Federal Register of Legislation - Australian Government

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SLI 2009 No. 378 Regulations as made
These Regulations amend the National Greenhouse and Energy Reporting Regulations 2008 relating to greenhouse and energy audits and also make consequential amendments.
Administered by: PMC (DCC)
Registered 16 Dec 2009
Tabling HistoryDate
Tabled HR02-Feb-2010
Tabled Senate02-Feb-2010
Date of repeal 09 Aug 2013
Repealed by Industry, Innovation, Climate Change, Science, Research and Tertiary Education (Spent and Redundant Instruments) Repeal Regulation 2013

National Greenhouse and Energy Reporting Amendment Regulations 2009 (No. 2)1

Select Legislative Instrument 2009 No. 378

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the National Greenhouse and Energy Reporting Act 2007.

Dated 14 December 2009

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

PENELOPE YING YEN WONG


Contents

                        1     Name of Regulations                                                        2

                        2     Commencement                                                              2

                        3     Amendment of National Greenhouse and Energy Reporting Regulations 2008   2

Schedule 1             Amendments relating to greenhouse and energy audits  3

Schedule 2             Consequential amendments                                        54

 

 


1              Name of Regulations

                These Regulations are the National Greenhouse and Energy Reporting Amendment Regulations 2009 (No. 2).

2              Commencement

                These Regulations commence on the day after they are registered.

3              Amendment of National Greenhouse and Energy Reporting Regulations 2008

                Schedules 1 and 2 amend the National Greenhouse and Energy Reporting Regulations 2008.



 

Schedule 1        Amendments relating to greenhouse and energy audits

(regulation 3)

 

[1]           Regulation 1.03, after definition of ARBN

insert

Audit Determination means the National Greenhouse and Energy Reporting (Audit) Determination 2009.

Note   The determination is made under subsection 75 (1) of the Act.

audited body means a registered corporation, or person referred to in section 20 of the Act, in respect of whose compliance with the Act or the regulations a greenhouse and energy audit is to be, or is being, carried out.

Auditor Registration Instrument means the legislative instrument made by the Greenhouse and Energy Data Officer under regulation 6.72.

[2]           Regulation 1.03, after definition of carbon dioxide equivalence or CO2‑e

insert

Category 1 auditor means a registered greenhouse and energy auditor who is registered as a Category 1 auditor under subregulation 6.25 (3).

Category 2 auditor means a registered greenhouse and energy auditor who is registered as a Category 2 auditor under subregulation 6.25 (3).

Category 3 auditor means a registered greenhouse and energy auditor who is registered as a Category 3 auditor under subregulation 6.25 (3).

[3]           Regulation 1.03, after definition of COD or chemical oxygen demand

insert

Code of Conduct means the principles set out in regulation 6.46.

[4]           Regulation 1.03, after definition of compressed natural gas

insert

conflict of interest situation has the meaning given by regulation 6.49.

[5]           Regulation 1.03, definition of Determination

omit

[6]           Regulation 1.03, after definition of efficiency method

insert

eligible referee has the meaning given by regulation 6.18.

[7]           Regulation 1.03, after definition of emissions

insert

engage in audit activity has the meaning given by regulation 6.48.

[8]           Regulation 1.03, after definition of industry sector

insert

industry specialisation, for an individual, means an industry in respect of which the individual claims specialist knowledge.

[9]           Regulation 1.03, after definition of listed activity

insert

Measurement Determination means the National Greenhouse and Energy Reporting (Measurement) Determination 2008.

[10]         Regulation 1.03, after definition of network facility

insert

NGER legislation means the following:

                (a)    the Act;

               (b)    these Regulations;

                (c)    the Measurement Determination;

               (d)    the Audit Determination;

                (e)    the Auditor Registration Instrument.

[11]         Regulation 1.03, after definition of production

insert

professional members of the audit team has the meaning given in regulation 6.50.

[12]         Regulation 1.03, after definition of refinery gases and liquids

insert

registration, for Part 6, means registration as a greenhouse and energy auditor.

registration number means a registration number allocated under subparagraph 6.25 (3) (b) (ii).

[13]         Regulation 1.03, note

substitute

Note   A number of terms in these Regulations are defined in the Act, including:

·      audit information

·      audit team leader

·      audit team member

·      controlling corporation

·      greenhouse and energy audit

·      Greenhouse and Energy Data Officer

·      greenhouse gas project

·      group

·      member

·      registered greenhouse and energy auditor

·      subsidiary.

[14]         Subparagraph 3.04 (h) (ii)

omit

Act.

insert

Act;

[15]         After paragraph 3.04 (h)

insert

                 (i)    information about greenhouse and energy audits carried out in relation to the corporation including information about:

                          (i)    whether a greenhouse and energy audit has been carried out in relation to the corporation; and

                         (ii)    the type of audit carried out; and

                         (iii)    the name of the audit team leader appointed to carry out the audit; and

                        (iv)    the findings of the audit.

[16]         After Division 6.2

insert

Division 6.3           Register of greenhouse and energy auditors

Subdivision 6.3.1        Overview

6.05        Overview of Division

         (1)   This Division provides for the content and publication of the register.

         (2)   This Division is made for the purposes of paragraphs 75A (5) (a) and (b) of the Act.

Subdivision 6.3.2        Register

6.06        Content of register

                The register of greenhouse and energy auditors must contain the following information in relation to an individual who is registered:

                (a)    name;

               (b)    registration number;

                (c)    date of registration;

               (d)    whether registered as a Category 1, 2 or 3 auditor and, if registered as a Category 1 auditor, the type of Category 1 auditor;

                (e)    contact details — telephone number, email address and postal address;

                (f)    name of employer or, if the individual is self-employed through a company, name of the company;

                (g)    address where the individual practices as a registered greenhouse and energy auditor;

                (h)    if the individual has previously had his or her registration suspended or been deregistered — details of the suspension or deregistration;

                 (i)    any industry specialisation;

                (j)    any other information relevant to the person’s registration.

Note for paragraph (d)   Subregulation 6.09 (2) provides for ‘technical’ and ‘non-technical’ as types of Category 1 auditor.

6.07        Publication of register

         (1)   The Greenhouse and Energy Data Officer must publish the following information from the register of greenhouse and energy auditors in relation to each individual who is registered:

                (a)    name;

               (b)    whether registered as a Category 1, 2 or 3 auditor and, if registered as a Category 1 auditor, the type of Category 1 auditor;

                (c)    contact details — telephone number, email address and postal address;

               (d)    name of employer or, if the individual is self-employed through a company, name of the company;

                (e)    any industry specialisation.

Note for paragraph (b)   Subregulation 6.09 (2) provides for ‘technical’ and ‘non-technical’ as types of Category 1 auditor.

         (2)   For subregulation (1), a person whose registration is suspended is taken not to be registered during the period of the suspension.

Division 6.4           Qualifications etc of applicants for registration

Subdivision 6.4.1        Overview

6.08        Overview of Division

         (1)   This Division sets out the requirements as to qualifications, status as a fit and proper person (subject to regulation 6.12) and the knowledge and experience that an individual must meet to be registered.

         (2)   The requirements relate to the following:

                (a)    qualifications and status as a fit and proper person — see Subdivision 6.4.2;

               (b)    knowledge — see Subdivision 6.4.3;

                (c)    experience — see Subdivision 6.4.4.

         (3)   This Division is made for the purposes of paragraph 75A (2) (b) of the Act.

6.09        Overview of categories of registered greenhouse and energy auditors

         (1)   There are 3 categories of registered greenhouse and energy auditor, as follows:

                (a)    Category 1 auditors;

               (b)    Category 2 auditors;

                (c)    Category 3 auditors.

         (2)   There are 2 types of Category 1 auditors as follows:

                (a)    technical;

               (b)    non-technical.

         (3)   The categories of auditor have different requirements as to qualifications, knowledge and experience as set out in this Division and in the Auditor Registration Instrument.

Subdivision 6.4.2        Qualifications and status as a fit and proper person

6.10        Overview of Subdivision

                This Subdivision deals with the academic qualifications and status as a fit and proper person that an applicant for registration is required to have to be registered.

6.11        Relevant academic qualifications

                The applicant must have a bachelor’s, master’s or doctoral degree (or equivalent) conferred by an appropriate university or an equivalent institution of higher learning.

Note   The Auditor Registration Instrument sets out the ways in which the requirements of this regulation may be met.

6.12        Applicant must be fit and proper person

         (1)   The applicant must be a fit and proper person to be a registered greenhouse and energy auditor.

         (2)   In determining whether the applicant is a fit and proper person, the Greenhouse and Energy Data Officer must have regard to the following:

                (a)    any conviction of the applicant (other than a spent conviction) for an offence against a law of the Commonwealth, a State or Territory or a foreign country (including a state or similar division of a foreign country) if the offence had an element of dishonesty;

               (b)    whether the applicant is the subject of any charge or other proceedings for an offence against a law of the Commonwealth, a State or Territory or a foreign country (including a state or similar division of a foreign country) if the offence has an element of dishonesty;

                (c)    any finding of civil liability for any breach of trust or other breach of fiduciary duty, dishonesty, negligence or recklessness in the course of the applicant’s work within the 10 years immediately preceding the making of the application;

               (d)    whether the applicant:

                          (i)    is or has been bankrupt or is applying to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

                         (ii)    has compounded with creditors or made an assignment of remuneration for their benefit;

                (e)    any statement by the applicant in the application that was false or misleading in a material particular;

                (f)    if any statement by the applicant in the application was false or misleading in a material particular — whether the applicant knew that the statement was false or misleading;

                (g)    whether the applicant has previously had his or her membership of a relevant professional body cancelled;

                (h)    if the applicant had previously been a registered greenhouse and energy auditor — any suspension of the applicant’s registration or any deregistration.

         (3)   In this regulation, spent, in relation to a conviction, has the same meaning as in Part VIIC of the Crimes Act 1914.

Subdivision 6.4.3        Knowledge

6.13        Overview of Subdivision

                This Subdivision deals with the knowledge that an applicant for registration is required to have to be registered.

6.14        NGER legislation knowledge

         (1)   The applicant must have knowledge of the NGER legislation relevant to the category of auditor for which the applicant has applied to be registered.

         (2)   To demonstrate that knowledge, the applicant must provide the Greenhouse and Energy Data Officer with appropriate evidence.

Note   The Auditor Registration Instrument sets out the ways in which the requirements of this subregulation may be met.

6.15        Audit knowledge

         (1)   The applicant must have knowledge of auditing.

