CLEAN ENERGY ACT 2011 (NO. 131, 2011) - SECT 190 Relinquishment requirement to be entered in the Information Database

CLEAN ENERGY ACT 2011 (NO. 131, 2011) - SECT 190

Scope

             (1)  This section applies if there is an entry for a person in the Information Database in relation to an eligible financial year.

Relinquishment requirement

             (2)  If, under this Act or the Jobs and Competitiveness Program, the person is required, during the eligible financial year, to relinquish a particular number of carbon units, the Regulator must enter in the Information Database details of the relinquishment requirement.

             (3)  If any of the following paragraphs apply:

                     (a)  the decision to require the person to relinquish a specified number of carbon units is being reconsidered by the Regulator under section 283;

                     (b)  the decision to require the person to relinquish a specified number of carbon units has been affirmed or varied by the Regulator under section 283, and the decision as so affirmed or varied is the subject of an application for review by the Administrative Appeals Tribunal;

                     (c)  the decision to require the person to relinquish a specified number of carbon units is the subject of an application for review by the Administrative Appeals Tribunal;

then:

                     (d)  in any case--the Regulator must make an appropriate annotation in the Information Database; and

                     (e)  if paragraph (a) applies--when the Regulator notifies the applicant for reconsideration of the Regulator's decision on the reconsideration, the Regulator must make an appropriate annotation in the Information Database; and

                      (f)  if paragraph (b) or (c) applies--when the review by the Administrative Appeals Tribunal (including any court proceedings arising out of the review) has been finalised, the Regulator must make an appropriate annotation in the Information Database.