by omitting “the Administrator” (wherever occurring) and substituting “the Regulator”;

by omitting “The Administrator” (wherever occurring) and substituting “The Regulator”;

by omitting “the Administrator’s” (wherever occurring) and substituting “the Regulator’s”;

by omitting “The Administrator’s” (wherever occurring) and substituting “The Regulator’s”;

(e) by omitting “Administrator” (wherever occurring) and substituting “Regulator”;

(f) by omitting “Administrator” (wherever occurring) and substituting “Regulator”;

(g) by omitting “Administrator’s” (wherever occurring) and substituting “Regulator’s”.

a carbon unit;

an audit team leader; or

a person assisting an audit team leader.

protected audit information has been disclosed under subsection (3) to the body; and

protected audit information has been disclosed under subsection (3) to the body corporate; and

protected audit information has been disclosed under subsection (3) to the Department, agency, authority or police force, as the case may be; and

(a) the definition of entrusted public official in section 5;

(b) the definition of protected Administrator information in section 5;

Part 25;

sections 274 to 277;

sections 281 and 282;

section 285;

by omitting “the Administrator” (wherever occurring) and substituting “the Regulator”;

by omitting “The Administrator” (wherever occurring) and substituting “The Regulator”;

by omitting “the Administrator’s” (wherever occurring) and substituting “the Regulator’s”;

by omitting “The Administrator’s” (wherever occurring) and substituting “The Regulator’s”;

(k) by omitting “Administrator” (wherever occurring) and substituting “Regulator”;

(l) by omitting “Administrator’s” (wherever occurring) and substituting “Regulator’s”.

the Clean Energy Regulator;

the information is not protected information; and

registered corporation; or

registered corporation’s group; or

non-corporate entity; or

facility.

registered corporation; or

registered corporation’s group; or

non-corporate entity; or

facility.

is a member of the staff of the Regulator; and

either:

is an SES employee or acting SES employee; or

holds or performs the duties of an Executive Level 2 position or an equivalent position.

(a) the Carbon Credits (Carbon Farming Initiative) Act 2011 or regulations under that Act; or

(b) the Australian National Registry of Emissions Units Act 2011 or regulations under that Act;

were in the possession of the Greenhouse and Energy Data Officer, the Renewable Energy Regulator or the Carbon Credits Administrator immediately before the commencement of this item; and

relate to the Greenhouse and Energy Data Officer, the Renewable Energy Regulator, the Office of the Renewable Energy Regulator or the Carbon Credits Administrator.

(a) before the commencement of this item, a complaint was made to the Ombudsman, or the Ombudsman began an investigation, under the Ombudsman Act 1976 in relation to action taken by the Greenhouse and Energy Data Officer, the Renewable Energy Regulator or the Carbon Credits Administrator; and

(b) immediately before the commencement of this item, the Ombudsman had not finally disposed of the matter in accordance with the Ombudsman Act 1976;

was in force immediately before the commencement of this item; and

contains a reference to the Greenhouse and Energy Data Officer, the Renewable Energy Regulator or the Carbon Credits Administrator.

the person was an APS employee in:

the Department; or

the Office of the Renewable Energy Regulator;

the person is covered by a determination that:

(i) is made under Public Service Act 1999; andsection 72 of the

causes the person, at the transition time, to become an APS employee in the Clean Energy Regulator.

a person is a transferring employee; and

immediately before the transition time, a designated agreement applied to the person’s employment in the Department or the Office of the Renewable Energy Regulator, as the case may be;

the designated agreement (as in force immediately before the transition time) covers the Commonwealth and the transferring employee in relation to the transferring employee’s employment in the Clean Energy Regulator; and

the designated agreement has effect after the transition time, in relation to the transferring employee’s employment in the Clean Energy Regulator, as if it had been made by the Chair of the Clean Energy Regulator on behalf of the Commonwealth; and

if:

an enterprise agreement commences after the transition time; and

the enterprise agreement was made by the Chair of the Clean Energy Regulator on behalf of the Commonwealth; and

the enterprise agreement covers the Commonwealth and the transferring employee in relation to the transferring employee’s employment in the Clean Energy Regulator;

a person is a transferring employee; and

(b) immediately before the transition time, a determination under subsection 24(1) of the Public Service Act 1999 applied to the person’s employment in:

the Department; or

the Office of the Renewable Energy Regulator;

the determination (to the extent to which it relates to the transferring employee) has effect after the transition time, in relation to the transferring employee’s employment in the Clean Energy Regulator, as if:

the determination had been made by the Chair of the Clean Energy Regulator; and

the determination were applicable to the person’s employment in the Clean Energy Regulator; and

paragraph (c) does not prevent the variation or revocation of the determination.

the person is an APS employee in the Clean Energy Regulator; and

the person is not a transferring employee.

a designated agreement covers the Commonwealth because of subitem (2); and

after the transition time, a person becomes a new employee; and

either:

the designated agreement would have covered the Commonwealth and the new employee in relation to the new employee’s employment in the Department if the new employee had been an APS employee at the same level in the Department immediately before the transition time; or

the designated agreement would have covered the Commonwealth and the new employee in relation to the new employee’s employment in the Office of the Renewable Energy Regulator if the new employee had been an APS employee at the same level in the Office of the Renewable Energy Regulator immediately before the transition time; and

the Chair of the Clean Energy Regulator, by written notice given to the new employee before or within 14 days after the person becomes a new employee, determines that the designated agreement is applicable to the new employee for the purposes of this subitem from the time when the person becomes a new employee;

