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A Bill for an Act to introduce an emissions intensity cap and building efficiency certificate trading scheme for non-residential buildings to provide an economic incentive for investment in energy efficiency, and for related purposes
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Registered 01 Oct 2010
Introduced Senate 29 Sep 2010

2010

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

Safe Climate (Energy Efficient Non‑Residential Buildings Scheme) Bill 2010

 

No.      , 2010

 

(Senator Milne)

 

 

 

A Bill for an Act to introduce an emissions intensity cap and building efficiency certificate trading scheme for non‑residential buildings to provide an economic incentive for investment in energy efficiency, and for related purposes

  

  

  


Contents

Part 1—Preliminary                                                                                                               2

1............ Short title............................................................................................ 2

2............ Commencement.................................................................................. 2

3............ Object of Act...................................................................................... 2

4............ Constitutional basis for Act............................................................... 2

5............ Crown to be bound............................................................................. 2

6............ Application to external Territories..................................................... 3

7............ Relationship with State and Territory laws....................................... 3

8............ Definitions.......................................................................................... 3

Part 2—Emissions intensity cap                                                                                     5

9............ Classes of non‑residential buildings.................................................... 5

10.......... Measurement of emissions intensities................................................ 5

11.......... Application of Act to owners of non‑residential buildings................ 5

12.......... Transitional reporting by owners....................................................... 5

13.......... Emissions intensity cap...................................................................... 7

14.......... National scheme gateway................................................................... 9

Part 3—Reporting                                                                                                                 10

15.......... Annual reporting by owners............................................................. 10

Part 4—Building Efficiency Certificate Scheme                                                  12

16.......... Building Efficiency Certificate Scheme............................................. 12

17.......... Building efficiency certificates.......................................................... 12

18.......... Dealing in certificates........................................................................ 12

19.......... Surrender of certificates to meet reported emissions intensity........ 12

20.......... Failure to surrender sufficient certificates subject to building efficiency certificate shortfall penalty    13

21.......... Late payment penalty...................................................................... 14

22.......... Recovery of penalties....................................................................... 14

23.......... Records to be kept............................................................................ 14

Part 5—Register                                                                                                                    16

24.......... Register to be kept............................................................................ 16

25.......... Inspection of register........................................................................ 16

26.......... Evidentiary value of register............................................................. 16

Part 6—Enforcement                                                                                                           18

Division 1—Civil penalty orders                                                                          18

27.......... Civil penalty provisions................................................................... 18

28.......... Continuing contraventions................................................................ 18

29.......... Court may order person to pay pecuniary penalty for contravening civil penalty provision                19

30.......... Contravening a civil penalty provision is not an offence................. 20

31.......... Persons involved in contravening civil penalty provision................ 20

32.......... Recovery of a pecuniary penalty..................................................... 20

Division 2—Infringement notices                                                                        21

33.......... When an infringement notice can be given........................................ 21

34.......... Matters to be included in an infringement notice............................. 21

35.......... Amount of penalty........................................................................... 22

36.......... Withdrawal of an infringement notice............................................... 22

37.......... Paying the penalty in accordance with the notice............................ 23

38.......... Effect of this Division on civil proceedings...................................... 23

Division 3—Enforceable undertakings                                                             24

39.......... Acceptance of undertakings relating to contraventions.................... 24

40.......... Enforcement of undertakings............................................................ 24

Division 4—Liability of chief executive officers of corporations         26

41.......... Civil penalties for chief executive officers of corporations.............. 26

42.......... Did a chief executive officer take reasonable steps to prevent contravention?        26

Part 7—Monitoring compliance                                                                                    28

Division 1—Authorised officers                                                                            28

43.......... Appointment of authorised officers................................................. 28

44.......... Identity cards.................................................................................... 28

Division 2—Powers of authorised officers                                                      30

45.......... Entering premises to monitor compliance........................................ 30

46.......... Powers of authorised officers in monitoring compliance.................. 30

47.......... Authorised officer may request persons to answer questions......... 32

Division 3—Obligations and incidental powers of authorised officers 33

48.......... Authorised officer must produce identity card on request............... 33

49.......... Consent............................................................................................. 33

50.......... Announcement before entry............................................................. 33

51.......... Details of warrant to be given to occupier etc. before entry............ 33

52.......... Use of electronic equipment in exercising monitoring powers......... 34

53.......... Compensation for damage to electronic equipment.......................... 35

Division 4—Occupier’s rights and responsibilities                                    37

54.......... Occupier entitled to be present during execution of warrant............ 37

55.......... Occupier to provide authorised officer with all facilities and assistance 37

Division 5—Warrants                                                                                                 38

56.......... Monitoring warrants......................................................................... 38

Division 6—Information gathering                                                                      39

57.......... Power to request information........................................................... 39

58.......... Prohibitions on disclosure of information do not apply.................. 40

Division 7—External audits                                                                                    41

59.......... External audits—compliance............................................................ 41

60.......... External audits—other...................................................................... 42

61.......... Requirements for external auditors................................................... 42

Part 8—Miscellaneous                                                                                                       44

62.......... Information may be provided to States and Territories................... 44

63.......... Compensation for acquisition of property....................................... 45

64.......... Annual report on operation of Act................................................... 45

65.......... Regulations....................................................................................... 45


A Bill for an Act to introduce an emissions intensity cap and building efficiency certificate trading scheme for non‑residential buildings to provide an economic incentive for investment in energy efficiency, and for related purposes

The Parliament of Australia enacts:

Part 1Preliminary

  

1  Short title

                   This Act may be cited as the Safe Climate (Energy Efficient Non‑Residential Buildings Scheme) Act 2010.

2  Commencement

                   This Act commences on the day on which it receives the Royal Assent.

3  Object of Act

                   The object of this Act is to provide an economic incentive to owners of non‑residential buildings to improve the energy efficiency of such buildings by:

                     (a)  providing for emissions intensity caps that are to be met by the owners of non‑residential buildings; and

                     (b)  providing for emissions intensity caps to be complied with by the surrender of building efficiency certificates.

4  Constitutional basis for Act

                   This Act relies on:

                     (a)  the Commonwealth’s legislative powers under paragraphs 51(xx), (xxix) and (xxxix) of the Constitution; and

                     (b)  any implied legislative powers of the Commonwealth.

