National Greenhouse and Energy Reporting Regulations 2008 (Cth)
made under the
This is a compilation of the
The notes at the end of this compilation (the
The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register ( saving and transitional provisions
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
The
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
These Regulations are the
National Greenhouse and Energy Reporting Regulations 2008 .
In these Regulations:
ABN orAustralian Business Number has the meaning given by section 41 of theA New Tax System (Australian Business Number) Act 1999 .
ACN has the meaning given by section 9 of theCorporations Act 2001.
Act means theNational Greenhouse and Energy Reporting Act 2007 .
affected group entity : a group entity of a controlling corporation is anaffected group entity of the controlling corporation for a financial year if the circumstances in one or more of the following paragraphs exist, or are likely to exist, in relation to the group entity during the financial year:
(a) the controlling corporation’s group meets a threshold for the financial year under paragraph 13(1)(a), (b) or (c) of the Act and the group entity, or a subsidiary of the group entity, has operational control of a facility for at least part of the financial year;
(b) the controlling corporation’s group meets a threshold for the financial year under paragraph 13(1)(d) of the Act and the group entity, or a subsidiary of the group entity, has operational control of a facility the operation of which during the financial year causes the group to meet the threshold;
(c) the controlling corporation makes an application under section 14 of the Act during the financial year and the group entity, or a subsidiary of the group entity, is undertaking or is proposing to undertake a greenhouse gas project to which the application relates.
alternative audit means an audit that has not been carried out under the Act, the CFI Act or the NR Act but that is, in the opinion of the Regulator, comparable to any of the following:(aa) a biodiversity audit;
(a) an ERF audit;
(b) a greenhouse and energy audit;
(c) a safeguard audit.
anthracite means coal having a volatile matter of less than 14.0% on a dry ash‑free basis.
ANZSIC division means a division identified by an alpha character published in the Australian and New Zealand Standard Industrial Classification (ANZSIC), 2006.
ANZSIC industry classification and code means an industry classification and code for that classification published in the Australian and New Zealand Standard Industrial Classification (ANZSIC), 2006.
ARBN has the meaning given by section 9 of theCorporations Act 2001.
Audit Determination means theNational Greenhouse and Energy Reporting (Audit) Determination 2009 .Note: The determination is made under subsection 75(1) of the Act.
audited body means a person in respect of whose compliance with the Act, the regulations, the CFI Act or the NR Act a Part 6 audit is to be, or is being, carried out.
auditor registration instrument means the legislative instrument made by the Regulator under regulation 6.72.
audit team leader has the meaning given:
(a) for a greenhouse and energy audit or a safeguard audit—in the Act; or
(b) for an ERF audit—in the CFI Act; or
(c) for a biodiversity audit—in the NR Act.
audit team member , in relation to a Part 6 audit, means a person assisting the audit team leader to carry out the audit.
Australian Statistician is the person referred to in subsection 5(2) of theAustralian Bureau of Statistics Act 1975 .
biodiesel means a biofuel that:
(a) is produced by esterification of oils derived from biomass; and
(b) consists mainly of esters; and
(c) is suitable for use as a blending component substitute for diesel oil.
biofuel means a liquid fuel derived or recovered from biomass.
biogas means a gaseous fuel derived or recovered from biomass.
biogas upgrading means the process by which biogas is refined and stripped of impurities to produce biomethane, including, but not limited to, one or more of the following:
(a) pre‑treatment processing of biogas;
(b) the drying or scrubbing of biogas;
(c) post‑treatment processing or compression of the biomethane produced by the refining process.
biomass means non‑fossilised and biodegradable organic material originating from plants, animals and micro‑organisms, and includes:
(a) products, by‑products, residues and waste from industry, including the agriculture and forestry industries; and
(b) non‑fossilised and biodegradable organic components of commercial and industrial, construction and demolition, and municipal waste.
biomethane means a high‑methane content gas that is:
(a) produced by biogas upgrading; and
(b) suitable for use as a natural gas substitute.
bituminous coal means coal having:
(a) a volatile matter of not less than 14.0% on a dry ash‑free basis; and
(b) gross specific energy of either:
(i) not less than 26.50 megajoules per kilogram on an ash‑free moist basis; or
(ii) not less than 24.00 megajoules per kilogram on an ash‑free moist basis if the crucible swelling number is not less than one.
blast furnace gas means the gas that occurs as a result of operating a blast furnace.
brown coal means coal having a gross specific energy of less than 19.00 megajoules per kilogram on an ash‑free moist basis.
captured for combustion , in relation to gas, means a gas that is captured and:
(a) combusted to produce useable heat or electricity; or
(b) injected into a pipeline.
carbon dioxide equivalence orCO 2 ‑e has the meaning given in section 7 of the Act and regulation 2.02.
Category 1 auditor means a registered greenhouse and energy auditor who is registered as a Category 1 auditor under subregulation 6.25(3).
Category 2 auditor means a registered greenhouse and energy auditor who is registered as a Category 2 auditor under subregulation 6.25(3).
cement production activities has the meaning given by regulation 2.20A.
CFI Act means theCarbon Credits (Carbon Farming Initiative) Act 2011.
CFI legislation means:
(a) the CFI Act; and
(b) any legislative instrument made under the CFI Act.
chemical product includes adipic acid, ammonia, carbide, nitric acid, soda ash, synthetic rutile or titanium dioxide.
chemical product containing carbon means 1 of the following:
(a) polyethylene;
(b) polypropylene;
(c) BR or SBR rubber;
(d) styrene;
(e) carbon black.
CO 2 means carbon dioxide.
CO 2 ‑e : seecarbon dioxide equivalence .
coal briquette means an agglomerate formed by compacting a coal particulate material in a briquette press, with or without added binder material.
coal coke means a solid product obtained from the carbonisation of coal at a high temperature and includes coke oven coke, coke breeze, foundry coke, retort coke and coal char.
coal mine waste gas means a substance that:
(a) consists of:
(i) naturally occurring hydrocarbons; or
(ii) a naturally occurring mixture of hydrocarbons and non‑hydrocarbons; and
(b) is:
(i) drained from:
(A) a coal mine that is covered by a lease (however described) that authorises coal mining; or
(B) a closed coal mine that is, or was, covered by a lease (however described) that authorises, or authorised, coal mining; or
(ii) conveyed in a ventilation air shaft or duct to the surface of a mine mentioned in subparagraph (i); and
(c) has not been injected into a natural gas transmission pipeline or natural gas distribution pipeline.
coal seam methane means a substance that:
(a) consists of:
(i) naturally occurring hydrocarbons; or
(ii) a naturally occurring mixture of hydrocarbons and non‑hydrocarbons; and
(b) consists mainly of methane; and
(c) is drained from a coal seam; and
(d) is not coal mine waste gas; and
(e) has not been injected into a natural gas transmission pipeline or natural gas distribution pipeline.
coal tar means the tar that results from the destructive distillation of bituminous coal or the low temperature carbonization of brown coal.
COD orchemical oxygen demand means the total material available for chemical oxidation (both biodegradable and non‑biodegradable) measured in tonnes.
Code of Conduct means the principles set out in regulation 6.46.
cogeneration process means a process that combines the generation of heat and power to produce electricity and another product within one integrated production process.
coke oven gas means the gas that is a by‑product in the production of coke or iron and steel.
coking coal means coal that is used to produce coke.
compressed natural gas means natural gas that is sourced from a vessel (other than a pipeline) where the gas is contained in a gaseous state and compressed to more than 18 megapascals.
conflict of interest situation has the meaning given by regulation 6.49.
consumption of energy has the meaning given in regulation 2.26.
crude oil includes field condensates.
decommissioned underground mine means an underground coal mine where the following activities have ceased to occur and are not expected to occur in the future:
(a) coal production;
(b) active mine ventilation, including the operation of ventilation fans at the mine.
dry wood means wood that:
(a) has a moisture content of 20% or less if the moisture content is calculated on a wet basis; and
(b) is combusted to produce heat or electricity.
eligible facility has the same meaning as in the Safeguard Mechanism Rule.
eligible offsets project has the same meaning as in the CFI Act.
eligible referee has the meaning given by regulation 6.18.
energy has the meaning given in regulation 2.03.
energy content factor has the meaning given in the Measurement Determination.
engage in audit activity has the meaning given by regulation 6.48.
facility of the corporation : if a corporation is required, under Part 3, 3E or 3F of the Act, to report about a facility, the facility is afacility of the corporation .
facility specific emission factor , for a source for a facility, is the parameter in the equation that determines the rate of emissions for the facility estimated in accordance with method 2, 3 or 4 for the source in the Measurement Determination.
feedstock means a substance that is converted by a chemical process into another substance that is not a greenhouse gas.
field condensate means a mixture of lower molecular weight hydrocarbons that are recovered from an oil or gas field at surface separation facilities at or near the field.
fuel oil has the meaning given in section 3 of theExcise Tariff Act 1921 .
gassy mine has the same meaning as it has in the Measurement Determination.
green and air dried wood means wood that:
(a) has a moisture content of more than 20% if the moisture content is calculated on a wet basis; and
(b) is combusted to produce heat or electricity.
grid‑connected electricity generator has the same meaning as in the Safeguard Mechanism Rule.
identifying details , for an entity, means:
(a) the entity’s ABN; or
(b) if the entity does not have an ABN—its ACN; or
(c) if the entity does not have an ABN or ACN—its ARBN; or
(d) if the entity does not have an ABN, ACN or ARBN—the following:
(i) any other unique number issued to the entity for the purpose of identifying the entity;
(ii) the entity’s name (and any business name or trading name, if different);
(iii) the entity’s street address.
identifying information , for a person, means the following information:
(a) the person’s name (and any business name or trading name, if different);
(b) the person’s identifying details (if any);
(c) a statement about whether the person is an individual, a body corporate, a trust, a corporation sole, a body politic or a local governing body;
(d) if the person is an individual—the following:
(i) the person’s telephone number, email address and residential address;
(ii) if the person’s postal address is different from the person’s residential address—the person’s postal address;
(e) if the person is not an individual—the following:
(i) the postal address of the head office of the person;
(ii) the name, position, telephone number, email address and postal address of a contact person for the person;
(iii) a street address for the person;
(f) if the person is a body corporate that is not a foreign person—details of at least one executive officer (or equivalent) of the body corporate, including the officer’s name, telephone number and email address;
(g) if the person is a body corporate that is a foreign person—the details mentioned in paragraph (f) for the body corporate and the name of any Australian agent through which the person conducts business;
(h) if the person is a trust—the name, telephone number, email address and postal address of each trustee;
(i) if the person is a corporation sole—the name and address of the individual who makes up the corporation sole;
(j) if the person is a body politic or local governing body—the name, telephone number, email address and postal address of at least one officeholder of the body politic or local governing body;
(k) if the person is a body established under a law of the Commonwealth, a State or a Territory (other than a general law allowing incorporation as a company or body corporate)—the following:
(i) the name of the legislation establishing the body;
(ii) the date the body was established;
(iii) whether the body is a Commonwealth, State or Territory body.
identifying information , for a facility, means the information required under paragraphs 4.04A(2)(a) to (h).
industry sector has the meaning given in regulation 2.06.
industry specialisation , for an individual, means an industry in respect of which the individual claims specialist knowledge.
international bunker fuel means a fuel that powers an engine of a ship or aircraft and that is supplied for use:
(a) in an aircraft for a flight from a place within Australia to a place outside of Australia; or
(b) in a ship on a voyage from a place within Australia to a place outside of Australia;
whether or not part of the flight or voyage involves a journey between places in Australia.
landfill biogas means a biogas that is derived from the decomposition of biomass in landfill.
landfill facility has the same meaning as in the Safeguard Mechanism Rule.
legacy emissions has the same meaning as in the Safeguard Mechanism Rule.
liquefied aromatic hydrocarbons means hydrocarbons that consist mainly of benzene, toluene or xylene, or mixtures of those substances.
liquefied natural gas means natural gas that is sourced from a process or vessel where the gas is in a liquid state because of pressure and low temperatures.Note: Natural gas becomes a liquid when chilled to around ‑161 °C.
liquefied petroleum gas means:
(a) liquid propane; or
(b) liquid butane; or
(c) a liquid mixture of propane and butane; or
(d) a liquid mixture of propane and other hydrocarbons that consists mainly of propane; or
(e) a liquid mixture of butane and other hydrocarbons that consists mainly of butane; or
(f) a liquid mixture of propane, butane and other hydrocarbons that consists mainly of propane and butane.
listed activity means an activity of one of the following kinds:
(a) record keeping;
(b) communication;
(c) purchasing materials or equipment;
(d) managing the employment, training and payment of employees;
(e) storage (including warehousing) of materials or equipment;
(f) transport of persons or goods of a kind not covered by regulation 2.19;
(g) sales promotion;
(h) cleaning and maintaining buildings and other structures;
(i) maintenance of equipment;
(j) security and surveillance.
