulations are made for the purposes of subsection (1); and
(b) the regulations are registered under the Legislative Instruments Act 2003 during an eligible financial year;
the regulations do not apply to the surrender of eligible international emissions units in relation to the eligible financial year.