(e) the designated agreement (as in force immediately before the transition time) covers the Commonwealth and the new employee in relation to the new employee’s employment in the Clean Energy Regulator; and

the designated agreement has effect after the transition time, in relation to the new employee’s employment in the Clean Energy Regulator, as if it had been made by the Chair of the Clean Energy Regulator on behalf of the Commonwealth; and

if:

an enterprise agreement commences after the transition time; and

the enterprise agreement was made by the Chair of the Clean Energy Regulator on behalf of the Commonwealth; and

the enterprise agreement covers the Commonwealth and the new employee in relation to the new employee’s employment in the Clean Energy Regulator;

a member of the Clean Energy Regulator; or

a person who is:

a member of the staff of the Clean Energy Regulator; and

an SES employee or acting SES employee; or

a person who is:

a member of the staff of the Clean Energy Regulator; and

an APS employee who holds or performs the duties of an Executive Level 2 position or an equivalent position; or

a person who is:

an APS employee in the Department; and

(ii) a person assisting the Clean Energy Regulator under Clean Energy Regulator Act 2011.section 37 of the

(a) the Department of Climate Change Collective Agreement 2009-2011; or

(b) the Office of the Renewable Energy Regulator Enterprise Agreement 2009-2011; or

an enterprise agreement.

the Department; or

the Office of the Renewable Energy Regulator;

the person was an APS employee in:

the Department; or

the Office of the Renewable Energy Regulator;

the person is covered by a determination that:

(i) is made under Public Service Act 1999; andsection 72 of the

causes the person, at the transition time, to become an APS employee in the Climate Change Authority.

a person is a transferring employee; and

immediately before the transition time, a designated agreement applied to the person’s employment in the Department or the Office of the Renewable Energy Regulator, as the case may be;

the designated agreement (as in force immediately before the transition time) covers the Commonwealth and the transferring employee in relation to the transferring employee’s employment in the Climate Change Authority; and

the designated agreement has effect after the transition time, in relation to the transferring employee’s employment in the Climate Change Authority, as if it had been made by the Chief Executive Officer of the Climate Change Authority on behalf of the Commonwealth; and

if:

an enterprise agreement commences after the transition time; and

the enterprise agreement was made by the Chief Executive Officer of the Climate Change Authority on behalf of the Commonwealth; and

the enterprise agreement covers the Commonwealth and the transferring employee in relation to the transferring employee’s employment in the Climate Change Authority;

a person is a transferring employee; and

(b) immediately before the transition time, a determination under subsection 24(1) of the Public Service Act 1999 applied to the person’s employment in:

the Department; or

the Office of the Renewable Energy Regulator;

the determination (to the extent to which it relates to the transferring employee) has effect after the transition time, in relation to the transferring employee’s employment in the Climate Change Authority, as if:

the determination had been made by the Chief Executive Officer of the Climate Change Authority; and

the determination were applicable to the person’s employment in the Climate Change Authority; and

paragraph (c) does not prevent the variation or revocation of the determination.

the person is an APS employee in the Climate Change Authority; and

the person is not a transferring employee.

a designated agreement covers the Commonwealth because of subitem (2); and

after the transition time, a person becomes a new employee; and

either:

the designated agreement would have covered the Commonwealth and the new employee in relation to the new employee’s employment in the Department if the new employee had been an APS employee at the same level in the Department immediately before the transition time; or

the designated agreement would have covered the Commonwealth and the new employee in relation to the new employee’s employment in the Office of the Renewable Energy Regulator if the new employee had been an APS employee at the same level in the Office of the Renewable Energy Regulator immediately before the transition time; and

the Chief Executive Officer of the Climate Change Authority, by written notice given to the new employee before or within 14 days after the person becomes a new employee, determines that the designated agreement is applicable to the new employee for the purposes of this subitem from the time when the person becomes a new employee;

(e) the designated agreement (as in force immediately before the transition time) covers the Commonwealth and the new employee in relation to the new employee’s employment in the Climate Change Authority; and

the designated agreement has effect after the transition time, in relation to the new employee’s employment in the Climate Change Authority, as if it had been made by the Chief Executive Officer of the Climate Change Authority on behalf of the Commonwealth; and

if:

an enterprise agreement commences after the transition time; and

the enterprise agreement was made by the Chief Executive Officer of the Climate Change Authority on behalf of the Commonwealth; and

the enterprise agreement covers the Commonwealth and the new employee in relation to the new employee’s employment in the Climate Change Authority;

a person who is:

a member of the staff of the Climate Change Authority; and

an SES employee or acting SES employee; or

a person who is:

an SES employee, or acting SES employee, in the Department; and

(ii) a person assisting the Climate Change Authority under Climate Change Authority Act 2011; orsection 53 of the

a person who:

is an APS employee in the Department; and

(ii) is a person assisting the Climate Change Authority under Climate Change Authority Act 2011; andsection 53 of the

holds or performs the duties of an Executive Level 2 position or an equivalent position.