Measurement Determination means theNational Greenhouse and Energy Reporting (Measurement) Determination 2008 .
metal product means aluminium, ferroalloys, iron, steel or any other metal.
methodology determination means a determination made under:
(a) subsection 106(1) of the CFI Act; or
(b) subsection 45(1) of the NR Act.
multi‑site cement facility means a facility that is a series of activities that:
(a) are cement production activities; and
(b) form a single undertaking or enterprise in accordance with regulation 2.20A.
municipal materials means non‑biodegradable materials from sources such as domestic households, industry (including the service industries) and hospitals.
natural gas means a substance that:
(a) is in a gaseous state at standard temperature and pressure; and
(b) consists of:
(i) naturally occurring hydrocarbons; or
(ii) a naturally occurring mixture of hydrocarbons and non‑hydrocarbons; and
(c) consists mainly of methane.
natural gas liquids means liquefied hydrocarbons recovered from natural gas in separation facilities or processing plants, including any of the following:
(a) ethane;
(b) propane;
(c) butane (including normal and iso‑butane);
(d) pentane (including iso‑pentane and pentanes plus).
natural gas transmitted or distributed in a pipeline means natural gas that has been injected into a natural gas transmission pipeline or natural gas distribution pipeline.
network or pipeline facility means a facility that is in an industry sector mentioned in subregulation 2.20(2).
NGER legislation means the following:
(a) the Act;
(b) these Regulations;
(c) the Measurement Determination;
(d) the Audit Determination;
(e) the Auditor Registration Instrument;
(f) the Safeguard Mechanism Rule.
non‑gassy mine has the same meaning as it has in the Measurement Determination.
NR Act means theNature Repair Act 2023 .
NR legislation means any of the following:
(a) the NR Act;
(b) legislative instruments made under the NR Act;
(c) the sections of the
Criminal Code mentioned in paragraph (b) of the definition ofthis Act in section 7 of the NR Act.
overall control has the meaning given in regulation 2.14.
Part 6 audit means any of the following:
(aa) a biodiversity audit;
(a) an ERF audit;
(b) a greenhouse and energy audit;
(c) a safeguard audit.
personal identification number means a unique number issued by the Regulator to identify a particular person.
petroleum based greases means:
(a) petroleum based greases and their synthetic equivalents; or
(b) oils (including lubricants, fluids and greases) derived from petroleum and their synthetic equivalents, if recycled for use as greases.
petroleum based oils means any of the following:
(a) oils (including lubricants or fluids but not greases) derived from petroleum and their synthetic equivalents;
(b) oils (including lubricants, fluids and greases) derived from petroleum and their synthetic equivalents, if recycled for use as oils.
petroleum coke means a solid substance that:
(a) consists mainly of carbon; and
(b) is derived from the cracking of hydrocarbons in petroleum refining; and
(c) is not refinery coke.
plant condensate means liquid separated in a processing plant from a gaseous hydrocarbon stream by condensation, other than liquefied petroleum gas.
primary fuel or energy commodity means a fuel or energy commodity extracted or captured from natural sources with minimal processing, and includes the fuels and energy commodities mentioned in Schedule 1 as being primary fuels or energy commodities.
production of energy has the meaning given in regulation 2.25.
production variable , for a facility, has the same meaning as in the Safeguard Mechanism Rule.
professional members of the audit team has the meaning given in regulation 6.50.
refinery coke means a solid substance that:
(a) consists mainly of carbon; and
(b) is deposited on a catalyst used in the cracking process in petroleum refining.
Note: Refinery coke is not easily recoverable as a discrete product but is generally removed from the catalyst by using heat in the presence of air.
refinery gases and liquids means gases or liquids that:
(a) are produced during petroleum refining; and
(b) are unrefined products;
(c) are not mentioned in any of items 17 to 26 or 31 to 45 of Schedule 1.
Note: Refinery gases and liquids are produced at a refinery and are usually:
(a) combusted as a source of energy within a refinery; or
(b) refined into saleable petroleum products.
registered biodiversity project has the same meaning as in the NR Act.
registration , for Part 6, means registration as a greenhouse and energy auditor.
registration number means a registration number allocated under subparagraph 6.25(3)(b)(ii).
renewable aviation kerosene means a biofuel that:
(a) is produced through a process such as gasification, Fischer‑Tropsch synthesis, hydrothermal conversions or hydroprocessing; and
(b) consists mainly of alkanes and other hydrocarbons; and
(c) is either or both of the following:
(i) a synthetic blending component within the meaning of the American Society for Testing and Materials Standard
ASTM D7566: Standard Specification for Aviation Turbine Fuel Containing Synthesized Hydrocarbons , published by ASTM International, as in force or existing from time to time;(ii) a synthetic blending component permitted in aviation turbine fuel that meets the requirements set out in the United Kingdom Defence Standard
Def Stan 91‑091: Turbine Fuel, Kerosene Type, Jet A‑1; NATO CODE: F‑35; Joint Service Designation: AVTUR , published by UK Defence Standardization, as in force or existing from time to time.Note 1: In 2023, ASTM D7566 could be:
(a) purchased (in printed or digital form) from or
(b) viewed (in printed form), by appointment, at the Department’s office in Canberra.
Note 2: In 2023, Def Stan 91‑091 could be obtained from diesel means a biofuel that:
(a) is produced through a process such as gasification, Fischer‑Tropsch synthesis, hydrothermal conversions or hydroprocessing; and
(b) consists mainly of alkane and other hydrocarbons; and
(c) is suitable for use as:
(i) a substitute for diesel oil; or
(ii) a blending component substitute for diesel oil.
renewable energy legislation means:
(a) the
Renewable Energy (Electricity) Act 2000 ; or(b) the
Renewable Energy (Electricity) Regulations 2001 .
reporting year means one of the years for which a person must provide a report under Part 3, 3E, 3F or 3G of the Act.
Safeguard Mechanism Rule means theNational Greenhouse and Energy Reporting (Safeguard Mechanism) Rule 2015 .
scope 1 emission has the meaning given by regulation 2.23.
scope 2 emission has the meaning given by regulation 2.24.
secondary fuel or energy commodity means a fuel or energy commodity produced by converting energy from one form (usually a primary fuel or energy commodity) to another form for consumption, and includes the fuels and energy commodities mentioned in Schedule 1 as being secondary fuels or energy commodities.
single site means a single physical area that can include a series of geographical locations in close proximity to one another.Note: Examples of single sites include factories, mills and a network of mines in close proximity.
sludge biogas means the gas derived from the anaerobic fermentation of biomass and solid waste from sewage and animal slurries and that is combusted to produce heat and electricity.
source has the same meaning as in the Measurement Determination.
sub‑bituminous coal means coal having a gross specific energy of:
(a) 19.00–23.99 megajoules per kilogram on an ash‑free moist basis; or
(b) if the crucible swelling number is 0 or 1/2—19.00–26.49 megajoules per kilogram on an ash‑free moist basis.
sulphite lyes means a fuel that is an alkaline spent liquor resulting from the production of sulphate or soda pulp during the manufacture of paper.
transport facility means a facility that is in an industry sector listed in subregulation 2.19(3).
United Nations Framework Convention on Climate Change orUNFCCC has the same meaning as it has in the Measurement Determination.
unprocessed natural gas means a substance that:
(a) is in a gaseous state at standard temperature and pressure; and
(b) consists of:
(i) naturally occurring hydrocarbons; or
(ii) a naturally occurring mixture of hydrocarbons and non‑hydrocarbons; and
(c) consists mainly of methane; and
(d) has not been injected into a natural gas transmission pipeline or natural gas distribution pipeline; and
(e) is not compressed natural gas, liquefied natural gas or coal seam methane.
waste mix types means any of the following:
(a) food;
(b) paper and paper board;
(c) textiles;
(d) garden and park;
(e) wood and wood waste;
(f) sludge;
(g) nappies;
(h) rubber and leather;
(i) inert waste (including concrete, metal, plastic and glass).
waxes means waxes that:
(a) are aliphatic hydrocarbons; and
(b) have a crystalline structure; and
(c) are colourless, odourless and translucent; and
(d) have a melting point above 45 degrees Celsius.
Note: A number of expressions used in these Regulations are defined in the Act, including the following:
(a) biodiversity audit;
(b) ERF audit;
(c) controlling corporation;
(d) foreign person;
(e) greenhouse and energy audit;
(f) greenhouse gas project;
(g) group;
(h) group entity;
(i) member;
(j) official of the Regulator;
(ja) person;
(k) Register;
(l) registered greenhouse and energy auditor;
(m) Regulator;
(ma) safeguard audit;
(n) subsidiary.
Part 2 Interpretation Division 2.1 Purpose of Part 2.01 Purpose of Part This Part contains regulations made for the purposes of Division 2 of Part 1 of the Act dealing with matters of interpretation.
Division 2.2 Section 7 definitions 2.01A Definition of business unit For section 7 of the Act,
business unit means a unit that is recognised by a registered corporation as having administrative responsibility for one or more facilities of the corporation.2.02 Definition of carbon dioxide equivalence – values specified for determining carbon dioxide equivalence For the definition of
carbon dioxide equivalence in section 7 of the Act, the value specified in relation to a kind of greenhouse gas is the value specified as the Global Warming Potential for that greenhouse gas mentioned in an item of the following table.
Values specified for determining carbon dioxide equivalence
Item
Greenhouse gas
Chemical formula
Global Warming Potential (GWP) 1
Carbon dioxide
CO
2 1
2
Methane
CH
4 28
3
Nitrous oxide
N
2 O265
4
Sulphur hexafluoride
SF
6 23,500
5
HFC‑23
CHF
3 12,400
6
HFC‑32
CH
2 F2 677
7
HFC‑41
CH
3 F2 116
8
HFC‑43‑10mee
C
5 H2 F10 1,650
9
HFC‑125
C
2 HF5 3,170
10
HFC‑134
C
2 H2 F4 (CHF2 CHF2 )1,120
11
HFC‑134a
C
2 H2 F4 (CH2 FCF3 )1,300
12
HFC‑143
C
2 H3 F3 (CHF2 CH2 F)328
13
HFC‑143a
C
2 H3 F3 (CF3 CH3 )4,800
14
HFC‑152a
C
2 H4 F2 (CH3 CHF2 )138
15
HFC‑227ea
C
3 HF7 3,350
16
HFC‑236fa
C
3 H2 F6 8,060
17
HFC‑245ca
C
3 H3 F5 716
18
Perfluoromethane (tetrafluoromethane)
CF
4 6,630
19
Perfluoroethane (hexafluoroethane)
C
2 F6 11,100
20
Perfluoropropane
C
3 F8 8,900
21
Perfluorobutane
C
4 F10 9,200
22
Perfluorocyclobutane
c‑C
4 F8 9,540
23
Perfluoropentane
C
5 F12 8,550
24
Perfluorohexane
C
6 F14 7,910
Note 1: Global Warming Potential (also known as GWP) is defined in the Glossary published by the UNFCCC as an index representing the combined effect of the differing times greenhouse gases remain in the atmosphere and their relative effectiveness in absorbing outgoing infrared radiation.
