National Greenhouse and Energy Reporting Amendment Act 2008 (Cth)

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National Greenhouse and Energy Reporting Amendment Act 2008

No. 84, 2008

An Act to amend the National Greenhouse and Energy Reporting Act 2007, and for related purposes

Contents

National Greenhouse and Energy Reporting Amendment Act 2008

No. 84, 2008

An Act to amend the National Greenhouse and Energy Reporting Act 2007, and for related purposes

[Assented to 15 September 2008]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the National Greenhouse and Energy Reporting Amendment Act 2008.

2Commencement
  1. (1)

    Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.

Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

15 September 2008

2.

Schedule 1, item 1

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

15 March 2009

3.

Schedule 1, items 2 to 7

The day after this Act receives the Royal Assent.

16 September 2008

4.

Schedule 1, items 8 to 10

At the same time as the provision(s) covered by table item 2.

15 March 2009

5.

Schedule 1, item 11

The day after this Act receives the Royal Assent.

16 September 2008

6.

Schedule 1, item 12

At the same time as the provision(s) covered by table item 2.

15 March 2009

7.

Schedule 1, items 13 to 22

The day after this Act receives the Royal Assent.

16 September 2008

8.

Schedule 1, item 23

At the same time as the provision(s) covered by table item 2.

15 March 2009

9.

Schedule 1, items 24 to 35

The day after this Act receives the Royal Assent.

16 September 2008

Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

  1. (2)

    Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Amendments

National Greenhouse and Energy Reporting Act 2007

1

Section 7

Insert:

business unit has the meaning given by the regulations.

2

Section 7

Insert:

penalty unit has the meaning given by section 4AA of the Crimes Act 1914.

3

At the end of subsection 10(3)

Add:

  1. ; and (c)

    conditions relating to the use of methods determined by the Minister or of methods which meet criteria determined by the Minister; and

  2. (d)

    rating systems for those methods (including different rating systems for different circumstances); and

  3. (e)

    the particular rating given to each of those methods.

4

Subsection 12(1)

Repeal the subsection (not including the penalty and note), substitute:

  1. (1)

    A controlling corporation must apply, in accordance with this section, to be registered under Division 3 if the corporation’s group meets one or more of the thresholds under section 13 for a financial year (the trigger year) ending on or after 30 June 2009.

Note: The heading to section 12 is replaced by the heading “Applying to register in relation to meeting a threshold”.

5

Subsection 12(1) (note)

After “with”, insert “subsection (1) of”.

6

Subsection 12(2)

Repeal the subsection, substitute:

  1. (2)

    However, a controlling corporation is not required to make an application under subsection (1) in relation to a financial year if:

    1. (a)

      the corporation has previously made an application under subsection (1) or (3); and

    2. (b)

      the corporation was registered under Division 3 because of that application; and

    3. (c)

      the corporation is registered under Division 3 at the end of that year.

    Example: A controlling corporation’s trigger year is the financial year ending on 30 June 2009.

    During that year, the corporation applies under subsection (1) to be registered under Division 3 and the corporation is so registered.

    On 30 June 2010 the corporation is still registered under Division 3. The corporation is not required to make an application under subsection (1) in relation to the financial year ending on 30 June 2010.

  2. (3)

    A controlling corporation may apply, in accordance with this section, to be registered under Division 3 if the chief executive officer of the corporation is satisfied that the corporation’s group is likely to meet one or more of the thresholds under section 13 for a financial year (the trigger year) ending on or after 30 June 2009.

  3. (4)

    An application under subsection (1) or (3) must be made by 31 August in the financial year after the trigger year.

7

Section 14

Omit “required to apply under section 12”, substitute “a registered corporation”.

8

Subsection 15(1)

Omit “(1)”.

9

Paragraph 15(1)(c)

After “regulations”, insert “(which must be information that relates to one or more members of a controlling corporation’s group)”.

10

Subsection 15(2)

Repeal the subsection.

11

Paragraph 16(4)(a)

Omit “must register”, substitute “registers”.

12

Subparagraphs 16(4)(b)(i) and (ii)

Repeal the subparagraphs, substitute:

(i) information included in the application for registration;

13

Subsection 17(1)

Repeal the subsection, substitute:

  1. (1)

    The Greenhouse and Energy Data Officer must register a corporation under this Division if the corporation has applied for registration under section 12 in accordance with section 15.

14

Paragraph 19(2)(a)

Omit “paragraph 12(1)(a)”, substitute “subsection 12(1) or (3)”.

15

Paragraph 19(6)(b)

After “that subsection”, insert “, where the use of those methods satisfies any conditions specified in the determination under that subsection”.

16

Subparagraph 20(3)(a)(ii)

After “corporation”, insert “, or a member of the corporation’s group,”.

17

Paragraph 21(1)(b)

Omit “and”.

Note: The heading to section 21 is altered by adding at the end “: reduction of greenhouse gas emissions and removals of greenhouse gases”.

18

Paragraph 21(1)(c)

Repeal the paragraph.

19

Paragraph 21(2)(b)

Omit “and”.

20

Paragraph 21(2)(c)

Repeal the paragraph.

21

Paragraph 21(4)(a)

After “that subsection”, insert “, where the use of those methods satisfies any conditions specified in the determination under that subsection”.