         (2)   To demonstrate that knowledge, the applicant must, in or with the application, provide the Greenhouse and Energy Data Officer with appropriate evidence.

Note   The Auditor Registration Instrument sets out the ways in which the requirements of this subregulation may be met.

         (3)   If the applicant does not provide the evidence referred to in subregulation (2), the applicant may demonstrate his or her knowledge of auditing by complying with subregulation (4).

         (4)   The applicant must:

                (a)    have participated in the appropriate kind and number of audits for the appropriate period; and

               (b)    provide, with his or her application, written reports by 2 eligible referees attesting to the quality of that participation.

Note   The Auditor Registration Instrument sets out the ways in which the requirements of paragraph (4) (a) may be met.

         (5)   For paragraph (4) (a), the participation must have occurred in the 5 years immediately preceding the day the application is made.

6.16        Audit team leadership and assurance knowledge — Category 2 and 3 applicants

         (1)   An applicant for registration as a Category 2 or a Category 3 auditor must also have knowledge of audit team leadership and assurance.

         (2)   To demonstrate that knowledge, the applicant must, in or with the application, provide the Greenhouse and Energy Data Officer with appropriate evidence.

Note   The Auditor Registration Instrument sets out the ways in which the requirements of this subregulation may be met.

Subdivision 6.4.4        Experience

6.17        Overview of Subdivision

                This Subdivision deals with the experience that an applicant for registration is required to have to be registered.

6.18        Meaning of eligible referee

                A person (the referee) is an eligible referee in relation to an applicant if:

                (a)    the referee is an audited body and the applicant has been a member of an audit team that has audited the audited body; or

               (b)    the referee is a person, other than a referee mentioned in paragraph (a), who has paid the applicant to undertake audit work in relation to that person or that person’s business.

6.19        Auditing experience required for applicants for Category 1 registration

         (1)   If the applicant applies for registration as a Category 1 auditor, the applicant must have the appropriate kind, and the appropriate period, of experience of auditing and preparing audit reports.

         (2)   The experience must have been obtained during the 5 years immediately preceding the day the application is made.

         (3)   To demonstrate that experience, the applicant must, in or with the application, provide the Greenhouse and Energy Data Officer with appropriate evidence.

Note   The Auditor Registration Instrument sets out the ways in which the requirements of this regulation may be met.

         (4)   Also, the applicant must submit with the application at least 2 written references from eligible referees confirming the applicant’s competency in auditing and preparing audit reports.

6.20        Auditing experience required for applicants for Category 2 registration

         (1)   If the applicant applies for registration as a Category 2 auditor, the applicant must demonstrate that he or she has at least the appropriate kind, and the appropriate period, of experience of auditing and preparing audit reports.

Note   The Auditor Registration Instrument sets out the ways in which the requirements of this subregulation may be met.

         (2)   The applicant must have had at least the appropriate kind, and the appropriate period, of experience of audit team leadership.

Note   The Auditor Registration Instrument sets out the ways in which the requirements of this subregulation may be met.

         (3)   The experience of auditing and preparing audit reports and of audit team leadership must have been obtained during the 5 years immediately preceding the day the application is made.

         (4)   To demonstrate the experience mentioned in subregulation (3), the applicant must, in or with the application, provide the Greenhouse and Energy Data Officer with appropriate evidence.

         (5)   Also, the applicant must submit with the application at least 2 written references from eligible referees confirming the applicant’s competency in:

                (a)    auditing and preparing audit reports; and

               (b)    audit team leadership.

6.21        Auditing experience required for applicants for Category 3 registration

         (1)   If the applicant applies for registration as a Category 3 auditor, the applicant must demonstrate that he or she has:

                (a)    at least the appropriate kind, and the appropriate period, of experience of auditing and preparing audit reports; and

               (b)    experience as an audit team member or an audit team leader in at least 2 greenhouse and energy audits.

Note   The Auditor Registration Instrument sets out the ways in which the requirements of paragraph (a) may be met.

         (2)   The applicant must have had at least the appropriate kind, and the appropriate period, of experience of audit team leadership.

Note   The Auditor Registration Instrument sets out the ways in which the requirements of this subregulation may be met.

         (3)   The experience mentioned in subregulations (1) and (2) must have been obtained during the 5 years immediately preceding the day the application is made.

         (4)   To demonstrate the experience mentioned in subregulations (1) and (2), the applicant must, in or with the application, provide the Greenhouse and Energy Data Officer with appropriate evidence.

         (5)   Also, the applicant must submit with the application at least 2 written references from eligible referees confirming the applicant’s competency in:

                (a)    auditing and preparing audit reports; and

               (b)    audit team leadership.

Division 6.5           Registration of greenhouse and energy auditors

Subdivision 6.5.1        Overview

6.22        Overview of Division

         (1)   This Division deals with matters relating to the registration of registered greenhouse and energy auditors.

         (2)   The matters relate to the following:

                (a)    obtaining registration — see Subdivision 6.5.2;

               (b)    reviewing registration — see Subdivision 6.5.3;

                (c)    suspension of registration — see Subdivision 6.5.4;

               (d)    deregistration — see Subdivision 6.5.5;

                (e)    inspections — see Subdivision 6.5.6.

         (3)   This Division is made for the purposes of paragraphs 75A (5) (c) and (f) to (i) of the Act.

Subdivision 6.5.2        Obtaining registration

6.23        Form and content of applications for registration

         (1)   Subject to subregulations (2) and (4), an application for registration must be in the form approved by the Greenhouse and Energy Data Officer.

         (2)   An application must include the following information in relation to the applicant:

                (a)    name;

               (b)    category of registration for which the applicant has applied and, if the applicant has applied for registration as a Category 1 auditor, the type of Category 1 auditor applied for;

                (c)    contact details — telephone number, email address and postal address;

               (d)    name of employer or, if the individual is self-employed through a company, name of the company;

                (e)    work address;

                (f)    occupation;

                (g)    identified industry specialisation (if applicable);

                (h)    a statement about how the applicant meets each relevant requirement in Division 6.4.

Note for paragraph (b)   Subregulation 6.09 (2) provides for ‘technical’ and ‘non-technical’ as types of Category 1 auditor.

         (3)   The application must be accompanied by:

                (a)    evidence supporting each statement mentioned in paragraph (2) (h); and

               (b)    a declaration signed by the applicant to the effect that the information contained in the application is true and correct; and

                (c)    an undertaking signed by the applicant to abide by the Code of Conduct as a greenhouse and energy auditor.

Note   The applicant is required to submit written references with the application under:

·      subregulation 6.19 (4) (for Category 1 applicants)

·      subregulation 6.20 (5) (for Category 2 applicants)

·      subregulation 6.21 (5) (for Category 3 applicants).

         (4)   If, at the time of application, an applicant for registration as a Category 3 auditor is registered as a Category 2 auditor, the application must include, or be accompanied by, the information and documents required by the form for this subregulation.

6.24        Incomplete applications

         (1)   If an application does not comply with this Subdivision, the Greenhouse and Energy Data Officer must give the applicant a notice in writing stating:

                (a)    that the application is incomplete; and

               (b)    the matters that must be dealt with by the applicant to complete the application.

         (2)   If the matters have not been dealt with within 3 months of the notice being given, the application is taken to have lapsed.

Note   Section 75A of the Act deals with when the Greenhouse and Energy Data Officer must register an application or refuse to register an application.

6.25        Decisions on applications

         (1)   For this regulation, an application is a compliant application if:

                (a)    the applicant complies with the requirements of Division 6.4; and

               (b)    the application complies with the requirements of this Subdivision.

         (2)   If an application is a compliant application, the Greenhouse and Energy Data Officer must decide whether or not to register the applicant:

                (a)    in the category of auditor applied for; and

               (b)    in the case of an application for registration as a Category 1 auditor, as the type of auditor applied for.

         (3)   After receiving a compliant application, the Greenhouse and Energy Data Officer must:

                (a)    make the decision; and

               (b)    if the application is successful:

                          (i)    register the successful applicant as a Category 1 auditor (technical or non-technical), or as a Category 2 or 3 auditor, in accordance with the application; and

                         (ii)    subject to subsection (5), allocate a registration number to the applicant; and

                (c)    give notice to the applicant of the decision.

         (4)   The notice must be in writing and must set out:

                (a)    if the application is successful — the applicant’s registration number; and

               (b)    if the application is unsuccessful — the reasons for the decision to refuse registration.

         (5)   If an applicant is already registered as a greenhouse and energy auditor, the Greenhouse and Energy Data Officer:

                (a)    is not required to allocate a new registration number to the applicant; or

               (b)    may cancel the registration number previously allocated to the applicant and allocate a new registration number to the applicant.

Subdivision 6.5.3        Reviewing registration

6.26        Review of registration

         (1)   The Greenhouse and Energy Data Officer may, at any time after registration, review the registration of a registered greenhouse and energy auditor.

Note   A review could involve requests for information and documents. The registration of any auditor may be reviewed.

         (2)   If the Greenhouse and Energy Data Officer intends to review the registration of a registered greenhouse and energy auditor, the Greenhouse and Energy Data Officer must give written notice of that intention to the auditor.

         (3)   The notice must indicate:

                (a)    the scope of the review; and

               (b)    the information (if any) and the documents (if any) to be provided by the auditor for the review.

         (4)   The Greenhouse and Energy Data Officer may include a requirement in the notice for the auditor to respond to the notice within the period specified in the notice.

         (5)   The period specified in the notice must be not less than 21 days from the day the notice is given.

6.27        Registered greenhouse and energy auditor to provide reasonable facilities and assistance for review

                On receiving the notice, the auditor must provide all reasonable facilities and assistance to the Greenhouse and Energy Data Officer for an effective review.

Subdivision 6.5.4        Suspension of registration

6.28        Overview

                The registration of a registered greenhouse and energy auditor may be suspended by the Greenhouse and Energy Data Officer:

                (a)    under subregulation 6.30 (1); or

               (b)    if requested by the auditor — under regulation 6.31.

6.29        Greenhouse and Energy Data Officer may give notice of intention to suspend registration

         (1)   The Greenhouse and Energy Data Officer may suspend the registration of a registered greenhouse and energy auditor under regulation 6.30 if the auditor has:

                (a)    ceased to hold a qualification required under regulation 6.11; or

               (b)    failed to properly participate in a review under Subdivision 6.5.3 or an inspection under Subdivision 6.5.6; or

                (c)    contravened a requirement under Division 6.6 for maintaining registration; or

               (d)    failed to conduct a greenhouse and energy audit in accordance with the requirements of the Audit Determination or these Regulations.