(a) the Department of Climate Change Collective Agreement 2009-2011; or

(b) the Office of the Renewable Energy Regulator Enterprise Agreement 2009-2011; or

an enterprise agreement.

the Department; or

the Office of the Renewable Energy Regulator;

under either or both of subitems 223(2) and (5), a designated agreement covers the Commonwealth and one or more employees in relation to their employment in the Clean Energy Regulator;

under either or both of subitems 225(2) and (5), a designated agreement covers the Commonwealth and one or more employees in relation to their employment in the Climate Change Authority;

the designated agreement, in so far as it has the coverage mentioned in paragraph (a);

the designated agreement, in so far as it has the coverage mentioned in paragraph (b);

the designated agreement, in so far as it has neither the coverage mentioned in paragraph (a) nor the coverage mentioned in paragraph (b).

(a) the Department of Climate Change Collective Agreement 2009-2011; or

(b) the Office of the Renewable Energy Regulator Enterprise Agreement 2009-2011; or

an enterprise agreement.

Australian carbon credit units; and

Kyoto units; and

prescribed international units.

carbon units; and

Australian carbon credit units; and

Kyoto units; and

prescribed international units.

(a) in relation to a carbon unit—has the same meaning as in the Clean Energy Act 2011; or

(b) in relation to an Australian carbon credit unit—has the same meaning as in the Carbon Credits (Carbon Farming Initiative) Act 2011.

a carbon unit; or

there are no entries for any carbon units in the account; and

carbon units; or

carbon units; or

(aa) anything in the Clean Energy Act 2011; or

carbon units; or

(aa) anything in the Clean Energy Act 2011; or

(aa) anything in the Clean Energy Act 2011; or

none of the following notices have effect:

(i) a notice to surrender eligible emissions units under Clean Energy Act 2011;section 122 of the

(ii) a notice to relinquish carbon units under Clean Energy Act 2011;section 210 of the

(iii) a notice to relinquish Australian carbon credit units under Carbon Credits (Carbon Farming Initiative) Act 2011.section 175 of the

(aa) anything in the Clean Energy Act 2011; or

the holders of Registry accounts; and

carbon units; and

Kyoto units; and

prescribed international units.

the name of the person; and

the total number of carbon units cancelled.

the name of the person; and

the total number of Australian carbon credit units cancelled.

specify the carbon unit or units that are to be cancelled; and

specify the account number or account numbers of the person’s Registry account, or the person’s Registry accounts, in which there is an entry or entries for the carbon unit or units that are to be cancelled.

(a) was issued in accordance with Clean Energy Act 2011; orsection 100 of the

has a vintage year that is a fixed charge year.

the unit is cancelled; and

the Regulator must remove the entry for the unit from the person’s Registry account in which there is an entry for the unit.

specify the Australian carbon credit unit or units that are to be cancelled; and

specify the account number or account numbers of the person’s Registry account, or the person’s Registry accounts, in which there is an entry or entries for the Australian carbon credit unit or units that are to be cancelled.

the unit is cancelled; and

the Regulator must remove the entry for the unit from the person’s Registry account in which there is an entry for the unit; and

if the unit is a Kyoto Australian carbon credit unit:

the Minister must, by written notice given to the Regulator, direct the Regulator to transfer a Kyoto unit from a Commonwealth holding account to a voluntary cancellation account before the end of the true-up period for the relevant commitment period; and

the Regulator must comply with a direction under subparagraph (i).

this Act; and

the regulations; and

other instruments made under this Act.

give the Minister a report of the review; and

as soon as practicable after giving the report to the Minister, publish the report on the Climate Change Authority’s website.

as soon as practicable after receiving the report, the Minister must cause to be prepared a statement setting out the Commonwealth Government’s response to each of the recommendations; and

within 6 months after receiving the report, the Minister must cause copies of the statement to be tabled in each House of the Parliament.

the Climate Change Authority;

the Clean Energy Regulator;

such other persons as the Minister considers relevant.

the Climate Change Authority;

the Climate Change Authority;

a carbon unit;

that provides for the reporting or disclosure of information related to greenhouse gas emissions; and

that the regulations provide is a law, or part of a law, to which this subsection applies;

a local governing body; or

an authority of a State or Territory.

the territorial sea; or

the exclusive economic zone; or

waters of the continental shelf;

a condition; or

a circumstance; or

a state of affairs;

solid waste; or

carbon capture and storage; or

other storage; or

stockpiling; or

any other matter or thing.

the storage of a greenhouse gas substance in a part of a geological formation; or

the injection of a greenhouse gas substance into a part of a geological formation for the purposes of such storage; or

the capture, compression, processing, offloading, transportation or piped conveyance of a greenhouse gas substance, where the compression, processing, offloading, transportation or piped conveyance is for the purposes of such storage.

of an amount of greenhouse gas—means the amount of the gas multiplied by a value specified in the regulations in relation to that kind of greenhouse gas; or

of an amount of potential greenhouse gas emissions embodied in an amount of natural gas—has the meaning given by section 7C.

