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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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C2014C00205 C07
24 June 2014
-
30 June 2014
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Table of contents
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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
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Division 2—Australian National Registry of Emissions Units
9 Australian National Registry of Emissions Units
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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
14A Units in certain accounts cannot be surrendered
15 Voluntary closure of Registry accounts
16 Unilateral closure of Registry accounts etc.
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Division 4—Entries in Registry accounts
17 Entries in Registry accounts
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Division 5—Change in name of account holder
18 Change in name of account holder
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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
21 General power of correction of Registry—prescribed international units
22 Rectification of Registry
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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
38 Conversion of assigned amount units, or removal units, to emission reduction units—joint implementation projects etc.
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—Prescribed international units
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Division 1—Introduction
48 Simplified outline
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Division 2—Australian-issued international units
48A Issue of Australian-issued international units
48B Serial number
48C How Australian-issued international units are to be issued
48D When Australian-issued international units may be issued
48E Regulations about Australian-issued international units
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Division 3—General provisions
49 Entries for prescribed international units
49A Ownership of prescribed international unit
50 Transfer of prescribed international units
51 Domestic transfers of prescribed international units
52 Outgoing international transfers of prescribed international units
53 Incoming international transfers of prescribed international units
54 A registered prescribed international unit is personal property for certain purposes
54A Registration of equitable interests in relation to prescribed international units
55 Equitable interests in relation to a prescribed international unit
56 Transmission of registered prescribed international units by operation of law etc.
57 Regulations about prescribed international units
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Part 5—Publication of information
58 Simplified outline
59 Information about holders of Registry accounts
59A Information about prescribed international units
60 Kyoto information
61 Publication of concise description of the characteristics of eligible international emissions units
61A Information about number of voluntarily cancelled carbon 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 prescribed international units
63A Number of voluntarily cancelled units to be entered in the Information Database
63B Relinquishment requirement to be entered in the Information Database
63C Unpaid administrative penalty to be entered in the Information Database
63D Number of relinquished units to be entered in the Information Database
63E Information about relinquishment requirement applicable to a person who is not in the Information Database
63F Information about unpaid administrative penalties applicable to a person who is not in the Information Database
63G Information about number of units relinquished by a person who is not in the Information Database
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Part 6—Voluntary cancellation of emissions units
64 Simplified outline
64A Voluntary cancellation of carbon units
64B Voluntary cancellation of Australian carbon credit units
65 Voluntary cancellation of Kyoto units
66 Voluntary cancellation of prescribed international units
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Part 6A—Cancellation of Australian-issued international units
66A Cancellation of Australian-issued international units
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Part 6B—Relinquishment of Australian-issued international units
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Division 1—Introduction
66B Simplified outline
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Division 2—Court-ordered relinquishment
66C Units issued as a result of fraudulent conduct—court may order relinquishment
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Division 3—How Australian-issued international units are relinquished
66D How Australian-issued international units are relinquished
66E Transfer of certain units instead of relinquishment of Australian-issued international units
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Division 4—Compliance with relinquishment requirements
66F Compliance with relinquishment requirements
66G Late payment penalty
66H Recovery of penalties
66J Set-off
66K Refund of overpayments
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Division 5—Offences relating to administrative penalties
66L Scheme to avoid existing liability to pay administrative penalty
66M Scheme to avoid future liability to pay administrative penalty
66N Meaning of scheme and trust
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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
86A Commonwealth foreign registry accounts
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
95 Prescribing 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
Endnote 5—Uncommenced amendments [none]
Endnote 6—Modifications [none]
Endnote 7—Misdescribed amendments [none]
Endnote 8—Miscellaneous [none]