Note 2: The Global Warming Potential figures in the above table represent the findings published by the Intergovernmental Panel on Climate Change in its Fifth Assessment Report. The Fifth Assessment Report could in 2020 be viewed on the Intergovernmental Panel’s website ( level="5">
2.03 Definition of energy – specified fuel and other energy commodities For the definition of
energy in section 7 of the Act, the kinds of fuels and other energy commodities listed in Schedule 1 are specified.2.06 Definition of industry sector For section 7 of the Act,
industry sector means an ANZSIC industry classification and code mentioned in an item in Schedule 2.Division 2.4 Facilities: section 9 Subdivision 2.4.1 General 2.14 Meaning of overall control
(1) A person has
overall control in relation to an activity or series of activities (including ancillary activities) if the person has the authority to introduce and implement any or all of the following for the activity or series of activities:
(a) operating policies;
(b) health and safety policies;
(c) environmental policies.
(2) If more than one person could satisfy subregulation (1) at any one time, then the person that has the greatest authority to introduce and implement the policies mentioned in paragraphs (1)(a) and (c) is taken, for the purposes of these Regulations, to have
overall control in relation to the activity or series of activities (including ancillary activities).Subdivision 2.4.2 Circumstances in which an activity or activities will form part of a single undertaking or enterprise 2.15 Purpose of Subdivision For paragraph 9(4)(a) of the Act, this Subdivision specifies the circumstances in which an activity, or a series of activities, will form part of a single undertaking or enterprise for the purposes of paragraph 9(1)(a) of the Act.
2.16 Forming part of a single undertaking or enterprise – activities at a single site
(1) Activities that together produce one or more products or services (the
primary production process) will form part of a single undertaking or enterprise if the activities occur at a single site.(2) If there is another activity or series of activities (the
other production process ) that:
(a) is under the overall control of the person that has overall control of the primary production process; and
(b) produces one or more other products or services for the primary production process (which are not used solely in the primary production process);
then as long as that other production process occurs at the same site as the primary production process, all of the activities in the primary production process and the other production process will form part of a single undertaking or enterprise.
2.17 Forming part of a single undertaking or enterprise – listed activity at different site
(1) This regulation applies to a listed activity in a series of activities if the listed activity:
(a) is at a different site to the series of activities; and
(b) is at a site in the same State or Territory as the series of activities; and
(c) is under the overall control of the same person that has overall control of the series of activities.
(2) Subject to regulation 2.18A, the person with overall control of the listed activity and the series of activities must identify the activity (if any) in the series to which the listed activity is ancillary.
(3) If the person makes an identification under subregulation (2), the person must record that decision.
(4) If the person identifies an activity in the series to which the listed activity is ancillary and complies with subregulation (3), the listed activity will form part of a single undertaking or enterprise with the identified activity.
(5) If the person does not identify an activity in the series to which the listed activity is ancillary, the listed activity will itself form part of a single undertaking or enterprise.
2.18 Forming part of a single undertaking or enterprise – listed activity for more than one single undertaking or enterprise
(1) This regulation applies if:
(a) a particular listed activity is in more than one series of activities; and
(b) the listed activity is at a different site to each of the series of activities; and
(c) each of the series of activities is under the overall control of the same person; and
(d) each of the series of activities is in the same State or Territory.
(2) Subject to regulation 2.18A, the person with overall control of the listed activity and each of the series of activities must identify the activity (if any) in each of the series of activities to which the listed activity is ancillary.
(3) The identification may be one of the following:
(a) that the listed activity is ancillary to an activity in only one of the series of activities;
(b) that the listed activity is ancillary to an activity in more than one of the series of activities;
(c) that the listed activity is not ancillary to any activities in any of the series of activities.
(4) If the person identifies that the listed activity is ancillary to an activity in only one of the series of activities or is not ancillary to any activities in any of the series of activities, the person must record that decision.
(5) If the person identifies that the listed activity is ancillary to an activity in more than one of the series of activities, the person must:
(a) record that decision; and
(b) record the proportion of the listed activity that is attributed to the activities in each of the series of activities.
(6) If the person complies with subregulations (2) and (3), and subregulation (4) or (5) (as applicable), in relation to the listed activity then:
(a) if the person has identified that the listed activity is ancillary to an activity in only one of the series of activities—the listed activity will form part of a single undertaking or enterprise with the series of activities; and
(b) if the person has identified that the listed activity is ancillary to an activity in more than one of the series of activities—the listed activity will form part of each of the single undertakings or enterprises comprising the relevant series of activities in the proportions specified in the identification; and
(c) if the person has identified that the listed activity is not ancillary to any activities in any of the series of activities—the listed activity will form part of a single undertaking or enterprise separate to the undertakings or enterprises of which each of the series of activities form part.
2.18A Forming part of a single undertaking or enterprise – prohibited purposes A person must not identify an activity under subregulation 2.17(2) or 2.18(2) if it could reasonably be concluded that a substantial reason for identifying the activity is:
(a) to achieve the result that a facility does not come within the definition of
designated large facility under the Act, whether or not the facility currently comes within that definition, or has done so in the past; or(b) to reallocate an amount of covered emissions of greenhouse gases from the operation of a designated large facility to another facility which is not a designated large facility.
2.19 Forming part of a single undertaking or enterprise – transport sector activities
(1) If:
(a) an activity that is the principal activity in a series of activities is attributable to one of the industry sectors mentioned in subregulation (3); and
(b) the activity and any ancillary activities to it are under the overall control of the same person; and
(c) if no nomination has been made under regulation 2.19A for the activity to be attributable at a national level—the activity is attributable to a single State or Territory;
then all of the activities will form part of the same single undertaking or enterprise.
(2) In this regulation, an activity is
attributable to a single State or Territory if fuel to be consumed in carrying out the activity is purchased in the State or Territory.(3) For this regulation, the industry sectors are as follows:
(a) Air and space transport (490);
(b) Postal and courier pick‑up and delivery services (510);
(c) Rail freight transport (471);
(d) Rail passenger transport (472);
(e) Road freight transport (461);
(f) Road passenger transport (462);
(g) Scenic and sightseeing transport (501);
(h) Waste collection services (291);
(i) Water freight transport (481);
(j) Water passenger transport (482).
(4) In this regulation,
principal activity in relation to a series of activities, means the activity in the series of activities that:
(a) results in the production of a product or service that is produced for sale on the market; and
(b) produces the most value for the series out of any activities in the series.
2.19A Nominating national transport sector activities
Scope
(1) This regulation applies if the principal activity in a series of activities is attributable to one of the industry sectors mentioned in subregulation 2.19(3).
Nomination
(2) The person in overall control of the principal activity may, for any activity conducted on or after 1 July 2016, nominate the activity to be attributable at a national level instead of to a single State or Territory.
(3) A nomination covers any activity attributable to an industry sector to which the nomination relates:
(a) whether or not the activity is being conducted at the time of nomination, or when the nomination takes effect; and
(b) whether or not the activity is specified in the nomination.
(4) A nomination made under this regulation:
(a) takes effect from a 1 July specified in the nomination that is:
(i) later than the day the nomination is made; or
(ii) in the circumstances covered by subregulation (5)—the 1 July of the financial year in which the nomination is made; and
(b) cannot be revoked once made.
(5) The circumstances covered by this subregulation in relation to a nomination (the
later nomination ) are as follows:
(a) a nomination by another person has been in effect earlier in the financial year covering a principal activity (the
first principal activity );(b) that other person is no longer in overall control of the first principal activity;
(c) a person currently in overall control of the first principal activity, or of a part of the first principal activity, elects in the later nomination for the later nomination to take effect from the 1 July of the financial year in which it is made.
(6) The nomination must be in the form approved by the Regulator.
2.20 Forming part of a single undertaking or enterprise – electricity, gas etc activities
(1) If:
(a) an activity in a series of activities is in one of the industry sectors mentioned in subregulation (2); and
(b) the activity and any ancillary activities to it are under the overall control of the same person;
then all of the activities will form part of the same single undertaking or enterprise.
(2) For subregulation (1), the industry sectors are as follows:
(a) Electricity distribution (263);
(b) Electricity transmission (262);
(c) Gas supply (270);
(d) Pipeline and other transport (502);
(e) Telecommunications services (580);
(f) Water supply, sewerage and drainage services (281).
2.20A Forming part of a single undertaking or enterprise – multi‑site cement production activities
(1) If:
(a) a series of activities together produce cement (
cement production activities ); and(b) the cement produced by the cement production activities is covered by subsection 64(1) of Schedule 1 to the Safeguard Mechanism Rule; and
(c) the cement production activities occur at different sites; and
(d) a nomination is approved under regulation 2.20B in relation to the cement production activities;
then the cement production activities will form part of the same single undertaking or enterprise.
Note: Cement production activities that occur at a single site will form part of the same single undertaking or enterprise in accordance with regulation 2.16.
(2) For the purposes of paragraph (b), treat the cement production activities as if they were carried out at a facility.
2.20B Nominating multi‑site cement production activities
Scope
(1) This regulation applies if cement production activities occur at different sites.
Nomination
(2) The person with overall control in relation to the cement production activities may, for activities conducted on or after 1 July 2023, nominate the cement production activities at different sites that are to form part of the same single undertaking or enterprise.
(3) The Regulator must approve the nomination if the Regulator is satisfied that:
(a) all the activities at thedifferent sites listed in the nomination are cement production activities; and
(b) if the person who made the nomination has overall control in relation to the cement production activities in accordance with subregulation 2.14(2)—all the other persons who could have satisfied subregulation 2.14(1) at the time the nomination was made have indicated their agreement with the nomination.
When nomination is in effect
(4) A nomination approved under this regulation takes effect on:
(a) the 1 July of the financial year in which the nomination is approved; or
(b) in the circumstances covered by subregulation (5)—the day on which the later nomination is approved.
(5) The circumstances covered by this subregulation in relation to a nomination (the
later nomination ) are as follows:
(a) a nomination by another person (the
earlier nomination ) has been in effect in relation to cement production activities;(b) that other person no longer has overall control in relation to the cement production activities;
(c) a person currently with overall control in relation to the cement production activities makes the later nomination;
(d) the later nomination is approved.
(6) A nomination approved under this regulation ceases to have effect:
(a) on the day the Regulator revokes the nomination or such other day as specified in the revocation request (if any); or
(b) for the earlier nomination in the circumstances covered by subregulation (5)—at the end of the day before the day the later nomination is approved.
Revoking an approved nomination
(7) The Regulator must revoke a nomination approved under this regulation if the person who made the nomination requests the Regulator revoke the nomination.
(8) The Regulator may revoke a nomination approved under this regulation if:
(a) the Regulator becomes aware of circumstances relating to the cement production activities or sites listed in the nomination; and
(b) as a result of those circumstances, the Regulator is no longer satisfied of the matters in subregulation (3); and
(c) the person who made the nomination has not made a request to vary or revoke the nomination within 60 days of those circumstances occurring.
(9) The Regulator may also revoke a nomination approved under this regulation if:
(a) the Regulator becomes aware that the person who made the nomination no longer has overall control in relation to the cement production activities listed in the nomination; and
(b) within 60 days of that person ceasing to have overall control in relation to the cement production activities:
(i) that person has not made a request to revoke the nomination; or
(ii) a person with overall control in relation to the activities has not made a new nomination in relation to the activities.