         (2)   Before suspending the registration of the auditor, the Greenhouse and Energy Data Officer must give written notice to the auditor of the Greenhouse and Energy Data Officer’s intention to suspend the registration.

         (3)   The notice must include the following:

                (a)    the reason for the proposed suspension;

               (b)    the proposed period of suspension;

                (c)    a requirement for the auditor to respond to the notice within the period specified in the notice;

               (d)    if the Greenhouse and Energy Data Officer considers that there is action the auditor may take to avoid the suspension — the action that may be taken and the period within which it must be taken;

                (e)    the terms of regulation 6.30.

         (4)   The period specified in the notice for paragraph (3) (d) must start not less than 14 days from the day the notice is given and end no less than 60 days from the day the notice is given.

6.30        Action on Greenhouse and Energy Data Officer’s notice

         (1)   If:

                (a)    the auditor receives a notice under subregulation 6.29 (2); and

               (b)    the auditor does not respond before the end of the period specified in the notice under paragraph 6.29 (3) (c) (the response period);

the Greenhouse and Energy Data Officer must, as soon as practicable after the response period, suspend the auditor’s registration for the period mentioned in the notice.

         (2)   If:

                (a)    the auditor receives a notice under subregulation 6.29 (2); and

               (b)    before the end of the response period, the auditor responds indicating that he or she accepts the suspension;

the Greenhouse and Energy Data Officer must, as soon as practicable after receiving that response, suspend the auditor’s registration for the period mentioned in the notice.

         (3)   If:

                (a)    the notice contains actions that the Greenhouse and Energy Data Officer considers the auditor may take to avoid suspension; and

               (b)    before the end of the response period, the auditor responds but does not within the period specified in the notice under paragraph 6.29 (3) (d) (the action period) take the action specified in the notice; and

                (c)    the response does not indicate that he or she accepts the suspension;

then the Greenhouse and Energy Data Officer must, as soon as practicable after the action period:

               (d)    consider the response in making a decision on whether or not to suspend the auditor’s registration; and

                (e)    if the Greenhouse and Energy Data Officer considers it appropriate, suspend the auditor’s registration for the period mentioned in the notice.

         (4)   If, before the end of the action period, the auditor takes the action specified in the notice to be taken by the auditor, the Greenhouse and Energy Data Officer must take no further action on the notice.

6.31        Registered greenhouse and energy auditor may request suspension

         (1)   A registered greenhouse and energy auditor may apply to the Greenhouse and Energy Data Officer requesting suspension of his or her registration for a period specified in the application.

Note   A suspension could be requested because of an anticipated absence from duty for an extended period such as overseas travel, medical treatment or family needs.

         (2)   The application must include the following information in relation to the auditor:

                (a)    name and registration number;

               (b)    work contact details, including address, telephone number and email address;

                (c)    proposed commencement date of the suspension and the period of suspension.

         (3)   The proposed period of suspension must not be less than 3 months nor exceed 12 months.

         (4)   If the Greenhouse and Energy Data Officer:

                (a)    receives the application under subregulation (1); and

               (b)    considers that suspension of registration under this regulation would not cause significant inconvenience (for example, because an audit is underway);

the Greenhouse and Energy Data Officer may suspend the registration on a date and for a period specified in a notice to the applicant.

6.32        Duration and effect of suspension

         (1)   For a suspension under regulation 6.30, unless a shorter period is provided for under paragraph 6.29 (3) (b), the suspension operates for a period of 6 months.

         (2)   The registration of the auditor is not in force during the period of the suspension.

Subdivision 6.5.5        Deregistration

6.33        Overview

                A registered greenhouse and energy auditor may be deregistered by the Greenhouse and Energy Data Officer:

                (a)    under regulation 6.35  or regulation 6.36; or

               (b)    if requested by the auditor — under regulation 6.37.

6.34        Greenhouse and Energy Data Officer may give notice of intention to deregister

         (1)   The Greenhouse and Energy Data Officer may deregister a registered greenhouse and energy auditor under regulation 6.35 if the auditor has:

                (a)    subject to subregulation (2), ceased to hold a qualification required under regulation 6.11; or

               (b)    failed to properly participate in a review under Subdivision 6.5.3 or an inspection under Subdivision 6.5.6; or

                (c)    subject to subregulation (2), contravened a requirement under Division 6.6 for maintaining registration; or

               (d)    failed to conduct a greenhouse and energy audit in accordance with the requirements of the Audit Determination or these Regulations.

         (2)   If a registered greenhouse and energy auditor has:

                (a)    ceased to hold a qualification required under regulation 6.11; or

               (b)    contravened a requirement under Division 6.6 for maintaining registration (other than the requirement in regulation 6.64 to not cease to be a fit and proper person);

the Greenhouse and Energy Data Officer may deregister the auditor only if the auditor’s registration has previously been suspended under regulation 6.30.

         (3)   Before deregistering the auditor, the Greenhouse and Energy Data Officer must give written notice to the auditor of the Greenhouse and Energy Data Officer’s intention to deregister the auditor.

         (4)   The notice must include the following:

                (a)    the reason for the proposed deregistration;

               (b)    a requirement for the auditor to respond to the notice within the period specified in the notice;

                (c)    the terms of regulation 6.35.

6.35        Action on Greenhouse and Energy Data Officer’s notice

         (1)   If:

                (a)    the registered greenhouse and energy auditor receives a notice under regulation 6.34; and

               (b)    the auditor does not respond before the end of the period specified in the notice under paragraph 6.34 (4) (b) (the response period);

the Greenhouse and Energy Data Officer must, as soon as practicable after the response period, deregister the auditor.

         (2)   If, before the end of the response period, the auditor responds indicating that he or she accepts the deregistration, the Greenhouse and Energy Data Officer must, as soon as practicable after receiving that response, deregister the auditor.

6.36        Deceased registered greenhouse and energy auditor must be deregistered

                The Greenhouse and Energy Data Officer must deregister a registered greenhouse and energy auditor if the Greenhouse and Energy Data Officer becomes aware that the auditor is deceased.

6.37        Registered greenhouse and energy auditor may request deregistration

         (1)   A registered greenhouse and energy auditor may apply to the Greenhouse and Energy Data Officer requesting deregistration.

Note   Deregistration could be requested because of an anticipated retirement or career change.

         (2)   The application must include the following information in relation to the auditor:

                (a)    name and registration number;

               (b)    work contact details, including address, telephone number and email address;

                (c)    proposed commencement date of deregistration.

         (3)   If the Greenhouse and Energy Data Officer considers that deregistration under this regulation would not cause significant inconvenience (for example, because an audit is underway), the Officer may deregister the auditor.

Subdivision 6.5.6        Inspections

6.38        Overview of Subdivision

         (1)   This Subdivision provides for the inspection of the performance of a registered greenhouse and energy auditor in carrying out greenhouse and energy audits.

Note   An inspection involves a physical visit by the Greenhouse and Energy Data Officer or by a person appointed under regulation 6.40. Any registered greenhouse and energy auditor may be inspected.

         (2)   The purposes of inspections are:

                (a)    to review the decision-making processes the auditor uses in carrying out greenhouse and energy audits in order to determine whether the auditor’s professional judgment is being exercised appropriately; and

               (b)    to ensure that the auditor is complying with the requirements of the Audit Determination and these Regulations in carrying out greenhouse and energy audits.

         (3)   This Subdivision is made for the purposes of paragraph 75A (5) (i) of the Act.

6.39        When inspections may be undertaken

         (1)   The inspection may be conducted during or after the completion of a greenhouse and energy audit.

         (2)   The inspection may be conducted up to 5 years after the completion of the audit.

6.40        Who may undertake or assist in an inspection

         (1)   The Greenhouse and Energy Data Officer may undertake the inspection or appoint any of the following persons to undertake an inspection:

                (a)    a member of staff under section 52 of the Act;

               (b)    another registered greenhouse and energy auditor;

                (c)    a person, other than a registered greenhouse and energy auditor, who the Greenhouse and Energy Data Officer is satisfied has the knowledge, skills and experience equivalent to a registered greenhouse and energy auditor.

         (2)   The Greenhouse and Energy Data Officer may appoint a person mentioned in subregulation (1) to assist with an inspection.

6.41        Notice of inspection

         (1)   The Greenhouse and Energy Data Officer must give a written notice to a registered greenhouse and energy auditor of the Greenhouse and Energy Data Officer’s intention to inspect the auditor’s performance in carrying out greenhouse and energy audits.

         (2)   The notice must specify:

                (a)    the reason for the inspection; and

               (b)    the scope of the inspection; and

                (c)    subject to subregulation (3), the day and time when the inspection will begin; and

               (d)    who will be undertaking the inspection; and

                (e)    any requirements mentioned in subregulation (4).

         (3)   Unless an earlier time has been agreed between the auditor and the Greenhouse and Energy Data Officer:

                (a)    the day must be not less than 28 days after the auditor is given the notice; and

               (b)    the time, having regard to all the circumstances, must be reasonable.

         (4)   The Greenhouse and Energy Data Officer may include a requirement in the notice for the auditor to respond to the notice within the period specified in the notice.

         (5)   The period specified in the notice must be not less than 21 days from the day the notice is given.

6.42        Inspector to act independently

         (1)   A person undertaking an inspection under this Subdivision (the inspector) must act independently in relation to a registered greenhouse and energy auditor (the auditor) whose performance is being inspected under this Subdivision.

         (2)   An inspector does not act independently at a particular time if, because of circumstances that exist at that time:

                (a)    the inspector is not capable of exercising objective and impartial judgment in relation to the conduct of the inspection; or

               (b)    a reasonable person, with full knowledge of all relevant facts and circumstances, would conclude that the inspector is not capable of exercising objective and impartial judgment in relation to the conduct of the inspection.

         (3)   A person seeking to determine whether an inspector is capable of exercising objective and impartial judgment in relation to the conduct of the inspection must have regard to circumstances arising from any relationship that exists, has existed, or is likely to exist, between the inspector and the auditor.

         (4)   Subregulation (3) does not limit subregulation (2).

6.43        Inspection of audit documents

                For inspecting the performance of a registered greenhouse and energy auditor in carrying out a greenhouse and energy audit, the person undertaking the inspection may inspect documents in the possession of the auditor which support decisions made by the auditor for the audit.