5  Crown to be bound

             (1)  This Act binds the Crown in each of its capacities.

             (2)  This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.

             (3)  The protection in subsection (2) does not apply to an authority of the Crown.

             (4)  The protection in subsection (2) does not apply to a penalty under section 20 or 21.

6  Application to external Territories

                   This Act extends to all the external Territories.

7  Relationship with State and Territory laws

             (1)  This Act is intended to apply to the exclusion of a law of a State or Territory that is prescribed by the regulations.

             (2)  However, subject to subsection (1), this Act is not intended to exclude or limit the concurrent operation of any other law of a State or Territory, except so far as the contrary intention appears.

8  Definitions

                   In this Act:

building efficiency certificate shortfall has the meaning given by subsections 20(1) and (2).

building efficiency certificate shortfall penalty means the penalty payable under section 20 by the owner of a non‑residential building who fails to surrender sufficient certificates for a financial year.

carbon dioxide equivalent of greenhouse gas emissions means the mass of carbon dioxide measured in tonnes that has the same global warming potential as the greenhouse gas emissions.

certificate means a building efficiency certificate created under Part 4.

emissions intensity of a building is the figure calculated by a methodology determined under section 10.

emissions intensity cap means the cap determined under section 13.

emissions intensity information means information reported to the Greenhouse and Energy Data Officer under this Act or information obtained by a person whilst performing duties under this Act or the regulations.

Greenhouse and Energy Data Officer means the Greenhouse and Energy Data Officer established under section 49 of the National Greenhouse and Energy Reporting Act 2007.

greenhouse gas has the same meaning as in the National Greenhouse and Energy Reporting Act 2007.

non‑residential building means any building that falls within the scope of Class 3, 5, 6, 7, 8 or 9 of the Building Code of Australia for a year.

register means the Register of the Emissions Intensity of Non‑Residential Buildings established under section 24.

scheme means the Building Efficiency Certificate Scheme established under section 16.

scheme penalty rate means the penalty rate prescribed by the regulations which is applied in the case of a building efficiency certificate shortfall.

transitional report has the meaning given by subsection 12(1).

transitional reporting period has the meaning given by subsection 12(6).

Part 2Emissions intensity cap

  

9  Classes of non‑residential buildings

             (1)  The Minister, within 3 months of the commencement of this Act, must determine by legislative instrument the different classes of non‑residential buildings to which this Act applies.

             (2)  The Minister, by 31 May in any year, may determine different or additional classes of non‑residential buildings than those determined under subsection (1) to which the Act will apply in the financial year commencing 1 July 3 years later.

10  Measurement of emissions intensities

                   The Minister, within 3 months of the commencement of this Act, must determine by legislative instrument methods, or criteria for methods, by which emissions intensities are to be measured for the purposes of this Act and may specify:

                     (a)  different methods or criteria for different classes of non‑residential buildings; and

                     (b)  different methods or criteria depending on the circumstances under which non‑residential buildings operate, such as climate; and

                     (c)  conditions relating to the use of methods determined by the Minister or of methods which meet criteria determined by the Minister.

11  Application of Act to owners of non‑residential buildings

                   This Act applies to the owner of each non‑residential building within a class of non‑residential buildings that is determined under subsection 9(1) or (2).

12  Transitional reporting by owners

             (1)  The owner of a non‑residential building in a class determined under subsection 9(1) or (2) must provide an annual report to the Greenhouse and Energy Data Officer, for the two financial years commencing the next 1 July after the class is determined (transitional reports).

Civil penalty:            100 penalty units.

Note 1:       Under Division 137 of the Criminal Code it may be an offence to provide false or misleading information or documents to the Greenhouse and Energy Data Officer in purported compliance with this Act.

Note 2:       Under section 28 the person may be liable for an additional civil penalty for each day after the day specified in the determination for which it fails to provide information in accordance with this section.

             (2)  A transitional report under this section must:

                     (a)  be given in a manner and form approved by the Greenhouse and Energy Data Officer; and

                     (b)  include information based on methods determined by the Minister under subsection 10(3), or methods which meet criteria determined by the Minister under that subsection, for the calculation of the emissions intensity of the relevant non‑residential building, where the use of those methods satisfies any conditions specified in a determination under that subsection; and

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

                     (d)  be given to the Greenhouse and Energy Data Officer before the end of 30 days after the end of the relevant financial year.

             (3)  Regulations made for the purposes of paragraph (2)(c) may specify different requirements for different circumstances.

             (4)  Regulations made for the purposes of paragraph (2)(c) may also specify information that a State or Territory has requested the Greenhouse and Energy Data Officer to collect.

             (5)  The Greenhouse and Energy Data Officer must:

                     (a)  collate the information received under paragraph (2)(b) and provide it to the Minister within 3 months of the end of the relevant financial year; and

                     (b)  include the uncollated information in the register established under section 24.

             (6)  In this Act:

transitional reporting period means the 2 financial year period specified in subsection (1).

13  Emissions intensity cap

             (1)  The regulations must declare that a quantity, in tonnes of carbon dioxide equivalent of greenhouse gas emissions per square metre, is the emissions intensity cap that will apply to each class of non‑residential buildings determined under section 9 for a specified financial year which must commence after the end of the relevant transitional reporting period.

             (2)  The Minister must take all reasonable steps to ensure that after receiving the relevant second report under paragraph 12(5)(a):

                     (a)  regulations declaring the emissions intensity caps for the financial year commencing the next 1 July; and

                     (b)  regulations declaring the energy efficiency caps for each of the next 9 financial years;

are made before the next 31 May.

             (3)  In making a recommendation to the Governor‑General about regulations to be made for the purposes of subsection (2), the Minister must have regard to the average emissions intensity for a class of non‑residential buildings, calculated using the two relevant reports received under paragraph 12(5)(a).

             (4)  The Minister must take all reasonable steps to ensure that:

                     (a)  regulations declaring the emissions intensity cap for the financial year beginning on the next 1 July after the financial years covered by subsection (2) are made at least 5 years before the end of that financial year; and

                     (b)  regulations declaring the emissions intensity cap for a later financial year are made at least 5 years before the end of that later financial year.