Varying an approved nomination
(10) The person who made a nomination approved under this regulation may request the Regulator to vary the nomination in relation to the cement production activities or sites that are to form part of the same single undertaking or enterprise.
(11) The Regulator must approve the variation request if the Regulator is satisfied that:
(a) all the activities at thedifferent sites listed in the request are cement production activities; and
(b) if the person who made the nomination has overall control in relation to the cement production activities in accordance with subregulation 2.14(2)—all the other persons who could satisfy subregulation 2.14(1) at the time the request is made have indicated their agreement with the variation.
(12) The variation takes effect on the day the Regulator approves the variation or such other day as specified in the variation request (if any).
Requirements for nomination or request for variation or revocation
(13) A nomination, or a request for variation or revocation of a nomination, under this regulation must:
(a) be made to the Regulator; and
(b) be in the form approved by the Regulator.
For paragraph 9(4)(b) of the Act, this Subdivision specifies what activities that form part of a single undertaking or enterprise must be attributed to a particular industry sector for the purposes of paragraph 9(1)(a) of the Act.
(1) If, under Subdivision 2.4.2, activities will form part of a single undertaking or enterprise, then unless subregulation (3) applies, all of the activities are attributable to the particular industry sector that the principal activity for the undertaking or enterprise is attributable to.
(2) The person with overall control of the activities must identify which industry sector mentioned in Schedule 2 that the principal activity is attributable to.
(3) If:
(a) there is a principal activity in a series of activities that form part of a single undertaking or enterprise; and
(b) the single undertaking or enterprise involves construction of infrastructure for the purpose of another activity being undertaken in the future (the
future activity ) as part of that single undertaking or enterprise; and(c) the principal activity and the future activity are under the overall control of one person;
then, all of the activities that will, under Subdivision 2.4.2, form part of the single undertaking or enterprise are attributable to the same particular industry sector as the future activity.
(4) If the person identifies an industry sector under either subregulation (1) or (3), the person must record that fact.
(5) In this regulation,
principal activity in relation to a single undertaking or enterprise means the activity that:
(a) results in the production of a product or service that is produced for sale on the market; and
(b) produces the most value for the single undertaking or enterprise out of any of the activities forming part of the single undertaking or enterprise.
For paragraph 10(1)(a) of the Act,
scope 1 emission of greenhouse gas, in relation to a facility, means the release of greenhouse gas into the atmosphere as a direct result of an activity or series of activities (including ancillary activities) that constitute the facility.
For paragraph 10(1)(aa) of the Act,
scope 2 emission of greenhouse gas, in relation to a facility, means the release of greenhouse gas into the atmosphere as a direct result of one or more activities that generate electricity, heating, cooling or steam that is consumed by the facility but that do not form part of the facility.
For paragraph 10(1)(e) of the Act,
production of energy, in relation to a facility, means either of the following:
(a) the extraction or capture of energy from natural sources for final consumption by or from the operation of the facility or for use other than in the operation of the facility;
(b) the manufacture of energy by the conversion of energy from one form to another form for final consumption by or from the operation of the facility or for use other than in the operation of the facility.
For paragraph 10(1)(f) of the Act,
consumption of energy, in relation to a facility, means the use or disposal of energy from the operation of the facility, including own‑use and losses in extraction, production and transmission.
For paragraphs 11B(3)(c) and 11C(3)(c) of the Act, this Division specifies information to accompany nominations.
(1) This regulation applies if a person or trustee is nominated to have operational control over a facility under subsection 11B(2) or 11C(2) of the Act.
(2) The nomination must be accompanied by the following information:
(a) the day on which the nomination is to come into force;
(b) the day on which the nomination is to end;
(c) a statement about whether the nomination replaces an existing nomination;
(d) the identifying information for the nominee;
(e) whether the nominee is nominated for section 11B or 11C of the Act;
(f) a statement about whether the nominee is:
(i) a Chapter 5 body corporate; or
(ii) insolvent under administration;
(g) the identifying information for the facility.
(3) If the nomination is made under subsection 11B(2) of the Act, the nomination must also be accompanied by the following information:
(a) a statement from each of the other persons who satisfies paragraph 11(1)(a) of the Act in relation to the facility for the relevant period that the person consents to the nomination of the nominee;
(b) for each of the persons mentioned in paragraph (a)—the following:
(i) if the identifying information for the person has not previously been given to the Regulator—that identifying information;
(ii) if the identifying information for the person has previously been given to the Regulator—the following:
(A) the person’s name, postal address and identifying details (if any);
(B) the name, position, telephone number, email address and postal address of a contact person for the person;
(c) if the nominee is a foreign person—a statement that all of the persons mentioned in paragraph (a) are also foreign persons;
(d) a statement that the facility passes the eligible nomination test in subsection 11B(1) of the Act, because:
(i) each of the persons that made the nomination could satisfy paragraph 11(1)(a) of the Act in relation to the facility; and
(ii) no particular person has the greatest authority to introduce and implement the policies mentioned in paragraph 11(1)(a) of the Act; and
(iii) no declaration under section 55 or 55A of the Act applies in relation to the facility.
(4) If the nomination is made under subsection 11C(2) of the Act, the nomination must also be accompanied by the following information:
(a) a statement that each of the other trustees in relation to the facility for the relevant period consents to the nomination of the nominee;
(b) for each of the trustees mentioned in paragraph (a)—the following:
(i) the trustee’s name, postal address and identifying details (if any);
(ii) the name, position, telephone number, email address and postal address of a contact person for the trustee;
(c) if the nominee is a foreign person—a statement that all of the trustees mentioned in paragraph (a) are also foreign persons;
(d) a statement that the facility passes the eligible nomination test in subsection 11C(1) of the Act, because:
(i) a trust has operational control of the facility; and
(ii) there are 2 or more trustees of the trust; and
(iii) no declaration under section 55 or 55A of the Act applies in relation to the facility.
This Part contains regulations made for the purposes of Part 2 of the Act dealing with registration.
(1) For paragraph 15(c) of the Act, an application under section 12 or 14 of the Act must contain the following information:
(a) a statement that the applicant is a controlling corporation;
(b) details of the applicant, including:
(i) its name (and any business name or trading name, if different); and
(iii) its identifying details; and
(iv) the street address of its head office; and
(v) the postal address of its head office; and
(vi) the name, position, telephone number, email address and postal address of a contact person for the applicant;
(c) details of at least one executive officer (or equivalent) of the applicant, including the officer’s name, telephone number and email address;
(d) the name of each affected group entity of the controlling corporation:
(i) for an application under section 12 of the Act—during the financial year for which the controlling corporation’s application is made; or
(ii) for an application under section 14 of the Act—that is undertaking or is proposing to undertake a greenhouse gas project to which the controlling corporation’s application relates;
(e) for each affected group entity mentioned in paragraph (d):
(i) the entity’s business name or trading name, if different from the entity’s name; and
(ii) the entity’s identifying details;
(g) if a personal identification number has been issued by the Regulator to the applicant—that number;
(h) if the applicant is a foreign person—details of a contact person in Australia, including the contact person’s name, telephone number, email address and postal address.
(2) In addition to the requirements in subregulation (1), an application under section 12 of the Act must include the financial year in relation to which the application is being made.
For the purposes of paragraph 15(d) of the Act, an application under section 12 or 14 of the Act must be signed by an executive officer of the controlling corporation.
(1) For paragraph 16(1)(b) of the Act, the Regulator must ensure that the following information is set out in the Register for each person registered under Division 3 or 4 of Part 2 of the Act:
(a) the registered person’s name, identifying details and trading name (if any);
(b) the section of the Act under which the person applied for registration;
(c) the reporting year for which the person was first registered;
(d) information about the person’s compliance with the Act, including information about:
(i) whether the person has been convicted of an offence under the Act; and
(ii) whether a court order has been made against the person for the contravention of a civil penalty provision in the Act;
(e) information about greenhouse and energy audits carried out in relation to the person, including information about:
(i) whether a greenhouse and energy audit has been carried out in relation to the person; and
(ii) the type of audit carried out; and
(iii) the name of the audit team leader appointed to carry out the audit; and
(iv) the findings of the audit.
(2) For paragraph 16(1)(b) of the Act, the Register must also set out the following for the controlling corporation of a group:
(a) if the controlling corporation has applied for registration under section 12 of the Act—the name of each affected group entity of the controlling corporation during the financial year for which the application is made;
(b) if the controlling corporation has applied for registration under section 14 of the Act—the name of each affected group entity of the controlling corporation that is undertaking or is proposing to undertake a greenhouse gas project to which the application relates;
(c) for each reporting year—the name, identifying details and trading name (if any) of each affected group entity of the controlling corporation, as set out in the controlling corporation’s report given to the Regulator for that year.
(1) For paragraph 18B(2)(c) of the Act, an application by a registered person to be deregistered must set out the following information:
(a) the identifying information for the applicant;
(h) a statement that the applicant does not hold a reporting transfer certificate;
(i) a statement that the applicant has complied with the applicant’s obligations under the Act;
(j) a statement that the applicant is not, and is not likely to be, a responsible emitter for a designated large facility for:
(i) the financial year in which the application is made; and
(ii) the 4 financial years following the financial year in which the application is made;
(k) if a personal identification number has been issued by the Regulator to the applicant—the applicant’s personal identification number.
(4) For paragraph 18B(2)(c) of the Act, an application by a registered corporation to be deregistered must also set out the following information:
(a) the identifying details of each affected member of the registered corporation’s group;
(b) a statement that the corporation’s group is unlikely to meet any of the thresholds under section 13 of the Act for:
(i) the financial year in which the application is made; and
(ii) the 2 financial years following the financial year in which the application is made;
(c) any relevant estimates of energy production, energy consumption, greenhouse gas emissions and emissions‑producing activities resulting from the corporation’s group.
(5) The application must also set out any relevant information or data that relates to information mentioned in paragraphs (1)(h) to (j) and (4)(b).
This Part contains regulations made for Parts 3, 3E and 3F of the Act dealing with reporting obligations.
For paragraphs 19(6)(c), 22G(2)(c) and 22X(4)(c) of the Act, this Division specifies information that must be set out in a report provided by a corporation to the Regulator under section 19, 22G or 22X of the Act for a reporting year in relation to one or more facilities of the corporation.
(1) The report must set out the identifying information for the controlling corporation, or group entity, providing the report.
(2) If the report is provided under section 19 of the Act, the report must also set out the following information about each entity that is a member of the corporation’s group and that has operational control over one or more of the facilities of the corporation:
(a) the member’s identifying details;
(b) if the member has a holding company incorporated in Australia—the identifying details of the holding company.
(2) The report must set out the following information for each facility of the corporation providing the report (other than a facility that is reported about in accordance with regulation 4.25 or 4.26):
(a) the name of the facility;
(b) the facility’s street address (if any);
(c) if the facility is not a transport facility, a network or pipeline facility or a multi‑site cement facility—the latitude and longitude of the site where the activities constituting the facility are undertaken;
(d) if the facility is not a network or pipeline facility or a multi‑site cement facility—the State or Territory to which the activities constituting the facility are attributable;
(e) if the facility is a network or pipeline facility or a multi‑site cement facility—the State or Territory in which the facility is located;
(f) if the facility:
(i) is a transport facility, a network or pipeline facility or a multi‑site cement facility; and
(ii) is not a single site facility; and
(iii) does not have a street address;
a brief description of the location of the facility, and the activities constituting the facility;
(g) the industry sector to which the activities constituting the facility are attributable;
(h) if a facility identification number has been issued by the Regulator for the facility—the facility identification number for the facility;
(i) a statement about whether the facility is a grid‑connected electricity generator.
Note for paragraph (e): A network or pipeline facility may be located in more than one State or Territory.
