Energy Efficiency Opportunities Regulations 2006 (Cth)

Energy Efficiency Opportunities Regulations 2006

Select Legislative Instrument No. 160, 2006 as amended

made under the

Energy Efficiency Opportunities Act 2006

Compilation start date: 7 August 2013

Includes amendments up to: SLI No. 227, 2013

About this compilation

This compilation

This is a compilation of the Energy Efficiency Opportunities Regulations 2006 as in force on 7 August 2013. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 27 August 2013.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary 1

1.1......... Name of Regulations.......................................................................... 1

1.2......... Commencement.................................................................................. 1

1.3......... Definitions.......................................................................................... 1

1.3A...... Operational control............................................................................. 8

1.4......... User of energy—general principles.................................................... 8

1.4A...... User of energy—liability transfer or reporting transfer certificate issued 9

1.4B...... User of energy—liability transfer or reporting transfer certificate not issued (registered corporation or member of registered corporation’s group)...................................................... 9

1.4C...... User of energy—liability transfer or reporting transfer certificate issued (not registered corporation or member of registered corporation’s group).................................................... 11

1.4D...... User of energy—future energy (new developments and expansions) 12

1.5......... Energy use threshold—meaning of energy used.............................. 13

1.5A...... Energy use threshold—energy used for supporting services or supporting infrastructure for new developments and expansions................................................................................. 15

1.6......... Energy use—accuracy, calculation requirements and changed group members 16

1.7......... Controlling corporation to ensure regulations are fulfilled.............. 17

1.8......... Forms................................................................................................ 18

Part 2—Definitions relating to groups 19

2.1......... Controlling corporation—general.................................................... 19

2.2......... Group and members of a group—general........................................ 19

2.3......... Responsible entity—rules for making a nomination........................ 20

2.4......... Group and members of a group—revocation of nomination by responsible entity 21

2.5......... Group and members of a group—revocation of nomination otherwise than by responsible entity 22

Part 3—Corporations required to register 25

3.1......... Obligation to apply to register—content of application................... 25

3.2......... Obligation to apply to register—form of application....................... 25

3.3......... Exemption from registration on application by corporation—content of application 26

3.4......... Exemption from registration on application by corporation—form of application 27

Part 4—Registration 28

4.1......... The Register—matters to be entered on Register............................. 28

4.2......... Corporation may apply for deregistration—content of application. 29

4.3......... Corporation may apply for deregistration—form of application..... 30

Part 5—Assessment plan 32

5.1......... Requirements for an assessment plan—form of plan....................... 32

5.2......... Requirements for an assessment plan—information in plan............ 33

5.3......... Identifying parts of a group that must be planned to be assessed.... 34

5.3A...... Assessments for new developments and expansions....................... 36

5.4......... Aggregation of information.............................................................. 38

5.5......... Documents that registered corporation must give Secretary—liability transfer or reporting transfer certificate.......................................................................................................... 39

5.6......... Variation of percentage of baseline energy to be assessed.............. 39

5.7......... Proposal for assessing opportunities for improving energy efficiency of controlling corporation’s group.......................................................................................................... 41

5.8......... Variation to approved assessment plan—new developments and expansions 42

Part 7—Reporting about energy efficiency opportunities assessments 43

Division 1A—Application of Part 43

7.1A...... Application of Part........................................................................... 43

Division 1—Reporting to the public 44

7.1......... Period to which report relates........................................................... 44

7.2......... Information in report........................................................................ 45

7.3......... Form of report.................................................................................. 50

7.4......... Time for reporting to the public....................................................... 50

7.5......... Manner of making report available.................................................. 52

Division 2—Reporting to the Secretary 53

7.6......... Period to which report relates........................................................... 53

7.6A...... Information in report (new development or expansion)................... 54

7.7......... Information in report (no new development or expansion).............. 54

7.8......... Form of report.................................................................................. 58

7.9......... Time of giving report....................................................................... 58

7.10....... Manner of giving report................................................................... 58

Part 8—Powers of inspection 60

8.1......... Identity cards.................................................................................... 60

Part 9—Miscellaneous 61

Division 1—Verification of compliance with the Energy Efficiency Opportunities Program 61

9.1......... Verification of compliance............................................................... 61

Division 2—Transfer of obligation to assess and report energy use under reporting transfer certificate 62

9.2......... Agreement to transfer obligation...................................................... 62

Division 3—General 63

9.3......... Delegation........................................................................................ 63

Part 10—Transitional 64

Division 1—Transitional provisions for Energy Efficiency Opportunities Amendment Regulations 2008 (No. 1) 64

10.1....... Application....................................................................................... 64

10.2....... Definitions........................................................................................ 64

10.3....... User of energy.................................................................................. 64

10.4....... Energy use threshold—meaning of energy used.............................. 65

10.5....... Conversion factors............................................................................ 66

Division 2—Transitional provisions for Energy Efficiency Opportunities Amendment (Assessments and Reporting) Regulation 2013 67

10.6....... Assessment plans or variations......................................................... 67

Schedule 1—Energy use 68

Part 2—Energy that is not treated as energy used by an entity 68

Schedule 2—Application to register—content of application 70

Schedule 2A—Content of assessment plan (new development or expansion) 72

Part 1—Corporate operations 72

Part 2—Estimated future energy use 73

Part 3—Assessments 74

Part 4—Reporting 79

Schedule 3—Content of assessment plan (no new development or expansion) 80

Part 1—Corporate structure 80

Part 2—Current energy use and savings data 83

Part 3—Assessment schedule 86

Part 4—Reporting schedule 94

Schedule 5—Identity cards 96

Endnotes98

Endnote 1—About the endnotes 98

Endnote 2—Abbreviation key 100

Endnote 3—Legislation history 101

Endnote 4—Amendment history 102

Endnote 5—Uncommenced amendments [none] 106

Endnote 6—Modifications [none] 106

Endnote 7—Misdescribed amendments [none] 106

Endnote 8—Miscellaneous [none] 106

Part 1—Preliminary

1.1 Name of Regulations

These Regulations are the Energy Efficiency Opportunities Regulations 2006.

1.2 Commencement

These Regulations commence on the day after they are registered.

1.3 Definitions

(1) In these Regulations:

Act means the Energy Efficiency Opportunities Act 2006.

approved form means a form approved by the Secretary under regulation 1.8.

aspirational target means a target for energy efficiency that:

(a) is technically achievable; and

(b) encourages the achievement of substantial energy efficiency opportunities in the design of a new development or an expansion.

assessment cycle means each of the following periods:

(a) the period of 5 years beginning on 1 July in the financial year after the trigger year;

(b) each subsequent five year period after the end of the period mentioned in paragraph (a).

Assessment Framework means the Assessment Framework in the table in:

(a) for a new development or an expansion—item 301 of Schedule 2A; or

(b) otherwise—item 305 of Schedule 3.

baseline energy means the amount of total energy use of a controlling corporation’s group, identified for the purpose of paragraph 201(1)(a) of Schedule 3.

baseline year, for an assessment cycle relating to a controlling corporation, means the period of 12 months identified as the ‘baseline year’ in the controlling corporation’s approved assessment plan for the assessment cycle.

Note: See items 101, 201 and 202 of Schedule 3.

business unit means a group member, or associated group members within a group, that:

(a) is made responsible by the controlling corporation for a function that is significant to the overall business of the group; and

(b) has a significant degree of autonomy and responsibility.

Note: A business unit may be:

(a) a group member or members; or

(b) a part of a group member or members; or

that operate a large site, or a group of sites, or a team of group members providing specialist services across a business.

capacity factor means the energy generated by a generating unit over a period of time, expressed as a percentage of the maximum energy that the unit could generate, if it operated continuously, at maximum capacity, over the same period.

combustible fuel means an energy source that is combusted to create energy.

commercial operation has the meaning given by subregulation (2).

design stage, in relation to a project, means a stage (however described) in the process undertaken by an entity to design the project and develop it to the commencement of commercial operation.

Note: A stage would occur at some time from the initial concept to when commercial operation has commenced.

Examples: The following are possible descriptions of stages:

(a) concept;

(b) pre‑feasibility;

(d) front end engineering design;

(e) procurement;

(f) detailed design and construction;

(g) commissioning;

(h) post‑construction optimisation.

energy and material flows means:

(a) the materials and energy entering and leaving a site or fleet and its processes, systems, activities and equipment; and

(b) the energy conversions and energy use within the site or fleet and its processes, systems, activities and equipment.

energy efficiency opportunity means a potential change to a process, system, activity, technology or piece of equipment that:

(a) may result in improvements in energy performance; and

(b) does not breach a legal obligation (such as building regulations or occupational health and safety requirements).

energy performance means measurable results related to energy efficiency, use and consumption, in a form that enables comparisons against a corporation’s energy policy, objectives, targets and other energy performance requirements.

energy productivity improvement means a design choice in relation to a new development or an expansion that:

(a) relates to energy sources and how energy is used; and

(b) is intended to produce a financial return.

expansion has the meaning given by subregulation (3).

facility has the meaning given by section 9 of the National Greenhouse and Energy Reporting Act 2007.

financial control has the meaning given by section 22R of the National Greenhouse and Energy Reporting Act 2007.

future energy means energy that a new development or an expansion will use after commercial operation has commenced.

future energy use means the energy that a new development or expansion will use, on average and calculated on an annual basis, after commercial operation has commenced.

GJ means gigajoules.

indicator means a measure of the energy use of a controlling corporation’s group, or a part of a controlling corporation’s group, that is expressed by reference to a unit of production or service that is reasonably relevant to an industry, its energy use, or both.

Example 1: GJ per tonne of product produced.

Example 2: GJ per square metre of floor space.

Example 3: Litre per kilometre travelled.