             (5)  In making a recommendation to the Governor‑General about regulations to be made for the purposes of subsection (4), the Minister may have regard to information provided to the Greenhouse and Energy Data Officer under paragraph 15(2)(b).

             (6)  If:

                     (a)  apart from this subsection, at the beginning of the 5‑year period ending at the end of a financial year (the current financial year), there is no emissions intensity cap for the current financial year; and

                     (b)  there was an emissions intensity cap for the previous financial year; and

                     (c)  the current financial year is a financial year covered by subsection (4);

the emissions intensity cap for the current financial year is equal to:

                     (d)  if 99% of the emissions intensity cap for the previous financial year is less than the lower bound of the national scheme gateway for the current financial year—that lower bound; or

                     (e)  if 99% of the emissions intensity cap for the previous financial year exceeds the upper bound of the national scheme gateway for the current financial year—that upper bound; or

                      (f)  if neither paragraph (d) nor (e) applies—99% of the emissions intensity cap for the previous financial year (rounded to the nearest whole number, with a number ending in .5 being rounded up).

             (7)  In making a recommendation to the Governor‑General about regulations to be made for the purposes of this section, the Minister may have regard to such matters (if any) as the Minister considers relevant.

14  National scheme gateway

Scope

             (1)  This section applies to a financial year covered by subsection 13(4).

Gateway

             (2)  The regulations may declare that:

                     (a)  a quantity, in tonnes of carbon dioxide equivalent of greenhouse gas emissions per square metre, is the upper bound of the national scheme gateway for a specified financial year; and

                     (b)  a quantity, in tonnes of carbon dioxide equivalent of greenhouse gas emissions per square metre, is the lower bound of the national scheme gateway for a specified financial year.

Emissions intensity cap

             (3)  The Minister must take all reasonable steps to ensure that the emissions intensity cap for a financial year:

                     (a)  is not more than the upper bound of the national scheme gateway (if any) for the financial year; and

                     (b)  is not less than the lower bound of the national scheme gateway (if any) for the financial year.

Regulations

             (4)  In making a recommendation to the Governor‑General about regulations to be made for the purposes of this section, the Minister may have regard to such matters (if any) as the Minister considers relevant.

Part 3Reporting

  

15  Annual reporting by owners

             (1)  An owner of a non‑residential building must provide an annual report to the Greenhouse and Energy Data Officer, for a financial year which commences after the end of the relevant transitional reporting period.

Civil penalty:            100 penalty units.

Note 1:       Under Division 137 of the Criminal Code it may be an offence to provide false or misleading information or documents to the Greenhouse and Energy Data Officer in purported compliance with this Act.

Note 2:       Under section 28 the person may be liable for an additional civil penalty for each day after the day specified in the determination for which it fails to provide information in accordance with this section.

             (2)  An annual report under this section must:

                     (a)  be given in a manner and form approved by the Greenhouse and Energy Data Officer; and

                     (b)  include information based on methods determined by the Minister under subsection 10(3), or methods which meet criteria determined by the Minister under that subsection, for the calculation of the emissions intensity of the relevant non‑residential building, where the use of those methods satisfies any conditions specified in the determination under that subsection; and

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

                     (d)  be given to the Greenhouse and Energy Data Officer before the end of 90 days after the end of the relevant financial year.

             (3)  Regulations made for the purposes of paragraph (2)(c) may specify different requirements for different circumstances.

             (4)  Regulations made for the purposes of paragraph (2)(c) may also specify information that a State or Territory has requested the Greenhouse and Energy Data Officer to collect.

             (5)  The Greenhouse and Energy Data Officer must include the information provided under paragraph (2)(b) in the register established under section 24.

Part 4Building Efficiency Certificate Scheme

  

16  Building Efficiency Certificate Scheme

             (1)  The Building Efficiency Certificate Scheme is established by this section.

             (2)  The Greenhouse and Energy Data Officer is the administrator of the scheme.

17  Building efficiency certificates

             (1)  If an emissions intensity cap is declared in respect of a class of non‑residential building for a financial year, the Greenhouse and Energy Data Officer must allocate in that financial year building efficiency certificates to the owner of each non‑residential building to the value of the relevant emissions intensity cap as it applies to that building.

             (2)  The Greenhouse and Energy Data Officer must include in the register established under section 24 the number of certificates allocated in a financial year to the owner of a non‑residential building.

             (3)  A certificate is transferable and may be transferred to anyone.

18  Dealing in certificates

             (1)  The Minister must ensure that a system for transfers and dealings in certificates is established by legislative instrument by the end of the period of 12 months after the commencement of this Act.

             (2)  The system may provide for certificates to be stockpiled for a specified period.

19  Surrender of certificates to meet reported emissions intensity

             (1)  The owner of a non‑residential building must surrender to the Greenhouse and Energy Data Officer certificates to the value of the emissions intensity of the building reported under paragraph 15(2)(b) for the financial year, within 60 days of providing that report to the Greenhouse and Energy Data Officer.

             (2)  The Greenhouse and Energy Data Officer must include in the register established under section 24 the number of certificates surrendered for a financial year by the owner of a non‑residential building.

20  Failure to surrender sufficient certificates subject to building efficiency certificate shortfall penalty

             (1)  If the owner of a non‑residential building fails to surrender certificates to the value of the emissions intensity of the building reported under paragraph 15(2)(b) for the financial year, the owner has a building efficiency certificate shortfall.

             (2)  The amount of the building efficiency certificate shortfall is the difference between the number of certificates surrendered and the number of certificates required to be surrendered under subsection 19(1).

             (3)  An owner who has a building efficiency certificate shortfall for a year is liable to pay a penalty in respect of that year (a building efficiency certificate shortfall penalty).

             (4)  The amount of the building efficiency certificate shortfall penalty is the amount (in dollars) calculated by multiplying the amount of the building efficiency certificate shortfall by the scheme penalty rate for a year prescribed by the regulations.

             (5)  If the amount calculated under subsection (4) is not a whole number of dollars, it is to be rounded down to the nearest whole number of dollars.