(3) If the report is provided under section 19 of the Act, the report must also set out the following information:
(a) a statement identifying the entity mentioned in subregulation 4.04(2) that has operational control of the facility;
(b) if that entity has operational control of the facility for only part of the reporting year—the number of days, and the dates, in the reporting year for which the entity has operational control of the facility.
(4) If:
(a)
the report is provided by a corporation under section 19 of the Act in relation to a facility; and
(b) a member of the corporation’s group is reporting about another facility under section 22X of the Act;
the report must state which member is reporting about that facility.
Note: See subsection 19(10) of the Act for rules about reporting under section 19 when a report under section 22X of the Act covers a facility.
(5) In this regulation:
facility identification number means a unique number issued by the Regulator to identify a particular facility which must be reported about under the Act.
(1A) For paragraphs 19(6)(c), 22G(2)(c) and 22X(4)(c) of the Act, this Division specifies information that must be set out in a report provided by a corporation to the Regulator under section 19, 22G or 22X of the Act for a reporting year in relation to one or more facilities of the corporation.
(1) This Division applies in relation to a report provided to the Regulator under:
(a) section 22G or 22X of the Act; or
(b) under section 19 of the Act if:
(i) the corporation’s group meets a threshold in paragraph 13(1)(a), (b) or (c) of the Act during the reporting year; or
(ii) the corporation’s group meets a threshold only in paragraph 13(1)(d) of the Act during the reporting year.
(2) If this Division applies in relation to the circumstances mentioned in subparagraph (1)(b)(ii), it applies only in relation to the facility that, during the year, causes a thing mentioned in paragraph 13(1)(d) of the Act.
(1) This regulation applies in relation to scope 1 emissions from the operation of a facility of the corporation, if those emissions result from fuel combustion.
Note: Fuel combustion is a source.
(2) The report must include information for the facility in relation to emissions from the fuel combustion during the reporting year and must identify:
(a) the amount of each greenhouse gas that is emitted during the year, in CO
2 ‑e; and(b) the total amount of greenhouse gas emitted from the combustion of each fuel during the year, in CO
2 ‑e; and(c) the energy content factor that the person used to measure the amount of each fuel combusted in the facility during the year; and
(ca) the methods in the Measurement Determination used to estimate the emissions from the fuel combustion; and
(cb) the matters set out in each item of the table in Part 1A of Schedule 4 to the Measurement Determination that covers a method used to estimate the emissions from the fuel combustion; and
(d) if Method 2, 3 or 4 in the Measurement Determination is used to estimate the greenhouse gases emitted—the facility specific emission factor or factors used to estimate emissions from the combustion of each fuel during the year; and
(e) if Method 2 or 3 in the Measurement Determination is used to estimate the greenhouse gases emitted from the combustion of solid fossil fuels and coal based products—the percentage of carbon in that fuel type, as received by the facility or as combusted from the operation of the facility during the year.
(3) This regulation does not apply to the combustion of international bunker fuel for transport.
(1) This regulation applies in relation to emissions from the combustion of an energy type at a facility during a reporting year if the scope 1 emissions from the combustion have a carbon dioxide equivalence of 25 kilotonnes or more during the year.
(2) The report must include the amount of uncertainty associated with the estimate for the total amount of scope 1 emissions from the combustion of that energy type.
Note: For how the uncertainty of estimates is to be assessed, see Chapter 8 of the Measurement Determination.
(3) This regulation does not apply to the combustion of international bunker fuel for transport.
This Subdivision applies in relation to scope 1 emissions from the operation of a facility of the corporation.
(1) This regulation applies in relation to emissions during the reporting year from a source that is mentioned in Part 1 of Schedule 4 to the Measurement Determination.
(3) The report must include information for the facility in relation to emissions from the source during the year, and must identify:
(a) the type of the source; and
(b) the methods in the Measurement Determination used to estimate the emissions from the source; and
(c) the matters set out in each item that:
(i) is an item of a table for the source in Part 1 of Schedule 4 to the Measurement Determination; and
(ii) covers a method used to estimate the emissions from the source; and
(d) if one or more greenhouse gases is emitted from the source during the reporting year—the amount of each greenhouse gas that is emitted, in CO
2 ‑e; and(e) the total amount of greenhouse gas emitted from the source, in CO
2 ‑e.
(1) This regulation applies in relation to emissions during the reporting year from a source that is mentioned in Part 2 of Schedule 4 to the Measurement Determination.
(2) The report must include information for the facility in relation to emissions from the source during the year, and must identify:
(a) the type of the source; and
(b) the methods in the Measurement Determination used to estimate the emissions from the source; and
(c) the matters set out in each item that:
(i) is an item of a table for the source in Part 2 of Schedule 4 to the Measurement Determination; and
(ii) covers a method used to estimate the emissions from the source; and
(d) if one or more greenhouse gases is emitted from the source during the reporting year—the amount of each greenhouse gas that is emitted, in CO
2 ‑e; and(e) the total amount of greenhouse gas emitted from the source, in CO
2 ‑e.
(1) This regulation applies if the operation of a facility of the corporation is a carbon capture and storage source during a reporting year.
(2) The report must include the following information for the facility for the year:
(a) the opening stock of stored greenhouse gases;
(b) the amount of greenhouse gases captured for storage;
(c) the amount of greenhouse gases imported for storage;
(d) the amount of greenhouse gases injected at storage sites;
(e) the closing stock of stored greenhouse gases.
(3) The report must include the following information about emissions from the operation of the facility during the year:
(a) the amount of emissions that occurred during the transportation of greenhouse gases to the storage site;
(b) the amount of emissions that occurred when greenhouse gases were being injected into the storage site;
(c) the amount of emissions from the storage site;
(d) the type of the source of the emissions;
(e) the methods in the Measurement Determination used to estimate the emissions from the source;
(f) the total amount of greenhouse gases emitted from the source, in CO
2 ‑e.
(1) This regulation applies in relation to emissions during the reporting year from a source mentioned in Part 3 of Schedule 4 to the Measurement Determination.
(2) The report must include information for the facility in relation to emissions from the source during the year, and must identify:
(a) the type of the source; and
(b) the criteria in the Measurement Determination used to estimate the amount of carbonate inputs and outputs for the source; and
(c) the methods in the Measurement Determination used to estimate the emissions from the source; and
(d) the matters set out in each item that:
(i) is an item of a table for the source in Part 3 of Schedule 4 to the Measurement Determination; and
(ii) covers a method used to estimate the emissions from the source; and
(e) if one or more greenhouse gases is emitted from the source during the reporting year—the amount of each greenhouse gas that is emitted, in CO
2 ‑e; and(f) the total amount of greenhouse gas emitted from the source, in CO
2 ‑e.
(1) This regulation applies in relation to emissions during a reporting year from a source mentioned in Part 4 of Schedule 4 to the Measurement Determination.
(2) The report must include information for the facility in relation to emissions from the source during the year, and must identify:
(a) the type of the source; and
(b) the criteria in the Measurement Determination used to estimate the amount of fuel consumption for the source; and
(c) the methods in the Measurement Determination used to estimate the industrial process emissions from the source; and
(d) the matters set out in each item that:
(i) is an item of a table for the source in Part 4 of Schedule 4 to the Measurement Determination; and
(ii) covers a method used to estimate the emissions from the source; and
(e) if one or more greenhouse gases is emitted from the source during the reporting year—the amount of each greenhouse gas that is emitted, in CO
2 ‑e; and(f) the total amount of greenhouse gas emitted from the source, in CO
2 ‑e.
(1) This regulation applies in relation to emissions during a reporting year from a source mentioned in Part 5 of Schedule 4 to the Measurement Determination.
(2) The report must include information for the facility in relation to emissions from the source during the year, and must identify:
(a) the type of the source; and
(b) the criteria in the Measurement Determination used to estimate the amount of fuel consumption for the source; and
(c) the methods in the Measurement Determination used to estimate the emissions from the source; and
(d) the matters set out in each item that:
(i) is an item of a table for the source in Part 5 of Schedule 4 to the Measurement Determination; and
(ii) covers a method used to estimate the emissions from the source; and
(e) if one or more greenhouse gases is emitted from the source during the reporting year—the amount of each greenhouse gas that is emitted, in CO
2 ‑e; and(f) the total amount of greenhouse gas emitted from the source, in CO
2 ‑e.
(1) This regulation applies in relation to emissions during a reporting year from the use of any of the following equipment:
(a) commercial air conditioning;
(b) commercial refrigeration;
(c) industrial refrigeration;
(d) gas insulated switch gear and circuit breaker applications;
if the use of the equipment meets the criteria for reporting emissions from the equipment in the Measurement Determination.
(2) The report must include information for the facility about:
(a) the hydrofluorocarbons and sulphur hexafluoride emitted from using the equipment during the year; and`
(b) the amount of the stock of hydrofluorocarbons or sulphur hexafluoride contained in the equipment by each equipment type mentioned in the Measurement Determination during a year measured in CO
2 ‑e tonnes.
(1) This regulation applies in relation to the emissions during a reporting year from a source mentioned in Part 6 of Schedule 4 to the Measurement Determination.
(2) The report must include information for the facility in relation to emissions from the source during the year, and must identify:
(a) the type of the source; and
(b) if criteria specified in the Measurement Determination are used to estimate the amount of waste in relation to the source—the criteria; and
(c) the methods in the Measurement Determination used to estimate the emissions from the source; and
(d) the matters set out in each item that:
(i) is an item of a table for the source in Part 6 of Schedule 4 to the Measurement Determination; and
(ii) covers a method used to estimate the emissions from the source; and
(e) if one or more greenhouse gases is emitted from the source during the reporting year—the amount of each greenhouse gas that is emitted, in CO
2 ‑e; and(f) the total amount of greenhouse gas emitted from the source, in CO
2 ‑e.
(1) This regulation:
(a) applies in relation to a source at a facility if the scope 1 emissions for the source are equivalent to 25 kilotonnes or more of carbon dioxide during the year; and
(c) does not apply in relation to fuel combustion.
(2) The report must include, for each source mentioned in paragraph (1)(a), the amount of uncertainty associated with the estimate for the total amount of scope 1 emissions from the source.
Note: For how the uncertainty of estimates is to be assessed, see Chapter 8 of the Measurement Determination.
(1) This regulation applies in relation to scope 2 emissions from the operation of a facility of the corporation.
Note: Chapter 7 of the Measurement Determination deals with scope 2 emissions.
(2) The report must include information for the facility in relation to scope 2 emissions that are emitted during the reporting year from the operation of the facility, and must identify:
(a) the methods in the Measurement Determination used to estimate the scope 2 emissions; and
(b) the matters set out in each item of the table in Part 7 of Schedule 4 to the Measurement Determination that covers a method used to estimate the scope 2 emissions; and
(c) the amount of scope 2 emissions that are emitted during the year, in CO
2 ‑e.
This Subdivision applies if the operation of a facility of the corporation produces energy during a reporting year.
(1) If the operation of a facility of the corporation produces energy during the reporting year, the report must include information for the facility identifying the amount and energy content of the energy type produced during the reporting year.
(2) However, the report need not include information relating to electricity produced by a generating unit that:
(a) does not have the capacity to produce 0.5 megawatts or more of electricity; or
(b) generates 100 000 kilowatt hours or less of electricity in the reporting year.
(1A) This regulation applies if the operation of a facility of the corporation produces electricity during the reporting year.
(1) The report must include information for the facility identifying whether the electricity was produced during the reporting year using:
(a) thermal generation; or
(b) geothermal generation; or
(c) solar generation; or
(d) wind generation; or
(e) water generation; or
(f) biogas generation.
(2) The report must identify the amount and energy content of the electricity that was produced from the operation of the facility during the reporting year, using one or more of the methods mentioned in subregulation (1), for each of the following purposes:
(a) for use for the purposes of the operation of the facility;
(b) for use outside the operation of the facility other than for supply to an electricity transmission or distribution network;
(c) for use outside the operation of the facility for supply to an electricity transmission or distribution network.