Note: It is intended that, if a particular indicator is used in providing data about baseline energy use in an assessment plan, corporations should also use the indicator when carrying out assessments and providing energy use data in reports to the Secretary. This will allow meaningful comparisons to be made between baseline indicators provided in the assessment plan and the indicators provided during later reporting milestones in the course of the assessment cycle.

key activity, in relation to a group member or members, means a function that is:

(a) related to a distinct product or service; and

(b) designated as significant by the controlling corporation.

Examples of distinct products or services that might comprise a “key activity”

1 Cement.

2 Alumina.

3 Supermarket/retail.

4 Open cut coal mining.

5 Aluminium smelting.

Key activities should be grouped at an appropriate level to allow meaningful comparison of key energy use and savings statistics. The activities will vary depending on the particular structure of the business.

liability transfer certificate has the meaning given by section 5 of the Clean Energy Act 2011.

multiple new developments or expansions means any of the following:

(a) 2 or more new developments;

(b) 2 or more expansions;

new development has the meaning given by subregulation (5).

operational control has the meaning given by regulation 1.3A.

payback period, for an opportunity, unless the contrary intention appears, is the period expressed in years, worked out in accordance with the formula:

where:

A is an amount equal to the initial capital cost of implementation; and

B is an amount equal to the net annual savings over the first 4 years after implementation, and not including any amount that is included in A.

PJ means petajoules.

project includes a set of activities.

reporting transfer certificate has the meaning given by section 7 of the National Greenhouse and Energy Reporting Act 2007.

service factor means the total operating hours of an electricity generating unit, expressed as a percentage of the total hours the electricity generating unit was available for operation.

Example of service factor:

If an electricity generating unit was available for operation for 8 760 hours in a year and operated for 672 hours, its service factor would be 7.7%.

significant opportunity, for a corporation, means a potential change or modification to equipment, or to a system or activity, that:

(a) is identified through an energy efficiency opportunities assessment; and

(b) the corporation reasonably considers could:

(i) result in a material reduction in energy use of a site or process; or

(ii) result in a material improvement in energy efficiency of a site or process; or

(iii) generate materially significant financial savings for a site or business.

site means a physical location (or a series of physical locations in close proximity to one another) on which is carried out a business activity or a number of business activities by 1 or more members of a controlling corporation’s group.

Examples of sites:

A factory, mine or mill.

whole‑of‑business evaluation of an energy productivity improvement means a financial evaluation to consider all relevant quantifiable business costs and benefits relating to the improvement, including:

(a) direct energy‑related costs and savings; and

(b) other quantifiable costs and benefits, including the following for example:

(i) a capital cost or an avoided capital investment;

(ii) the cost of maintenance, waste disposal, water usage or occupational health and safety;

(iii) a cost associated with a project delay;

(iv) a cost associated with a change in productivity, or the quality or quantity of an output;

(v) the cost of an effect on another system.

(2) In these Regulations, a new development or expansion is taken to have commenced commercial operation if:

(a) minor operational issues have been finalised; and

(b) the operation of the new development or expansion has been optimised.

Examples that may indicate that commercial operation has commenced:

1 Any plant or piece of equipment installed as part of the new development or expansion is producing a constant amount of product.

2 Any plant or piece of equipment installed as part of the new development or expansion has reached the level of production that the plant or equipment was designed to produce.

3 The board of the controlling corporation has formally agreed that the capital investment in the new development or expansion is operating as intended.

4 The board of the controlling corporation has indicated that the new development or expansion is operating as intended.

Example of optimised operation of equipment:

After a piece of equipment has first been turned on, there will be small adjustments to the equipment that need to be made to make sure that the operation of the equipment is optimised. An example of this might be if a pump is pumping water to a piece of plant to keep it cool. The plant needs to be kept below 50 ºC. The pump was designed and installed to pump 150 L/s of water, which is keeping the plant at 35 ºC. The pump could be adjusted, to pump a lesser amount than 150 L/s, which would use less energy and increase the plant temperature to 45 ºC, which would still be below the critical temperature of 50 ºC.

(3) A project is an expansion if:

(a) it relates to an existing facility; and

(b) it is expected that additional energy use will be required by the facility when the project has commenced commercial operation; and

(d) the project has been publicly announced by the controlling corporation;

but a project by a controlling corporation is not an expansion if the Secretary is satisfied that the corporation’s existing systems and processes meet the requirements in the table in item 301 of Schedule 2A.

(5) A project is a new development if:

(a) it is a project to construct a new facility or facilities; and

(b) the project is not part of standard business operations and is not covered by an approved assessment plan; and

but a project by a controlling corporation is not a new development if the Secretary is satisfied that the corporation’s existing systems and processes meet the requirements in the table in item 301 of Schedule 2A.

1.3A Operational control

(1) A person has operational control of a facility if the person has the authority to introduce and implement one or more of the following policies for the facility:

(a) operating policies;

(b) health and safety policies;

(2) If more than one person could have operational control of a facility at the same time, the person who has the greatest authority to introduce and implement operating and environmental policies is taken to have operational control of the facility.

(3) However, if the Clean Energy Regulator has made a declaration under section 55 of the National Greenhouse Energy Act 2007 that a controlling corporation has operational control of a facility, that corporation is taken to have operational control of the facility.

1.4 User of energy—general principles

(1) The entity that has operational control over a facility in which energy is consumed is the user of energy at the facility unless another user is identified in accordance with regulations 1.4A to 1.4D.

(2) If an entity:

(a) is the user of energy; and

(b) is a trustee of a trust on behalf of which the trustee may, or may be considered to be, using the energy;

the user of energy is taken to be the trustee, and not the trust or the beneficiaries of the trust.

1.4A User of energy—liability transfer or reporting transfer certificate issued

(1) An entity to which a liability transfer certificate or reporting transfer certificate has been issued may ask the Secretary, in writing, to treat the entity as the user of energy to which the liability transfer certificate or reporting transfer certificate relates at a facility.

(2) The Secretary must accept the request as soon as practicable.

(3) The entity becomes the user of the energy at the facility, in accordance with the request, when the request is accepted.

(4) If the certificate ceases to be in effect:

(a) the entity ceases to be the user of energy at that time; and

(b) the entity that has operational control over the facility becomes the user of energy.

1.4B User of energy—liability transfer or reporting transfer certificate not issued (registered corporation or member of registered corporation’s group)

(1) An entity (the second entity):

(a) that is a registered corporation or a member of a registered corporation’s group; and

(b) for which a liability transfer certificate or reporting transfer certificate has not been issued;

may ask the Secretary, in writing, to treat the second entity as the user of energy to which the request relates at the facility to which the request relates.

(2) The second entity must have financial control over the facility.

(3) The second entity must make the request as part of:

(a) the submission of an assessment plan; or

(b) the submission of a variation to an approved assessment plan.

(4) The second entity must make the request no later than 18 months before the end of the current five year assessment cycle that applies to the second entity.

Note: The five year assessment cycle is mentioned in paragraph 15(2)(b) of the Act.

(5) The request must be accompanied by a statement, in writing, that:

(a) the entity that has operational control over the facility; or

(b) if that entity is a member of a group—the controlling corporation of the group;

agrees to the request.

(6) If:

(a) the second entity complies with subregulations (1) and (2); and

(b) the request complies with subregulations (3) to (5); and

(c) the Secretary is satisfied that the second entity would be required to be registered under Part 4 of the Act if it became the user of the energy;

the Secretary must accept the request as soon as practicable.

(7) If the Secretary accepts a request in relation to a facility, the entity becomes the user of the energy to which the request relates when the request is accepted.

(8) If the entity that has operational control over the facility notifies the Secretary, in writing, that it no longer wants the second entity to be the user of energy:

(a) the second entity ceases to be the user of energy when the Secretary receives the notice; and

(b) the entity that has operational control over the facility becomes the user of energy.

(9) If the second entity notifies the Secretary, in writing, that it no longer wants to be the user of energy:

(a) the second entity ceases to be the user of energy when the Secretary receives the notice; and

(b) the entity that has operational control over the facility becomes the user of energy.

1.4C User of energy—liability transfer or reporting transfer certificate issued (not registered corporation or member of registered corporation’s group)

(1) An entity (the second entity):

(a) that is not a registered corporation or a member of a registered corporation’s group; and

(b) for which a liability transfer certificate or reporting transfer certificate has not been issued;

may ask the Secretary, in writing, to treat the second entity as the user of energy to which the request relates at the facility to which the request relates.

(2) The second entity must have financial control over the facility.

(3) The second entity must make the request as part of an application under section 9 of the Act to be registered in relation to the facility.

(4) The request must be accompanied by a statement, in writing, that:

(a) the entity that has operational control over the facility; or

(b) if that entity is a member of a group—the controlling corporation of the group;

agrees to the request.

(5) If:

(a) the second entity complies with subregulations (1) and (2); and

(b) the request complies with subregulations (3) and (4); and

(c) the Secretary is satisfied that the second entity would be required to be registered under Part 4 of the Act if it became the user of the energy;

the Secretary must accept the request as soon as practicable.

(6) If the Secretary accepts a request in relation to a facility, the entity becomes the user of the energy to which the request relates when the request is accepted.

(7) If the entity that has operational control over the facility notifies the Secretary, in writing, that it no longer wants the second entity to be the user of energy:

(a) the second entity ceases to be the user of energy when the Secretary receives the notice; and

(b) the entity that has operational control over the facility becomes the user of energy.

(8) If the second entity notifies the Secretary, in writing, that it no longer wants to be the user of energy:

(a) the second entity ceases to be the user of energy when the Secretary receives the notice; and

(b) the entity that has operational control over the facility becomes the user of energy.

