Commonwealth Numbered Acts(1) A facility is an activity, or a series of activities (including ancillary activities), that involve the production of greenhouse gas emissions, the production of energy or the consumption of energy and that:
(a) form a single undertaking or enterprise and meet the requirements of the regulations; or
(b) are declared by the Greenhouse and Energy Data Officer to be a facility under section 54;
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.
(2) Paragraph (1)(a) does not apply if a declaration of a kind referred to in paragraph (1)(b) is in force.
(3) For the purposes of paragraph (1)(a), the activity or activities constituting the undertaking or enterprise must not be attributable to more than one industry sector.
(4) Regulations made for the purposes of paragraph (1)(a) may specify:
(a) the circumstances in which an activity or activities (including ancillary activities) will form part of a single undertaking or enterprise; and
(b) what activities are attributable to particular industry sectors.