National Greenhouse and Energy Reporting Amendment Act 2008

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au C2008A00084 In force Act

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No. 84, 2008

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

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Amendments

National Greenhouse and Energy Reporting Act 2007

National Greenhouse and Energy Reporting Amendment Act 2008

No. 84, 2008

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

[Assented to 15 September 2008]

The Parliament of Australia enacts:

1 Short title

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

2 Commencement

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

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table	The day on which this Act receives the Royal Assent.	15 September 2008
2. Schedule 1, item 1	A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.	15 March 2009
3. Schedule 1, items 2 to 7	The day after this Act receives the Royal Assent.	16 September 2008
4. Schedule 1, items 8 to 10	At the same time as the provision(s) covered by table item 2.	15 March 2009
5. Schedule 1, item 11	The day after this Act receives the Royal Assent.	16 September 2008
6. Schedule 1, item 12	At the same time as the provision(s) covered by table item 2.	15 March 2009
7. Schedule 1, items 13 to 22	The day after this Act receives the Royal Assent.	16 September 2008
8. Schedule 1, item 23	At the same time as the provision(s) covered by table item 2.	15 March 2009
9. Schedule 1, items 24 to 35	The day after this Act receives the Royal Assent.	16 September 2008

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

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

3 Schedule(s)

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

Schedule 1—Amendments

National Greenhouse and Energy Reporting Act 2007

1 Section 7

Insert:

business unit has the meaning given by the regulations.

2 Section 7

Insert:

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

3 At the end of subsection 10(3)

Add:

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

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

(e) the particular rating given to each of those methods.

4 Subsection 12(1)

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

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

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

5 Subsection 12(1) (note)

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

6 Subsection 12(2)

Repeal the subsection, substitute:

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

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

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

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

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

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

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

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

7 Section 14

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

8 Subsection 15(1)

Omit “(1)”.

9 Paragraph 15(1)(c)

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

10 Subsection 15(2)

Repeal the subsection.

11 Paragraph 16(4)(a)

Omit “must register”, substitute “registers”.

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

Repeal the subparagraphs, substitute:

(i) information included in the application for registration;

13 Subsection 17(1)

Repeal the subsection, substitute:

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

14 Paragraph 19(2)(a)

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

15 Paragraph 19(6)(b)

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

16 Subparagraph 20(3)(a)(ii)

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

17 Paragraph 21(1)(b)

Omit “and”.

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

18 Paragraph 21(1)(c)

Repeal the paragraph.

19 Paragraph 21(2)(b)

Omit “and”.

20 Paragraph 21(2)(c)

Repeal the paragraph.

21 Paragraph 21(4)(a)

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

22 After section 21

Insert:

21A Reports relating to offsets of greenhouse gas emissions

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

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

Civil penalty: 1,000 penalty units.

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

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

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

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

23 Subsection 24(1)

Repeal the subsection, substitute:

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

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

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

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

(d) energy consumption;

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

(1A) In addition to publishing the totals for the corporation’s group, the Greenhouse and Energy Data Officer may also publish on the website:

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

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

This subsection is subject to subsection 25(3).

Limitations

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

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

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

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

24 Subsection 24(2)

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

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

25 At the end of subsection 24(2)

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

26 Subsections 24(3) and (4)

Repeal the subsections, substitute:

Publication relating to offsets of greenhouse gas emissions

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

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

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

27 At the end of subsection 28(1)

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

28 Section 53

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

29 Subsection 73(4)

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

30 At the end of subsection 73(4)

Add:

Civil penalty: 250 penalty units.

31 Subsection 73(5)

Omit “and this section”.

32 Subsection 74(2)

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

33 After subsection 74(2)

Insert:

(2A) The corporation, and each member of the corporation’s group, must provide the external auditor with all reasonable facilities and assistance necessary for the effective exercise of the external auditor’s duties under this Act.

Civil penalty: 250 penalty units.