1.4D User of energy—future energy (new developments and expansions)

(1) Despite regulation 1.4, if a project is a new development, or an expansion, at which energy is to be consumed, each entity that owns the new development or the expansion is a user of the future energy.

(2) An entity (the second entity) that:

(a) has the greatest influence over design decisions which affect future energy; and

(b) is not the user of the future energy;

may ask the Secretary, in writing, to treat the second entity as the user of future energy to which the request relates at the facility to which the request relates.

(3) The request must be accompanied by a statement, in writing, that the entity that is currently the user of future energy agrees to the request.

(4) If:

(a) the request is made by an entity that complies with paragraphs (2)(a) and (b); and

(b) the request complies with subregulation (3); and

(c) the Secretary is satisfied that the second entity would be required to be registered under Part 4 of the Act if it became the user of the future energy;

the Secretary must accept the request as soon as practicable.

(5) If the Secretary accepts a request, the second entity becomes the user of the future energy to which the request relates when the request is accepted.

(6) If the entity that would be the user of the future energy in accordance with subregulation (1) notifies the Secretary, in writing, that it no longer wants the second entity to be the user of the future energy:

(a) the second entity ceases to be the user of the future energy when the Secretary receives the notice; and

(b) the entity that notified the Secretary becomes the user of the future energy.

(7) If the second entity notifies the Secretary, in writing, that it no longer wants to be the user of the future energy:

(a) the second entity ceases to be the user of the future energy when the Secretary receives the notice; and

(b) the entity that would be the user of the future energy in accordance with subregulation (1) becomes the user of the future energy.

1.5 Energy use threshold—meaning of energy used

(1) For subsection 10(3) of the Act, this regulation explains the meaning of the energy used by an entity.

General meaning

(2) The energy used by an entity is worked out by:

(a) identifying the amount of all energy used by the entity; and

(b) then adding the amount of estimated future energy use by new developments or expansions mentioned in subregulations 5.3A(2) and (4); and

Kinds of energy

(3) The meaning of energy used by an entity is to be determined by reference to energy and energy sources mentioned in Schedule 1 of the National Greenhouse and Energy Reporting Regulations 2008.

Note: Schedule 1 of the National Greenhouse and Energy Reporting Regulations 2008 specifies fuels and other energy commodities for the purposes of the definition of energy in section 7 of the National Greenhouse and Energy Reporting Act 2007.

Reduction of total of all energy

(4) For subregulations (2) and (3), the total of all energy used by the entity, mentioned in subregulation (2), does not include:

(a) the use of energy or energy sources described in Part 2 of Schedule 1; and

(b) energy sources, to the extent that the sources were used to produce energy used by the entity.

Note: Paragraph (b) is intended to prevent “double counting”: where an entity uses an energy source to create energy that the entity then uses, it is only the latter use of energy that counts.

Conversion factors

(5) If an energy source is to be converted to an amount of energy, the conversion is to be done using the energy content factors mentioned in the National Greenhouse and Energy Reporting (Measurement) Determination 2008.

Note: These conversion factors are included in order to set out a method for measuring the energy use of an entity where the only available measure of the entity’s energy consumption is by reference to the energy source they have acquired.

(6) If, in a particular case, an entity responsible for making a report under Part 7 of the Act is aware that another conversion method would provide more accurate information, the entity may use that conversion method in that case only if the entity states:

(a) in a public report mentioned in section 22, 22A or 22B of the Act—whether the conversion factors used were factors:

(i) mentioned in subregulation (5); or

(ii) accepted by industry; or

(iii) a combination of factors mentioned in subparagraphs (i) and (ii); and

(b) in a report to the Secretary mentioned in Division 2 of Part 7:

(i) a statement that complies with paragraph (a); and

(ii) the factors actually used.

(7) If, in a particular case, an entity responsible for making a report under Part 7 of the Act is aware that the use of energy by the entity would be more accurately described by an alternative method, the entity may use that method to describe its use of energy only if:

(a) the entity states the detail of the alternative method in:

(i) a public report mentioned in section 22, 22A or 22B of the Act; and

(ii) in a report to the Secretary mentioned in section 23 of the Act; and

(b) the Secretary approves the method in writing.

(8) An approval by the Secretary mentioned in paragraph (7)(b) may be included in the Secretary’s approval of:

(a) an assessment plan; or

(b) a variation to an assessment plan.

1.5A Energy use threshold—energy used for supporting services or supporting infrastructure for new developments and expansions

(1) This regulation applies if:

(a) a project is a new development or an expansion at which energy is to be consumed; and

(b) the design of the project involves the provision of a service, site, or supporting infrastructure that is not under the control of the registered corporation.

(2) The registered corporation is not required to:

(a) treat the energy to be used in relation to the service, site, or supporting infrastructure as energy used; and

(b) include that energy as part of its baseline energy.

1.6 Energy use—accuracy, calculation requirements and changed group members

Accuracy of calculations

(1) Subject to subregulation (1A), the entity responsible for making the relevant report or meeting the relevant requirement must apply the principles in the table, relating to the accuracy of its calculations, when working out the calculation.

Item	For the purpose of …	that shows data about ...	the calculations …
1	preparing an assessment plan to be given to the Secretary under Part 5 of the Act	estimations of energy use	(a) should achieve the best available level of accuracy, ideally to within ±10%; and (b) must show the margin of error used in the calculations
2	meeting a requirement of the Assessment Framework	energy use	must achieve a level of accuracy to within ±5%, unless another level of accuracy has been approved in the group’s assessment plan
3	meeting a requirement of the Assessment Framework	(a) financial costs and financial benefits of opportunities; and (b) energy savings of opportunities	must achieve a level of accuracy to within ±30%
4	preparing a public report, or a report to the Secretary under Part 7 of the Act	energy use of assessed parts of the group	must achieve a level of accuracy to within ±5%, unless another level of accuracy has been approved in the group’s assessment plan
Note: If another level has been approved, the actual level achieved must be stated.
5	preparing a public report, or a report to the Secretary under Part 7 of the Act	(a) financial costs and financial benefits of opportunities; and (b) energy savings of opportunities	(a) must show the level of accuracy to which the data, or each range of data, has been calculated; and (b) must show the level at the level of aggregation required for the report

When entity is taken to have satisfied calculation requirements

(1A) If the data mentioned in items 1, 2 and 4 of the table in subregulation (1) satisfies the methods and criteria for the measurement of the consumption of energy provided in the National Greenhouse and Energy Reporting (Measurement) Determination 2008, the entity responsible for the preparation of that data is taken to have satisfied the calculation requirements in the fourth column of the table.

Energy use for a changed group—reporting period

(2) If the members of a group change during a reporting period, the energy used by the group is taken to be the total of all energy used by the members of the group that are members on the last day of the reporting period.

Note: A group may voluntarily report on energy used by members who have left the group, as long as the report complies with this subregulation by identifying the energy used by those who are group members on the last day of the reporting period.

1.7 Controlling corporation to ensure regulations are fulfilled

If, under these Regulations, an obligation is imposed on a controlling corporation by reference to a person, entity, group or part of a group:

(a) the person, entity, group or part of the group must fulfil the obligation; and

(b) if the obligation is not fulfilled—the controlling corporation is responsible.

1.8 Forms

(1) The Secretary may approve forms for these Regulations.

(2) If the Secretary approves a form for a particular purpose, then subject to these Regulations, the approved form must be used for the purpose.

(3) The Secretary must ensure that approved forms are publicly available.

Part 2—Definitions relating to groups

2.1 Controlling corporation—general

(1) For paragraph 7(2)(b) of the Act, the class of corporations mentioned in this regulation is specified.

Note: Subsection 7(2) of the Act identifies corporations that are not to be treated as controlling corporations for the purposes of the Act. The corporation must be in a class of corporations specified in the regulations.

(2) The class is each corporation:

(a) whose main business is:

(i) the transmission of either or both of natural gas and electricity; or

(ii) the distribution of either or both of natural gas and electricity; or

(iii) the transmission and distribution of either or both of natural gas and electricity; and

(b) for which the total energy used in its activities (other than the transmission and distribution of natural gas and electricity) does not exceed 0.5 PJ in a year; and

(c) for which each of its subsidiaries, and joint ventures and partnerships for which it is the responsible entity, satisfies the requirements mentioned in paragraphs (a) and (b).

2.2 Group and members of a group—general

(1) For paragraph 8(4)(b) of the Act, the class of corporations mentioned in this regulation is specified.

Note: Subsection 8(4) of the Act identifies subsidiaries of controlling corporations that are not to be treated as part of a group for the purposes of the Act. The subsidiary must be in a class of entities specified in the regulations.

(2) The class is each corporation:

(a) that is a subsidiary of a controlling corporation; and

(b) whose main business is:

(i) the transmission of either or both of natural gas and electricity; or

(ii) the distribution of either or both of natural gas and electricity; or

(iii) the transmission and distribution of either or both of natural gas and electricity; and

(c) for which the total energy used in its activities (other than the transmission and distribution of natural gas and electricity) does not exceed 0.5 PJ in a year; and

(d) for which each of its subsidiaries, and joint ventures and partnerships for which it is the responsible entity, satisfies the requirements mentioned in paragraphs (b) and (c).

(3) This regulation ceases to have effect at the end of 30 June 2013.

2.3 Responsible entity—rules for making a nomination

(1) For subsection 8(7) of the Act, this regulation sets out rules under which:

(a) participants in a joint venture may make a nomination of a member of a group as the responsible entity for the joint venture for subsection 8(5) of the Act; and

(b) partners in a partnership may make a nomination of a member of a group as the responsible entity for the partnership for subsection 8(6) of the Act.