(a) attributable to the industry sector mentioned in item 54 of Schedule 2 to the National Greenhouse and Energy Reporting Regulations 2008 (which deals with electricity generation); and

not a vertically integrated production process (within the meaning of those regulations).

a scope 1 emission of greenhouse gas; or

a scope 2 emission of greenhouse gas.

a director of the body corporate; or

the chief executive officer (however described) of the body corporate; or

the chief financial officer (however described) of the body corporate; or

the secretary of the body corporate.

an individual who is not ordinarily resident in Australia;

a body corporate that:

is incorporated outside Australia; or

is an authority of a foreign country;

a corporation sole that:

is incorporated outside Australia; or

is an authority of a foreign country;

a body politic of a foreign country;

a trust, where the trustee, or a majority of the trustees, are covered by any or all of the above paragraphs.

an individual;

a body corporate;

a trust;

a corporation sole;

a body politic;

a local governing body.

carbon dioxide;

methane;

nitrous oxide;

sulfur hexafluoride;

a hydrofluorocarbon of a kind specified in the table in subsection (2);

a perfluorocarbon of a kind specified in the table in subsection (3);

a prescribed gas.

the amount of the greenhouse gas; or

the amounts of the greenhouse gases;

this Act (other than subsections (3) and (4) of this section); and

(b) the Clean Energy Act 2011;

a report relating to an eligible financial year was given by a person under section 22A; and

the report was given before the end of 4 months after the end of the eligible financial year; and

ascertaining the potential greenhouse gas emissions embodied in an amount of natural gas is relevant to working out a provisional emissions number of the person for the eligible financial year; and

the report contained a statement to the effect that the person has made a choice to use the prescribed alternative method to ascertain the potential greenhouse gas emissions; and

the prescribed alternative method was complied with in ascertaining the potential greenhouse gas emissions;

the potential greenhouse gas emissions are to be ascertained in accordance with the prescribed alternative method; and

a determination under subsection (2) does not apply in ascertaining the potential greenhouse gas emissions.

is for ascertaining the potential greenhouse gas emissions embodied in an amount of natural gas; and

is specified in a determination made by the Minister; and

involves testing one or more samples of the natural gas.

an amount of a greenhouse gas; or

amounts of one or more greenhouse gases.

(a) scope 1 emission of greenhouse gas;

(aa) scope 2 emission of greenhouse gas;

in the case of scope 1 emissions—different methods or criteria for emissions from different sources; and

2 or more persons could satisfy paragraph 11(1)(a) in relation to a facility throughout the period;

a particular person has the greatest authority to introduce and implement the policies mentioned in subparagraphs 11(1)(a)(i) and (iii) in relation to the facility throughout the period;

no declaration under section 55 or 55A applies in relation to the facility at any time during the period.

2 or more persons could satisfy paragraph 11(1)(a) in relation to a facility throughout the period;

no particular person has the greatest authority to introduce and implement the policies mentioned in subparagraphs 11(1)(a)(i) and (iii) in relation to the facility throughout the period;

no declaration under section 55 or 55A applies in relation to the facility at any time during the period;

as at the start of 1 April in the fixed charge year, it may reasonably be expected that a person would have had an interim emissions number for the fixed charge year if it were assumed that:

the person had operational control over the facility throughout the period; and

none of the persons mentioned in paragraph (a) of this subsection had operational control over the facility throughout the period.

be in writing; and

be in a form approved by the Regulator; and

be accompanied by such information as is specified in the regulations.

any of those persons is a foreign person; and

any of those persons is not a foreign person;

(a) each of the persons mentioned in paragraph (1)(a) is taken, for the purposes of this Act and the Clean Energy Act 2011, to have operational control over the facility throughout the period; and

(b) if there is a provisional emissions number of such a person for the fixed charge year in relation to greenhouse gases emitted from the operation of the facility during the period—for the purposes of this Act and the Clean Energy Act 2011, that provisional emissions number is taken to be the number worked out using the formula set out in subsection (9).

this Act; or

(b) the Clean Energy Act 2011.

because of section 11, 11A or 11AA, a trust has operational control over a facility throughout the period;

throughout the period, there are 2 or more trustees of the trust;

no declaration under section 55 or 55A applies in relation to the facility at any time during the period;

as at the start of 1 April in the fixed charge year, it may reasonably be expected that a person would have had an interim emissions number for the fixed charge year if it were assumed that:

the person had operational control over the facility throughout the period; and

the trust did not have operational control over the facility throughout the period.

be in writing; and

be in a form approved by the Regulator; and

be accompanied by such information as is specified in the regulations.

any of those trustees is a foreign person; and

any of those trustees is not a foreign person;

(a) each of those trustees is taken, for the purposes of this Act and the Clean Energy Act 2011, to have operational control over the facility throughout the period; and

(b) if there is a provisional emissions number of such a trustee for the fixed charge year in relation to greenhouse gases emitted from the operation of the facility during the period—for the purposes of this Act and the Clean Energy Act 2011, that provisional emissions number is taken to be the number worked out using the formula set out in subsection (7).

this Act; or

(b) the Clean Energy Act 2011.

2 or more persons could satisfy paragraph 11(1)(a) in relation to a facility throughout the period;

no particular person has the greatest authority to introduce and implement the policies mentioned in subparagraphs 11(1)(a)(i) and (iii) in relation to the facility throughout the period;

no declaration under section 55 or 55A applies in relation to the facility at any time during the period;

if the period is included in a fixed charge year—section 11AA does not apply to the facility for the period.

be in writing; and

be in a form approved by the Regulator; and

be accompanied by such information as is specified in the regulations.

any of those persons is a foreign person; and

any of those persons is not a foreign person;

(a) each of the persons mentioned in paragraph (1)(a) is taken, for the purposes of this Act and the Clean Energy Act 2011, to have operational control over the facility throughout the period; and

(b) if there is a provisional emissions number of such a person for the eligible financial year in relation to greenhouse gases emitted from the operation of the facility during the period—for the purposes of this Act and the Clean Energy Act 2011, that provisional emissions number is taken to be the number worked out using the formula set out in subsection (9).

this Act; or

(b) the Clean Energy Act 2011.