             (6)  A building efficiency certificate shortfall penalty payable by the owner of a non‑residential building for a financial year is payable to the Greenhouse and Energy Data Officer at the same time as the owner surrenders certificates for the financial year under section 19.

             (7)  Any building efficiency certificate penalties collected under this section are to be used for greenhouse gas reduction activities and programs nominated by the Minister.

21  Late payment penalty

             (1)  If an amount payable under section 20 remains unpaid after the time when it became due for payment, the owner of a non‑residential building is liable to pay, by way of penalty, an amount calculated at the rate of:

                     (a)  20% per annum; or

                     (b)  if a lower rate per annum is specified in the regulations—that lower rate per annum;

on the amount unpaid, computed from that time.

             (2)  The Greenhouse and Energy Data Officer may remit the whole or a part of an amount payable under subsection (1).

22  Recovery of penalties

                   An amount payable under section 20 or 21:

                     (a)  is a debt due to the Commonwealth; and

                     (b)  may be recovered by the Greenhouse and Energy Data Officer, on behalf of the Commonwealth, by action in a court of competent jurisdiction.

23  Records to be kept

             (1)  The owner of a non‑residential building must keep records that:

                     (a)  allow the owner to report accurately under this Act; and

                     (b)  enable the Greenhouse and Energy Data Officer to ascertain whether the owner has complied with this Act; and

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

Civil penalty:            100 penalty units.

             (2)  The owner of a non‑residential building must retain the records for 7 years from the end of the year to which the records relate.

             (3)  The regulations may specify requirements relating to:

                     (a)  the kinds of records; and

                     (b)  form of records;

that must be kept under subsection (1).

Part 5Register

  

24  Register to be kept

             (1)  The Greenhouse and Energy Data Officer must keep a register for the purposes of this Act, to be known as the Register of the Emissions Intensity of Non‑Residential Buildings.

             (2)  The register may be kept completely or partly in electronic form.

             (3)  The register must contain any information required to be included in the register:

                     (a)  under this Act; or

                     (b)  under the regulations.

             (4)  The register may contain any other information that the Greenhouse and Energy Data Officer considers it necessary to include in the register:

25  Inspection of register

             (1)  The register is to be available for public inspection, without fee, during ordinary office hours at the principal office of the Greenhouse and Energy Data Officer.

             (2)  If the register is kept by use of a computer, subsection (1) is taken to be complied with by giving members of the public access to a computer terminal that they can use to inspect, either on a screen or in the form of a computer printout, particulars that are kept by the use of a computer.

             (3)  A copy of the register, to the extent that it is kept in electronic form, must be available for public inspection, without fee, on the Internet.

26  Evidentiary value of register

             (1)  The register is admissible in proceedings as evidence of the matters registered in it.

             (2)  If the register is kept by the use of a computer, the Greenhouse and Energy Data Officer may issue a document containing the details of a matter taken from the register.

             (3)  The document issued under subsection (2) is admissible in proceedings as evidence of the matter.

             (4)  The Greenhouse and Energy Data Officer may give a person a certified copy of, or extract from, the register on payment of the prescribed fee (if any).

             (5)  The certified copy is admissible in proceedings without any further proof of, or the production of, the original.

             (6)  This section does not limit the manner in which evidence may be adduced, or the admissibility of evidence, under the Evidence Act 1995.

Part 6Enforcement

Division 1Civil penalty orders

27  Civil penalty provisions

                   The following are civil penalty provisions for the purposes of this Act:

                     (a)  a subsection of this Act (or a section of this Act that is not divided into subsections) if the words “civil penalty” and one or more amounts in penalty units are set out at the foot of the subsection (or section);

                     (b)  a subsection of this Act if another provision of this Act specifies that the subsection is a civil penalty provision.

28  Continuing contraventions

             (1)  If an act or thing is required, under a civil penalty provision of this Act, to be done within a particular period, or before a particular time, then the obligation to do that act or thing continues (even if the period has expired or the time has passed) until the act or thing is done.

             (2)  If, under section 12, 15 or 59, an act or thing is required to be done within a particular period, or before a particular time, and a person fails to comply with that requirement, the person is liable for a civil penalty for each day that the person fails to comply.

Civil penalty:            100 penalty units per day.

             (3)  To avoid doubt, a person’s failure to comply with such a requirement on a particular day is taken, for the purposes of this Act, not to be the same conduct as the person’s failure to comply with that requirement on a different day.

29  Court may order person to pay pecuniary penalty for contravening civil penalty provision

Application for order

             (1)  Within 6 years of a person contravening a civil penalty provision, the Greenhouse and Energy Data Officer may apply, on behalf of the Commonwealth, to a Court for an order that the person pay the Commonwealth a pecuniary penalty.

Court may order person to pay pecuniary penalty

             (2)  If the Court is satisfied that the person has contravened a civil penalty provision, the Court may order the person to pay to the Commonwealth for each contravention the pecuniary penalty that the Court determines is appropriate.

Maximum pecuniary penalty

             (3)  The pecuniary penalty must not exceed the sum of:

                     (a)  the relevant amount specified for the civil penalty provision; and

                     (b)  the amount (if any) for which the person is liable under section 28 at the time the Court makes the order.

Determining amount of pecuniary penalty

             (4)  In determining the pecuniary penalty, the Court must have regard to all relevant matters, including:

                     (a)  the nature and extent of the contravention; and

                     (b)  the nature and extent of any loss or damage suffered as a result of the contravention; and

                     (c)  the circumstances in which the contravention took place; and

                     (d)  whether the person has previously been found by the Court in proceedings under this Act to have engaged in any similar conduct.

Conduct contravening more than one civil penalty provision

             (5)  If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Act against a person in relation to the contravention of any one or more of those provisions. However, the person is not liable to more than one pecuniary penalty under this section in respect of the same conduct.

30  Contravening a civil penalty provision is not an offence

                   A contravention of a civil penalty provision is not an offence.

31  Persons involved in contravening civil penalty provision

             (1)  A person must not:

                     (a)  aid, abet, counsel or procure a contravention of a civil penalty provision; or

                     (b)  induce (by threats, promises or otherwise) a contravention of a civil penalty provision; or

                     (c)  be in any way directly or indirectly knowingly concerned in, or party to, a contravention of a civil penalty provision; or

                     (d)  conspire to contravene a civil penalty provision.

