National Greenhouse and Energy Reporting (Measurement) Amendment (2020 Update—Reference Correction) Determination 2020

Administered by Department of Industry, Science and Resources

Legislation au F2020L00865 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Issued by authority of the Minister for Energy and Emissions Reduction

National Greenhouse and Energy Reporting Act 2007

National Greenhouse and Energy Reporting (Measurement) Amendment (2020 Update—Reference Correction) Determination 2020

Background

The National Greenhouse and Energy Reporting Act 2007 (the Act) provides a framework for the reporting of emissions, energy production and consumption in Australia. It also provides for the Safeguard Mechanism to place limits on the net emissions of the largest facilities in Australia.

The National Greenhouse and Energy Reporting (Measurement) Determination 2008 (“the Determination”) was made under section 10 of the Act, which provides for the Minister to determine methods, or criteria for methods, for the measurement of (a) greenhouse gas emissions; (b) the production of energy; and (c) the consumption of energy.

The National Greenhouse and Energy Reporting (Measurement) Amendment (2020 Update) Determination 2020 (“the 2020 Update Determination”) was made on 15 June 2020 to amend the Determination to:

  • Update emission factors based on updated Global Warming Potentials (GWPs), which are used to convert emissions values of non-carbon dioxide gases into carbon dioxide equivalent values, in order to align the NGER scheme with the Australian Government’s implementation of the Paris Agreement; and
  • Update emission factors used to estimate emissions resulting from the consumption of electricity purchased or lost from the grid (‘scope 2 emissions’) based on the latest available data.

Purpose and operation

The purpose of the National Greenhouse and Energy Reporting (Measurement) Amendment (2020 Update—Reference Correction) Determination 2020 (the Instrument) is to correct an incorrect reference to the Determination in the 2020 Update Determination.

The Instrument will commence on 1 July 2020 at the same time as the commencement of the 2020 Update Determination. Details of the amendments contained in the Instrument are provided below.

Further details of the Instrument are outlined in Attachment A.

The Instrument is a legislative instrument for the purposes of the Legislation Act 2003.

A statement of the Instrument’s compatibility with human rights is set out in Attachment B.

Consultation

The 2020 Update Determination was consulted upon by public consultation from 29 May to 10 June 2020. No further consultation was conducted on this instrument as the original consultation was clear that the National Greenhouse and Energy Reporting (Measurement) Determination 2008 was intended to be amended by the 2020 Update Determination.

Regulatory Impact

The regulatory impacts of the 2020 Update Determination amendments were assessed as minor and not requiring a Regulation Impact Statement by the Office of Best Practice Regulation (ref 26344).

 


ATTACHMENT A

National Greenhouse and Energy Reporting (Measurement) Amendment (2020 Update—Reference Correction) Determination 2020

Section 1 – Name of Determination

This section provides that the title of the Instrument is the National Greenhouse and Energy Reporting (Measurement) Amendment (2020 Update—Reference Correction) Determination 2020.

Section 2 – Commencement

This section provides for the Instrument to commence on 1 July 2020.

Section 3 – Authority

This section outlines that the Instrument is made under subsection 10(3) of the National Greenhouse and Energy Reporting Act 2007. The power to make legislative instruments under this subsection includes the power to amend or revoke instruments that have already been made, with any doubt about this resolved by subsection 33(3) of the Acts Interpretation Act 1901.

Section 4 – Amendment of the National Greenhouse and Energy Reporting (Measurement) Amendment (2020 Update) Determination 2020

This section amends the reference to the National Greenhouse and Energy Reporting (Measurement) Determination 2008 in the Schedule of amendments. The date had been incorrectly referenced as “2009” rather than “2008”. The intent of the original instrument was always to amend the “2008” determination and there is no relevant “2009” determination to amend. Accordingly the unamended National and Greenhouse Energy Reporting (Measurement) Amendment (2020 Update) Determination 2020 would be interpreted to amend the 2008 determination in accordance with the slip rule of statutory interpretation, this amendment makes that clear on the face of the instrument.