6.44        Auditor to provide reasonable facilities and assistance for inspection

                A registered greenhouse and energy auditor who receives a notice under this Subdivision must provide all reasonable facilities and assistance to the person undertaking the inspection for an effective inspection.

Division 6.6           Requirements to be met to maintain registration

Subdivision 6.6.1        Overview

6.45        Overview of Division

         (1)   This Division provides for the requirements that a registered greenhouse and energy auditor must meet in order to maintain registration.

         (2)   The requirements relate to the following:

                (a)    compliance with the Code of Conduct — see Subdivision 6.6.2;

               (b)    independence — see Subdivisions 6.6.3, 6.6.4 and 6.6.5;

                (c)    insurance — see Subdivision 6.6.6;

               (d)    conditions imposed by the Greenhouse and Energy Data Officer — see Subdivision 6.6.7;

                (e)    other requirements, such as being a fit and proper person — see Subdivision 6.6.8.

         (3)   This Division is made for the purposes of paragraph 75A (5) (e) of the Act.

Subdivision 6.6.2 — Compliance with Code of Conduct

6.46        Code of Conduct

         (1)   A registered greenhouse and energy auditor must abide by the principles set out in:

                (a)    subregulations (2) to (7) — while preparing for, carrying out, or assisting in carrying out, a greenhouse and energy audit and in preparing audit reports; and

               (b)    subregulations (8) and (9) — when the auditor is engaged in marketing or self-promotion as a registered greenhouse and energy auditor; and

                (c)    subregulation (10) — in relation to other audit team members if the auditor is an audit team leader; and

               (d)    subregulation (11) — in other situations not specifically mentioned above.

Compliance with the law

         (2)   The auditor must comply with laws and regulations applicable to registered greenhouse and energy auditors and the conduct of greenhouse and energy audits.

Integrity

         (3)   The auditor must behave with integrity and in particular:

                (a)    must be straightforward and honest in professional and business relationships relating to the carrying out of the audit and deal fairly with persons involved in the audit; and

               (b)    must not allow his or her name to be associated with reports, returns, communications or other information relating to the carrying out of the audit (audit material) if he or she believes that the audit material:

                          (i)    contains a materially false or misleading statement; or

                         (ii)    contains statements that have been furnished recklessly; or

                         (iii)    omits or obscures information required to be included where the omission or obscurity would be misleading.

Objectivity

         (4)   The auditor must behave with objectivity and in particular:

                (a)    must not compromise his or her professional judgment because of bias, conflict of interest or the undue influence of others that may arise during the audit; and

               (b)    must avoid relationships that bias or unduly influence his or her professional judgment in relation to the audit.

         (5)   The auditor must not accept gifts given by the audited body or someone associated with the audited body.

         (6)   A reference in subregulation (5) to the auditor accepting gifts:

                (a)    includes a member of the auditor’s immediate family accepting gifts and hospitality; and

               (b)    includes the auditor accepting hospitality.

Professional competence and due care

         (7)   The auditor must behave with professional competence and due care and in particular:

                (a)    must act in accordance with the requirements of the Audit Determination; and

               (b)    must act carefully, thoroughly and on a timely basis; and

                (c)    must make the audited body aware of limitations inherent in the audit; and

               (d)    must maintain sufficient professional knowledge and skill to ensure that he or she is able to carry out the audit; and

                (e)    if the auditor is the audit team leader — must ensure that the other team members have appropriate training and supervision.

Marketing and promotion

         (8)   In marketing or self-promotion as a registered greenhouse and energy auditor, the auditor must be honest and truthful and must not:

                (a)    make exaggerated claims about:

                          (i)    the audit services he or she provides; or

                         (ii)    his or her qualifications; or

                         (iii)    his or her experience gained as an auditor; or

               (b)    make disparaging references or unsubstantiated comparisons to the work of other registered greenhouse and energy auditors or members of an audit team who are not registered greenhouse and energy auditors.

         (9)   The auditor must not attempt to sell other services to the audited body to avoid impairing the independence of the auditor’s ability to provide audit services under these Regulations.

Obligation on audit team leaders

       (10)   If the auditor is an audit team leader, he or she must ensure that the other audit team members comply with the Code of Conduct when assisting in carrying out the audit.

Professional behaviour

       (11)   The auditor must avoid any action that may bring discredit to the auditor or greenhouse and energy auditors generally. 

Subdivision 6.6.3        General independence requirements

6.47        Conflict of interest situation

         (1)   An audit team leader must not breach a requirement of this regulation in relation to an audited body for a greenhouse and energy audit.

Note   Regulation 6.71 empowers the Greenhouse and Energy Data Officer to grant exemptions from the general independence requirements.

Must take steps to resolve conflict of interest situation or apply for exemption from requirements

         (2)   If:

                (a)    the audit team leader engages in audit activity in relation to the audited body at a particular time; and

               (b)    a conflict of interest situation exists in relation to the audited body at that time; and

                (c)    at that time the audit team leader is aware that the conflict of interest situation exists;

the audit team leader must, as soon as possible after he or she becomes aware that the conflict of interest situation exists, take all reasonable steps to ensure that the conflict of interest situation ceases to exist.

Note   For conflict of interest situation see regulation 6.49.

Requirement if conflict of interest situation relates to the audit team leader

         (3)   If:

                (a)    the audit team leader is carrying out the greenhouse and energy audit; and

               (b)    a conflict of interest situation exists in relation to the audited body while the audit team leader is the audit team leader for the audit; and

                (c)    the conflict of interest situation exists in relation to the audit team leader; and

               (d)    on a particular day (the start day) the audit team leader becomes aware that the conflict of interest situation exists; and

                (e)    at the end of the period of 21 days from the start day the conflict of interest situation remains in existence;

then the audit team leader must cease to be the audit team leader within 7 days after the end of that period and notify the Greenhouse and Energy Data Officer and the audited body in writing accordingly.

Requirement if conflict of interest situation relates to other professional member of the audit team

         (4)   If:

                (a)    the audit team leader is carrying out the greenhouse and energy audit; and

               (b)    a conflict of interest situation exists in relation to the audited body while the audit team leader is the audit team leader for the audit; and

                (c)    the conflict of interest situation exists in relation to a professional member of the audit team (other than the audit team leader); and

               (d)    on a particular day (the start day) the audit team leader becomes aware that the conflict of interest situation exists;

then, before the end of the period of 21 days after the start day, the audit team leader must apply under regulation 6.71 for an exemption from the requirements of this regulation for the conflict of interest situation.

Copy of application for exemption must be given to audited body

         (5)   If the audit team leader applies for the exemption as required by subregulation (4), the audit team leader must, as soon as practicable after the notice has been received by the Greenhouse and Energy Data Officer, give a copy of the application to the audited body.

Audit team member must cease to be audit team member if no exemption applied for

         (6)   If the audit team leader does not apply for the exemption as required by subregulation (4), the audit team leader must ensure that the audit team member in the conflict of interest situation ceases to be an audit team member in relation to the audit at the end of the period of 21 days mentioned in that subregulation.

Audit team member must cease to be audit team member if no exemption granted

         (7)   If:

                (a)    the audit team leader applies for the exemption as required by subregulation (4); and

               (b)    the Greenhouse and Energy Data Officer refuses to grant the exemption in relation to the audit team member in the conflict of interest situation;

then the audit team leader must ensure that the audit team member ceases to be an audit team member in relation to the audit at the end of the period of 7 days after the Greenhouse and Energy Data Officer refuses the exemption.

Quality control system

         (8)   The audit team leader breaches the requirements of this subregulation if:

                (a)    the audit team leader engages in audit activity in relation to the audited body at a particular time; and

               (b)    a conflict of interest situation exists in relation to the audited body at that time; and

                (c)    at that time the audit team leader is not aware that the conflict of interest situation exists; and

               (d)    the audit team leader would have been aware of the existence of the conflict of interest situation at that time if the audit team leader had had in place a quality control system reasonably capable of making the audit team leader aware of the existence of such a conflict of interest situation.

6.48        Meaning of engages in audit activity

                An audit team leader engages in audit activity in relation to the greenhouse and energy audit if the audit team leader:

                (a)    accepts the position of audit team leader for the audit; or

               (b)    prepares for the audit; or

                (c)    carries out the audit; or

               (d)    prepares the audit report.

6.49        Meaning of conflict of interest situation

         (1)   A conflict of interest situation exists in relation to an audited body at a particular time if, because of circumstances that exist at that time:

                (a)    the audit team leader, or a professional member of the audit team, is not capable of exercising objective and impartial judgment in relation to the conduct of the greenhouse and energy audit; or

               (b)    a reasonable person, with full knowledge of all relevant facts and circumstances, would conclude that the audit team leader, or a professional member of the audit team, is not capable of exercising objective and impartial judgment in relation to the conduct of the audit.

         (2)   A person seeking to determine whether a conflict of interest situation exists must have regard to circumstances arising from any relationship that exists, has existed, or is likely to exist, between the audit team leader or professional member of the audit team and the audited body.

         (3)   Subregulation (2) does not limit subregulation (1).

6.50        Meaning of professional members of the audit team

                If an audit team leader carries out a greenhouse and energy audit, the professional members of the audit team are:

                (a)    any registered greenhouse and energy auditor who assists in the carrying out of the audit; and

               (b)    any other person who assists in the carrying out of the audit and, in the course of doing so, exercises professional judgment in relation to the application of, or compliance with, the Audit Determination and these Regulations; and

                (c)    any other person who is in a position to directly influence the outcome of the audit because of the role they play in the design, planning, management, supervision or oversight of the audit; and

               (d)    any person who provides, or takes part in providing, quality control for the audit.

Subdivision 6.6.4        Independence requirements in specific audit situations

6.51        Audit team leader to comply with requirements of this Subdivision

                An audit team leader must not breach a requirement of this Subdivision in relation to an audited body for a greenhouse and energy audit.

6.52        Audit team leader not to engage in audit activity during occurrence of certain circumstances

         (1)   This regulation applies in the following circumstances:

                (a)    the audit team leader engages in audit activity in relation to the audited body at a particular time;

               (b)    an item of the table in subregulation 6.56 (2) applies at that time to a person or entity covered by regulation 6.55;

                (c)    the audit team leader becomes aware of the circumstance referred to in paragraph (b).

         (2)   The audit team leader must, as soon as possible after becoming aware of the circumstances, take all reasonable steps to ensure that the audit team leader does not continue to engage in the audit activity in those circumstances.