(2) The nomination must:

(a) be in writing; and

(b) be signed for the member of the group (the nominee) that is being nominated as the responsible entity for the joint venture or partnership; and

(c) include a statement to the effect that the nominee is being nominated as the responsible entity for the joint venture or partnership for the purposes of the Act; and

(d) include a statement to the effect that all of the other participants or partners have been informed of the nomination; and

(e) state:

(i) the nominee’s full name, address and Australian Business Number; and

(ii) the name and either the address or Australian Business Number of each participant or partner; and

(iii) the full name, address and Australian Business Number of the joint venture or partnership; and

(f) include a declaration by an employee signing for the nominee that the information included in the nomination is, to the best of the officer’s knowledge, correct and in accordance with the requirements of the Act and these Regulations.

Note: For a joint venture to which the National Greenhouse and Energy Reporting Regulations 2008 applies, it is recommended that a person nominated as a responsible entity under this regulation be the same person nominated under regulation 2.08 of the National Greenhouse and Energy Reporting Regulations 2008 for the joint venture.

2.4 Group and members of a group—revocation of nomination by responsible entity

(1) The nomination of a member of a group as:

(a) the responsible entity for a joint venture for subsection 8(5) of the Act; or

(b) the responsible entity for a partnership for subsection 8(6) of the Act;

may be revoked only in accordance with this regulation.

(2) The responsible entity must give a notice (a notice of intention) to each participant in the joint venture, or to each partner, stating that the responsible entity:

(a) intends to revoke its nomination as a responsible entity for the joint venture or partnership; and

(b) will give the Secretary a notice, revoking its nomination as responsible entity, at least 28 days after the notice of intention has been given to each of the participants or partners.

(3) If the responsible entity wishes to seek the revocation of its nomination as the responsible entity after giving the notice of intention to each of the participants or partners, the responsible entity must give a notice to the Secretary, at least 28 days after the notice of intention has been given to each of the participants or partners, stating that the responsible entity:

(a) has complied with subregulation (2); and

(b) does not propose to withdraw the notice of intention; and

(4) If the responsible entity:

(a) does not comply with subregulation (2) when giving a notice to each of the participants or partners; or

(b) does not comply with subregulation (3) when giving a notice to the Secretary;

the notice is taken to have no effect.

Note: The requirement to give a notice of intention, followed by a 28 day period, before a notice of revocation may be given to the Secretary is intended to allow participants or partners time to resolve any issues between them and the responsible entity (including a resolution through proceedings for injunctions to prevent the filing of a notice of revocation) and time to organise a replacement responsible entity.

2.5 Group and members of a group—revocation of nomination otherwise than by responsible entity

(1) For subsection 8(7) of the Act, this regulation sets out rules under which:

(a) participants in a joint venture may revoke the nomination of a member of a group as the responsible entity for the joint venture for subsection 8(5) of the Act; and

(b) partners in a partnership may revoke the nomination of a member of a group as the responsible entity for the partnership for subsection 8(6) of the Act; and

(d) nominations are automatically revoked.

Revocation (automatic)

(2) The nomination is taken to be revoked on the day on which any of the following happens:

(a) the responsible entity ceases to be a participant in the joint venture or a partner of the partnership;

(b) a liquidator is appointed to the responsible entity;

(c) if the responsible entity is incorporated under the Corporations Act 2001—the responsible entity is deregistered in accordance with that Act;

(d) if the responsible entity is a body corporate established otherwise than under the Corporations Act 2001—the responsible entity ceases to be a body corporate entitled to conduct its affairs.

Revocation with replacement entity—participants

(3) If a participant (the new entity):

(a) is not the responsible entity; and

(b) gives the Secretary:

(i) a nomination of the participant that complies with regulation 2.3; and

(ii) evidence of the consent of the current responsible entity to its replacement by the new entity;

the nomination of the current responsible entity is taken to be revoked on the later of the day on which the Secretary receives the nomination and the evidence and the day (if any) on which the nomination of the new entity is expressed to take effect.

Revocation with replacement entity—partners

(4) If a partner (the new entity):

(a) is not the responsible entity; and

(b) gives the Secretary:

(i) a nomination of the partner that complies with regulation 2.3; and

(ii) evidence of the consent of the current responsible entity to its replacement by the new entity;

Revocation (no replacement entity)

(5) If:

(a) all of the participants or partners (other than the participant or partner that is the responsible entity) decide in writing to revoke the nomination of a participant or partner as the responsible entity; and

(b) the joint venture or partnership gives the Secretary:

(i) notice of the decision that complies with subregulation (6); and

(ii) evidence of the decision;

the nomination of the responsible entity is taken to be revoked on the later of the day on which the Secretary receives the notice and the evidence and the day (if any) on which the revocation is expressed to take effect.

(6) For subparagraph (5)(b)(i):

(a) a notice must:

(i) be signed by or for all of the participants or partners; and

(ii) state that it has been signed by or for each of the persons that were participants or partners at the date on which the notice is signed; and

(b) the date on which the notice was signed must be not more than 28 days before the day on which the notice is given to the Secretary.

Note: If the nomination of a participant or partner is revoked, and there is no nomination of a replacement responsible entity, the revocation will impose obligations under the Act on each of the participants or partners.

Part 3—Corporations required to register

3.1 Obligation to apply to register—content of application

(1) For paragraph 9(5)(b) of the Act, an application for registration must include the information set out in Schedule 2.

(2) If the applicant for registration proposes to define its energy use in accordance with a liability transfer certificate or reporting transfer certificate that has been issued to the applicant, the application must also include the following information and documents:

(a) a certified copy of the certificate;

(b) evidence that the controlling corporation that is to transfer the obligation to assess and report the energy use of the group or part of the group to which the certificate relates has agreed to the transfer;

(c) evidence that the controlling corporation that is assuming the obligation to assess and report the energy use of the group or part of the group to which the certificate relates has agreed to the transfer.

3.2 Obligation to apply to register—form of application

(1) An application for registration must be:

(a) in writing as hard copy; or

(b) in electronic form.

(2) An application in hard copy must be:

(a) signed by:

(i) the chair of the board of directors; or

(ii) the chief executive officer; or

(iii) the managing director or an equivalent officer of the controlling corporation; or

(iv) an authorised representative of a person mentioned in subparagraph (i), (ii) or (iii); and

(b) given to the Secretary by sending it to the address nominated in writing by the Secretary.

Note: The address will be listed on the Department’s website.

(3) An application in electronic form must be given to the Secretary in a format approved by the Secretary and notified in the Gazette.

3.3 Exemption from registration on application by corporation—content of application

For paragraph 11(4)(a) of the Act, an application for an exemption from the requirement to be registered under Part 4 of the Act must:

(a) be signed by the chair of the board of directors, the chief executive officer, the managing director or an equivalent officer of the controlling corporation, or his or her authorised representative; and

(b) include a statement that the total of all energy used by the controlling corporation’s group in the financial year after the trigger year is unlikely to exceed 0.5 PJ; and

(d) include a declaration by an employee signing for the controlling corporation that the information included in the application is, to the best of the officer’s knowledge, correct and in accordance with the requirements of the Act and these Regulations.

Examples of information for paragraph (c):

1 Evidence of the group’s energy use for the trigger year and the preceding 2 years.

2 Information that defines the group for the relevant period.

3 Other information that explains why the controlling corporation believes that its energy use in the year following the trigger year will not reach the 0.5 PJ threshold.

The evidence may include detailed explanations of circumstances such as a changed corporate group structure, commercial changes such as the cessation of a contract, or a change in production capacity due to plant closures.

3.4 Exemption from registration on application by corporation—form of application

(1) For paragraph 11(4)(b) of the Act, an application for an exemption from the requirement to be registered under Part 4 of the Act must be:

(a) in writing as hard copy; or

(b) in electronic form.

(2) An application in hard copy must be:

(a) in a format that the Secretary notifies in the Gazette; and

(b) signed by:

(i) the chair of the board of directors; or

(ii) the chief executive officer; or

(iii) the managing director or an equivalent officer of the controlling corporation; or

(iv) an authorised representative of a person mentioned in subparagraph (i), (ii) or (iii); and

Note: The address will be listed on the Department’s website.

(3) An application in electronic form must be given to the Secretary in a format approved by the Secretary and notified in the Gazette.

Part 4—Registration

4.1 The Register—matters to be entered on Register

(1) For paragraph 12(4)(b) of the Act, the following matters are specified:

(a) details of the controlling corporation, including:

(i) its name; and

(ii) its trading name (if any); and

(iii) its Australian Business Number (ABN); and

(iv) the address of its head office;

(b) for each affected group member:

(i) its name; and

(ii) its trading name (if any); and

(iii) if the member has an Australian Business Number (ABN)—its ABN; and

(iv) if the member does not have an ABN—the address of its head office;

described either for each group member or grouped by kinds of activity;

(d) information about the controlling corporation’s compliance with the Act, including information about:

(i) whether it has lodged an assessment plan; and

(ii) whether it has completed assessments of all or part of the group; and

(iii) whether it has published a report to the public about its compliance; and

(iv) whether it has provided a report to the Secretary about its compliance;

Note: Energy use information may be published only:

(a) if:

(i) individual groups or entities are not identified or identifiable; and

(ii) it is not information that is provided in the course of registration; or

(b) if the controlling corporation or the person providing the information has given consent to the publication.

(2) If any of the matters mentioned in subregulation (1) changes in a financial year:

(a) the controlling corporation must tell the Secretary of the change as soon as practicable, but not later than 3 months after the end of the financial year; and

(b) the changed matter is specified for paragraph 12(4)(b) of the Act.

(3) In this regulation:

affected group member means a member of the group that the controlling corporation reasonably considers likely to be assessed under these Regulations.