because of section 11, 11A or 11B, a trust has operational control over a facility throughout the period;

throughout the period, there are 2 or more trustees of the trust;

no declaration under section 55 or 55A applies in relation to the facility at any time during the period;

if the period is included in a fixed charge year—section 11AB does not apply to the facility for the period.

be in writing; and

be in a form approved by the Regulator; and

be accompanied by such information as is specified in the regulations.

any of those trustees is a foreign person; and

any of those trustees is not a foreign person;

(a) each of those trustees is taken, for the purposes of this Act and the Clean Energy Act 2011, to have operational control over the facility throughout the period; and

(b) if there is a provisional emissions number of such a trustee for the eligible financial year in relation to greenhouse gases emitted from the operation of the facility during the period—for the purposes of this Act and the Clean Energy Act 2011, that provisional emissions number is taken to be the number worked out using the formula set out in subsection (7).

this Act; or

(b) the Clean Energy Act 2011.

greenhouse gas emissions; or

energy production; or

energy consumption;

methods by which the amounts of the emissions, production or consumption, as the case may be, are to be measured; or

criteria for methods by which the amounts of emissions, production or consumption, as the case may be, are to be measured.

for an individual—2,000 penalty units; or

otherwise—10,000 penalty units.

be made to the Regulator; and

be in a form approved by the Regulator; and

set out the information specified by the regulations for the purposes of this paragraph.

either:

(i) a person is a liable entity for the current fixed charge year; or

it may reasonably be expected that the person will be a liable entity for the current fixed charge year; and

either:

the person has an interim emissions number for the current fixed charge year; or

it may reasonably be expected that the person will have an interim emissions number for the current fixed charge year;

for an individual—2,000 penalty units; or

otherwise—10,000 penalty units.

be made to the Regulator; and

be in a form approved by the Regulator; and

set out the information specified by the regulations for the purposes of this paragraph.

the name of each person registered under this Act; and

any other matters, specified in the regulations, that relate to the following:

information included in the application for registration;

whether the person has complied with provisions of this Act;

information included in a report given by the person under this Act;

information that is published under section 24;

the results of a greenhouse and energy audit carried out in relation to the person.

be in writing; and

be in a form approved by the Regulator; and

set out such information as is specified in the regulations.

in a case where the person is the controlling corporation of a group—the group is not likely to meet any of the thresholds under section 13 for:

the financial year in which the application is made; and

the next 2 financial years; and

the person:

is not a liable entity for the financial year in which the application is made; and

is not likely to be a liable entity for any of the next 2 financial years; and

the person does not hold a reporting transfer certificate; and

the person has complied with the person’s obligations under this Act.

greenhouse gas emissions; or

energy production; or

energy consumption;

methods by which the amounts of the emissions, production or consumption, as the case may be, are to be measured; or

criteria for methods by which the amounts of emissions, production or consumption, as the case may be, are to be measured.

greenhouse gas emissions; and

energy production; and

energy consumption;

the calculation of the person’s provisional emissions numbers for the eligible financial year; and

if a provisional emissions number of the person for the eligible financial year is attributable to scope 1 emissions of greenhouse gas—those emissions; and

if a provisional emissions number of the person for the eligible financial year is attributable to potential greenhouse gas emissions embodied in an amount of natural gas—those potential greenhouse gas emissions; and

the calculation of the person’s emissions number for the eligible financial year.

for an individual—2,000 penalty units; or

otherwise—10,000 penalty units.

be given in a manner and form approved by the Regulator; and

set out the information specified by the regulations for the purposes of this paragraph; and

be given to the Regulator before the end of 4 months after the end of the eligible financial year.

a person is a liable entity for a fixed charge year; and

the person has an interim emissions number for the fixed charge year;

the calculation of the person’s interim emissions numbers for the fixed charge year; and

if an interim emissions number of the person for the fixed charge year is attributable to scope 1 emissions of greenhouse gas—those emissions; and

if an interim emissions number of the person for the fixed charge year is attributable to potential greenhouse gas emissions embodied in an amount of natural gas—those potential greenhouse gas emissions.

for an individual—2,000 penalty units; or

otherwise—10,000 penalty units.

be given in a manner and form approved by the Regulator; and

set out the information specified by the regulations for the purposes of this paragraph; and

be given to the Regulator before the end of 15 June in the eligible financial year.

allow the person to report accurately under section 22A; and

enable the Regulator to ascertain whether the person has complied with the person’s obligations under section 22A; and

comply with the requirements of subsection (2) and the regulations made for the purposes of subsection (3).

for an individual—2,000 penalty units; or

otherwise—10,000 penalty units.

the kinds of records; and

the form of records;

allow the person to report accurately under section 22AA; and

enable the Regulator to ascertain whether the person has complied with the person’s obligations under section 22AA; and

comply with the requirements of subsection (2) and the regulations made for the purposes of subsection (3).

for an individual—2,000 penalty units; or

otherwise—10,000 penalty units.

the kinds of records; and

the form of records;

greenhouse gas emissions; and

energy production; and

energy consumption;

for an individual—2,000 penalty units; or

otherwise—10,000 penalty units.

be given in a manner and form approved by the Regulator; and

be based on:

methods determined by the Minister under subsection 10(3); or

methods which meet criteria determined by the Minister under that subsection;

set out the information specified by the regulations for the purposes of this paragraph; and

be given to the Regulator before the end of 4 months after the end of the eligible financial year.