6.53        Audit team leader must cease to be leader

         (1)   This regulation applies if:

                (a)    an audit team leader is carrying out a greenhouse and energy audit; and

               (b)    a relevant item of the table in subregulation 6.56 (2) applies to the person or entity covered by items 1, 2, 4, 6 or 7 of the table in regulation 6.55 while the audit team leader is carrying out the audit as audit team leader; and

                (c)    on a particular day (the start day), the audit team leader becomes aware of the circumstances referred to in paragraph (b); and

               (d)    at the end of the period of 21 days from the start day those circumstances remain in existence.

         (2)   The audit team leader must, within 7 days after the end of the 21 day period, cease to be the audit team leader and notify the Greenhouse and Energy Data Officer and the audited body in writing accordingly.

6.54        Audit team leader must seek exemption etc for team member

         (1)   This subregulation applies if:

                (a)    the audit team leader is carrying out a greenhouse and energy audit; and

               (b)    a relevant item of the table in subregulation 6.56 (2) applies to a person covered by item 3 or 5 of the table in regulation 6.55 while the audit team leader is carrying out the audit as audit team leader; and

                (c)    on a particular day (the start day), the audit team leader becomes aware of the circumstances referred to in paragraph (b).

         (2)   The audit team leader must, before the end of the period of 21 days after the start day, apply under regulation 6.71 for an exemption from the requirements of this Subdivision for the circumstances.

         (3)   If the audit team leader applies for an exemption, the audit team leader must, as soon as practicable after the notice has been received, give a copy of the application to the audited body.

         (4)   If the audit team leader has not applied for the exemption as required by subregulation (2), the audit team leader must ensure that the audit team member concerned in the circumstances ceases to be an audit team member in relation to the audit at the end of the period of 21 days mentioned in that subregulation.

         (5)   If:

                (a)    the audit team leader has applied for the exemption as required by subregulation (2); and

               (b)    the Greenhouse and Energy Data Officer refuses to grant the exemption in relation to the audit team member in the circumstances;

then the audit team leader must ensure that the audit team member ceases to be an audit team member in relation to the audit at the end of the period of 7 days after the Greenhouse and Energy Data Officer refuses the exemption.

6.55        Relevant items for persons and entities

                The following table sets out:

                (a)    the persons and entities covered by this regulation in relation to audit activity engaged in by an audit team leader; and

               (b)    the items of the table in subregulation 6.56 (2) that are the relevant items for each of those persons and entities:

Item

For this person or entity ...

the relevant items of the table in subregulation 6.56 (2) are ...

1

the audit team leader

1 to 16

2

a service company or trust acting for, or on behalf of, the audit team leader, or another entity performing a similar function

1 to 16

3

a professional member of the audit team carrying out the audit

1 to 16

4

an immediate family member of audit team leader of the audit team carrying out the audit

1 to 16

5

an immediate family member of a professional member of the audit team carrying out the audit

1 to 9

 

6

an entity that the audit team leader (or a service company or trust acting for, or on behalf of, the individual auditor, or another entity performing a similar function) controls

6, 8 to 16

7

a body corporate in which the audit team leader (or a service company or trust acting for, or on behalf of, the individual auditor, or another entity performing a similar function) has a substantial holding

6, 8 to 16

6.56        Relevant relationships

         (1)   An expression in this regulation or regulation 6.57 that is also used in section 324CH of the Corporations Act 2001 has the same meaning as the term has when used in that section.

         (2)   The following table lists the relationships between:

                (a)    a person; and

               (b)    the audited body for a greenhouse and energy audit;

that are relevant for the purposes of regulations 6.52, 6.53 and 6.54:

Item

This item applies to a person at a particular time if at that time the person ...

1

is an officer of the audited body

2

is a partner of an officer of the audited body

3

is an employer of an officer of the audited body

4

is an employee of an officer of the audited body

5

is a partner or employee of an employee of an officer of the audited body

6

provides remuneration to an officer of the audited body

7

was an officer of the audited body at any time during:

    (a)   the period to which the audit relates; or

   (b)   the 12 months immediately preceding the beginning of the period to which the audit relates; or

    (c)   the period during which the audit is being conducted or the audit report is being prepared

8

has an asset that is an investment in the audited body

9

has an asset that is a beneficial interest in an investment in the audited body and has control over that asset

10

has an asset that is a beneficial interest in an investment in the audited body that is a material interest

11

has an asset that is a material investment in an entity that has a controlling interest in the audited body

12

has an asset that is a material beneficial interest in an investment in an entity that has a controlling interest in the audited body

13

owes an amount to:

    (a)   the audited body; or

   (b)   a related body corporate; or

    (c)   an entity that the audited body controls;

unless the debt is disregarded under subregulation 6.57 (1), (2) or (3)

14

is owed an amount by:

    (a)   the audited body; or

   (b)   a related body corporate; or

    (c)   an entity that the audited body controls;

under a loan that is not disregarded under subregulation 6.57 (4) or (5)

15

is liable under a guarantee of a loan made to:

    (a)   the audited body; or

   (b)   a related body corporate; or

    (c)   an entity that the audited body controls

16

is entitled to the benefit of a guarantee given by:

    (a)   the audited body; or

   (b)   a related body corporate; or

    (c)   an entity that the audited body controls;

in relation to a loan unless the guarantee is disregarded under subregulation 6.57 (6)

6.57        Exceptions to relevant relationships

Housing loan exception

         (1)   For the purposes of item 13 of the table in subregulation 6.56 (2), disregard a debt owed by an individual to a body corporate or entity if:

                (a)    the body corporate or entity is:

                          (i)    an Australian ADI; or

                         (ii)    a body corporate registered under the Life Insurance Act 1995; and

               (b)    the debt arose because of a loan that the body corporate or entity made to the person in the ordinary course of its ordinary business; and

                (c)    the person used the amount of the loan to pay the whole or part of the purchase price of premises that the person uses as their principal place of residence.

Note   Subregulation 6.56 (1) provides that an expression used in this regulation that is also used in section 324CH of the Corporations Act 2001 has the same meaning as the term has when used in that section

Goods and services exception

         (2)   For the purposes of item 13 of the table in subregulation 6.56 (2), disregard a debt owed by a person or firm to a body corporate or entity if:

                (a)    the debt arises from the acquisition of goods or services from:

                          (i)    the audited body; or

                         (ii)    an entity that the audited body controls; or

                         (iii)    a related body corporate; and

               (b)    the acquisition of goods and services was on the terms and conditions that would normally apply to goods or services acquired from the body, entity or related body corporate; and

                (c)    the debt is owed on the terms and conditions that would normally apply to a debt owing to the body, entity or related body corporate; and

               (d)    the goods or services will be used by the person or firm:

                          (i)    for the personal use of the person or firm; or

                         (ii)    in the ordinary course of business of the person or firm.

Ordinary commercial loan exception

         (3)   For the purposes of item 13 of the table in subregulation 6.56 (2), disregard a debt owed under a loan that:

                (a)    is made or given in the ordinary course of business of:

                          (i)    the audited body; or

                         (ii)    the related body corporate; or

                         (iii)    the controlled entity; and

               (b)    is made or given on the terms and conditions that would normally apply to a loan made or given by the audited body, the related body corporate or the controlled entity.

Loans by immediate family members in ordinary business dealing with client

         (4)   For the purposes of item 14 of the table in subregulation 6.56 (2), disregard a debt owed to a person by a body corporate or entity if:

                (a)    the item applies to the person because the person is an immediate family member of:

                          (i)    a professional member of the audit team conducting the audit of the audited body; or

                         (ii)    a non‑audit services provider; and

               (b)    the debt is incurred in the ordinary course of business of the body corporate or entity.

         (5)   For the purposes of item 14 in the table in subregulation 6.56 (2), disregard an amount owed under a loan to a person or firm by the audited body, a related body corporate or an entity that the audited body controls if:

                (a)    the body, body corporate or entity is an Australian ADI; and

               (b)    the amount is deposited in a basic deposit product (within the meaning of section 761A of the Corporations Act 2001) provided by the body, body corporate or entity; and

                (c)    the amount was deposited, in the ordinary course of business of the audited body, body corporate or entity, on the terms and conditions that would normally apply to a basic deposit product provided by the body, body corporate or entity.

Ordinary commercial guarantee exception

         (6)   For the purposes of item 16 of the table in subregulation 6.56 (2), disregard any guarantee that:

                (a)    is made or given in the ordinary course of the business of:

                          (i)    the audited body; or

                         (ii)    the related body corporate; or

                         (iii)    the controlled entity; and

               (b)    is made or given on the terms and conditions that would normally apply to a guarantee made or given by the audited body, the related body corporate or the controlled entity.

Subdivision 6.6.5        Other independence requirements

6.58        Audit team leader disqualified after working with audited body in certain cases

                A registered greenhouse and energy auditor must not be the audit team leader for a greenhouse and energy audit at a particular time if, within 2 years prior to that time, the auditor has worked with the audited body:

                (a)    to develop monitoring methodologies for greenhouse gas emissions and energy for the audited body; or

               (b)    undertaking appraisals of greenhouse gas liabilities or assets of the audited body; or

                (c)    to provide technical assistance to the audited body to develop monitoring methodologies for greenhouse gas emissions and energy for the audited body.

6.59        Audit team leader rotation requirement

         (1)   An audit team leader must comply with the following requirements in relation to a particular audited body unless the audit team leader has been exempted from the requirements of this regulation under regulation 6.71 in respect of the audited body.

         (2)   The audit team leader must not carry out a greenhouse and energy audit in relation to the audited body as the audit team leader for more than 5 consecutive greenhouse and energy audits carried out in relation to the audited body.

         (3)   Between each set of 5 consecutive greenhouse and energy audits, there must be at least 2 successive greenhouse and energy audits carried out in relation to the audited body for which the audit team leader was not the audit team leader.

         (4)   The audit team leader must ensure that the professional members of the audit team are eligible to participate in the audit.

         (5)   The audit team leader may apply under regulation 6.71 for the exemption referred to in subregulation (1).

Subdivision 6.6.6    Insurance

6.60        Registered greenhouse and energy auditor must have insurance

         (1)   The audit team leader in relation to a greenhouse and energy audit must have indemnity insurance that complies with the requirements of this regulation while preparing for and undertaking the audit and in preparing the report on the audit.