4.2 Corporation may apply for deregistration—content of application

(1) For paragraph 14(2)(a) of the Act, an application to be deregistered must:

(b) include a statement that the total of all energy used by the registered corporation’s group in:

(i) the first financial year to which the application relates; and

(ii) the 2 subsequent financial years;

is unlikely to exceed 0.5 PJ; and

(d) include a declaration by the officer mentioned in paragraph (a) that the information included in the application is, to the best of the officer’s knowledge, correct and in accordance with the requirements of the Act and these Regulations.

Examples of information for paragraph (c):

1 Information relating to the group’s energy use for the preceding 3 years.

2 Information that identifies the group for the period to which the application relates.

3 Other information that explains why the registered corporation believes that its energy use in the 2 years following the current financial year will not reach the 0.5 PJ threshold.

The information may contain detailed explanations of circumstances such as a changed corporate group structure, commercial changes such as the cessation of a contract, or a change in production capacity due to plant closures.

(2) If the applicant for deregistration proposes to define its energy use in accordance with a liability transfer certificate or reporting transfer certificate that has been issued to the applicant, the application must also include the following information and documents:

(a) a certified copy of the certificate;

(d) a statement from each of those controlling corporations that the agreement to transfer the obligation to assess and report the energy use will remain in effect until either of the controlling corporations applies to the Secretary to terminate the agreement.

4.3 Corporation may apply for deregistration—form of application

(1) For paragraph 14(2)(b) of the Act, an application to be deregistered must be:

(a) in writing as hard copy; or

(b) in electronic form.

(2) An application in hard copy must be:

(a) in a format that the Secretary notifies in the Gazette; and

(b) given to the Secretary by sending it to the address nominated in writing by the Secretary.

Note: The address will be listed on the Department’s website.

(3) An application in electronic form must be given to the Secretary in a format approved by the Secretary and notified in the Gazette.

Part 5—Assessment plan

5.1 Requirements for an assessment plan—form of plan

(1) For subsection 18(3) of the Act, an assessment plan must be set out as:

(a) a single plan addressing the whole of the controlling corporation’s group; or

(b) separate plans addressing specified parts of the controlling corporation’s group.

(2) A controlling corporation may authorise a member or members of its group to prepare and submit a plan that relates to part of the group, as agent of the controlling corporation.

(3) For subsection 18(3) of the Act, a plan must be:

(a) in writing as hard copy; or

(b) in electronic form.

(4) A plan in hard copy must be given to the Secretary by sending it to the address nominated in writing by the Secretary.

Note: The address will be listed on the Department’s website.

(5) An assessment plan in electronic form must be given to the Secretary in a format approved by the Secretary and notified in the Gazette.

(6) If a separate assessment plan mentioned in paragraph (1)(b) is to be prepared by a member of the controlling corporation’s group on behalf of the controlling corporation:

(a) the separate assessment plan is taken to have been prepared by the member of the group, as the agent of the controlling corporation; and

(b) the controlling corporation remains responsible for preparing the assessment plan; and

(c) the controlling corporation is taken not to have given the Secretary an assessment plan in compliance with subsection 15(1) of the Act until the Secretary has been given all of the separate plans that address the whole of the controlling corporation’s group.

5.2 Requirements for an assessment plan—information in plan

(1) For paragraph 18(8)(b) of the Act, this regulation contains the information that is required to be set out in an assessment plan of a controlling corporation.

(2) The information is:

(a) to the extent that the assessment plan relates to a new development or an expansion—the information in Schedule 2A; or

(b) to the extent that the assessment plan relates to an existing facility—the information in Schedule 3.

(3) However, if a new development or expansion is likely to affect energy use in relation to an existing facility (an affected facility):

(a) the controlling corporation may choose to prepare the assessment plan as if the affected facility were part of the new development or expansion; and

(b) if the controlling corporation does so:

(i) the assessment plan must state that the controlling corporation has chosen to prepare the plan as if the affected facility were part of the new development or expansion; and

(ii) the information required to be set out in the assessment plan for the new development or expansion, and the affected facility, is the information in Schedule 2A.

(4) The information must relate to:

(a) the controlling corporation’s group as a whole; or

(b) if the controlling corporation has authorised members of the group to submit parts of the plan—all of the group, when the parts are combined.

5.3 Identifying parts of a group that must be planned to be assessed

(1) This regulation sets out principles relating to:

(a) how an assessment plan is to provide for the assessment of the baseline energy of the parts of the controlling corporation’s group to which the plan applies; or

(b) if there are parts of an assessment plan—how each part is to provide for the assessment of the baseline energy of the parts of the controlling corporation’s group to which the part applies.

(2) For the first assessment cycle:

(a) the assessment plan must include a plan to assess at least 80% of the baseline energy of the controlling corporation’s group; or

(b) each part of the assessment plan must include a plan to assess at least 80% of the baseline energy of the parts of the controlling corporation’s group to which the part applies.

(3) For each assessment cycle after the first assessment cycle:

(a) the assessment plan must include a plan to assess at least 90% of the baseline energy of the controlling corporation’s group; or

(b) each part of the assessment plan must include a plan to assess at least 90% of the baseline energy of the parts of the controlling corporation’s group to which the part applies.

(4) If energy use exceeded 0.5 PJ at a site during the baseline year:

(a) the controlling corporation’s group must assess the site; and

(b) subregulation (5) or (7) applies.

(4A) In addition to subregulation (4), if:

(a) a member of the controlling corporation’s group acquires a site within 18 months before the end of the relevant assessment cycle; and

(b) the site uses more than 0.5 PJ during a financial year after the acquisition;

the controlling corporation’s group must assess the site and subregulation (5) or (7) applies.

(5) If the controlling corporation does not act under subregulation (7), it may omit from the assessment of the site a maximum of 0.01 PJ of energy (non‑integral energy) used at the site for the purposes of a process, system or activity that is not part of, or integral to, the main energy‑using activity or activities conducted at the site.

Examples of processes, systems and activities that are not part of, or integral to, the main business activity or activities that are conducted at a site:

1 The operation of lights, information and communication technology or heating, ventilation and air conditioning systems in an on‑site office of a mining or manufacturing site.

2 The operation of an on‑site kitchen or bathroom.

3 The operation of an appliance in an on‑site kitchen or bathroom.

(6) Subregulation (7) applies if the controlling corporation reasonably believes that the estimated cost of assessing the amount of non‑integral energy for its processes, systems and activities is likely to be greater than the savings that would be derived from opportunities for improving energy efficiency that would be identified in the assessment in relation to the use of that energy.

(7) For subregulation (6), the controlling corporation:

(a) does not have to consider that use of energy in the assessment of the site; and

(b) may omit from the assessment of the site the lowest of:

(i) the amount of non‑integral energy used at the site during the period mentioned in item 202 of Schedule 3; and

(ii) 2% of the amount of energy used at the site during the period mentioned in item 202 of Schedule 3; and

(iii) 0.1 PJ of energy; and

(i) a statement the controlling corporation reasonably believes that the estimated cost of assessing the amount of non‑integral energy is likely to be greater than the savings that would be derived from opportunities for improving energy efficiency that would be identified in the assessment in relation to the use of that energy; and

(ii) information explaining how it formed the belief.

Note: Comparing amounts of energy in accordance with paragraph (b) to work out the lowest amount ensures that all of the energy that may be omitted from an assessment will be non‑integral energy.

(8) Subject to subregulation (8A), the controlling corporation may omit from an assessment plan any electricity generating unit that:

(a) consumed less than 0.5 PJ during the baseline year; and

(b) has a capacity factor that is less than 10% for a year; and

(8A) Subregulation (8) does not apply if the total energy that would be omitted under that subregulation in relation to electricity generating units is more than 50% of the total energy use for the controlling corporation for the baseline year.

5.3A Assessments for new developments and expansions

(1) This regulation sets out principles relating to assessment plans for new developments and expansions.

Sites that use 0.5 PJ or more

(2) If the future energy use of a new development or expansion will be 0.5 PJ or more, the controlling corporation must prepare an assessment plan that includes a plan to assess the future energy use of the new development or expansion.

(3) Subregulation (2) ceases to apply to a new development or expansion if:

(a) the new development or expansion is discontinued; or

(b) the controlling corporation determines that the future energy use of the new development or expansion will not be 0.5 PJ or more.

Note: For this regulation, discontinued includes any new development or expansion that is no longer being actively progressed. This includes projects that are on hold.

Multiple new developments and expansions with future energy use of 0.25 PJ or more, but less than 0.5 PJ etc.

(4) A controlling corporation must prepare an assessment plan that includes a plan to assess the future energy use of multiple new developments or expansions:

(a) if:

(i) the plan refers to a new development or expansion (the first new development or expansion) whose design is not substantially the same as the design for previous new developments or expansions undertaken by the controlling corporation; and

(ii) the controlling corporation expects the design for one or more other new developments or expansions to be substantially the same as the design for the first new development or expansion; and

(iii) the future energy use of each new development or expansion will be 0.1 PJ or more, but less than 0.5 PJ; and

(iv) the total future energy use of the multiple new developments or expansions will be 0.5 PJ or more; or

Note: The design of the first new development or expansion would be one that the controlling corporation:

(a) has not previously used; and

(b) proposes to use as a model or template for future new developments or expansions.

A design for a future new development or expansion is likely to be treated as ‘substantially the same as’ the design for the first new development or expansion if the difference in the design of the first new development or expansion and the future new development or expansion is less than 5%, measured by the cost of the changes to the design of the first new development or expansion.

(b) if:

(i) paragraph (a) does not apply; and

(ii) the future energy use of each new development or expansion will be 0.25 PJ or more but less than 0.5 PJ; and

(iii) the total future energy use of the multiple new developments or expansions will be 0.5 PJ or more.