Note 1: Energy content must be reported in gigajoules, in accordance with Chapter 6 of the Measurement Determination.
Note 2: The electricity transmission or distribution networks mentioned in paragraphs (2)(b) and (c) may be connected to the main electricity grid in a State or Territory, or to another electricity grid.
(3) However, the report need not include information relating to electricity produced by a generating unit that:
(a) does not have the capacity to produce 0.5 megawatts or more of electricity; or
(b) generates 100 000 kilowatt hours or less of electricity in the reporting year.
This Subdivision applies if the operation of a facility of the corporation consumes energy during a reporting year.
(1) If the operation of a facility of the corporation consumes energy during a reporting year, the corporation must include in its report for the facility information identifying, separately:
(a) the amount and energy content of the energy type consumed by means of combustion for:
(i) producing electricity in generating units each of which has the capacity to produce 0.5 megawatts or more of electricity and each of which generates more than 100 000 kilowatt hours of electricity in a reporting year; and
(ii) producing a chemical product or metal product; and
(iii) transport, other than transport that involves the consumption of international bunker fuel; and
(iv) a purpose other than a purpose mentioned in subparagraphs (i) or (ii) or transport; and
(b) the amount and energy content of the energy type consumed by a means other than combustion, if that amount:
(i) exceeds the reporting thresholds mentioned in the Measurement Determination for this paragraph; and
(ii) is not reported under paragraph (a) or subregulation (2) or (3); and
(c) the criteria in the Measurement Determination used to estimate the amount and energy content of the energy type consumed; and
(d) the methods in the Measurement Determination used to estimate greenhouse gas emissions from the consumption of the energy; and
(e) the facility’s net energy consumption, worked out under regulation 5.03.
(2) If the energy is consumed to produce a mineral, chemical or metal product during a year, the report for the facility must identify the amount and energy content of the energy type consumed during the year:
(a) for its carbon content in a chemical process; or
(b) as feedstock.
(3) If the energy is consumed to produce a chemical product containing carbon during a year, the report for the facility must include information identifying the amount and energy content of the energy type consumed in the production of the product during the year.
Note: Energy content must be reported in gigajoules, in accordance with Chapter 6 of the Measurement Determination.
(1) This regulation applies if the operation of a facility of the corporation during the reporting year:
(a) consumes energy, other than electricity, and the energy is consumed in a cogeneration process; and
(b) has the capacity to produce 30 megawatts of electricity; and
(c) produces more than 30 gigawatt hours of electricity.
(2) The report for the facility must identify the amount and energy content of the energy type consumed to produce the electricity and the other product during the year.
(3) For identifying in the report for the facility the amount and energy content of the energy type consumed to produce electricity and the other product, the method mentioned in the Measurement Determination for this purpose must be used.
Note: Energy content must be reported in gigajoules, in accordance with Chapter 6 of the Measurement Determination.
(1) This regulation applies if the operation of the facility produces fuel or an energy commodity that:
(a) is mentioned in Schedule 1; and
(b) is not classified in that Schedule as being a primary or secondary fuel or energy commodity.
(3) The report must state whether the corporation nominates the fuel to be a primary fuel or energy commodity or a secondary fuel or energy commodity.
For the purposes of paragraphs 19(6)(c), 22G(2)(c) and 22X(4)(c) of the Act, this Division specifies information that must be set out in a report provided by a corporation to the Regulator under section 19, 22G or 22X of the Act for a reporting year, or part of a reporting year, in relation to one or more facilities of the corporation.
(1) This regulation applies in relation to a designated large facility or an eligible facility, other than a landfill facility, to which the report relates.
151 | 245 | Pump, compressor, heating and ventilation equipment manufacturing |
152 | 561 | Radio broadcasting |
153 | 471 | Rail freight transport |
154 | 472 | Rail passenger transport |
155 | 672 | Real estate services |
156 | 424 | Recreational goods retailing |
157 | 772 | Regulatory services |
158 | 954 | Religious services |
159 | 162 | Reproduction of recorded media |
160 | 301 | Residential building construction |
161 | 860 | Residential care services |
162 | 432 | Retail commission‑based buying and/or selling |
163 | 461 | Road freight transport |
164 | 462 | Road passenger transport |
165 | 501 | Scenic and sightseeing transport |
166 | 691 | Scientific research services |
167 | 112 | Seafood processing |
168 | 224 | Sheet metal product manufacturing (except metal structural & container products) |
169 | 542 | Software publishing |
170 | 412 | Specialised food retailing |
171 | 341 | Specialised industrial machinery and equipment wholesaling |
172 | 246 | Specialised machinery and equipment manufacturing |
173 | 911 | Sports and physical recreation activities |
174 | 752 | State government administration |
175 | 222 | Structural product manufacturing |
176 | 118 | Sugar confectionary manufacturing |
177 | 411 | Supermarket and grocery stores |
178 | 580 | Telecommunications services |
179 | 562 | Television broadcasting |
180 | 810 | Tertiary education |
181 | 131 | Textile manufacturing |
182 | 133 | Textile product manufacturing |
183 | 371 | Textile, clothing and footwear wholesaling |
184 | 333 | Timber and hardware goods wholesaling |
185 | 722 | Travel agency and tour arrangement services |
186 | 697 | Veterinary services |
187 | 530 | Warehousing and storage services |
188 | 291 | Waste collection services |
189 | 292 | Waste treatment, disposal and remediation services |
190 | 481 | Water freight transport |
191 | 482 | Water passenger transport |
192 | 281 | Water supply, sewerage and drainage services |
193 | 521 | Water transport support services |
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
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 (or will amend) the compiled law. The information includes commencement details for amending laws and details of any 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 (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
ad = added or inserted | orig = original |
am = amended | p = page(s) |
amdt = amendment | para = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
ch = Chapter(s) | pres = present |
cl = clause(s) | prev = previous |
cont. = continued | (prev…) = previously |
def = definition(s) | pt = Part(s) |
Dict = Dictionary | r = regulation(s)/Court rule(s) |
disallowed = disallowed by Parliament | reloc = relocated |
div = Division(s) | renum = renumbered |
ed = editorial change | rep = repealed |
exp = expires/expired or ceases/ceased to have | rs = repealed and substituted |
effect | s = section(s)/subsection(s) |
gaz = gazette | /rule(s)/subrule(s)/order(s)/suborder(s) |
LA = | sch = Schedule(s) |
LIA = | SLI = Select Legislative Instrument |
(md) = misdescribed amendment can be given | SR = Statutory Rules |
effect | sub ch = Sub‑Chapter(s) |
(md not incorp) = misdescribed amendment | sub div = Subdivision(s) |
cannot be given effect | sub pt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
Ord = Ordinance |
127, 2008 | 26 June 2008 (F2008L02230) | 1 July 2008 (r 1.02) | |
28, 2009 | 26 Feb 2009 (F2009L00711) | 15 Mar 2009 (r 2) | r 4 |
378, 2009 | 16 Dec 2009 (F2009L04573) | 17 Dec 2009 (r 2) | — |
115, 2011 | 30 June 2011 (F2011L01380) | r 1–3 and Sch 1: 1 July 2011 (r 2(a)) r 4: 1 July 2011 Remainder: 1 July 2012 r 2(b) | r 4 |
269, 2011 | 7 Dec 2011 (F2011L02584) | 8 Dec 2011 (r 2) | — |
33, 2012 | 23 Mar 2012 (F2012L00672) | Sch 3: 2 Apr 2012 (s 2) | — |
52, 2012 | 23 Apr 2012 (F2012L00911) | s 1–3 and Sch 1: 24 Apr 2012 (s 2(a)) Remainder: 1 July 2012 (s 2(b)) | — |
162, 2012 | 18 July 2012 (F2012L01575) | 19 July 2012 (s 2) | — |
104, 2013 | 5 June 2013 (F2013L00920) | 1 July 2013 (s 2) | — |
175, 2013 | 15 July 2013 (F2013L01391) | Sch 2: 1 July 2014 (s 2(1) item 3) Remainder: 16 July 2013 (s 2(1) items 1, 2) | — |
131, 2014 | 8 Sept 2014 (F2014L01200) | 9 Sept 2014 (s 2) | — |
44, 2015 | 20 Apr 2015 (F2015L00571) | 1 July 2015 (s 2) | — |
166, 2015 | 6 Oct 2015 (F2015L01634) | Sch 2: 1 July 2016 (s 2(1) item 3) Remainder: 7 Oct 2015 (s 2(1) items 1, 2) | — |
National Greenhouse and Energy Reporting Amendment (2016 Measures No. 1) Regulation 2016 | 9 May 2016 (F2016L00728) | Sch 1: 10 May 2016 (s 2(1) item 1) | — |
Corporations and Other Legislation Amendment (Insolvency Law Reform) Regulation 2016 | 13 Dec 2016 (F2016L01926) | Sch 1 (item 48): 1 Mar 2017 (s 2(1) item 2) | — |
National Greenhouse and Energy Reporting Amendment (Reporting Obligations) Regulations 2018 | 25 June 2018 (F2018L00873) | 1 July 2018 (s 2(1) item 1) | — |
National Greenhouse and Energy Reporting Amendment (2019 Measures No. 1) Regulations 2019 | 21 Oct 2019 (F2019L01349) | 22 Oct 2019 (s 2(1) item 1) | — |
National Greenhouse and Energy Reporting Amendment (2020 Measures No. 1) Regulations 2020 | 29 June 2020 (F2020L00828) | 1 July 2020 (s 2(1) item 1) | — |
National Greenhouse and Energy Reporting Amendment (2021 Measures No. 1) Regulations 2021 | 25 June 2021 (F2021L00840) | 1 July 2021 (s 2(1) item 1) | — |
National Greenhouse and Energy Reporting Amendment (Biomethane and Tyre Fuel Types) Regulations 2022 | 24 June 2022 (F2022L00824) | 1 July 2022 (s 2(1) item 1) | — |
Energy Legislation Amendment (Information Requirements) Regulations 2023 | 28 Apr 2023 (F2023L00506) | Sch 1 (items 22–32): 29 Apr 2023 (s 2(1) item 1) | — |
Safeguard Mechanism Legislation Amendment (2023 Measures No. 1) Regulations 2023 | 26 May 2023 (F2023L00620) | Sch 1 and 3: 1 July 2023 (s 2(1) items 2, 4) Sch 2 (item 5): 27 May 2023 (s 2(1) item 3) | — |
National Greenhouse and Energy Reporting Amendment (2023 Measures No. 1) Regulations 2023 | 22 June 2023 (F2023L00833) | Sch 1 and 2: 1 July 2023 (s 2(1) items 2, 3) | — |
Treasury Laws Amendment (ALRC Financial Services Interim Report) Regulations 2023 | 31 Oct 2023 (F2023L01458) | Sch 3 (item 6): 1 Nov 2023 (s 2(1) item 1) | — |
Statute Law Amendment (Prescribed Forms) Regulations 2024 | 15 Mar 2024 (F2024L00294) | Sch 1 (items 30–35): 20 Mar 2024 (s 2(1) item 1) | — |
National Greenhouse and Energy Reporting Amendment (2024 Measures No. 1) Regulations 2024 | 21 June 2024 (F2024L00733) | 22 June 2024 (s 2(1) item 1) | — |
Administrative Review Tribunal Legislation Consequential Amendments (2024 Measures No. 1) Regulations 2024 | 11 Oct 2024 (F2024L01299) | sch 3 (items 16, 17): 14 Oct 2024 (s 2(1) item 1) | — |
National Greenhouse and Energy Reporting Amendment (2025 Measures No. 1) Regulations 2025 | 27 June 2025 (F2025L00768) | 28 June 2025 (s 2(1) item 1) | — |
National Greenhouse and Energy Reporting Amendment (Audits and Other Matters) Regulations 2025 | 23 Oct 2025 (F2025L01266) | sch 1: 24 Oct 2025 (s 2(1) item 2) sch 2: | — |
r 1.02......................................... | rep LA s 48D |
r 1.03......................................... | am No 28, 2009; No 378, 2009; No 115, 2011; No 269, 2011; No 33, 2012; No 52, 2012; No 162, 2012; No 104, 2013; No 175, 2013; No 131, 2014; No 44, 2015; No 166, 2015; F2016L00728 |
ed C17 | |
am F2018L00873; F2019L01349 | |