22

After section 21

Insert:

21AReports relating to offsets of greenhouse gas emissions

  1. (1)

    A registered corporation may, in respect of a financial year, provide a report to the Greenhouse and Energy Data Officer relating to the offsets of greenhouse gas emissions by the corporation, or one or more members of the corporation’s group, during that year.

  2. (2)

    A report must include any information specified by the regulations for the purposes of this subsection.

    Civil penalty: 1,000 penalty units.

    Note: Under Division 137 of the Criminal Code it may be an offence to provide false or misleading information or documents to the Greenhouse and Energy Data Officer in purported compliance with this Act.

  3. (3)

    A report is taken not to be a report under this section unless:

    1. (a)

      it is given in a manner and form approved by the Greenhouse and Energy Data Officer; and

    2. (b)

      it is given to the Greenhouse and Energy Data Officer within a period specified in the regulations; and

    3. (c)

      subsection (2) has been complied with.

23

Subsection 24(1)

Repeal the subsection, substitute:

Publication relating to greenhouse gas emissions, energy production and energy consumption

  1. (1)

    The Greenhouse and Energy Data Officer must publish on a website, by 28 February in a financial year, totals of:

    1. (a)

      greenhouse gas emissions that are scope 1 emissions (within the meaning of the regulations); and

    2. (b)

      greenhouse gas emissions that are scope 2 emissions (within the meaning of the regulations); and

    3. (c)

      energy production; and

    4. (d)

      energy consumption;

reported in relation to a registered corporation’s group for the previous financial year.

  1. (1A)

    In addition to publishing the totals for the corporation’s group, the Greenhouse and Energy Data Officer may also publish on the website:

    1. (a)

      the totals for each member of the corporation’s group, or for each business unit in relation to the corporation’s group, reported in relation to the corporation’s group for the previous financial year; and

    2. (b)

      the methods mentioned in paragraph 19(6)(b) that were used to measure the totals for the corporation’s group; and

    3. (c)

      the rating given to each of those methods under the determination under subsection 10(3).

This subsection is subject to subsection 25(3).

Limitations

  1. (1B)

    The Greenhouse and Energy Data Officer must not publish information mentioned in subsection (1) unless:

    1. (a)

      the corporation’s group meets a threshold mentioned in paragraph 13(1)(a) for the financial year covered by the report; and

    2. (b)

      no application has been made under section 25 in relation to that information, or if such an application has been made, it has been refused.

  2. (1C)

    However, if the Greenhouse and Energy Data Officer accepts an application under section 25 in relation to information mentioned in subsection (1), he or she may instead publish on a website the fact that the totals concerned fall within a specified range of values.

24

Subsection 24(2)

After “corporation”, insert “, or a member of the corporation’s group,”.

Note: The following heading to subsection 24(2) is inserted “Publication relating to greenhouse gas projects”.

25

At the end of subsection 24(2)

Add “This subsection is subject to subsection 25(3).”.

26

Subsections 24(3) and (4)

Repeal the subsections, substitute:

Publication relating to offsets of greenhouse gas emissions

  1. (3)

    The Greenhouse and Energy Data Officer may publish on a website information relating to the offsets of greenhouse gas emissions by a registered corporation, or a member of the corporation’s group, reported under section 21A if the information satisfies the requirements of regulations made for the purposes of this subsection. This subsection is subject to subsection 25(3).

Note 1: The following heading to subsection 24(5) is inserted “Publication by States or Territories”.

Note 2: The following heading to subsection 24(6) is inserted “Publication by other persons”.

27

At the end of subsection 28(1)

Add “or to a member of the corporation’s group”.

28

Section 53

After “this Act”, insert “or the regulations”.

29

Subsection 73(4)

Omit “A corporation”, substitute “The corporation, and each member of the corporation’s group,”.

30

At the end of subsection 73(4)

Add:

Civil penalty: 250 penalty units.

31

Subsection 73(5)

Omit “and this section”.

32

Subsection 74(2)

Omit “a corporation”, substitute “the corporation”.

33

After subsection 74(2)

Insert:

  1. (2A)

    The corporation, and each member of the corporation’s group, must provide the external auditor with all reasonable facilities and assistance necessary for the effective exercise of the external auditor’s duties under this Act.

    Civil penalty: 250 penalty units.

34

Subsection 74(3)

Omit “and provide the auditor with all reasonable facilities and assistance necessary for the effective exercise of the external auditor’s duties under this Act”.

35

Application and saving provision

(1) The amendment made by item 4 does not affect the validity of an application made under subsection 12(1) of the National Greenhouse and Energy Reporting Act 2007 before the commencement of that item.

(2) The amendments made by items 8 to 10 and 12 apply in relation to applications for registration made on or after the commencement of those items.

(3) The amendment made by item 13 applies in relation to applications for registration made on or after the commencement of that item.

(4) The amendment made by item 13 does not affect the validity of a registration made under subsection 17(1) of the National Greenhouse and Energy Reporting Act 2007 before the commencement of that item.

(5) The amendments made by items 15 and 21 apply in relation to the use of methods that occurs after the conditions concerned take effect.

[Minister’s second reading speech made in—

House of Representatives on 26 June 2008

Senate on 28 August 2008]

(144/08)

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