(5) Subregulation (4) ceases to apply to multiple new developments or expansions if:

(a) one or more of the new developments or expansions is discontinued; and

(b) the controlling corporation determines that the total future energy use of the remaining multiple new developments or expansions will be less than 0.5 PJ.

Note: For this regulation, discontinued includes any new development or expansion that is no longer being actively progressed. This includes projects that are on hold. Discontinued does not mean completed. It is intended that if a new development or expansion is completed, a controlling corporation would continue to assess any remaining new developments or expansions that constitute the multiple new developments or expansions, even if the sum of the remaining new developments or expansions would be less than 0.5 PJ.

(6) Subregulation (4) ceases to apply to multiple new developments or expansions if the controlling corporation determines that:

(a) the future energy use of one or more of the new developments or expansions will be less than the future energy use that was estimated; and

Part 4—Reporting

401 A statement indicating when a new development or an expansion will be considered to have reached commercial operation, which will initiate the provision of a report to the Secretary and a public report.

402 (1) Either:

(a) the leading indicators to be used as part of the new development or the expansion; or

(b) an explanation of how leading indicators will be chosen for the new development or the expansion.

(2) A leading indicator is an indicator of:

(a) a system; or

(b) people; or

that measures the potential success of a project in relation to energy productivity. The indicator can be used to measure success throughout the design.

403 If a lagging indicator has been used, details of the lagging indicator.

Example: Each of the following is a lagging indicator:

(a) New Present Value (NPV);

(b) Future Worth (FW);

404 Any alternative reporting method or methods that is allowed under subregulation 7.2(3) or regulation 7.6A and that has been used.

Schedule 3—Content of assessment plan (no new development or expansion)

Note: See paragraph 5.2(3)(a).

Part 1—Corporate structure

101 The baseline year.

102 For the controlling corporation:

(a) its name; and

(b) its trading name (if any); and

(d) the address of its head office; and

(e) the name of a contact person for the controlling corporation; and

(f) the contact person’s full name, position, telephone number, email address and postal address; and

(g) if a Global Industry Classification Standard is applicable to the controlling corporation—the classification of the controlling corporation under the Standard; and

(h) if an Australian and New Zealand Standard Industrial Classification is applicable to the controlling corporation—the classification.

103 (1) For each group member, key activity, business unit or site to be assessed under the assessment plan:

(a) its name; and

(b) its relationship to the controlling corporation; and

(c) its Australian Business Number (ABN), except if information is to be identified for the key activities subset mentioned in paragraph (2)(b); and

(d) if the group member does not have an ABN, and information is not to be identified for the key activities subset mentioned in paragraph (2)(b)—the address of its head office; and

(e) if a Global Industry Classification Standard is applicable—the classification under the Standard; and

(f) if an Australian and New Zealand Standard Industrial Classification is applicable—the classification.

(2) The information in subitem (1) must be identified for one of the following:

(a) all members of the group;

(b) all key activities;

(d) all sites.

104 A declaration by the employee signing for the controlling corporation or group member that the information included in the plan is, to the best of the officer’s knowledge, correct and in accordance with the Act and these Regulations.

105If a plan is submitted as a separate assessment plan mentioned in paragraph 5.1(1)(b):

(a) the part of the controlling corporation’s group authorised to submit the plan does not need to provide the information in item 102, but must provide the information in item 103 and also provide contact details for the part of the group; and

(b) the controlling corporation must include the information in item 102 for the assessment plan (if any) that it submits.

107 (1) A diagrammatic representation of the structure of the controlling corporation’s group:

(a) showing the links between the controlling corporation and members of the group, key activities, business units or sites that are intended to be assessed; and

(b) identifying any group member that is to submit separate assessment plans; and

(c) providing for a brief summary of each group member, key activity, business unit or site that is not intended to be assessed.

(2) The information in subitem (1) must be identified for the group, and for one of the following:

(a) all members of the group;

(b) all key activities;

(d) all sites.

108 If a nomination of a responsible entity was made under regulation 2.3 for a joint venture or partnership in which the controlling corporation or a group member had an interest—a statement of the outcome of the nomination process.

Note: If a group member within the group, other than the controlling corporation, completes an individual assessment plan in relation to energy use within its control, that assessment plan will be taken to form part of the group’s assessment plan.

Part 2—Current energy use and savings data

201 (1) A summary of:

(a) total energy use; and

(b) total energy use, having regard to the kinds of energy and energy sources mentioned in subregulation 1.5(3); and

202 (1) The assessment plan must state the accuracy of the energy use data.

(2) The data about energy use that is to be provided for item 201 must relate to a period of 12 months chosen by the controlling corporation, and identified in its assessment plan, as the baseline year for the assessment cycle.

(3) The period chosen by the controlling corporation must occur within the period:

(a) commencing 24 months before the commencement of the assessment cycle; and

(b) ending 12 months after the commencement of the assessment cycle.

(4) The period chosen by the controlling corporation must also be a period:

(a) that is reasonably representative of the normal annual energy use of the controlling corporation’s group; and

(b) that has ended before the time when the controlling corporation submits its assessment plan; and

(c) for which energy use data is able to be identified and supplied by the controlling corporation at an appropriate level of disaggregation to allow meaningful comparison of key energy use and energy efficiency statistics.

(5) However, if the controlling corporation believes that there is no period of 12 months available in accordance with subitems (2) to (4) that would be reasonably representative of the normal annual energy use of the controlling corporation’s group:

(a) the energy use data provided for the first assessment cycle must relate to a period:

(i) commencing 36 months before the commencement of the assessment cycle; and

(ii) ending 12 months after the commencement of the assessment cycle; and

(b) the controlling corporation must include in its assessment plan:

(i) an explanation of why it is appropriate for that period to be the corporation’s baseline year; and

(ii) any other information that would explain why that period is reasonably representative of the normal annual energy use of the controlling corporation’s group.

203 (1) For each assessment cycle, the total of all energy efficiency opportunities that:

(a) were identified before the preparation of the assessment plan; and

(b) have not been implemented; and

(2) The information in subitem (1) must be identified:

(a) for the group; and

(b) for one of the following:

(i) all members of the group;

(ii) all key activities;

(iii) all business units;

(iv) all sites.

204 (1) For the energy efficiency opportunities mentioned in subitem 203(1):

(a) an estimate of the per annum net energy savings and per annum net financial savings based on energy use and production levels in the year before the commencement of the assessment cycle; and

(b) an estimate of the per annum net energy savings and per annum net financial savings based on forecast production levels in the final year of the first five‑year assessment cycle.

(2) The information in subitem (1) must be identified:

(a) for the group; and

(b) for one of the following:

(i) all members of the group;

(ii) all key activities;

(iii) all business units;

(iv) all sites.

Part 3—Assessment schedule

303 A statement of when each corporation, joint venture or partnership intends to undertake the assessment or assessments for which it is responsible.

Note: Regulation 5.6 provides that a controlling corporation must include in its assessment plan a proposal for assessing the opportunities for improving the energy efficiency of a controlling corporation’s group. The proposal must include a timeframe for the assessment of opportunities that requires the completion of at least one of the activities mentioned in the regulation before the end of the first 2 years of the assessment cycle.

304 A statement:

(a) stating whether the controlling corporation proposes, for sites, technologies or processes for which the annual use of energy is less than 0.5 PJ, to undertake assessments that can be shown to be reasonably representative of other sites, technologies and processes; and

(b) if the controlling corporation intends to undertake a representative assessment:

(i) the entities or sites for which the representative assessment will be conducted; and

(ii) information showing that the manner of undertaking a representative assessment will not diminish the accuracy and comprehensiveness of the assessment.

Example 1: Assessing a sample of retail outlets that is representative of a larger population of outlets.

Example 2: Assessing a sample of vehicles that is representative of a larger fleet of vehicles.

Example 3: Assessing a machine or technology that is used in an identical fashion at other sites or within a site.

Example 4: Assessing a commercial building that is representative of a population of commercial buildings.

305 A summary:

(a) stating how the controlling corporation intends to undertake assessments in order to meet the requirements of the Assessment Framework in the table in this item, including an explanation of what actions the corporation intends to take to meet those requirements; and

(ab) if the actions that the corporation intends to take to meet a particular requirement of the Assessment Framework do not include the actions (the specified actions) specified for that requirement:

(i) a statement to that effect; and

(ii) an explanation of why it is not appropriate or reasonable for the group, or a part of the group, to take the specified actions to meet the requirement; and

(iii) an explanation of how the actions that the corporation intends to take will meet the requirement; and

(b) stating:

(i) that the controlling corporation believes that it is likely to be able to measure its energy use, for the purpose of meeting the requirements of the Assessment Framework, at a level of accuracy to within ±5%; or

(ii) that the controlling corporation believes that it would be unreasonable for it to measure its energy use, for the purpose of meeting the requirements of the Assessment Framework, at a level of accuracy to within ±5%; and

(i) evidence explaining why it would be unreasonable to require a greater level of accuracy; and

(ii) a proposed level of accuracy; and

(d) stating how the controlling corporation intends to use existing energy assessment practices; and

(e) stating what additional activities the controlling corporation intends to undertake, in addition to its existing practices.