 

ATTACHMENT B

 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

National Greenhouse and Energy Reporting (Measurement) Amendment (2020 Update—Reference Correction) Determination 2020

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The National Greenhouse and Energy Reporting (Measurement) Amendment (2020 Update—Reference Correction) Determination 2020 makes a minor amendment to the National Greenhouse and Energy Reporting (Measurement) Amendment (2020 Update) Determination 2020 to correct a date referenced in the Schedule of that Instrument.

Human rights implications

This Legislative Instrument does not engage any of the applicable human rights or freedoms.

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

 

The Hon Angus Taylor MP

Minister for Energy and Emissions Reduction

Overview

The National Greenhouse and Energy Reporting (Measurement) Amendment (2020 Update—Reference Correction) Determination 2020 was enacted to correct an error in the reference to the National Greenhouse and Energy Reporting (Measurement) Amendment (2020 Update) Determination 2020. The original determination had mistakenly referenced the year 2009 instead of the correct year 2008. This legislative instrument was introduced to ensure that the determination accurately reflects the intent of the legislation by correcting this clerical error. The determination was made under the authority of the National Greenhouse and Energy Reporting Act 2007, which provides a framework for reporting greenhouse gas emissions, energy production, and consumption in Australia. The objective of the Act is to provide a comprehensive system for the reporting of these emissions and energy metrics, facilitating better understanding and management of environmental impacts. The determination aims to ensure the accuracy and integrity of the data reported under the Act by correcting a minor but critical reference error in the previously enacted 2020 Update Determination.

Scope and Application

The National Greenhouse and Energy Reporting Act 2007, which forms the legislative basis for reporting greenhouse gas emissions, energy production and consumption in Australia, applies to a wide range of entities and industries across the nation. This Act, operating under the Commonwealth jurisdiction, mandates that large facilities—those exceeding specified thresholds for greenhouse gas emissions—must adhere to the requirements set out by the Act, including participating in the Safeguard Mechanism designed to limit net emissions. The Act also authorises the Minister to issue subordinate instruments such as the National Greenhouse and Energy Reporting (Measurement) Determination 2008, which specifies the methods for measuring emissions, energy production, and consumption. This Determination has been subject to periodic updates, such as the 2020 Update, to ensure alignment with international standards and the latest scientific data, though specific exclusions or exemptions are not detailed within the Act itself. The Act's regulatory scope is further refined through amendments and updates made via legislative instruments, ensuring its continued relevance and effectiveness in addressing climate change and energy management in Australia.

Key Provisions

The main operative sections of the National Greenhouse and Energy Reporting (Measurement) Amendment (2020 Update—Reference Correction) Determination 2020 (the Instrument) include Section 1, which provides the name of the Determination; Section 2, which specifies the commencement date; and Section 3, which outlines the authority under which the Instrument is made. The most significant change, as described in Section 4, is the amendment to the reference to the National Greenhouse and Energy Reporting (Measurement) Amendment (2020 Update) Determination 2020, correcting an erroneous reference from “2009” to “2008”. The Act imposes several obligations on the entities it governs, primarily focusing on the accurate reporting of greenhouse gas emissions, energy production, and energy consumption. The 2020 Update Determination amends the methods or criteria for measuring these elements to ensure alignment with updated Global Warming Potentials and the latest available data. Entities must adhere to these updated measurement methods to comply with the Act, which facilitates the implementation of the Safeguard Mechanism and the reporting framework established by the Act. In terms of offences, penalties, or consequences, the Act does not explicitly outline specific penalties within the Instrument itself. However, under the broader National Greenhouse and Energy Reporting Act 2007, there are potential civil and criminal penalties for non-compliance with reporting obligations. For instance, failure to report correctly or on time can result in fines and other enforcement actions. The precise penalties would depend on the severity and nature of the non-compliance as interpreted under the overarching Act. The Instrument aims to ensure the accuracy and integrity of the reporting framework by correcting a clerical error, thus preventing any misinterpretation of the intended amendments. By aligning with the Paris Agreement and incorporating the latest data, the Act supports Australia’s commitments to reducing greenhouse gas emissions and enhancing energy efficiency. This amendment reflects the continuous effort to refine and improve the legislative framework governing environmental reporting in Australia.

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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.