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Australian National Registry of Emissions Units Act 2011
In force
Administered by
Department of Climate Change, Energy, the Environment and Water
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C2023C00093 (C12)
12 April 2023
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Part 1—Preliminary
1 Short title
2 Commencement
3 Simplified outline
4 Definitions
5 Electronic notice transmitted to the Regulator
6 Crown to be bound
7 Extension to external Territories
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Part 2—Australian National Registry of Emissions Units
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Division 1—Introduction
8 Simplified outline
Division 2—Australian National Registry of Emissions Units
9 Australian National Registry of Emissions Units
Division 3—Registry accounts
10 Registry accounts
11 Opening of Registry accounts—identification procedures
12 Designation of Commonwealth Registry accounts
13 Opening of new Commonwealth Registry accounts
14 Units in certain accounts cannot be transferred
15 Voluntary closure of Registry accounts
16 Unilateral closure of Registry accounts etc.
Division 4—Entries in Registry accounts
17 Entries in Registry accounts
Division 5—Change in name of account holder
18 Change in name of account holder
Division 6—Correction and rectification of Registry
19 Corrections of clerical errors, obvious defects or unauthorised entries etc.
20 General power of correction of Registry—Kyoto units
22 Rectification of Registry
Division 7—Miscellaneous
23 Making a false entry in the Registry
24 Falsified documents
25 Evidentiary provisions
26 Use and disclosure of information obtained from the Registry
27 Regulations about the Registry
28 Suspension of operation of the Registry
28A Regulator may defer giving effect to a transfer instruction
28B Regulator may refuse to give effect to a transfer instruction
28C Conditions restricting or limiting the operation of Registry accounts
28D Suspension of Registry accounts
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Part 3—Kyoto units
29 Simplified outline
30 Entries for Kyoto units
31 Issue of Australia’s assigned amount units
32 Issue of removal units
32A Ownership of Kyoto unit
33 Transfer of Kyoto units
34 Domestic transfers of Kyoto units
35 Outgoing international transfers of Kyoto units
36 Incoming international transfers of Kyoto units
37 Compliance by Australia with emissions trading eligibility requirements under the Kyoto rules
39 Kyoto rules
40 Carry over restrictions
41 Commitment period reserve
42 Cancellation of temporary certified emission reductions or long term certified emission reductions
43 Replacement of long term certified emission reductions
44 Restrictions on transfer of Kyoto units to a Commonwealth Registry account
45 A registered Kyoto unit is personal property for certain purposes
45A Registration of equitable interests in relation to Kyoto units
46 Equitable interests in relation to a Kyoto unit
47 Transmission of registered Kyoto units by operation of law etc.
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Part 4—Safeguard mechanism credit units
48 Simplified outline of this Part
48A A safeguard mechanism credit unit is personal property
48B Ownership of safeguard mechanism credit units
48C Transfer of safeguard mechanism credit units
48D Transmission of safeguard mechanism credit units by assignment
48E Transmission of safeguard mechanism credit units by operation of law etc.
48F Transfer of safeguard mechanism credit units to another Registry account held by the transferor
48G Registration of equitable interests in relation to a safeguard mechanism credit unit
48H Equitable interests in relation to a safeguard mechanism credit unit
48J Legislative rules about safeguard mechanism credit units
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Part 5—Publication of information
58 Simplified outline
59 Information about holders of Registry accounts
60 Kyoto information
60A Information about Australian carbon credit units
60B Information about safeguard mechanism credit units
61 Publication of concise description of the characteristics of eligible international emissions units
61B Information about number of voluntarily cancelled Australian carbon credit units
62 Information about number of voluntarily cancelled Kyoto units
63 Information about number of voluntarily cancelled safeguard mechanism credit units
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Part 6—Voluntary cancellation of emissions units
64 Simplified outline
64B Voluntary cancellation of Australian carbon credit units
65 Voluntary cancellation of Kyoto units
66 Voluntary cancellation of safeguard mechanism credit units
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Part 7—Civil penalty orders
67 Simplified outline
68 References to Court
69 Civil penalty orders
70 Who may apply for a civil penalty order
71 Two or more proceedings may be heard together
72 Time limit for application for an order
73 Civil evidence and procedure rules for civil penalty orders
74 Civil proceedings after criminal proceedings
75 Criminal proceedings during civil proceedings
76 Criminal proceedings after civil proceedings
77 Evidence given in proceedings for a civil penalty order not admissible in criminal proceedings
78 Mistake of fact
79 State of mind
80 Continuing contraventions
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Part 8—Review of decisions
81 Simplified outline
82 Reviewable decisions
83 Applications for reconsideration of decisions made by delegates of the Regulator
84 Reconsideration by the Regulator
85 Deadline for reconsideration
86 Review by the Administrative Appeals Tribunal
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Part 9—Miscellaneous
87 Computerised decision making
88 Regulator’s power to require further information
89 Delegation by the Minister
90 Delegation by the Secretary
91 Liability for damages
92 Executive power of the Commonwealth
93 Notional payments by the Commonwealth
94 Compensation for acquisition of property
94A Legislative rules
95 Regulations may prescribe matters by reference to other instruments
96 Administrative decisions under the regulations
97 Regulations
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history