             (2)  This Division applies to a person who contravenes subsection (1) in relation to a civil penalty provision as if the person had contravened the provision.

32  Recovery of a pecuniary penalty

                   If a Court orders a person to pay a pecuniary penalty:

                     (a)  the penalty is payable to the Commonwealth; and

                     (b)  the Commonwealth may enforce the order as if it were a judgment of the Court.

Division 2Infringement notices

33  When an infringement notice can be given

             (1)  If the Greenhouse and Energy Data Officer has reasonable grounds to believe that a person has contravened a civil penalty provision, the Greenhouse and Energy Data Officer may give to the person an infringement notice relating to the alleged contravention.

             (2)  An infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.

             (3)  A single infringement notice may be given to a person in respect of:

                     (a)  2 or more alleged contraventions of a civil penalty provision; and

                     (b)  alleged contraventions of 2 or more civil penalty provisions.

However, the notice must not require the person to pay more than one penalty in respect of the same conduct.

34  Matters to be included in an infringement notice

             (1)  An infringement notice must:

                     (a)  identify the person to whom the notice is given; and

                     (b)  set out brief details of:

                              (i)  the alleged contravention of the civil penalty provision; or

                             (ii)  if the infringement notice relates to 2 or more alleged contraventions of a civil penalty provision or alleged contraventions of 2 or more civil penalty provisions—each alleged contravention; and

                     (c)  contain a statement to the effect that proceedings will not be brought under this Part in relation to the alleged contravention or contraventions if the penalty specified in the notice is paid to the Greenhouse and Energy Data Officer, on behalf of the Commonwealth, within:

                              (i)  28 days after the notice is given; or

                             (ii)  if the Greenhouse and Energy Data Officer allows a longer period—that longer period; and

                     (d)  contain a statement to the effect that the person to whom the notice is given may choose not to pay the penalty and, if the person does so, proceedings may be brought under this Part in relation to the alleged contravention or contraventions; and

                     (e)  give an explanation of how payment of the penalty is to be made; and

                      (f)  set out such other matters (if any) as are specified by the regulations.

Note:          For the amount of penalty, see section 35.

             (2)  For the purposes of paragraph (1)(b), the brief details must include the following information in relation to each alleged contravention:

                     (a)  the date, time and place of the contravention;

                     (b)  the civil penalty provision that was allegedly contravened.

35  Amount of penalty

                   The penalty to be specified in an infringement notice relating to a person’s alleged contravention of a civil penalty provision must be a pecuniary penalty equal to one‑fifth of the maximum penalty that a Court could impose on the person for that contravention.

Note:          To work out this maximum penalty, see subsection 29(3).

36  Withdrawal of an infringement notice

             (1)  This section applies if an infringement notice is given to a person.

             (2)  The Greenhouse and Energy Data Officer may, by written notice given to the person, withdraw the infringement notice.

Refund of penalty if infringement notice withdrawn

             (3)  If:

                     (a)  the penalty specified in the infringement notice is paid; and

                     (b)  the infringement notice is withdrawn after the penalty is paid;

the Commonwealth is liable to refund the penalty.

37  Paying the penalty in accordance with the notice

             (1)  This section applies if:

                     (a)  an infringement notice relating to an alleged contravention of a civil penalty provision is given to a person; and

                     (b)  the penalty is paid in accordance with the infringement notice; and

                     (c)  the infringement notice is not withdrawn.

             (2)  Any liability of the person for the alleged contravention is discharged.

             (3)  The payment of the penalty is not to be taken as an admission by the person of liability for the alleged contravention.

             (4)  Proceedings under this Part may not be brought against the person for the alleged contravention.

38  Effect of this Division on civil proceedings

                   This Division does not:

                     (a)  require an infringement notice to be given in relation to an alleged contravention of a civil penalty provision; or

                     (b)  affect the liability of a person to have proceedings under this Part brought against the person for an alleged contravention of a civil penalty provision if:

                              (i)  the person does not comply with an infringement notice relating to the contravention; or

                             (ii)  an infringement notice relating to the contravention is not given to the person; or

                            (iii)  an infringement notice relating to the contravention is given to the person and subsequently withdrawn; or

                     (c)  limit a Court’s discretion to determine the amount of a penalty to be imposed on a person who is found in proceedings under this Part to have contravened a civil penalty provision.

Division 3Enforceable undertakings

39  Acceptance of undertakings relating to contraventions

             (1)  The Greenhouse and Energy Data Officer may accept any of the following undertakings given by a person:

                     (a)  a written undertaking that the person will take specified action, in order to comply with the provisions of this Act or the regulations;

                     (b)  a written undertaking that the person will refrain from taking specified action in order to comply with the provisions of this Act or the regulations;

                     (c)  a written undertaking that the person will take specified action directed towards ensuring that the person:

                              (i)  does not commit a contravention of this Act or the regulations; or

                             (ii)  is unlikely to commit a contravention of this Act or the regulations;

                            in the future;

                     (d)  a written undertaking of a kind specified in regulations made for the purposes of this paragraph.

             (2)  The undertaking must be expressed to be an undertaking under this section.

             (3)  The person may withdraw or vary the undertaking at any time, but only with the consent of the Greenhouse and Energy Data Officer.

             (4)  The Greenhouse and Energy Data Officer may, by written notice given to the person, cancel the undertaking.

             (5)  The undertaking may be published on an appropriate website.

40  Enforcement of undertakings

             (1)  If:

                     (a)  a person has given an undertaking under section 39; and

                     (b)  the undertaking has not been withdrawn or cancelled; and

                     (c)  the Greenhouse and Energy Data Officer considers that the person has breached the undertaking;

the Greenhouse and Energy Data Officer may apply to a Court for an order under subsection (2).

             (2)  If the Court is satisfied that the person has breached the undertaking, the Court may make any or all of the following orders:

                     (a)  an order directing the person to comply with the undertaking;

                     (b)  an order directing the person to pay to the Greenhouse and Energy Data Officer, on behalf of the Commonwealth, an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;

                     (c)  any order that the Court considers appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach;

                     (d)  any other order that the Court considers appropriate.