         (2)   The audit team leader must:

                (a)    if the audit team leader is a sole practitioner — maintain an insurance policy which has an insured amount of at least $250,000 for each claim, and for all claims in the aggregate, made under the policy during a calendar year; or

               (b)    if the audit team leader is a partner of an audit firm, member of an audit company or an employee of such a firm or company — ensure that at all times the firm or company is covered by an insurance policy maintained by the firm or company which has an insured amount that is at least $500,000 for each claim, and for all claims in the aggregate, made under the policy during a calendar year.

         (3)   The insurance policy must:

                (a)    cover any civil legal liability arising in relation to a greenhouse and energy audit carried out by the audit team leader, including liability arising out of the dishonesty of the team members; and

               (b)    subject to subregulation (4), cover costs and expenses incurred by the audit team leader and the team members when defending and settling claims of at least the amount mentioned in paragraph (2) (a), including legal costs and expenses of investigation; and

                (c)    not be cancellable by the insurer solely because of an innocent non-disclosure or misrepresentation by:

                          (i)    the audit team leader, his or her employees or an audit team member; or

                         (ii)    if the audit team leader is a partner of an audit firm, member of an audit company or an employee — any other partner, member, employee or audit team member.

         (4)   Paragraph (3) (b) does not apply in relation to an audit team member if the member is covered by a policy of insurance on substantially the same terms.

         (5)   Subject to subregulation (3), the insurance policy must also be on ordinary commercial terms offered by insurers for insurance of that type at the time the insurance contract is entered into.

         (6)   In particular, the exclusions and conditions must be standard or usual for insurance of that type and any excess applicable to the cover must not be of an unreasonable amount.

Subdivision 6.6.7        Conditions

6.61        Conditions

         (1)   A registered greenhouse and energy auditor must comply with any conditions imposed on the auditor’s registration by the Greenhouse and Energy Data Officer.

         (2)   The Greenhouse and Energy Data Officer may impose the conditions on or after registration.

         (3)   The Greenhouse and Energy Data Officer may impose the conditions only if the Greenhouse and Energy Data Officer thinks that it is necessary to do so to address concerns the Greenhouse and Energy Data Officer may have about:

                (a)    the auditor’s ability to conduct greenhouse and energy audits in accordance with the Audit Determination and these Regulations; or

               (b)    the conduct of the auditor while carrying out a greenhouse and energy audit.

         (4)   The Greenhouse and Energy Data Officer may impose the following kinds of conditions:

                (a)    a condition that the auditor must undertake additional training of a particular kind;

               (b)    a condition that the auditor must undertake professional development of a particular kind;

                (c)    a condition that the auditor may only be an audit team member or an audit team leader in relation to certain types of greenhouse and energy audits or certain industry sectors.

6.62        How conditions are imposed

         (1)   If the Greenhouse and Energy Data Officer intends to impose a condition on the registration of a registered greenhouse and energy auditor, the Greenhouse and Energy Data Officer must give the auditor notice of the condition in writing.

         (2)   The notice must also specify:

                (a)    the date from which the condition is to apply or, if appropriate, the period during which the condition must be complied with; and

               (b)    that the auditor may respond to the Greenhouse and Energy Data Officer, in writing, within 14 days after the notice is given setting out why the Greenhouse and Energy Data Officer should not impose the condition or should impose a different condition; and

                (c)    that if the auditor does so respond, the Greenhouse and Energy Data Officer will consider the response in making a decision on whether or not to impose the condition; and

               (d)    the terms of subregulations (3) and (4).

         (3)   If the auditor does not respond in accordance with paragraph (2) (b), the condition takes effect as provided in the notice.

         (4)   If the auditor responds in accordance with paragraph (2) (b):

                (a)    the Greenhouse and Energy Data Officer must consider the response and any other relevant information and make a decision about the condition; and

               (b)    the Greenhouse and Energy Data Officer must give written notice of the decision to the auditor including, if the Greenhouse and Energy Data Officer decides to impose the condition:

                          (i)    particulars of the condition, the date of application of the condition and period for compliance with the condition; and

                         (ii)    a statement of reasons for the decision; and

                (c)    the condition takes effect as provided in the notice under paragraph (b).

6.63        Restrictions on audit team leader accepting audit

                A registered greenhouse and energy auditor must not accept an appointment to carry out a greenhouse and energy audit as audit team leader unless the auditor is satisfied that:

                (a)    he or she will have the necessary resources to be able to conduct the audit as specified by the Greenhouse and Energy Data Officer in the notice given under the relevant provision of the Act under which the audit is being undertaken; and

               (b)    he or she possesses sufficient knowledge and skills in relation to the matters being audited to:

                          (i)    define the objectives of audit tasks assigned to particular audit team members; and

                         (ii)    consider the reasonableness of the methods and data used by audit team members in undertaking their assigned tasks; and

                         (iii)    consider the reasonableness of the audit team members’ findings in relation to the matters being audited.

Note for paragraph (a)   Sections 73, 73A and 74 of the Act provide for audits to be undertaken.

Subdivision 6.6.8        Other requirements

6.64        Registered auditor must continue to be fit and proper person

         (1)   A registered greenhouse and energy auditor must not cease to be a fit and proper person.

         (2)   In determining whether a registered greenhouse and energy auditor has ceased to be a fit and proper person, the Greenhouse and Energy Data Officer must have regard to the information and evidence mentioned in regulation 6.23 and the following:

                (a)    whether the auditor has been convicted of an offence against a law of the Commonwealth, a State or Territory or a foreign country (including a state or similar division of a foreign country) if the offence had an element of dishonesty;

               (b)    whether there has been, in respect of the auditor, any finding of civil liability for any breach of trust or other breach of fiduciary duty, dishonesty, negligence or recklessness in the course of the auditor’s work as a registered greenhouse and energy auditor;

                (c)    whether the auditor:

                          (i)    is bankrupt or has applied to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

                         (ii)    has compounded with creditors or made an assignment of remuneration for their benefit;

               (d)    whether the auditor made a statement that was false or misleading in a material particular:

                          (i)    in an application for registration; or

                         (ii)    in a report under regulation 6.69; or

                         (iii)    to a person conducting a review under regulation 6.26 or an inspection under regulation 6.40;

                (e)    whether the auditor has had his or her membership of a relevant professional body cancelled.

6.65        Continuing professional development requirements

         (1)   A registered greenhouse and energy auditor must complete at least 15 days of continuing professional development.

         (2)   The auditor must complete the continuing professional development in each 3 year period of registration commencing on the date that the auditor was first registered.

         (3)   The Greenhouse and Energy Data Officer may recommend conferences, seminars, courses, and other kinds of training that are relevant to continuing professional development.

         (4)   In this regulation, continuing professional development, for an auditor, means participation in, or attendance at, conferences, seminars, courses, and other kinds of training that are relevant to:

                (a)    the category in which the auditor is registered; and

               (b)    the knowledge and qualifications used for the purposes of registration.

6.66        Participation in greenhouse and energy audits

                A registered greenhouse and energy auditor must carry out, or assist in the carrying out, of a greenhouse and energy audit at least once in every 3 financial years following registration.

6.67        Notice requirements — change in circumstances

         (1)   A registered greenhouse and energy auditor must notify the Greenhouse and Energy Data Officer of any change in the details provided by the auditor in an application for registration.

         (2)   The notice must be given, in writing, within 28 days after the auditor becomes aware of the change.

         (3)   In particular, the auditor must notify the Greenhouse and Energy Data Officer of any of the matters mentioned in subregulation 6.64 (2).

6.68        Notice requirements of audit team leaders

         (1)   A registered greenhouse and energy auditor must notify the Greenhouse and Energy Data Officer if the auditor accepts the position of audit team leader from a person other than the Officer.

         (2)   The notice must be given, in writing, within 28 days after the auditor accepts the position.

         (3)   The notice must contain the following information in relation to the auditor:

                (a)    the name of the audited body and, if the auditor accepts the position from a person other than the audited body, the name of the person;

               (b)    the type of greenhouse and energy audit concerned;

                (c)    the matters being audited.

6.69        Requirement to give report

         (1)   A registered greenhouse and energy auditor must give the Greenhouse and Energy Data Officer a report containing information relating to the auditor’s greenhouse and energy audits and continuing professional development undertaken during a financial year.

         (2)   The report must be given by 31 December in the next following financial year.

         (3)   The report must include the following information for the financial year:

                (a)    in relation to greenhouse and energy audits:

                          (i)    the audits carried out by the auditor as audit team leader during the year (whether completed during the year or not); and

                         (ii)    the audits that the auditor assisted in carrying out as an audit team member during the year (whether completed during the year or not) and the position that the auditor held in the audit team; and

                         (iii)    the name of the audited body for each audit carried out during the year; and

                        (iv)    the audits completed during the year; and

                         (v)    if an audit was completed during the year, the time taken to complete it; and

                        (vi)    any other matter specified by the Greenhouse and Energy Data Officer in writing for the purposes of this subparagraph; and

               (b)    in relation to continuing professional development under regulation 6.65:

                          (i)    the conferences, seminars, courses, and other kinds of training relevant to continuing professional development that the auditor participated in during the year; and

                         (ii)    the conferences, seminars, courses, and other kinds of training relevant to continuing professional development that the auditor attended during the year.

6.70        Retention of audit records

                A registered greenhouse and energy auditor who carries out a greenhouse and energy audit as audit team leader must keep the records relating to the audit for 5 years from the date of the report of the audit.

Subdivision 6.6.8        Exemptions

6.71        Greenhouse and Energy Data Officer may grant exemptions in certain cases

         (1)   This regulation applies to an application for an exemption mentioned in:

                (a)    subregulation 6.47 (4); or

               (b)    subregulation 6.54 (2); or

                (c)    subregulation 6.59 (5).

         (2)   The application must be in writing and must contain the following information:

                (a)    the name of the audit team leader;

               (b)    the name of the audit team member in respect of whom the application is being made;

                (c)    details of the greenhouse and energy audit in respect of which the exemption is sought;

               (d)    the reasons for which the exemption is sought;

                (e)    if the application is for an exemption under subregulation 6.47 (4) or 6.54 (2) — details of procedures the audit team leader proposes to put in place for managing the conflict of interest or circumstances.

         (3)   The Greenhouse and Energy Data Officer may, in writing, grant the audit team leader the exemption if the Greenhouse and Energy Data Officer is satisfied about the following:

                (a)    that the non-participation in the audit of the person in respect of whom the exemption is sought would place an unreasonable burden on the audited body, the audit team leader or the Greenhouse and Energy Data Officer;

               (b)    if the application is for an exemption under subregulation 6.47 (4) or 6.54 (2) — that the audit team leader has put in place procedures for managing the conflict of interest or circumstances so that the Greenhouse and Energy Data Officer is satisfied that the findings of the audit will not be affected by the conflict or circumstances.