do not meet any threshold; or

do not meet specified thresholds;

allow the person to report accurately under section 22E; and

enable the Regulator to ascertain whether the person has complied with the person’s obligations under section 22E; and

comply with the requirements of subsection (2) and the regulations made for the purposes of subsection (3).

for an individual—2,000 penalty units; or

otherwise—10,000 penalty units.

the kinds of records; and

the form of records;

greenhouse gas emissions; or

energy production; or

energy consumption;

methods by which the amounts of the emissions, production or consumption, as the case may be, are to be measured; or

criteria for methods by which the amounts of emissions, production or consumption, as the case may be, are to be measured.

either:

(i) a facility is under the operational control of a member (the responsible member) of a controlling corporation’s group during the whole or a part of a financial year; or

(ii) during the whole or a part of a financial year, a member (the responsible member) of a controlling corporation’s group is the holder of a liability transfer certificate that was issued under section 83 of the Clean Energy Act 2011 in relation to a facility; and

the controlling corporation and the responsible member have agreed to transfer reporting obligations for the facility to the responsible member; and

before the end of the financial year, the controlling corporation and the responsible member have jointly notified the Regulator, in writing, of:

the agreement; and

the facility to which the agreement relates.

greenhouse gas emissions; and

energy production; and

energy consumption;

greenhouse gas emissions; or

energy production; or

energy consumption;

methods by which the amounts of the emissions, production or consumption, as the case may be, are to be measured; or

criteria for methods by which the amounts of emissions, production or consumption, as the case may be, are to be measured.

be given in a manner and form approved by the Regulator; and

be based on:

methods determined by the Minister under subsection 10(3); or

methods which meet criteria determined by the Minister under that subsection;

include any information specified by the regulations for the purposes of this paragraph; and

be given to the Regulator before the end of 4 months after the end of each financial year.

allow the person to report accurately under section 22X; and

enable the Regulator to ascertain whether the person has complied with the person’s obligations under section 22X; and

comply with the requirements of subsection (2) and the regulations made for the purposes of subsection (3).

the kinds of records; and

the form of records;

totals of greenhouse gas emissions that are scope 1 emissions reported under Part 3 or 3F in relation to the corporation’s group for the previous financial year;

totals of greenhouse gas emissions that are scope 2 emissions reported under Part 3 or 3F in relation to the corporation’s group for the previous financial year;

the totals of energy consumption for the corporation’s group:

reported under Part 3 or 3F in relation to the corporation’s group for the previous financial year; and

adjusted in accordance with the regulations.

totals of greenhouse gas emissions that are scope 1 emissions for:

each member of the corporation’s group; or

each business unit in relation to the corporation’s group;

totals of greenhouse gas emissions that are scope 2 emissions for:

each member of the corporation’s group; or

each business unit in relation to the corporation’s group;

the totals of energy consumption for each member of the corporation’s group, or each business unit in relation to the corporation’s group:

reported under Part 3 or 3F in relation to the corporation’s group for the previous financial year; and

adjusted in accordance with the regulations; and

the methods mentioned in paragraph 19(6)(b) or 22X(4)(b) that were used to measure:

the totals for the corporation’s group referred to in paragraphs (1)(a) and (b); and

the totals of energy consumption reported under Part 3 or 3F in relation to the corporation’s group for the previous financial year; and

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

the total of the numbers specified in the report as the person’s provisional emissions numbers for the eligible financial year; and

if any of those provisional emissions numbers are attributable to scope 1 emissions of greenhouse gas—the total of those provisional emissions numbers; and

if any of those provisional emissions numbers are attributable to potential greenhouse gas emissions embodied in an amount of natural gas—the total of those provisional emissions numbers.

emissions of greenhouse gases that have a carbon dioxide equivalence of 25 kilotonnes or more; or

production of energy of 100 terajoules or more; or

consumption of energy of 100 terajoules or more.

greenhouse gas emissions; or

energy production; or

energy consumption;

methods by which the amounts of the emissions, production or consumption, as the case may be, are to be measured; or

criteria for methods by which the amounts of emissions, production or consumption, as the case may be, are to be measured.

for an individual—20 penalty units per day; or

otherwise—100 penalty units per day.

if the person is a body corporate:

the level of the employees, officers or agents of the body corporate involved in the contravention; and

whether the body corporate exercised due diligence to avoid the contravention; and

whether the body corporate had a corporate culture conducive to compliance.

the officer is aware of a substantial risk that the contravention would occur; and

having regard to the circumstances known to the officer, it is unjustifiable to take the risk.

such a great falling short of the standard of care that a reasonable person would exercise in the circumstances; and

such a high risk that the contravention would occur; and

on application by a non-group entity; or

on the Regulator’s own initiative.

identify the facility for which a declaration is sought; and

include any other information required by the regulations; and

be given in a manner and form approved by the Regulator.

the matters dealt with in regulations made for the purposes of paragraph 9(1)(a); and

the need for each facility to be distinct from, and not overlap with, activities that constitute other facilities.

operating policies;

environmental policies.

on application by the non-group entity; or

on the Regulator’s own initiative.

identify the facility for which a declaration of operational control is sought; and

include any other information required by the regulations; and

be given in a manner and form approved by the Regulator.

operating policies;

environmental policies.

not register a person under section 18A;

refuse an application under section 54A;

declare a facility under paragraph 54A(1)(b);

declare that a non-group entity has operational control of a facility under paragraph 55A(1)(b).