Division 4Liability of chief executive officers of corporations

41  Civil penalties for chief executive officers of corporations

             (1)  If:

                     (a)  a corporation contravenes a civil penalty provision; and

                     (b)  a chief executive officer of the corporation knew that, or was reckless or negligent as to whether, the contravention would occur; and

                     (c)  the officer was in a position to influence the conduct of the corporation in relation to the contravention; and

                     (d)  the officer failed to take all reasonable steps to prevent the contravention;

the officer contravenes this subsection.

             (2)  Subsection (1) is a civil penalty provision.

             (3)  Under section 29, a Court may order a person contravening subsection (1) to pay a pecuniary penalty not more than the pecuniary penalty the Court could order a corporation to pay for contravening the civil penalty provision mentioned in paragraph (1)(a).

42  Did a chief executive officer take reasonable steps to prevent contravention?

             (1)  For the purposes of section 41, in determining whether a chief executive officer of a corporation failed to take all reasonable steps to prevent a contravention, a Court is to have regard to:

                     (a)  what action (if any) the officer took directed towards ensuring the following (to the extent that the action is relevant to the contravention):

                              (i)  that the corporation regularly assesses its compliance with this Act or the regulations;

                             (ii)  that the corporation implements any appropriate recommendations arising from such an assessment;

                            (iii)  that the corporation’s employees, agents and contractors have a reasonable knowledge and understanding of the requirements to comply with this Act and the regulations in so far as those requirements affect the employees, agents or contractors concerned; and

                     (b)  what action (if any) the officer took when he or she became aware that the corporation was contravening this Act or the regulations.

             (2)  This section does not, by implication, limit the generality of section 41.

Part 7Monitoring compliance

Division 1Authorised officers

43  Appointment of authorised officers

             (1)  The Greenhouse and Energy Data Officer may, in writing, appoint:

                     (a)  an APS employee; or

                     (b)  an employee of a State or a Territory or of an authority of a State or a Territory;

to be an authorised officer for the purposes of this Division.

             (2)  In exercising powers or performing functions as an authorised officer, an authorised officer must comply with any directions of the Greenhouse and Energy Data Officer.

Note:          Section 70 of the Crimes Act 1914 creates an offence where Commonwealth officers (including persons performing services for or on behalf of the Commonwealth) disclose information in breach of a duty of confidentiality.

44  Identity cards

             (1)  The Greenhouse and Energy Data Officer must issue an identity card to an authorised officer in the form specified by the regulations. The identity card must contain a recent photograph of the authorised officer.

             (2)  A person commits an offence if:

                     (a)  the person has been issued with an identity card; and

                     (b)  the person ceases to be an authorised officer; and

                     (c)  the person does not, as soon as practicable after so ceasing, return the identity card to the Greenhouse and Energy Data Officer.

Penalty:  1 penalty unit.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

             (3)  An authorised officer must carry the identity card at all times when exercising powers or performing functions as an authorised officer.

Division 2Powers of authorised officers

45  Entering premises to monitor compliance

             (1)  For the purposes of determining whether this Act has been complied with, an authorised officer may:

                     (a)  enter any premises:

                              (i)  during normal business hours; or

                             (ii)  if the entry is made under a warrant—at any time specified in the warrant; and

                     (b)  exercise the powers set out in section 46.

             (2)  An authorised officer is not authorised to enter premises under subsection (1) unless:

                     (a)  if the premises are business premises—the occupier of the premises has consented to the entry and the officer has shown his or her identity card if required by the occupier; or

                     (b)  the entry is made under a warrant.

             (3)  If an authorised officer is on the premises with the consent of the occupier, the authorised officer must leave the premises if the occupier asks the authorised officer to do so.

46  Powers of authorised officers in monitoring compliance

             (1)  The following are the powers that an authorised officer may exercise in relation to premises under section 45:

                     (a)  the power to search the premises for any thing on the premises that may relate to compliance with this Act;

                     (b)  the power to examine any activity conducted on the premises that may relate to information provided for the purposes of this Act;

                     (c)  the power to examine any thing on the premises that may relate to information provided for the purposes of this Act;

                     (d)  the power to take photographs or make video or audio recordings or sketches on the premises of any such activity or thing;

                     (e)  the power to inspect any document on the premises that may relate to information provided for the purposes of this Act;

                      (f)  the power to take extracts from, or make copies of, any such document;

                     (g)  the power to take onto the premises such equipment and materials as the authorised officer requires for the purpose of exercising powers in relation to the premises;

                     (h)  the power to secure a thing that:

                              (i)  is found during the exercise of monitoring powers on the premises; and

                             (ii)  an authorised officer believes on reasonable grounds affords evidence of a contravention of this Act or of the commission of an offence against the Crimes Act 1914;

                            until a warrant is obtained to seize the thing;

                      (i)  the powers in subsections (2) and (3).

             (2)  The powers that an authorised officer may exercise in relation to premises under section 45 include the power to operate equipment at premises to see whether:

                     (a)  the equipment; or

                     (b)  a disk, tape or other storage device that:

                              (i)  is at the premises; and

                             (ii)  can be used with the equipment or is associated with it;

contains information that is relevant to assessing the correctness of information provided under this Act.

             (3)  The powers that an authorised officer may exercise in relation to premises under section 45 include the following powers in relation to information described in subsection (2) found in the exercise of the power under that subsection:

                     (a)  the power to operate facilities at the premises to put the information in documentary form and copy the documents so produced;

                     (b)  the power to operate facilities at the premises to transfer the information to a disk, tape or other storage device that:

                              (i)  is brought to the premises for the exercise of the power; or

                             (ii)  is at the premises and the use of which for the purpose has been agreed in writing by the occupier of the premises;

                     (c)  the power to remove from the premises a disk, tape or other storage device to which the information has been transferred in exercise of the power under paragraph (b).

47  Authorised officer may request persons to answer questions

             (1)  If the authorised officer was only authorised to enter premises because the occupier of the premises consented to the entry, the authorised officer may ask the occupier to:

                     (a)  answer any questions related to the operation of this Act that are put by the authorised officer; and

                     (b)  produce any document requested by the authorised officer that is so related.