Assessment Framework
Requirement 1—Leadership Senior management, through visible leadership and commitment, provides clear direction and purpose to the assessment by: (a) setting and communicating energy performance objectives; and (b) ensuring that assessment objectives are aligned with business priorities. Senior management supports, motivates and values the efforts of staff and other stakeholders involved in the identification and implementation of energy efficiency opportunities.
Actions
1.1	Senior management establishes and communicates energy assessment and energy performance objectives to all personnel who are responsible for, or have an influence on, energy use and the energy assessment.
1.2	Resources (people, time and money) are made available to meet energy assessment and energy performance objectives.
Requirement 2—People Skilled and knowledgeable people, and people with direct and indirect influence on energy use, are involved in the assessment to effectively collect and analyse energy and process data, identify and evaluate energy efficiency opportunities, give fresh perspectives and make the business case for identified energy efficiency opportunities. Responsibilities and accountabilities are allocated and documented, and team diversity is encouraged.
Actions
2.1	Involve a broad cross‑section of people in the collection and analysis of energy and process data, and the energy efficiency opportunity identification, evaluation and business case development process, including: (a) people from various levels of the site or business unit who have a direct or indirect influence on energy use (such as site or fleet managers, operators, sub‑contractors, tenants or people responsible for equipment procurement, maintenance, finance, marketing or production); and (b) people from within the corporation who can integrate energy productivity into business objectives and assist with making a business case for identified opportunities (such as the chief financial officer, business case analysts, business or process improvement managers or people responsible for procurement, corporate and operations management, public relations, strategic planning or operational excellence); and (c) people with energy, technology and process expertise (such as suppliers of current and alternative equipment and technologies, systems modelling experts or engineers); and (d) people external to the site who can give alternative perspectives, question assumptions and practices, and encourage innovation (such as operators from other sites, corporate expert groups, internal or external engineering experts, academics or PhD students).
2.2	Allocate clear roles, responsibilities and accountabilities to people who are involved in the assessment and the business response, and document this information.
Requirement 3—Information, data and analysis Sufficient data, in suitable forms, is used to quantify and understand energy use, identify and quantify energy saving opportunities, and track performance and outcomes (where actions are implemented). Energy data is analysed from different perspectives to understand relationships between activity and consumption, and identify energy efficiency opportunities.
Actions
3.1	Identify and document business contextual information that influences energy use and returns on energy efficiency investments, for use during the assessment, including information about: (a) key business priorities and plans affecting investment timing and returns (such as relocation, expansion, site and equipment replacement, maintenance and shutdown schedules, or key contractual constraints); and (b) other external factors affecting investment returns (such as market factors, rising energy prices or interest rates) if applicable.
3.2	Identify, document and implement in‑depth data collection and analysis processes, including: (a) the collection of energy consumption and associated cost data for key processes, systems or activities over a period of at least 24 months, to an accuracy level of ±5% (or another accuracy level approved in the assessment plan), and analysis of that data to determine variations in energy use over time; and
(b) the collection and analysis of production or activity data (such as outputs, distance hauled, material excavated or square metres of floor space), to allow for the development of energy use performance indicators, at the appropriate level, with consideration of variations over time; and
(c) the collection and analysis of data for other process factors that impact on energy use (such as ambient temperature, geology (mining) or production inputs) to determine the impact of these factors on energy use; and (d) the collection and analysis of data for the energy and material flows associated with key processes, systems and activities, to systematically and rigorously quantify where energy is being used, transformed, wasted or lost; and (e) the comparison of performance to actual or theoretical energy use benchmarks, at the relevant level (process, technology, activity or site) to identify potential inefficiencies and opportunities; and (f) the development and documentation of measures to ensure the accuracy and completeness of energy data and resolve any material data gaps.
Requirement 4—Opportunity identification and evaluation An effective process is undertaken to identify all potential cost‑effective energy efficiency opportunities. The process is to be informed by the accurate data collection and rigorous analysis undertaken in requirement 3 and involve the relevant people identified in requirement 2. This process is broad, open‑minded and encourages innovation. Ideas are filtered to identify a documented list of potential opportunities that can then be analysed to a level sufficient for informed evaluation with a payback period of 4 years or less. A whole‑of‑business evaluation is undertaken to enable decision‑makers to make informed business decisions about energy efficiency opportunities.
Actions
4.1	Undertake a process to identify ideas to improve energy efficiency. The process should note the business contextual information and review the data that is collected and analysed as part of requirement 3, and include the appropriate people as stipulated in requirement 2. The process should result in a comprehensive list of ideas, which are then documented.
4.2	Examine ideas to determine if they are feasible. Categorise ideas deemed to be feasible as either for implementation or for further investigation. Feasible ideas categorised as being for implementation need not be evaluated to a high level of accuracy, if they have immediate business benefits or do not warrant detailed investigation. Feasible ideas categorised as for further investigation are potential opportunities that need to be examined in accordance with action 4.3.
Categorise ideas not deemed feasible as being not for implementation. Document reasons for the categorisation of all identified ideas (both feasible and not feasible).
4.3	Undertake a detailed whole‑of‑business evaluation that considers benefits beyond just energy savings (such as benefits relating to maintenance, production, or occupational health and safety) to: (a) determine the costs and benefits for the potential opportunities from action 4.2; and (b) calculate a payback period; and (c) identify a list of opportunities with a payback of 4 years or less. The evaluation of potential opportunities should be to an accuracy that is commensurate with the size of the financial investment associated with implementation. The evaluation process should be clearly documented and give decision makers credible information on which to base investment decisions. Detailed evaluation to reach an appropriate accuracy is not required for those ideas for which it can be shown that a payback period of less than 4 years is not possible, or those that prove to be infeasible for technical, safety or other genuine reasons.
4.4	After the evaluation of feasible ideas and potential opportunities, prepare recommendations for the decision‑makers who are responsible for resource allocation and financial investment. The recommendations should be based on appropriate business criteria and include whether identified opportunities should undergo further investigation, be implemented, or not be implemented. Document reasons for not pursuing opportunities.
Requirement 5—Decision making Management that is responsible for decisions about financial investment and the allocation of resources for the opportunities that are identified by the assessments makes informed decisions on the assessment based on quality information. The corporation develops clear lines of accountability, appropriate resources and timeframes for all energy efficiency opportunities that the corporation decides to implement or investigate further. Mechanisms for reviewing, monitoring and reporting on outcomes are established, to learn from experience and enable public reporting.
Actions
5.1	Give management the recommendations resulting from the assessment, as prepared in action 4.4, and the necessary contextual information, such as: (a) total energy use and energy cost relative to variable operating costs and profit for the manager’s area of responsibility; or (b) energy savings identified for each opportunity; or (c) the impact that identified opportunities are expected to have on productivity and overall energy costs; or (d) the total quantifiable costs and benefits, including a payback period, for each opportunity; or (e) the business recommendation for each opportunity; or (f) recommendations to improve data and evaluation accuracy (if necessary). This information will allow management to decide the business response to the assessment, including the opportunities that are to be implemented, investigated further (including improvements in data and evaluation accuracy), or not implemented.
5.2	Establish arrangements to implement the business response, including: (a) allocation of timelines, resources and accountabilities covering all energy efficiency opportunities that the corporation decides to implement or investigate further; and (b) a process for reviewing and monitoring to learn from experience.
Requirement 6—Communicating outcomes Senior management and members of the board are made aware of the outcomes of the assessment in a strategic business context (including the corporation’s risk management, corporate social responsibility and major investment decisions). The board reviews and notes the information on assessment outcomes that will be made public in the context of relevant business information. Recognition and awareness is raised within the corporation of the benefits of improved energy efficiency and the outcomes achieved by the assessment, including recognition and awareness of people who contributed to its success.
Actions
6.1	Present the board with information relating to the corporation’s energy performance, for each relevant business unit or key activity. This information is to be informed by the outcomes of the assessment and include: (a) total energy use; and (b) total cost of energy, relative to operating costs and profit; and (c) total energy and cost savings identified from the assessment and the business’s response, in the context of the energy performance objectives set in requirement 1.
6.2	The board reviews and notes the information presented in action 6.1 and the information on assessment outcomes that will be made public.
6.3	Senior management communicates a clear message about the outcomes of the assessments, in the context of the objectives set by the organisation’s leadership, to relevant staff and those involved with the assessment.

Part 4—Reporting schedule

401 An explanation of how the group proposes to meet its public reporting obligations, including:

(b) details of the proposed means of publication; and

(c) if the controlling corporation intends to rely on section 22A of the Act in order to comply with its obligations under subsection 22(1) of the Act:

(i) a statement of that intention; and

(ii) details of the other members of the group that are intended to prepare a report in accordance with section 22A of the Act; and

(iii) a statement whether each member of the group that is intended to prepare a report prepares annual financial reports or otherwise produces reports; and

(iv) if a group member is a public company, a statement that its report will be published widely; and

(d) if the controlling corporation intends to rely on section 22B of the Act in order to comply with its obligations under subsection 22(1) of the Act:

(i) a statement of that intention; and

(ii) details of the corporation that is intended to prepare a report in accordance with section 22B of the Act.

Note: Section 22A of the Act authorises decentralised public reporting by members of a controlling corporation’s group. Section 22B of the Act authorises public reporting by the manager of a joint venture.

402 If the controlling corporation proposes to publicly report in the energy bandwidths mentioned in the table in item 4 of the table in subregulation 7.2(1):

(a) a statement of the proposal; and

(b) an explanation of why reporting actual total energy use is unreasonable in terms of the company’s reasonable commercial interests.

Note: Factors that will be considered in such a request would include:

(a) the total percentage of energy to operating costs and variable costs; and

(b) how generic the use of energy is within the industry sector (including the range of types of energy used); and

(c) whether or not the total energy used by other companies in the sector will be disclosed in item 4 of the table in subregulation 7.2(1), or is otherwise publicly disclosed.

403 If a plan is a separate assessment plan mentioned in paragraph 5.1(1)(b), prepared by a group member or members, on behalf of the controlling corporation:

(a) a statement that the plan is a separate assessment plan; and

(b) a description of the group member or members.

General notes to Schedule 3

1. For a corporation to determine which entities in its corporate group need to be assessed, and what type of assessment to undertake, the controlling corporation needs to apply the “coverage rule” explained in Part 5 of these Regulations to its corporate structure.

