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National Greenhouse and Energy Reporting Act 2007
In force
Administered by
Department of Climate Change, Energy, the Environment and Water
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C2024C00109 (C25)
20 March 2024
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Part 1—Introduction
Division 1—Preliminary
1 Short title
2 Commencement
3 Objects
4 Constitutional basis for Act
5 Act excludes some State and Territory laws
5A Crown to be bound
6 Extension to external Territories
6A Extension to exclusive economic zone and continental shelf
6C Application to foreign ships
Division 2—Interpretation
7 Definitions
7A Greenhouse gas
8 Group and members of a group
9 Facilities
10 Emissions, energy production, energy consumption etc.
11 Operational control—basic rule
11A Operational control—person with greatest authority
11B Operational control—nominated person
11C Operational control—trust with multiple trustees
11D Unsatisfactory compliance record
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Part 2—Registration
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Division 1—Applying for registration
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Subdivision A—Application by a controlling corporation
12 Applying to register in relation to meeting a threshold
13 Thresholds
14 Applying to register in relation to greenhouse gas project
15 Requirements for applications
Subdivision B—Application by a person who is not a controlling corporation
15B Application by a person who is not a controlling corporation
Division 2—National Greenhouse and Energy Register
16 National Greenhouse and Energy Register
Division 3—Registration of controlling corporations
17 Registration of corporations
Division 4—Registration of other persons
18AA Registration of other persons
Division 5—Deregistration
18B Deregistration
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Part 3—Reporting obligations of registered corporations etc.
19 Report to be given to the Regulator
20 Liability of other persons to provide certain information
21 Reports relating to greenhouse gas projects: reduction of greenhouse gas emissions and removals of greenhouse gases
21A Reports relating to offsets of greenhouse gas emissions
22 Records to be kept
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Part 3E—Reporting obligations of holders of reporting transfer certificates
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Division 1—Reporting obligations
22G Report to be given to the Regulator
22H Records to be kept
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Division 2—Reporting transfer certificates
22J Reporting transfer test
22K Application for reporting transfer certificate
22KA Further information
22L Issue of reporting transfer certificate
22M Duration of reporting transfer certificate
22N Surrender of reporting transfer certificate
22P Cancellation of reporting transfer certificate
22Q Reporting transfer certificate is not transferable
22R Financial control
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Part 3F—Reporting obligations transferred to member of corporate group
22X Reporting obligations transferred to member of corporate group
22XA Records to be kept
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Part 3G—Reporting obligations of responsible emitters of designated large facilities etc.
22XB Report to be given to Regulator
22XC Records to be kept
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Part 3H—Emissions reduction safeguard mechanism
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Division 1—Introduction
22XD Simplified outline of this Part
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Division 2—Limit on emissions
22XE Excess emissions situation
22XF Duty to ensure that excess emissions situation does not exist
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Division 3—Key concepts
22XG Monitoring periods
22XH Responsible emitter
22XI Covered emissions
22XJ Designated large facility
22XK Net emissions number
22XL Baseline emissions number
22XM Prescribed carbon unit
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Division 4—Surrender of prescribed carbon units
22XN How prescribed carbon units are surrendered
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Division 4A—Safeguard mechanism credit units
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Subdivision A—Issuing safeguard mechanism credit units
22XNA Issuing safeguard mechanism credit units
22XNB Entry in Registry account must be made if safeguard mechanism credit units issued
22XNC Safeguard mechanism credit units issued must be identified with a financial year
22XND Safeguard mechanism credit units held in Commonwealth Registry accounts
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Subdivision B—Requirement to relinquish safeguard mechanism credit units etc.