             (2)  If the authorised officer was authorised to enter the premises by a warrant, the authorised officer has power to require the occupier (if the occupier is in or on the premises), or another person who apparently represents the occupier (if that person is in or on the premises), to:

                     (a)  answer any questions related to the operation of this Act that are put by the authorised officer; and

                     (b)  produce any document requested by the authorised officer that is so related.

             (3)  A person commits an offence if the person refuses or fails to comply with a requirement under subsection (2).

Penalty:  10 penalty units.

             (4)  An individual is excused from complying with a requirement of subsection (2) if the answer to the question or the production of the document might tend to incriminate the individual or expose the individual to a penalty.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (4), see subsection 13.3(3) of the Criminal Code.

Division 3Obligations and incidental powers of authorised officers

48  Authorised officer must produce identity card on request

                   An authorised officer is not entitled to exercise any powers under this Act in relation to premises if:

                     (a)  the occupier of the premises requires the authorised officer to produce his or her identity card for inspection by the occupier; and

                     (b)  the authorised officer fails to comply with the requirement.

49  Consent

             (1)  Before obtaining the consent of a person for the purposes of paragraph 45(2)(a), the authorised officer must inform the person that he or she may refuse consent.

             (2)  An entry of an authorised officer because of the consent of a person is not lawful unless the person voluntarily consented to the entry.

50  Announcement before entry

                   An authorised officer executing a warrant must, before entering premises under the warrant:

                     (a)  announce that he or she is authorised to enter the premises; and

                     (b)  give any person at the premises an opportunity to allow entry to the premises.

51  Details of warrant to be given to occupier etc. before entry

             (1)  If a warrant is being executed and the occupier of the premises in respect of which it is being executed or another person who apparently represents the occupier is present at the premises, the authorised officer must make available to that person a copy of the warrant.

             (2)  The authorised officer must identify himself or herself to that person.

             (3)  The copy of the warrant referred to in subsection (1) need not include the signature of the magistrate who issued the warrant.

Note:          Monitoring warrants are issued under section 56.

52  Use of electronic equipment in exercising monitoring powers

             (1)  An authorised officer or a person assisting that officer may operate electronic equipment already at premises in order to exercise the powers set out in section 46 if he or she believes, on reasonable grounds, that the operation of the equipment can be carried out without damage to the equipment.

             (2)  If the authorised officer or a person assisting believes, on reasonable grounds, that:

                     (a)  there is on the premises material relating to information supplied under this Act that may be accessible by operating electronic equipment on the premises; and

                     (b)  expert assistance is required to operate the equipment; and

                     (c)  if he or she does not take action under this subsection, the material may be destroyed, altered or otherwise interfered with;

he or she may do whatever is necessary to secure the equipment, whether by locking it up, placing a guard, or otherwise.

             (3)  The authorised officer or a person assisting must give notice to the occupier of the premises of his or her intention to secure equipment and of the fact that the equipment may be secured for up to 24 hours.

             (4)  The equipment may be secured:

                     (a)  for a period not exceeding 24 hours; or

                     (b)  until the equipment has been operated by the expert;

whichever first happens.

             (5)  If an authorised officer or a person assisting believes, on reasonable grounds, that the expert assistance will not be available within 24 hours, he or she may apply to a magistrate for an extension of the period.

             (6)  The magistrate may extend the period of time, up to a maximum of a further 48 hours.

             (7)  The authorised officer or a person assisting must give notice to the occupier of the premises of his or her intention to apply for an extension and the occupier is entitled to be heard in relation to that application.

             (8)  The provisions of this Part relating to the issue of warrants apply, with such modifications as are necessary, to the issue of an extension.

             (9)  In this section:

premises means:

                     (a)  premises that an authorised officer has entered, and remains on, with the consent of the occupier; and

                     (b)  warrant premises.

53  Compensation for damage to electronic equipment

             (1)  This section applies if:

                     (a)  as a result of equipment being operated as mentioned in section 52:

                              (i)  damage is caused to the equipment; or

                             (ii)  the data recorded on the equipment is damaged; or

                            (iii)  programs associated with the use of the equipment, or with the use of the data, are damaged or corrupted; and

                     (b)  the damage or corruption occurs because:

                              (i)  insufficient care was exercised in selecting the person who was to operate the equipment; or

                             (ii)  insufficient care was exercised by the person operating the equipment.

             (2)  The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.

             (3)  However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in a Court for such reasonable amount of compensation as the Court determines.

             (4)  In determining the amount of compensation payable, regard is to be had to whether the occupier of the premises, or the occupier’s employees or agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.

             (5)  Compensation is payable out of money appropriated by the Parliament.

             (6)  For the purposes of subsection (1):

damage, in relation to data, includes damage by erasure of data or addition of other data.

Division 4Occupier’s rights and responsibilities

54  Occupier entitled to be present during execution of warrant

             (1)  If a warrant is being executed and the occupier of the warrant premises, or another person who apparently represents the occupier, is present at the premises, the person is entitled to observe the execution of the warrant.

             (2)  The right to observe the execution of the warrant ceases if the person impedes that execution.

             (3)  This section does not prevent the execution of the warrant in 2 or more areas of the premises at the same time.

55  Occupier to provide authorised officer with all facilities and assistance

             (1)  The occupier of warrant premises, or another person who apparently represents the occupier, must provide the officer executing the warrant and any person assisting that officer with all reasonable facilities and assistance for the effective exercise of their powers.

             (2)  A person commits an offence if the person fails to comply with the obligation set out in subsection (1).

Penalty:  10 penalty units.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Division 5Warrants

56  Monitoring warrants

             (1)  An authorised officer may apply to a magistrate for a warrant under this section in relation to premises.

             (2)  Subject to subsection (3), the magistrate may issue the warrant if the magistrate is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more authorised officers should have access to the premises for the purposes of substantiating information provided under this Act or of determining whether this Act has been complied with.

             (3)  The magistrate must not issue the warrant unless the authorised officer or some other person has given to the magistrate, either orally or by affidavit, such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought.