ed C19 | |
am F2021L00840; F2022L00824; F2023L00506; F2023L00620; F2023L00833; F2025L01266 | |
r 2.01A...................................... | ad 2009 No. 28 |
am 2012 No. 52; No 131, 2014 | |
r 2.02......................................... | rs 2009 No. 28 |
am 2012 No. 52; No 175, 2013; No 131, 2014 | |
rs No 44, 2015 | |
am F2020L00828 | |
r 2.04......................................... | rep 2012 No. 52 |
r 2.05......................................... | rep 2012 No. 52 |
r 2.07......................................... | rep 2012 No. 52 |
Division 2.3................................ | rep 2012 No. 52 |
r 2.08......................................... | am 2009 No. 28; 2012 No. 33 |
rep 2012 No. 52 | |
r 2.09......................................... | am 2009 No. 28; 2012 No. 33 |
rep 2012 No. 52 | |
r 2.10......................................... | am 2009 No. 28; 2012 No. 33 |
rep 2012 No. 52 | |
r 2.11......................................... | am 2009 No. 28; 2012 No. 33 |
rep 2012 No. 52 | |
r 2.12......................................... | am 2009 No. 28; 2012 No. 33 |
rep 2012 No. 52 | |
r 2.13......................................... | am 2009 No. 28; 2012 No. 33 |
rep 2012 No. 52 | |
r 2.13A...................................... | ad 2011 No. 115 |
rep 2012 No. 52 | |
r 2.14......................................... | am 2012 No. 52; No 131, 2014; No 166, 2015 |
r 2.16......................................... | am 2012 No. 52; No 131, 2014; No 166, 2015 |
r 2.17......................................... | am 2012 No. 52; No 131, 2014; No 166, 2015 |
r 2.18......................................... | rs 2009 No. 28 |
am 2012 No. 52; No 131, 2014; No 166, 2015 | |
r 2.18A...................................... | ad No 166, 2015 |
r 2.19......................................... | am 2012 No. 52; No 131, 2014; No 166, 2015 |
r 2.19A...................................... | ad No 166, 2015 |
am No 166, 2015 | |
r 2.20......................................... | am 2012 No. 52; No 131, 2014; No 166, 2015 |
r 2.20A...................................... | ad F2023L00620 |
r 2.20B....................................... | ad F2023L00620 |
r 2.22......................................... | am 2012 No. 52; No 131, 2014; No 166, 2015 |
Division 2.5................................ | rs 2012 No. 52 |
r 2.23......................................... | rs 2012 No. 52 |
r 2.24......................................... | ad 2012 No. 52 |
r 2.25......................................... | ad 2012 No. 52 |
r 2.26......................................... | ad 2012 No. 52 |
Division 2.6................................ | ad No 52, 2012 |
r 2.27......................................... | ad No 52, 2012 |
am No 162, 2012; No 131, 2014; No 166, 2015 | |
r 2.28......................................... | ad No 52, 2012 |
am No 162, 2012; No 131, 2014; No 166, 2015; F2016L01926 | |
r 2.29......................................... | ad No 52, 2012 |
rep No 162, 2012 | |
r 3.02......................................... | am 2009 No. 28; 2012 No. 52; No 131, 2014; No 166, 2015; F2023L00506 |
r 3.03......................................... | am No 28, 2009; No 33, 2012; No 52, 2012; No 131, 2014 |
rs F2024L00294 | |
r 3.03A...................................... | ad 2012 No. 52 |
am 2012 No. 162 | |
rep No 131, 2014 | |
Division 3.3................................ | rs 2012 No. 52 |
r 3.04......................................... | am 2009 Nos. 28 and 378; 2012 No. 33 |
rs 2012 No. 52 | |
am No 131, 2014; No 166, 2015 | |
Division 3.4................................ | rs 2012 No. 52 |
r 3.05......................................... | am 2009 No. 28; 2011 No. 115 |
rs 2012 No. 52 | |
am 2012 No. 162; No 131, 2014; No 166, 2015 | |
r 3.06......................................... | am 2009 No. 28; 2012 No. 33 |
rep 2012 No. 52 | |
Part 4 heading............................. | rs 2012 No. 52 |
r 4.01......................................... | rs 2012 No. 52 |
am No 131, 2014 | |
Division 4.2................................ | rs 2012 No. 52 |
rep No 131, 2014 | |
r 4.02......................................... | am 2012 No. 33 |
rs 2012 No. 52 | |
rep No 131, 2014 | |
Division 4.3 heading.................... | rs No 131, 2014 |
Division 4.3................................ | rs 2012 No. 52 |
r 4.03......................................... | rs 2012 No. 52; No 131, 2014 |
r 4.04......................................... | am 2009 No. 28; 2011 No. 115 |
rs 2012 No. 52 | |
am No 131, 2014 | |
r 4.04A...................................... | ad No 52, 2012 |
am No 131, 2014; No 166, 2015; F2023L00620 | |
Division 4.4 heading.................... | rs 2012 No. 52 |
Subdivision 4.4.1........................ | rs 2012 No. 52 |
r 4.05......................................... | rs 2012 No. 52 |
am No 131, 2014 | |
r 4.06......................................... | am 2009 No. 378 |
rs 2012 No. 52 | |
am 2012 No. 162 | |
rep No 131, 2014 | |
Subdivision 4.4.2 heading............ | rs 2009 No. 378; 2012 No. 52 |
Subdivision 4.4.2........................ | rs 2012 No. 52 |
r 4.07......................................... | rs No 378, 2009; No 52, 2012 |
am No 175, 2013; No 131, 2014; F2016L00728; F2024L00733 | |
r 4.08......................................... | rep 2009 No. 378 |
ad No 175, 2013 | |
am No 131, 2014;F2016L00728 | |
Subdivision 4.4.3........................ | rs 2012 No. 52 |
r 4.09......................................... | rs 2012 No. 52 |
am No 131, 2014 | |
r 4.10......................................... | am 2009 No. 378 |
rs 2012 No. 52 | |
am No 131, 2014; F2021L00840 | |
r 4.11......................................... | am 2009 No. 378 |
rs 2012 No. 52 | |
am No 131, 2014; F2021L00840 | |
r 4.12......................................... | am 2009 No. 378; 2012 No 52; No 131, 2014; No 44, 2015; F2016L00728 |
r 4.13......................................... | am 2009 No. 378; 2011 No. 115 |
rs 2012 No. 52 | |
am No 131, 2014; F2021L00840 | |
r 4.14......................................... | am 2009 No. 378; 2011 No. 115 |
rs 2012 No. 52 | |
am No 131, 2014; F2021L00840 | |
r 4.15......................................... | am 2009 No. 378; 2011 No. 115 |
rs 2012 No. 52 | |
am No 131, 2014; F2021L00840 | |
r 4.16......................................... | am 2009 No. 378; 2012 No. 52; No 131, 2014 |
r 4.17......................................... | am 2009 No. 378; 2011 No. 115 |
rs 2012 No. 52 | |
am No 175, 2013; No 131, 2014; No 166, 2015; F2021L00840 | |
r 4.17A...................................... | ad 2009 No. 378 |
rs 2012 No. 52; No 175, 2013 | |
am No 131, 2014 | |
Subdivision 4.4.3A...................... | ad F2023L00833 |
rs F2024L00733 | |
r 4.17B....................................... | ad F2023L00833 |
rs F2024L00733 | |
r 4.18......................................... | rs 2012 No. 52 |
am No 131, 2014 | |
r 4.19......................................... | am 2011 No. 115; 2012 No. 52; No. 104, 2013; No 131, 2014; F2016L00728 |
r 4.20......................................... | am 2009 Nos. 28 and 378; 2011 No. 115; 2012 No. 52; No 131, 2014; F2016L00728 |
r 4.21......................................... | rs 2012 No. 52 |
am No 131, 2014 | |
r 4.22......................................... | am 2009 No. 378; 2011 No. 115 |
rs 2012 No. 52 | |
am 2012 No. 162; No 175, 2013; No 131, 2014 | |
r 4.23......................................... | am 2009 No. 378; 2011 No. 115; 2012 No. 52; No 131, 2014 |
r 4.23A...................................... | ad 2012 No. 52 |
am No 131, 2014 | |
Division 4.4A............................. | ad F2019L01349 |
r 4.23B....................................... | ad F2019L01349 |
r 4.23C....................................... | ad F2019L01349 |
rs F2023L00620 | |
r 4.23D...................................... | ad F2019L01349 |
rep F2023L00620 | |
r 4.24......................................... | rs 2012 No. 52 |
am No 175, 2013; No 131, 2014 | |
r 4.25......................................... | am 2009 No. 28; 2011 No. 115; 2012 No. 52; No 175, 2013; No 131, 2014; F2016L00728 |
r 4.26......................................... | am 2009 No. 378; 2012 No. 52; No 175, 2013; No 131, 2014 |
r 4.27......................................... | am 2009 No. 378; 2012 No. 52; No 175, 2013; No 131, 2014 |
r 4.28......................................... | am 2012 No. 52; No 131, 2014 |
r 4.28A...................................... | ad F2023L00620 |
r 4.29......................................... | am 2009 No. 28; 2012 No. 52; No 175, 2013 |
rep No 175, 2013 | |
ad No 166, 2015 | |
r 4.30......................................... | rs 2009 No. 28 |
am 2012 No. 52; No 175, 2013; No 131, 2014 | |
rep No 131, 2014 | |
r. 4.31........................................ | am 2012 No. 52; No 131, 2014 |
r 4.31A...................................... | ad 2012 No. 52 |
r 4.32......................................... | rs 2012 No. 52 |
Division 4.6A............................. | ad 2012 No. 52 |
rep No 131, 2014 | |
r 4.32A...................................... | ad 2012 No. 52 |
rep No 131, 2014 | |
r 4.32B....................................... | ad 2012 No. 52 |
rep No 131, 2014 | |
r 4.32C....................................... | ad 2012 No. 52 |
rep No 131, 2014 | |
r 4.32D...................................... | ad 2012 No. 52 |
rep No 131, 2014 | |
r 4.32E....................................... | ad 2012 No. 52 |
rep No 131, 2014 | |
r 4.32F....................................... | ad 2012 No. 52 |
am Nos 104 and 175, 2013 | |
rep No 131, 2014 | |
r 4.32G...................................... | ad 2012 No. 52 |
rep No 131, 2014 | |
r 4.32H...................................... | ad 2012 No. 52 |
rep No 131, 2014 | |
r 4.32J........................................ | ad 2012 No. 52 |
am No. 104, 2013 | |
rep No 131, 2014 | |
r 4.32K...................................... | ad 2012 No. 52 |
am Nos 104 and 175, 2013 | |
rep No 131, 2014 | |
r 4.32L....................................... | ad 2012 No. 52 |
rs No. 104, 2013 | |
rep No 131, 2014 | |
r 4.32LA.................................... | ad No. 104, 2013 |
rep No 131, 2014 | |
r 4.32LB.................................... | ad No. 104, 2013 |
rep No 131, 2014 | |
r 4.32LC.................................... | ad No. 104, 2013 |
rep No 131, 2014 | |
r 4.32M...................................... | ad 2012 No. 52 |
rep No 131, 2014 | |
r 4.32N...................................... | ad 2012 No. 52 |
am No. 104, 2013 | |
rep No 131, 2014 | |
r 4.33......................................... | am No 28, 2009; No 115, 2011; No 33, 2012; No 52, 2012; F2024L00294 |
Division 4.8................................ | ad 2012 No. 52 |
r 4.34......................................... | ad 2012 No. 52 |
am No 131, 2014 | |
Part 4A...................................... | ad No 166, 2015 |
rep F2023L00620 | |
r 4A.01...................................... | ad No 166, 2015 |
rep F2023L00620 | |
Division 5.2................................ | rep F2025L01266 |
r 5.02......................................... | rs 2009 No. 28 |
am 2009 No. 378; 2011 Nos. 115 and 269; 2012 No. 52 | |
rep F2025L01266 | |
Division 5.3................................ | ad 2012 No. 52 |
Subhead to r 5.03(5).................... | rs No 131, 2014 |
r 5.03......................................... | ad 2012 No. 52 |
rs 2012 No. 162 | |
r 6.02......................................... | am 2009 No. 28; 2011 No. 115; 2012 Nos. 52 and 1622; No 131, 2014; No 166, 2015 |
r 6.03......................................... | am 2009 No. 28; 2011 No. 115 |
rs 2012 No. 52 | |
am 2012 No. 162; No 131, 2014; No 166, 2015 | |
Division 6.2A heading................. | ad 2012 No. 52 |
r 6.04......................................... |
ad No 28, 2009
am F2024L00294
r 6.04A......................................