34 Subsection 74(3)

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

35 Application and saving provision

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

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

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

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

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

[Minister’s second reading speech made in—

House of Representatives on 26 June 2008

Senate on 28 August 2008]

(144/08)

Overview

The National Greenhouse and Energy Reporting Amendment Act 2008 was enacted to amend the National Greenhouse and Energy Reporting Act 2007, addressing gaps in the regulation of greenhouse gas emissions and energy consumption reporting. Enacted by the Parliament of Australia, the Act aims to enhance the transparency and accountability of large corporations and entities by improving the reporting processes and requirements for greenhouse gas emissions and energy consumption. This legislation was introduced to ensure more accurate and comprehensive reporting, enabling better monitoring and assessment of environmental impacts and fostering informed decision-making in the pursuit of sustainability. The National Greenhouse and Energy Reporting Amendment Act 2008 seeks to refine the reporting mechanisms by making specific amendments to the original Act. These amendments include clarifying definitions, adjusting registration thresholds, and introducing new reporting obligations for offsets of greenhouse gas emissions. The Act also mandates the publication of totals for greenhouse gas emissions, energy production, and energy consumption, ensuring that stakeholders have access to relevant and timely information. Furthermore, the Act introduces civil penalties for non-compliance, reinforcing the importance of accurate and honest reporting within the scope of environmental stewardship.

Scope and Application

The National Greenhouse and Energy Reporting Amendment Act 2008 amends the National Greenhouse and Energy Reporting Act 2007, introducing changes to the regulatory framework for reporting greenhouse gas emissions and energy production and consumption by corporations and their groups. This Act applies to controlling corporations that meet specific thresholds regarding their greenhouse gas emissions or energy production and consumption. It extends to all Commonwealth areas, territories, and external territories as defined by the original Act. The amendments include changes to the definitions of terms such as 'business unit' and 'penalty unit', adjustments to the registration process for corporations, and modifications to the reporting and publication requirements for greenhouse gas emissions and energy data. Notably, this Act allows for the inclusion of information from members of a corporation's group in the reports and mandates the publication of specific data on a public website, subject to certain conditions and thresholds. The Act also introduces new provisions for the registration of corporations based on estimated future emissions, and it imposes civil penalties for non-compliance with reporting obligations. The amendments made by this Act do not affect the validity of applications for registration made before the commencement of certain provisions, ensuring continuity for ongoing processes. Some provisions apply to registrations and methods used after specific commencement dates, thereby providing clarity on the timeline for implementation. Notably, the Act extends its application through subordinate instruments, which may further detail the methods and criteria for reporting, thereby enhancing the regulatory framework's effectiveness.

Key Provisions

The National Greenhouse and Energy Reporting Amendment Act 2008 amends the National Greenhouse and Energy Reporting Act 2007, introducing several key changes. Firstly, it redefines the term "business unit" and "penalty unit" within the Act. It also expands the scope of the Minister's authority to determine specific methods and rating systems for measuring greenhouse gas emissions and energy production or consumption. Additionally, the Act modifies the application process for corporations to register under Division 3, changing the requirements for when a corporation must apply to be registered based on certain thresholds. The obligations imposed by the Act include the requirement for controlling corporations to apply for registration if their group meets specific thresholds. Corporations must provide specific information as part of their registration application and must ensure that their use of methods for measuring emissions and energy aligns with any conditions set by the Minister. The Greenhouse and Energy Data Officer is mandated to register corporations that have applied for registration in accordance with the regulations. Furthermore, the Act allows registered corporations to submit reports on greenhouse gas emission offsets and requires the Greenhouse and Energy Data Officer to publish certain totals of greenhouse gas emissions, energy production, and energy consumption on a website. Breaching the requirements of the Act can result in civil penalties. For instance, a corporation can be fined up to 1,000 penalty units for providing false or misleading information or documents to the Greenhouse and Energy Data Officer. Additionally, the Act imposes a civil penalty of 250 penalty units for failing to provide the external auditor with necessary facilities and assistance. It is also an offence under the Criminal Code to provide false or misleading information or documents to the Greenhouse and Energy Data Officer in purported compliance with the Act. The penalties for such offences are not specified in the Act but would be determined under the Criminal Code.

Area of Law: Environmental Law
Instrument: Amending Act
Concepts: Commencement Provisions; Reporting & Disclosure Obligations; Civil Penalty Provisions; Licensing & Registration; Enforcement Powers; Compliance Obligations

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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