             (4)  The warrant must:

                     (a)  authorise one or more authorised officers (whether or not named in the warrant) with such assistance as is necessary and reasonable:

                              (i)  to enter the premises; and

                             (ii)  to exercise the powers set out in section 46 in relation to the premises; and

                     (b)  state whether the entry is authorised to be made at any time of the day or during specified hours of the day; and

                     (c)  specify the day (not more than 6 months after the issue of the warrant) on which the warrant ceases to have effect; and

                     (d)  state the purpose for which the warrant is issued.

Division 6Information gathering

57  Power to request information

             (1)  This section applies to a person if the Greenhouse and Energy Data Officer has reason to believe that information (the compellable information) relating to whether this Act has been complied with is in a person’s possession, custody or control (whether held electronically or in any other form).

             (2)  The Greenhouse and Energy Data Officer may, in writing, require the person to give specified compellable information to the Greenhouse and Energy Data Officer:

                     (a)  within a specified period of time; and

                     (b)  in a specified form or manner.

             (3)  The person must not fail to comply with a requirement under this section.

Civil penalty:            50 penalty units.

             (4)  The person must not, in purported compliance with a requirement under this section, give to the Greenhouse and Energy Data Officer information that is false or misleading in a material particular.

Civil penalty:            20 penalty units.

             (5)  Subsection (3) does not apply to the extent that the person has a reasonable excuse. However, a person does not have a reasonable excuse merely because the information in question is:

                     (a)  of a commercial nature; or

                     (b)  subject to an obligation of confidentiality arising from a commercial relationship; or

                     (c)  commercially sensitive.

             (6)  Subsection (3) does not apply in relation to compellable information if giving the information might tend to incriminate the person or expose the person to a penalty.

58  Prohibitions on disclosure of information do not apply

                   This Division has effect despite any law of the Commonwealth, a State or a Territory prohibiting disclosure of the information.

Division 7External audits

59  External audits—compliance

             (1)  This section applies if the Greenhouse and Energy Data Officer has reasonable grounds to suspect that the owner of a non‑residential building has contravened, is contravening, or is proposing to contravene, this Act or the regulations.

             (2)  The Greenhouse and Energy Data Officer may, by written notice given to the owner, require the owner to:

                     (a)  appoint:

                              (i)  an external auditor of his or her choice; or

                             (ii)  if the Greenhouse and Energy Data Officer specifies an external auditor in the notice—that external auditor; and

                     (b)  arrange for the external auditor to carry out an external audit on one or more aspects of the owner’s compliance with this Act or the regulations; and

                     (c)  arrange for the external auditor to give the owner a written report setting out the results of the audit; and

                     (d)  give the Greenhouse and Energy Data Officer a copy of the audit report on or before the day specified in the notice.

             (3)  The notice must specify the:

                     (a)  matters to be covered by the audit; and

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

             (4)  The owner must provide an external auditor with all reasonable facilities and assistance necessary for the effective exercise of the external auditor’s duties under this Act.

Civil penalty:            50 penalty units.

             (5)  If the Greenhouse and Energy Data Officer gives the owner written notice under subsection (2), the owner must comply with the requirements of the notice.

Civil penalty:            100 penalty units.

Note:          Under section 28 a person may be liable for an additional civil penalty for each day after the day mentioned in paragraph (2)(d) for which the person fails to provide an audit report in accordance with this section.

60  External audits—other

             (1)  The Greenhouse and Energy Data Officer may appoint an external auditor to carry out an external audit of the compliance of the owner of a non‑residential building with one or more aspects of this Act or the regulations.

             (2)  The Greenhouse and Energy Data Officer must give written notice to the owner of a decision to appoint an auditor under subsection (1). The notice must:

                     (a)  specify the external auditor; and

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

                     (c)  specify the matters to be covered by the audit; and

                     (d)  be given to the owner at a reasonable time before the audit is to be undertaken.

          (2A)  The owner must provide the external auditor with all reasonable facilities and assistance necessary for the effective exercise of the external auditor’s duties under this Act.

Civil penalty:            50 penalty units.

             (3)  If the owner is given a notice under subsection (2), the owner must arrange for the external auditor to carry out the external audit.

Civil penalty:            50 penalty units.

61  Requirements for external auditors

             (1)  An external auditor must conduct an audit and prepare a report in accordance with guidelines determined by the Greenhouse and Energy Data Officer under subsection (2).

             (2)  The Greenhouse and Energy Data Officer may determine, by legislative instrument, guidelines to be followed by external auditors when conducting audits and preparing reports under this Division.

Part 8Miscellaneous

  

62  Information may be provided to States and Territories

             (1)  The Greenhouse and Energy Data Officer, or a person authorised by the Greenhouse and Energy Data Officer, must provide emissions intensity information to a State or Territory or an authority of a State or Territory if:

                     (a)  it is information mentioned in subsection 12(4) or 15(4); or

                     (b)  it is information relating to facilities that are wholly or partly located in the State or Territory.

             (2)  However, the Greenhouse and Energy Data Officer may refuse to provide information under this section if satisfied that there would not be adequate security measures in place in relation to the confidentiality of the information.

             (3)  The Greenhouse and Energy Data Officer may make provision of information under this section subject to conditions including:

                     (a)  restrictions on disclosure of the information to other persons; and

                     (b)  security measures required in relation to the confidentiality of the information; and

                     (c)  the State, Territory, or authority not requiring the reporting or disclosure of other information of a kind similar to emissions intensity information.

Publication by States or Territories

             (4)  A State or Territory, or an authority of a State or Territory, may publish information provided to it under subsection (1) if:

                     (a)  the publication of the information is required under a law of the State or Territory; and

                     (b)  the Greenhouse and Energy Data Officer has agreed, in writing, to the publication of the information.

63  Compensation for acquisition of property

             (1)  If the operation of this Act or the regulations would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.

             (2)  If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

             (3)  In this section:

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.

64  Annual report on operation of Act

             (1)  The Greenhouse and Energy Data Officer must, as soon as practicable after 30 June in each year, prepare and give to the Minister a report on the operation of this Act during the year ending on that 30 June.

Note:          Section 34C of the Acts Interpretation Act 1901 applies to reports under this section.

             (2)  The regulations may prescribe other information to be included in a report under subsection (1).

             (3)  The Minister must table a copy of the report before each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report.

65  Regulations

                   The Governor‑General may make regulations prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.