         (4)   If the Greenhouse and Energy Data Officer decides to refuse an application, he or she must give the applicant notice of, and reasons for, the decision.

Division 6.7           Other matters

6.72        Legislative instrument

         (1)   This regulation is made for the purposes of paragraph 75A (2) (b) of the Act.

         (2)   The Greenhouse and Energy Data Officer may make a legislative instrument setting out:

                (a)    some or all of the requirements that could otherwise be set out in the regulations; or

               (b)    ways in which requirements set out in the regulations may be met.

         (3)   In subregulation (2), regulations means regulations made for the purposes of paragraph 75A (2) (b) of the Act.

6.73        Review by AAT of decisions of Greenhouse and Energy Data Officer

                Application may be made to the Administrative Appeals Tribunal for review of a decision of the Greenhouse and Energy Data Officer:

                (a)    under regulation 6.30 to suspend the registration of a registered greenhouse and energy auditor; or

               (b)    under regulation 6.31 to refuse to suspend the registration of a registered greenhouse and energy auditor; or

                (c)    under regulation 6.35 to deregister a registered greenhouse and energy auditor; or

               (d)    under regulation 6.37 to refuse to deregister a registered greenhouse and energy auditor; or

                (e)    under regulation 6.62 to impose a condition on the registration of a registered greenhouse and energy auditor; or

                (f)    under regulation 6.71 to refuse an application for an exemption as provided for in that regulation.

Schedule 2        Consequential amendments

(regulation 3)

 

Note   These amendments parallel amendments of the National Greenhouse and Energy Reporting (Measurement) Determination 2008.

[1]           Regulation 1.03, definition of chemical product

substitute

chemical product includes adipic acid, ammonia, carbide, nitric acid, soda ash, synthetic rutile or titanium dioxide.

[2]           Regulation 1.03, definition of source

substitute

source has the same meaning as in the Measurement Determination.

[3]           Regulation 1.03, definition of waste mix types, paragraph (i)

substitute

                 (i)    inert waste (including concrete, metal, plastic and glass).

[4]           Subdivision 4.4.2, heading

substitute

Subdivision 4.4.2        Greenhouse gas emissions from fuel combustion

[5]           Regulation 4.06

omit

consumption of energy

insert

combustion of fuel

[6]           Regulations 4.07 and 4.08

substitute

4.07        Greenhouse gas emissions from combustion of fuel

         (1)   This regulation applies if the operation of a facility of the corporation emits greenhouse gases from the combustion of fuel.

Note   The combustion of fuel is a source.

         (2)   If the corporation used Method 1 in the Measurement Determination to estimate the greenhouse gases emitted, the corporation’s report must include:

                (a)    the energy content factor that the corporation used to measure the amount of the fuel combusted in the facility during the year; and

               (b)    the amount of each greenhouse gas that is emitted during the reporting year.

         (3)   If the corporation used Method 2, 3 or 4 in the Measurement Determination to estimate the greenhouse gases emitted, the corporation’s report must include information for the facility in relation to greenhouse gas emissions from the fuel combustion during the year and must identify:

                (a)    the facility specific emission factor that the corporation used to estimate greenhouse gas emissions from the combustion of that fuel during the year; and

               (b)    the energy content factor that the corporation used to measure the amount of that fuel combusted in the facility during the year; and

                (c)    the amount of each greenhouse gas that is emitted during the reporting year.

[7]           Regulation 4.10, heading

substitute

4.10        Greenhouse gas emissions — coal mining

[8]           Subregulation 4.10 (1)

omit

coal mining

[9]           Paragraph 4.10 (2) (a)

omit

[10]         Subregulation 4.10 (2), table, item 1, column 2

omit

(UNFCCC Category 1.B.1.a)

[11]         Subregulation 4.10 (2), table, item 1, Method 1, column 4, after paragraph (b)

insert

                (c)    the tonnes of coal mine waste gas flared

[12]         Subregulation 4.10 (2), table, item 1, Methods 2 and 3, column 4, paragraphs (c), (d) and (e)

after

(CO2‑e)

insert

and the tonnes of carbon dioxide

[13]         Subregulation 4.10 (2), table, item 1, Methods 2 and 3, column 4, after paragraph (e)

insert

                (f)    the tonnes of methane (CO2‑e) and the tonnes of carbon dioxide vented

[14]         Subregulation 4.10 (2), table, item 2, column 2

omit

(UNFCCC Category 1.B.1.a)

[15]         Subregulation 4.10 (2), table, item 2, Method 1, column 4, after paragraph (c)

insert

                (d)    the tonnes of coal mine waste gas (CO2‑e) flared

[16]         Subregulation 4.10 (2), table, item 2, Method 4, column 4, paragraphs (c), (d) and (e)

after

(CO2‑e)

insert

and the tonnes of carbon dioxide

[17]         Subregulation 4.10 (2), table, item 3

omit

[18]         Subregulation 4.10 (2), table, item 4, column 2

omit

(UNFCCC Category 1.B.1.c)

[19]         Subregulation 4.10 (2), table, item 4, Method 1, column 4, after paragraph (e)

insert

                (f)    the tonnes of coal mine waste gas (CO2‑e) flared

[20]         Subregulation 4.10 (2), table, item 4, Method 4, column 4, paragraphs (b), (c) and (d)

after

(CO2‑e)

insert

and the tonnes of carbon dioxide

[21]         Regulation 4.11, heading

substitute

4.11        Greenhouse gas emissions — oil or gas

[22]         Subregulation 4.11 (1)

omit

an oil and gas

insert

a

[23]         Paragraph 4.11 (2) (a)

omit

[24]         Subregulation 4.11 (2), table, item 1, column 2

substitute

Oil or gas exploration

[25]         Subregulation 4.11 (2), table, item 1, Methods 2 and 3, column 4, paragraphs (c) and (d)

omit

facility-specific CO2

insert

facility specific carbon dioxide

[26]         Subregulation 4.11 (2), table, item 2, column 2

omit

(UNFCCC Category 1.B.2a.ii)

[27]         Subregulation 4.11 (2), table, item 2, Method 1, column 4, paragraph (b)

omit

crude oil production

insert

liquids

[28]         Subregulation 4.11 (2), table, item 2, Method 1, column 4, after paragraph (b)

insert

                (c)    the tonnes of gas flared

[29]         Subregulation 4.11 (2), table, item 2, Method 2, column 4, paragraph (c)

omit

crude oil production

insert

liquids

[30]         Subregulation 4.11 (2), table, item 2, Method 2, column 4, after paragraph (c)

insert

                (d)    the facility specific carbon dioxide emission factor for liquids, expressed in tonnes of emissions (CO2‑e) per tonne of fuel flared

                (e)    the facility specific carbon dioxide emission factor for gases, expressed in tonnes of emissions (CO2‑e) per tonne of fuel flared

                (f)    the tonnes of gas flared

[31]         Subregulation 4.11 (2), table, item 3, column 2

omit

(UNFCCC Category 1.B.2.a.iii)

[32]         Subregulation 4.11 (2), table, item 4, column 2

omit

and storage (UNFCCC Category 1.B.2a.iv)

[33]         Subregulation 4.11 (2), table, item 4, Methods 2, 3 and 4, column 4, paragraph (e)

omit

facility-specific

insert

facility specific

[34]         Subregulation 4.11 (2), table, item 4, Methods 2, 3 and 4, column 4, paragraph (e)

omit

CO2-e

insert

(CO2-e)

[35]         Subregulation 4.11 (2), table, item 4, Method 2, 3 and 4, column 4, paragraph (f)

omit

facility-specific

insert

facility specific

[36]         Subregulation 4.11 (2), table, item 4, Methods 2, 3 and 4, column 4, paragraph (f)

omit

CO2-e

insert

(CO2-e)

[37]         Subregulation 4.11 (2), table, item 4, Methods 2, 3 and 4, column 4, paragraph (g)

omit

facility-specific

insert

facility specific

[38]         Subregulation 4.11 (2), table, item 4, Methods 2, 3 and 4, column 4, paragraph (g)

omit

CO2-e

insert

(CO2-e)

[39]         Subregulation 4.11 (2), table, item 5, column 2

omit

and processing (other than venting and flaring) (UNFCCC Category 1.B.2.b.ii)

insert

or processing (other than venting or flaring)

[40]         Subregulation 4.11 (2), table, item 5, Method 2, column 4, paragraph (b)

omit

CO2-e

insert

(CO2-e)

[41]         Subregulation 4.11 (2), table, item 6, column 2

omit

(UNFCCC Category 1.B.2.b.iii)

[42]         Subregulation 4.11 (2), table, item 6, Method 2, column 4, paragraph (c)

omit

CO2-e

insert

(CO2-e)

[43]         Subregulation 4.11 (2), table, item 7, column 2

omit

(UNFCCC Category 1.B.2.b.iv)

[44]         Subregulation 4.11 (2), table, item 7, Method 2, column 4, paragraph (c)

omit

CO2-e

insert

(CO2-e)

[45]         Subregulation 4.11 (2), table, item 8, column 2

omit

and processing — flaring (UNFCCC Category 1.B.2.c)

insert

or processing — flaring

[46]         Subregulation 4.11 (2), table, item 8, Methods 2 and 3, column 4, paragraph (b)

omit

tonnes of CO2-e

insert

tonnes of emissions (CO2-e)

[47]         Subregulation 4.11 (2), table, item 9, column 2

omit

and processing –venting (UNFCCC Category 1.B.2.c)

insert

or processing — venting

[48]         Regulation 4.12, heading

substitute

4.12        Greenhouse gas emissions — carbon capture and storage

[49]         Regulation 4.13, heading

substitute

4.13        Greenhouse gas emissions — mineral products

[50]         Subregulation 4.13 (1)

omit

mineral product

[51]         Subregulation 4.13 (2), table, item 1, column 2

omit

production (UNFCCC Category 2.A.1)

insert

clinker production

[52]         Subregulation 4.13 (2), table, item 1, Method 1, column 4, after paragraph (b)

insert

                (c)    the degree of calcination of cement kiln dust produced

[53]         Subregulation 4.13 (2), table, item 1, Methods 2 and 4, column 4, paragraph (c)

substitute

                (c)    the facility specific emission factor for clinker production expressed in tonnes of greenhouse gas emissions of each gas (CO2-e) per tonne of clinker produced