ad 2012 No. 52
am 2012 No. 162
rep No 131, 2014
Division 6.3................................
ad 2009 No. 378
r 6.05.........................................
ad 2009 No. 378
r 6.06.........................................
ad 2009 No. 378
am 2011 No. 269; No 166, 2015; F2019L01349
r 6.07.........................................
ad 2009 No. 378
am 2011 No. 269; 2012 No. 33; No 166, 2015; F2019L01349
Division 6.4................................
ad 2009 No. 378
r 6.08.........................................
ad 2009 No. 378
r 6.09.........................................
ad 2009 No. 378
am 2011 No. 269; No 166, 2015; F2019L01349
r 6.10.........................................
ad 2009 No. 378
r 6.11.........................................
ad 2009 No. 378
rs 2011 No. 115
am No 166, 2015; F2025L01266
r 6.12.........................................
ad 2009 No. 378
am 2012 No. 33; F2019L01349
r 6.13.........................................
ad 2009 No. 378
r 6.14.........................................
ad 2009 No. 378
am 2012 No. 33
rs F2019L01349
am F2025L01266
r 6.14A......................................
ad 2011 No. 269
am 2012 No. 33
rep F2019L01349
r 6.15.........................................
ad 2009 No. 378
am 2012 No. 33; F2025L01266
r 6.16.........................................
ad 2009 No. 378
am 2012 No. 33; No 166, 2015; F2025L01266
r 6.17.........................................
ad 2009 No. 378
r 6.18.........................................
ad 2009 No. 378
am F2016L00728
r 6.19.........................................
ad 2009 No. 378
am 2012 No. 33; F2016L00728; F2025L01266
r 6.20.........................................
ad 2009 No. 378
am 2012 No. 33; F2025L01266
r 6.21.........................................
ad 2009 No. 378
am 2012 No. 33
rep No 166, 2015
Division 6.5................................
ad 2009 No. 378
r 6.22.........................................
ad 2009 No. 378
r 6.23.........................................
ad 2009 No. 378
am 2011 No. 269; 2012 No. 33; No 166, 2015; F2019L01349; F2025L01266
r 6.24.........................................
ad 2009 No. 378
am 2012 No. 33
r 6.25.........................................
ad 2009 No. 378
am 2011 No. 269; 2012 No. 33; No 166, 2015
ed C21
r 6.26.........................................
ad 2009 No. 378
am 2012 No. 33
r 6.27.........................................
ad 2009 No. 378
am 2012 No. 33
r 6.28.........................................
ad 2009 No. 378
am 2012 No. 33; F2016L00728
r 6.29.........................................
ad 2009 No. 378
am 2011 No. 269; 2012 No. 33; No 166, 2015
r 6.30.........................................
ad 2009 No. 378
am 2012 No. 33; F2016L00728
r 6.31.........................................
ad 2009 No. 378
am 2012 No. 33
r 6.32.........................................
ad 2009 No. 378
r 6.33.........................................
ad 2009 No. 378
am 2012 No. 33;F2016L00728
r 6.34.........................................
ad 2009 No. 378
am 2011 No. 269; 2012 No. 33; No 166, 2015; F2016L00728
r. 6.35........................................
ad 2009 No. 378
am 2012 No. 33; F2016L00728
r 6.35A......................................
ad F2016L00728
r 6.36.........................................
ad 2009 No. 378
am 2012 No. 33
r 6.37.........................................
ad 2009 No. 378
am 2012 No. 33; F2019L01349
r 6.38.........................................
ad 2009 No. 378
am 2011 No. 269; No 33, 2012; 2012 No. 52; No 166, 2015; F2025L01266
r 6.39.........................................
ad 2009 No. 378
am 2011 No. 269; No 166, 2015
r 6.40.........................................
ad 2009 No. 378
am 2012 No. 33
r 6.41.........................................
ad 2009 No. 378
am 2011 No. 269; 2012 No. 33; No 166, 2015
r 6.42.........................................
ad 2009 No. 378
am 2012 No. 52
r 6.43.........................................
ad 2009 No. 378
am 2011 No. 269; No 166, 2015
r 6.44.........................................
ad 2009 No. 378
Division 6.6................................
ad 2009 No. 378
r 6.45.........................................
ad 2009 No. 378
am 2012 No. 33
r 6.46.........................................
ad 2009 No. 378
am 2011 No. 269; 2012 No. 52; No 166, 2015
r 6.47.........................................
ad 2009 No. 378
am 2011 No. 269; No 33, 2015; 2012 No. 33; No 166, 2015
r 6.48.........................................
ad 2009 No. 378
am 2011 No. 269; No 166, 2015
r 6.49.........................................
ad 2009 No. 378
am 2011 No. 269; 2012 No. 52; No 166, 2015
r 6.50.........................................
ad 2009 No. 378
am 2011 No. 269; 2012 No. 52; No 166, 2015
r 6.51.........................................
ad 2009 No. 378
am 2011 No. 269; No 166, 2015
r 6.52.........................................
ad 2009 No. 378
r 6.53.........................................
ad 2009 No. 378
am 2011 No. 269; 2012 No. 33; No 166, 2015
r 6.54.........................................
ad 2009 No. 378
am 2011 No. 269; 2012 No. 33; No 166, 2015
r 6.55.........................................
ad 2009 No. 378
r 6.56.........................................
ad 2009 No. 378
am 2011 No. 269; No 166, 2015
r 6.57.........................................
ad 2009 No. 378
am F2023L01458
r 6.58.........................................
ad 2009 No. 378
am 2011 No. 269; No 166, 2015; F2025L01266
r 6.59.........................................
ad 2009 No. 378
am 2011 No. 269; No 166, 2015
r 6.60.........................................
ad 2009 No. 378
am 2011 No. 269; 2012 No. 52; No 166, 2015; F2019L01349
r 6.61.........................................
ad 2009 No. 378
am 2011 No. 269; 2012 No. 33; No 166, 2015; F2019L01349; F2025L01266
r 6.62.........................................
ad 2009 No. 378
am 2012 No. 33
r 6.63.........................................
ad 2009 No. 378
am 2011 No. 269; 2012 No. 33; No 166, 2015
r 6.64A......................................
ad 2011 No. 116
am 2012 No. 33
rep No 166, 2015
r 6.64.........................................
ad 2009 No. 378
am 2012 No. 33; F2019L01349
r 6.65.........................................
ad 2009 No. 378
am 2012 No. 33
r 6.66.........................................
ad 2009 No. 378
am 2011 Nos. 115 and 269; 2012 No. 33
rs No 166, 2015
am F2019L01349
r 6.67.........................................
ad 2009 No. 378
am 2012 No. 33; F2019L01349
r 6.68.........................................
ad 2009 No. 378
am 2011 Nos. 115 and 269; 2012 No. 33; No 166, 2015
rep F2019L01349
r 6.69.........................................
ad 2009 No. 378
am 2011 Nos. 115 and 269; 2012 No. 33; No 166, 2015
r 6.70.........................................
ad 2009 No. 378
am 2011 No. 269; No 166, 2015
Subdivision 6.6.8 heading............
(second occurring)
rep 2012 No. 52
Subdivision 6.6.9 heading............
ad 2012 No. 52
r 6.71.........................................
ad 2009 No. 378
am 2011 No. 269; 2012 No. 33; No 166, 2015; F2019L01349
Division 6.7................................
ad 2009 No. 378
r 6.72.........................................
ad 2009 No. 378
am 2012 No. 33; F2025L01266
r 6.73.........................................
ad No 378, 2009
am No 33, 2012; F2016L00728; F2024L01299
Part 7.........................................
ad No 175, 2013
rep 31 Oct 2013 (r 7.02)
ad No 131, 2014
r 7.01.........................................
ad No 175, 2013
rep 31 Oct 2013 (r 7.02)
ad No 131, 2014
am No 166, 2015
r 7.02.........................................
ad No 175, 2013
rep 31 Oct 2013 (r 7.02)
ad No 131, 2014
r 7.03.........................................
ad No 131, 2014
Division 7.1A.............................
ad F2016L00728
r 7.03A......................................
ad F2016L00728
r 7.03B.......................................
ad F2016L00728
r 7.03C.......................................
ad F2016L00728
Division 7.2................................
ad No 166, 2015
r 7.04.........................................
ad No 166, 2015
r 7.05.........................................
ad No 166, 2015
r 7.06.........................................
ad No 166, 2015
r 7.07.........................................
ad No 166, 2015
r 7.08.........................................
ad No 166, 2015
Division 7.3................................
ad F2018L00873
r 7.09.........................................
ad F2018L00873
Division 7.4................................
ad F2019L01349
r 7.10.........................................
ad F2019L01349
r 7.11.........................................
ad F2019L01349
Subdivision 7.4.3........................
ad F2019L01349
r 7.12.........................................
ad F2019L01349
r 7.13.........................................
ad F2019L01349
r 7.14.........................................
ad F2019L01349
Subdivision 7.4.4........................
ad F2019L01349
r 7.15.........................................
ad F2019L01349
Division 7.5................................
ad F2020L00828
r 7.16.........................................
ad F2020L00828
Division 7.6................................
ad F2021L00840
r 7.17.........................................
ad F2021L00840
Division 7.7................................
ad F2022L00824
r 7.18.........................................
ad F2022L00824
Division 7.8................................
ad F2023L00506
r 7.19.........................................
ad F2023L00506
Division 7.9................................
ad F2023L00620
r 7.20.........................................
ad F2023L00620
Division 7.10..............................
ad F2023L00833
r 7.21.........................................
ad F2023L00833
Division 7.11..............................
ad F2024L00733
r 7.22.........................................
ad F2024L00733
Division 7.12..............................
ad F2025L00768
r 7.23.........................................
ad F2025L00768
Division 7.13..............................
ad F2025L01266
r 7.24.........................................
ad F2025L01266
Schedule 1A...............................
ad No 131, 2014
rep F2021L00840
Schedule 1..................................
am 2011 No. 115
rs 2012 No. 52
am 2012 No. 162; No 131, 2014; F2016L00728; F2021L00840; F2022L00824; F2023L00833; F2025L00768
Schedule 3..................................
ad 2012 No. 52
am No 175, 2013; No 131, 2014; No 166, 2015; F2016L00728; F2019L01349; F2020L00828
rep F2021L00840
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0
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