CLEAN ENERGY ACT 2011 (NO. 131, 2011) - SECT 16 When regulations must be tabled
CLEAN ENERGY ACT 2011 (NO. 131, 2011) - SECT 16
When regulations must be tabled(1) The Minister must take all reasonable steps to ensure that a set of regulations that:
(a) declares the carbon pollution cap, and the carbon pollution cap number, for the flexible charge year beginning on 1 July 2015; and
(b) declares the carbon pollution cap, and the carbon pollution cap number, for each of the next 4 flexible charge years;
is tabled in each House of the Parliament under section 38 of the Legislative Instruments Act 2003 not later than 31 May 2014.
(2) A set of regulations covered by subsection (1) must not be made, or tabled in a House of the Parliament, after 31 May 2014.
(3) If, at the start of the month of May that is 14 months before the start of a particular flexible charge year beginning on or after 1 July 2016, no regulations made for the purposes of section 14 have previously taken effect, the Minister must take all reasonable steps to ensure that a set of regulations that:
(a) declares the carbon pollution cap, and the carbon pollution cap number, for the flexible charge year; and
(b) declares the carbon pollution cap, and the carbon pollution cap number, for each of the next 4 flexible charge years;
is tabled in each House of the Parliament under section 38 of the Legislative Instruments Act 2003 not later than the end of that May.
(4) A set of regulations covered by subsection (3) must not be made, or tabled in a House of the Parliament, after the end of the May mentioned in that subsection.
(5) If a set of regulations that:
(a) declares the carbon pollution cap, and the carbon pollution cap number, for a particular flexible charge year; and
(b) declares the carbon pollution cap, and the carbon pollution cap number, for each of the next 4 flexible charge years;
has taken effect, the Minister must take all reasonable steps to ensure that:
(c) regulations declaring the carbon pollution cap, and the carbon pollution cap number, for the flexible charge year (the relevant flexible charge year ) next following the last flexible charge year covered by paragraph (b) are tabled in each House of the Parliament under section 38 of the Legislative Instruments Act 2003 at least 5 years before the end of the relevant flexible charge year; and
(d) regulations declaring the carbon pollution cap, and the carbon pollution cap number, for a flexible charge year that is later than the relevant flexible charge year are tabled in each House of the Parliament under section 38 of the Legislative Instruments Act 2003 at least 5 years before the end of the later flexible charge year.
(6) Regulations covered by paragraph (5)(c) must not be made, or tabled in a House of the Parliament, after the start of the 5-year period mentioned in that paragraph.
(7) Regulations covered by paragraph (5)(d) must not be made, or tabled in a House of the Parliament, after the start of the 5-year period mentioned in that paragraph.
(8) If:
(a) either:
(i) a set of regulations covered by subsection (1) or (3) is made; or
(ii) regulations covered by paragraph (5)(c) or (d) are made; and
(b) on a particular day (the tabling day ), a copy of the regulations is tabled in a House of the Parliament under section 38 of the Legislative Instruments Act 2003 ;
then, on or as soon as practicable after the tabling day, the Minister must cause to be tabled in that House a written statement setting out the Minister's reasons for making the recommendation to the Governor-General about those regulations.