a person is required to provide a report under section 22A for an eligible financial year; and

the person’s emissions number for the eligible financial year exceeds the number specified in the regulations in relation to the eligible financial year.

appoint as an audit team leader a registered greenhouse and energy auditor of the person’s choice; and

arrange for the audit team leader to carry out an audit of:

the section 22A report; and

such other matters (if any) relating to the section 22A report as are specified in the regulations; and

the person’s compliance with section 22B in relation to the eligible financial year; and

arrange for the audit team leader to give the person a written report setting out the results of the audit; and

give the Regulator a copy of the audit report:

on the day on which the section 22A report is provided to the Regulator; and

in the manner specified in the regulations.

for an individual—200 penalty units; or

otherwise—1,000 penalty units.

the type of audit to be carried out; and

the matters to be covered by the audit; and

the form of the audit report and the kinds of details it is to contain.

for an individual—50 penalty units; or

otherwise—250 penalty units.

the following subparagraphs apply:

the person is a non-group entity;

the Regulator has reasonable grounds to suspect that the person has contravened, is contravening, or is proposing to contravene, this Act or the regulations; or

the following subparagraphs apply:

the person is the responsible member mentioned in subsection 22X(1);

the person is not a registered corporation;

the Regulator has reasonable grounds to suspect that the person has contravened, is contravening, or is proposing to contravene, this Act or the regulations.

appoint as an audit team leader:

a registered greenhouse and energy auditor of the relevant person’s choice; or

if the Regulator specifies a registered greenhouse and energy auditor in the notice—that auditor; or

if the Regulator specifies more than one registered greenhouse and energy auditor in the notice—any one of those auditors; and

arrange for the audit team leader to carry out an audit on one or more aspects of the relevant person’s compliance with this Act or the regulations; and

arrange for the audit team leader to give the relevant person a written report setting out the results of the audit; and

give the Regulator a copy of the audit report on or before the day specified in the notice.

the type of audit to be carried out; and

the matters to be covered by the audit; and

the form of the audit report and the kinds of details it is to contain.

for an individual—50 penalty units; or

otherwise—250 penalty units.

for an individual—200 penalty units; or

otherwise—1,000 penalty units.

the person is a non-group entity; or

the person:

is the responsible member mentioned in subsection 22X(1); and

is not a registered corporation.

specify the audit team leader; and

specify the period within which the audit is to be undertaken; and

specify the type of audit to be carried out; and

specify the matters to be covered by the audit; and

be given to the relevant person at a reasonable time before the audit is to be undertaken.

for an individual—50 penalty units; or

otherwise—250 penalty units.

for an individual—200 penalty units; or

otherwise—1,000 penalty units.

this Act; and

legislative instruments under this Act.

give the Minister a report of the review; and

as soon as practicable after giving the report to the Minister, publish the report on the Climate Change Authority’s website.

beginning at the start of 30 June 2016; and

ending at the end of 31 December 2018.

as soon as practicable after receiving the report, the Minister must cause to be prepared a statement setting out the Commonwealth Government’s response to each of the recommendations; and

within 6 months after receiving the report, the Minister must cause copies of the statement to be tabled in each House of the Parliament.

the Climate Change Authority;

the Regulator;

such other persons as the Minister considers relevant.

the Minister, by written instrument given to the Chair of the Climate Change Authority, requests the Climate Change Authority to conduct a review under this section of such matters as are specified in the instrument; and

the matters specified in the instrument are covered by subsection (4).

this Act; and

legislative instruments under this Act.

give the Minister a report of the review; and

as soon as practicable after giving the report to the Minister, publish the report on the Climate Change Authority’s website.

as soon as practicable after receiving the report, the Minister must cause to be prepared a statement setting out the Commonwealth Government’s response to each of the recommendations; and

within 6 months after receiving the report, the Minister must cause copies of the statement to be tabled in each House of the Parliament.

the Climate Change Authority;

the Regulator;

such other persons as the Minister considers relevant.

equipment, or a product, that contains a substance that is an HFC or a PFC; or

equipment, or a product, that contains a substance that is sulfur hexafluoride;

equipment, or a product, prescribed by the regulations; or

equipment, or a product, specified in a legislative instrument made by the Minister.

the person holds an ODS/SGG equipment licence; or

the following conditions are satisfied:

the equipment is kept by the person, or by a member of the person’s household, wholly or principally for private or domestic use;

the equipment is prescribed by the regulations or specified in a legislative instrument made by the Minister;

if the equipment is prescribed by regulations made for the purposes of subparagraph (ii)—the conditions (if any) prescribed by the regulations;

if the equipment is specified in an instrument made by the Minister under subparagraph (ii)—the conditions (if any) specified in a legislative instrument made by the Minister.

a person manufactures an SGG during:

the quarter beginning on 1 July 2012; or

a later quarter; and

the manufacture is not in circumstances prescribed by regulations made for the purposes of paragraph 13(1A)(b);

a person imports an SGG during:

the quarter beginning on 1 July 2012; or

a later quarter; and

the import is not in circumstances prescribed by regulations made for the purposes of paragraph 13(1A)(b); and

the SGG is not contained in ODS equipment or SGG equipment;

a person imports ODS equipment or SGG equipment during:

the quarter beginning on 1 July 2012; or

a later quarter; and

the import is not covered by paragraph 13(6A)(b);

a person exports an SGG during:

the quarter beginning on 1 July 2012; or

a later quarter; and

the export is not in circumstances prescribed by regulations made for the purposes of paragraph 13(1A)(b);

the person is subject to a requirement under subsection (1), (2), (3) or (4); and

the person omits to do an act; and

the omission breaches the requirement.

section 46A; or

if the person is not a body corporate—2,000 penalty units; or

if the person is a body corporate—10,000 penalty units.