While the controlling corporation is obliged to ensure that assessments are undertaken, it does not have to undertake all or any assessments itself. The assessments may be completed by subsidiary entities, and may use resources and expertise that are internal or external to the group.

2. The controlling corporation should also prepare an analysis of how its existing practices align with the requirements of the Assessment Framework. The analysis should focus on the accuracy of energy data available to the controlling corporation, as this will impact upon the corporation’s capacity to undertake assessments.

The controlling corporation is not required to provide the analysis to the Secretary with the Assessment Schedule, but it should be retained by the corporation. The Secretary may request the analysis when reviewing the corporation’s Assessment Schedule.

Schedule 5—Identity cards

(regulation 8.1)

An identity card must:

(a) display the Australian coat of arms; and

(b) incorporate a recent photograph of the authorised officer of sufficient quality to identify the officer accurately; and

(d) state the name of the authorised officer; and

(e) show the date on which the card was signed by the Secretary or a delegate of the Secretary; and

(f) show an expiry date that is not more than 60 months after the date on which the card is signed.

The following is a sample form of the identity card, and is provided for information only

COMMONWEALTH OF AUSTRALIA

Energy Efficiency Opportunities Act 2006

IDENTITY CARD—AUTHORISED OFFICER

I, * the Secretary of the Department of [name] / *delegate of the Secretary of the Department of [name], acting under subsection 26(1) of the Energy Efficiency Opportunities Act 2006, certify that the person whose name, photograph and signature appear on this card is an authorised officer for the purposes of the Act.

Dated: [date]

The officer’s authorisation ceases on: [date]

* Secretary

* Delegate of the Secretary

* Omit if inapplicable

(Photograph)

(Name of authorised officer)

(Signature of authorised officer)

Endnotes

Endnote 1—About the endnotes

The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:

Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Uncommenced amendments
Endnote 6—Modifications
Endnote 7—Misdescribed amendments
Endnote 8—Miscellaneous

If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.

Abbreviation key—Endnote 2
The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the compiled law, but the text of the amendments is included in endnote 5.

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.

Miscellaneous—Endnote 8
Endnote 8 includes any additional information that may be helpful for a reader of the compilation.

Endnote 2—Abbreviation key

ad = added or inserted	pres = present
am = amended	prev = previous
c = clause(s)	(prev) = previously
Ch = Chapter(s)	Pt = Part(s)
def = definition(s)	r = regulation(s)/rule(s)
Dict = Dictionary	Reg = Regulation/Regulations
disallowed = disallowed by Parliament	reloc = relocated
Div = Division(s)	renum = renumbered
exp = expired or ceased to have effect	rep = repealed
hdg = heading(s)	rs = repealed and substituted
LI = Legislative Instrument	s = section(s)
LIA = Legislative Instruments Act 2003	Sch = Schedule(s)
mod = modified/modification	Sdiv = Subdivision(s)
No = Number(s)	SLI = Select Legislative Instrument
o = order(s)	SR = Statutory Rules
Ord = Ordinance	Sub-Ch = Sub-Chapter(s)
orig = original	SubPt = Subpart(s)
par = paragraph(s)/subparagraph(s)
/sub-subparagraph(s)

Endnote 3—Legislation history

Number and year	Gazettal or FRLI registration date	Commencement	Application, saving and transitional provisions
2006 No. 160	26 June 2006 (see F2006L01895)	27 June 2006
2006 No. 201	28 July 2006 (see F2006L02382)	29 July 2006	—
2008 No. 129	26 June 2008 (see F2008L02208)	1 July 2008	—
2009 No. 119	22 June 2009 (see F2009L02397)	23 June 2009	—
2009 No. 312	16 Nov 2009 (see F2009L04166)	17 Nov 2009	—
2011 No. 78	7 June 2011 (see F2011L00964)	1 July 2011	—
2011 No. 156	19 Aug 2011 (see F2011L01695)	20 Aug 2011	—
2012 No. 108	19 June 2012 (see F2012L01249)	rr. 1–3 and Sch 1: 20 June 2012 Sch 2: 1 July 2013	—
121, 2013	17 June 2013 (see F2013L01024)	Sch 1: 18 June 2013 Sch 2: 1 July 2013	—
176, 2013	12 July 2013 (see F2013L01371)	13 July 2013	—
227, 2013	6 Aug 2013 (see F2013L01526)	7 Aug 2013	—

Endnote 4—Amendment history

Provision affected	How affected
Pt 1
r 1.3.....................................	am 2008 No 129; 2011 No 156; 2012 No 108; Nos 121, 176 and 227, 2013
r 1.3A...................................	ad 2012 No 108
r 1.4.....................................	rs 2008 No 129; 2009 No 312; 2011 No 156
am No 176, 2013
hdg to r 1.4A.........................	rs 2012 No 108
r 1.4A...................................	ad 2011 No 156
am 2012 No 108
hdg to r 1.4B.........................	rs 2012 No 108
r 1.4B...................................	ad 2011 No 156
am 2012 No 108
hdg to r 1.4C.........................	rs 2012 No 108
r 1.4C...................................	ad 2011 No 156
am 2012 No 108
r 1.4D...................................	ad No 176, 2013
r 1.5.....................................	am 2008 No 129; 2012 No 108; Nos 121 and 176, 2013
r 1.5A...................................	ad No 176, 2013
hdg to r 1.6...........................	rs 2011 No 156
Subhead to r 1.6(1A)..............	ad 2011 No 156
r 1.6.....................................	am 2008 No 129; 2011 No 156; No 227, 2013
r 1.8.....................................	ad No 227, 2013
Pt 2
r 2.1.....................................	am 2009 No 119; 2011 No 78; No 121, 2013
r 2.2.....................................	am 2009 No 119; 2011 No 78
Note to r 2.3(2)......................	ad 2012 No 108
Pt 3
r 3.1.....................................	am 2009 No 312; 2011 No 156; 2012 No 108
r 3.2.....................................	am 2008 No 129
r 3.4.....................................	am 2008 No 129
Pt 4
r 4.1.....................................	am 2011 No 156
r 4.2.....................................	am 2009 No 312; 2012 No 108
r 4.3.....................................	am 2008 No 129
Pt 5
r 5.1.....................................	am 2008 No 129
r 5.2.....................................	rs Nos 176 and 227, 2013
r 5.3.....................................	am 2008 No 129
rs 2011 No 156
am 2012 No 108; No 176, 2013
r 5.3A...................................	ad No 108, 2012
hdg to r 5.5...........................	rs 2012 No 108
r 5.5.....................................	ad 2009 No 312
rs 2011 No 156
am 2012 No 108
r 5.6.....................................	ad 2011 No 156
am 2012 No 108; No 176, 2013
r 5.7.....................................	ad 2011 No 156
am 2012 No 108; No 227, 2013
r 5.8.....................................	ad No 176, 2013
Pt 6......................................	rep No 227, 2013
r 6.1A...................................	ad No 176, 2013
rep No 227, 2013
hdg to r. 6.1..........................	rs No 176, 2013
rep No 227, 2013
r 6.1.....................................	am 2006 No 201; 2011 No 156; No 176, 2013
rep No 227, 2013
Pt 7
Div 1A
Div 1A of Pt 7.......................	ad No 227, 2013
r 7.1A...................................	ad No 227, 2013
Div 1
r 7.1.....................................	am 2008 No 129
rs 2011 No 156
am No 176, 2013
r 7.2.....................................	am 2011 No 156; Nos 176 and 227, 2013
r 7.4.....................................	am 2008 No 129
rs 2011 No 156; Nos 176 and 227, 2013
r 7.5.....................................	am 2009 No 312
rs 2011 No 156
r 7.6.....................................	rs 2011 No 156
am No 176, 2013
r 7.6A...................................	ad No 176, 2013
hdg to r 7.7...........................	rs No 176, 2013
r 7.7.....................................	am 2008 No 129; 2011 No 156; Nos 176 and 227, 2013
r 7.9.....................................	am 2011 No 156; No 176, 2013
Note to r 7.9(2)......................	am No 176, 2013
r 7.10...................................	am 2008 No 129
Pt 9
Div 2
Div 2 of Pt 9.........................	ad 2009 No 312
r 9.2.....................................	ad 2009 No. 312
am 2012 No 108
Div 3
r 9.3............................................ ............................................	ad No 227, 2013
Pt 10
hdg to Div 1 of Pt 10..............	ad No 227, 2013
Pt 10....................................	ad 2008 No. 129
r 10.1...................................	ad 2008 No. 129
am No 227, 2013
r 10.2...................................	ad 2008 No. 129
am No 227, 2013
r 10.3...................................	ad 2008 No. 129
r 10.4...................................	ad 2008 No. 129
r 10.5...................................	ad 2008 No. 129
Div 2
Div 2 of Pt 10........................	ad No 227, 2013
r 10.6...................................	ad No 227, 2013
Sch 1
Sch 1....................................	am 2008 No 129; No 176, 2013
Sch 2
Sch 2....................................	am 2011 No 156
Sch 2A
Sch 2A.................................	ad No 176, 2013
am No 227, 2013
Sch 3
hdg to Sch 3..........................	rs No 176, 2013
Sch 3....................................	am 2008 No 129; 2011 No 156; No 227, 2013
hdg to Sch 4..........................	rs No 176, 2013
rep No 272, 2013
Sch 4....................................	am 2011 No 156
rep No 227, 2013
Sch 4A.................................	ad No 176, 2013
rep No 227, 2013
Sch 6....................................	ad No 176, 2013
rep No 227, 2013
hdg to Sch 7..........................	rs No 176, 2013
rep No 227, 2013
Sch 7....................................	rs 2011 No 156
rep No 227, 2013

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]