22XNE Regulator may require relinquishment of safeguard mechanism credit units etc. issued on false or misleading information
22XNF Court may order relinquishment of safeguard mechanism credit units etc. issued as a result of fraudulent conduct
22XNG Information on Regulator’s website regarding relinquishment requirements
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Subdivision C—Compliance with relinquishment requirement
22XNH Relinquishing safeguard mechanism credit units etc. to comply with requirements
22XNI Administrative penalty if relinquishment requirements not complied with
22XNJ Late payment penalty
22XNK Recovery of penalties
22XNL Set off
22XNM Refund of overpayments
22XNN Stay of proceedings for the recovery of an administrative penalty
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Division 5—Other matters
22XO Concurrent operation of State and Territory laws
22XP Administrative decisions under the safeguard rules etc.
22XQ Baseline determinations made under the safeguard rules etc.
22XR Alternative constitutional basis
22XS Safeguard rules
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Part 4—Disclosure of information
23 Secrecy—audit information
24 Publishing of information
25 Requests for information not to be published
27 Information may be disclosed to States and Territories
28 Corporation may request information be disclosed
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Part 5—Enforcement
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Division 1—Civil penalties
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Subdivision A—Civil penalty orders
29 Civil penalty provisions
30 Continuing contraventions
31 Court may order person to pay pecuniary penalty for contravening civil penalty provision
32 Contravening a civil penalty provision is not an offence
33 Persons involved in contravening civil penalty provision
34 Recovery of a pecuniary penalty
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Subdivision B—Civil penalty proceedings and criminal proceedings
35 Civil proceedings after criminal proceedings
36 Criminal proceedings during civil proceedings
37 Criminal proceedings after civil proceedings
38 Evidence given in proceedings for penalty not admissible in criminal proceedings
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Division 2—Infringement notices
39 When an infringement notice can be given
40 Matters to be included in an infringement notice
41 Amount of penalty
42 Withdrawal of an infringement notice
43 Paying the penalty in accordance with the notice
44 Effect of this Division on civil proceedings
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Division 3—Enforceable undertakings
45 Acceptance of undertakings relating to contraventions
46 Enforcement of undertakings
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Division 4—Liability of executive officers of bodies corporate
47 Civil penalties for executive officers of bodies corporate
48 Did an executive officer take reasonable steps to prevent contravention?
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Division 5—Injunctions
49 Injunctions
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Part 6—Administration
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Division 2—Decisions by the Regulator
54 Regulator may declare facility—group
54A Regulator may declare facility—non group entity
54B Regulator may declare facility—anti avoidance
55 Regulator may declare corporation etc. has operational control
55A Regulator may declare non group entity has operational control
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Division 3—Review of decisions
56 AAT review of decisions
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Division 4—Monitoring compliance
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Subdivision A—Authorised officers
57 Appointment of authorised officers
58 Identity cards
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Subdivision B—Powers of authorised officers
59 Entering premises to monitor compliance
60 Powers of authorised officers in monitoring compliance
61 Authorised officer may request persons to answer questions
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Subdivision C—Obligations and incidental powers of authorised officers
62 Authorised officer must produce identity card on request
63 Consent
64 Announcement before entry
65 Details of warrant to be given to occupier etc. before entry
66 Use of electronic equipment in exercising monitoring powers
67 Compensation for damage to electronic equipment
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Subdivision D—Occupier’s rights and responsibilities
68 Occupier entitled to be present during execution of warrant
69 Occupier to provide authorised officer with all facilities and assistance
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Subdivision E—Warrants
70 Monitoring warrants
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Subdivision F—Information gathering
71 Power to request information
72 Prohibitions on disclosure of information do not apply
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Subdivision G—Greenhouse and energy audits
73 Audits of registered corporations—compliance
73A Audits of persons providing information under section 20—compliance
74 Audits of registered corporations—other
74AA Audit of persons providing reports under section 19, 22G, 22X or 22XB
74A Audits of persons providing information under section 20—other
74B Audits of certain entities—compliance
74C Audits of certain entities—other
75 Conduct of audits
75A Register of greenhouse and energy auditors
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Part 7—Miscellaneous
76 Modification of National Environment Protection (National Pollutant Inventory) Measure
76A Periodic reviews of operation of this Act etc.
76B Special reviews of operation of this Act etc.
77 Regulations
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history