(aa) amounts equal to the prescribed rate component of an amount of levy received by the Commonwealth under Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995;section 3A of the

(ab) amounts equal to the prescribed rate component of an amount of levy received by the Commonwealth under Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995;section 4A of the

(ac) amounts equal to the prescribed rate component of an amount of levy received by the Commonwealth under Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Act 1995;section 3A of the

at the end of 60 days after the end of the quarter to which the levy relates; or

if the Minister allows the licensee concerned a longer period—at the end of that longer period.

(a) levy is imposed by Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995 in respect of the import of an SGG by a licensee; andsection 3A of the

the Minister is satisfied that the licensee exported the SGG within 12 months (or such longer period as is prescribed by the regulations) after the import; and

the licensee applies to the Minister, in accordance with the regulations, for remission or refund of the whole or a part of the carbon charge component of the amount of the levy; and

the application is accompanied by such information (if any) as is specified in the regulations; and

the application is accompanied by such documents (if any) as are specified in the regulations; and

(f) the licensee is not exempt from the carbon charge component of the amount of the levy (see Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995);section 3A of the

(a) levy is imposed by Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995 in respect of the import of an SGG by a licensee; andsection 3A of the

the Minister is satisfied that:

the licensee sold the SGG to another person; and

the other person exported the SGG within 12 months (or such longer period as is prescribed by the regulations) after the import of the SGG; and

the licensee applies to the Minister, in accordance with the regulations, for remission or refund of the whole or a part of the carbon charge component of the amount of the levy; and

the application is accompanied by such information (if any) as is specified in the regulations; and

the application is accompanied by such documents (if any) as are specified in the regulations; and

(f) the licensee is not exempt from the carbon charge component of the amount of the levy (see Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995);section 3A of the

(a) levy is imposed by Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995 in respect of the import of SGG equipment by a licensee; andsection 4A of the

the Minister is satisfied that the licensee exported the equipment within 12 months (or such longer period as is prescribed by the regulations) after the import; and

the licensee applies to the Minister, in accordance with the regulations, for remission or refund of the whole or a part of the carbon charge component of the amount of the levy; and

the application is accompanied by such information (if any) as is specified in the regulations; and

the application is accompanied by such documents (if any) as are specified in the regulations;

(a) levy is imposed by Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995 in respect of the import of SGG equipment by a licensee; andsection 4A of the

the Minister is satisfied that:

the licensee sold the equipment to another person; and

the other person exported the equipment within 12 months (or such longer period as is prescribed by the regulations) after the import of the equipment; and

the licensee applies to the Minister, in accordance with the regulations, for remission or refund of the whole or a part of the carbon charge component of the amount of the levy; and

the application is accompanied by such information (if any) as is specified in the regulations; and

the application is accompanied by such documents (if any) as are specified in the regulations;

(a) levy is imposed by Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Act 1995 in respect of the manufacture of an SGG by a licensee; andsection 3A of the

the Minister is satisfied that the licensee exported the SGG within 12 months (or such longer period as is prescribed by the regulations) after the manufacture; and

the licensee applies to the Minister, in accordance with the regulations, for remission or refund of the whole or a part of the carbon charge component of the amount of the levy; and

the application is accompanied by such information (if any) as is specified in the regulations; and

the application is accompanied by such documents (if any) as are specified in the regulations; and

(f) the licensee is not exempt from the carbon charge component of the amount of the levy (see Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Act 1995);section 3A of the

(a) levy is imposed by Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Act 1995 in respect of the manufacture of an SGG by a licensee; andsection 3A of the

the Minister is satisfied that:

the licensee sold the SGG to another person; and

the other person exported the SGG within 12 months (or such longer period as is prescribed by the regulations) after the manufacture of the SGG; and

the licensee applies to the Minister, in accordance with the regulations, for remission or refund of the whole or a part of the carbon charge component of the amount of the levy; and

the application is accompanied by such information (if any) as is specified in the regulations; and

the application is accompanied by such documents (if any) as are specified in the regulations; and

(f) the licensee is not exempt from the carbon charge component of the amount of the levy (see Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Act 1995);section 3A of the

the operation of this Act and the scheme constituted by this Act;

the operation of the regulations;

(c) the operation of the Renewable Energy (Electricity) (Large-scale Generation Shortfall Charge) Act 2000;

(d) the operation of the Renewable Energy (Electricity) (Small-scale Technology Shortfall Charge) Act 2010;

the diversity of renewable energy access to the scheme constituted by this Act, to be considered with reference to a cost benefit analysis of the environmental and economic impact of that access.

give the Minister a report of the review; and

as soon as practicable after giving the report to the Minister, publish the report on the Climate Change Authority’s website.

as soon as practicable after receiving the report, the Minister must cause to be prepared a statement setting out the Commonwealth Government’s response to each of the recommendations; and

within 6 months after receiving the report, the Minister must cause copies of the statement to be tabled in each House of the Parliament.

the Climate Change Authority;

the Regulator;

such other persons as the Minister considers relevant.

the financial year beginning on 1 July 2012; or

a later financial year.

the financial year beginning on 1 July 2012; or

a later financial year.

the financial year beginning on 1 July 2012; or

a later financial year.