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NATIONAL GREENHOUSE AND ENERGY REPORTING ACT 2007 (NO. 175, 2007) - SECT 7

Definitions

                   In this Act:

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

"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.

"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.

"exclusive economic zone" has the same meaning as in the Seas and Submerged Lands Act 1973 .

"external auditor" means an individual who:

                     (a)  is not an officer, employee or agent of the corporation or of one of the members of the corporation's group; and

                     (b)  has professional expertise and qualifications which meet the requirements specified in regulations made for the purposes of this paragraph.

"facility" has the meaning given by section 9.

"Greenhouse and Energy Data Officer" means the Greenhouse and Energy Data Officer established under section 49.

"greenhouse and energy information" means information reported to the Greenhouse and Energy Data Officer 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).

"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.

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

"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.

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

"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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