                (d)    the degree of calcination of cement kiln dust produced

[54]         Subregulation 4.13 (2), table, item 1, Method 3, column 4, paragraph (f)

omit

tonnes of

insert

tonnes of emissions

[55]         Subregulation 4.13 (2), table, item 1, Method 3, column 4, after paragraph (f)

insert

                (g)    the degree of calcination of the carbonate in the production of cement clinker during the year

                (h)    the tonnes of any other pure carbonate calcined

                 (i)    the degree of calcination of cement kiln dust produced

[56]         Subregulation 4.13 (2), table, item 2, column 2

omit

(UNFCCC Category 2.A.2)

[57]         Subregulation 4.13 (2), table, item 2, Methods 2 and 4, column 4, paragraph (b)

omit

tonnes of CO2-e

insert

tonnes of emissions (CO2-e)

[58]         Subregulation 4.13 (2), table, item 2, Method 3, column 4, after paragraph (d)

insert

                (e)    the degree of calcination of the carbonate in the production of lime during the year

                (f)    the tonnes of any other pure carbonate calcined

                (g)    the degree of calcination achieved for lime kiln dust produced

[59]         Subregulation 4.13 (2), table, item 3, column 2

omit

(UNFCCC Category 2.A.3)

[60]         Subregulation 4.13 (2), table, item 3, Method 1, column 4, after paragraph (c)

insert

                (d)    the degree of calcination of the carbonate during the year

                (e)    the tonnes of any other pure carbonate calcined

[61]         Subregulation 4.13 (2), table, item 3, Method 3

substitute

 

 

Method 3 for the source, as set out in the Measurement Determination

   (a)  the tonnes of calcium carbonate (pure) calcined

   (b)  the tonnes of dolomite (pure) calcined

   (c)  the tonnes of magnesium carbonate (pure) calcined

   (d)  the degree of calcination of the carbonate during the year

   (e)  the tonnes of any other pure carbonate calcined

 

 

Method 4 for the source, as set out in the Measurement Determination

the tonnes of each pure carbonate calcined

[62]         Subregulation 4.13 (2), table, item 4, column 2

omit

consumption (UNFCCC Category 2.A.4)

insert

use

[63]         Subregulation 4.13 (2), table, item 5

substitute

5

Soda ash production

Method 1 for the source, as set out in the Measurement Determination

   (a)  the tonnes of limestone consumed

   (b)  the tonnes of dolomite consumed

   (c)  the tonnes of magnesium carbonate consumed

   (d)  the tonnes of soda ash produced

   (e)  the tonnes of sodium bicarbonate produced

   (f)  the tonnes of soda ash used for brine purification

 

 

Methods 2, 3 and 4 for the source, as set out in the Measurement Determination

   (a)  the facility specific emission factor for soda ash production expressed in kilograms of CO2‑e per gigajoule of fuel or tonne of carbonate consumed

   (b)  the tonnes of calcium carbonate (pure) consumed

   (c)  the tonnes of dolomite (pure) consumed

   (d)  the tonnes of magnesium carbonate (pure) consumed

   (e)  the tonnes of soda ash produced

   (f)  the tonnes of sodium bicarbonate produced

   (g)  the tonnes of soda ash used for brine purification

[64]         Regulation 4.14, heading

substitute

4.14        Greenhouse gas emissions — chemical products

[65]         Subregulation 4.14 (1)

omit

chemical product

[66]         Subregulation 4.14 (2), table, item 1, column 2

omit

(UNFCCC category 2.B.1)

[67]         Subregulation 4.14 (2), table, item 1, Method 1, column 4, paragraph (b)

omit

(CO2)

insert

carbon dioxide

[68]         Subregulation 4.14 (2), table, item 1, Method 1, column 4, after paragraph (b)

insert

                (c)    the tonnes of carbon dioxide recovered and used for urea production

[69]         Subregulation 4.14 (2), table, item 1, Methods 2, 3 and 4, column 4, paragraph (b)

omit

(CO2)

insert

carbon dioxide

[70]         Subregulation 4.14 (2), table, item 1, Methods 2, 3 and 4, column 4, paragraph (c)

omit

as the

insert

in

[71]         Subregulation 4.14 (2), table, item 1, Methods 2, 3 and 4, column 4, after paragraph (c)

insert

                (d)    the tonnes of carbon dioxide recovered and used for urea production

[72]         Subregulation 4.14 (2), table, item 2, column 2

omit

(UNFCCC category 2.B.2)

[73]         Subregulation 4.14 (2), table, item 2, Methods 2, 3 and 4, column 4, paragraph (b)

omit

as the tonnes of CO2-e

insert

in tonnes of emissions (CO2-e)

[74]         Subregulation 4.14 (2), table, items 3 and 4

substitute

3

Adipic acid production

 

the tonnes of adipic acid produced

4

Carbide production

 

the tonnes of carbide produced

5

Chemical or mineral production, other than carbide production, using a carbon reductant

Method 1 for the source, as set out in the Measurement Determination

the tonnes of product produced

 

 

Methods 2, 3 and 4 for the source, as set out in the Measurement Determination

   (a)  the tonnes of product produced

   (b)  the facility specific emissions factor expressed in kilograms of CO2‑e per gigajoule of fuel consumed

[75]         Regulation 4.15, heading

substitute

4.15        Greenhouse gas emissions — metal products

[76]         Subregulation 4.15 (1)

omit

metal product

[77]         Subregulation 4.15 (2), table, item 1

substitute

1

Iron, steel or other metal production using an integrated metalworks

Method 1 for the source, as set out in the Measurement Determination

   (a)  the tonnes of iron produced for sale

   (b)  the tonnes of crude steel produced

   (c)  the carbon content factor of the iron produced for sale in tonnes of carbon per tonne of output

   (d)  the carbon content factor of the crude steel in tonnes of carbon per tonne of output

 

 

Methods 2, 3 and 4 for the source, as set out in the Measurement Determination

   (a)  the facility specific emission factor expressed in kilograms of CO2‑e per gigajoule of fuel consumed

   (b)  the tonnes of iron produced for sale

   (c)  the tonnes of crude steel produced

   (d)  the carbon content factor of the iron for sale in tonnes of carbon per tonne of output

   (e)  the carbon content factor of the crude steel in tonnes of carbon per tonne of output

[78]         Subregulation 4.15 (2), table, item 2, column 2

omit

(UNFCCC Category 2.C.2)

[79]         Subregulation 4.15 (2), table, item 2, column 4

omit

as the

insert

in

[80]         Subregulation 4.15 (2), table, item 3

substitute

3

Aluminium production

Method 1 for the source, as set out in the Measurement Determination

the amount of primary aluminium produced in tonnes during the year

 

 

Methods 2, 3 and 4 for the source, as set out in the Measurement Determination

   (a)  the facility specific emission factor expressed in kilograms of CO2‑e per gigajoule of fuel consumed

 

 

 

   (b)  the facility specific carbon tetrafluoride emissions factor expressed in tonnes of CO2‑e emitted per tonne of aluminium production

   (c)  the facility specific hexafluoroethane emissions factor expressed in tonnes of CO2‑e emitted per tonne of aluminium production

 

 

 

   (d)  the amount of primary aluminium produced in tonnes during the year

[81]         Subregulation 4.15 (2), table, item 4, column 2

omit

a metal other than aluminium, ferroalloys, or iron and steel. (UNFCCC category 2.C.5)

insert

other metals

[82]         Subregulation 4.15 (2), table, item 4, column 4

omit

as the

insert

in

[83]         Regulation 4.16, heading

substitute

4.16        Greenhouse gas emissions — hydrofluorocarbons and sulphur hexafluoride gases

[84]         Paragraph 4.16 (1) (a)

omit

things

insert

(equipment)

[85]         Paragraph 4.16 (1) (b)

omit

things mentioned in subregulation (1)

insert

equipment

[86]         Subregulation 4.16 (2)

substitute

         (2)   The corporation’s report must include information for the facility about:

                (a)    the hydrofluorocarbons and sulphur hexafluoride emitted from using the equipment during the year; and

               (b)    the amount of the stock of hydrofluorocarbons or sulphur hexafluoride contained in the equipment by each equipment type mentioned in the Measurement Determination during a year measured in CO2‑e tonnes.

[87]         Regulation 4.17, heading

substitute

4.17        Greenhouse gas emissions — waste

[88]         Subregulation 4.17 (1)

omit

waste

[89]         Subregulation 4.17 (2), table, item 1, column 2

omit

(UNFCCC 6.A)

[90]         Subregulation 4.17 (2), table, item 1, Method 1, column 4, paragraph (e)

substitute

                (e)    the tonnes of waste entering the landfill from:

                          (i)    municipal sources

                         (ii)    commercial and industrial sources

                         (iii)    construction and demolition sources

                (f)    the tonnes of waste received at the landfill site for:

                          (i)    transfer to an external recycling or biological treatment facility

                         (ii)    recycling or biological treatment onsite

                         (iii)    construction purposes, daily cover purposes, intermediate cover purposes or final capping and cover purposes (inert waste only)

                (g)    the percentages of each waste mix type entering the landfill in:

                          (i)    municipal solid waste

                         (ii)    commercial and industrial waste

                         (iii)    construction and demolition waste

                (h)    the tonnes of methane (CO2‑e) captured for combustion

                 (i)    the tonnes of methane (CO2‑e) captured and transferred offsite

                 (j)    the tonnes of methane (CO2‑e) flared

               (k)    the tonnes of waste treated by:

                          (i)    composting

                         (ii)    anaerobic digestion

                 (l)    the tonnes of methane (CO2‑e) captured from:

                          (i)    composting

                         (ii)    anaerobic digestion

[91]         Subregulation 4.17 (2), table, item 1, column 3

omit

and 4

insert

and 3

[92]         Subregulation 4.17 (2), table, item 1, Methods 2 and 4, column 4, paragraphs (e), (f) and (g)

substitute

                (e)    the tonnes of waste entering the landfill from:

                          (i)    municipal sources

                         (ii)    commercial and industrial sources

                         (iii)    construction and demolition sources

                (f)    the percentages of each waste mix type entering the landfill in:

                          (i)    municipal solid waste

                         (ii)    commercial and industrial waste

                         (iii)    construction and demolition waste

                (g)    the tonnes of waste received at the landfill site for:

                          (i)    transfer to an external recycling or biological treatment facility

                         (ii)    recycling or biological treatment onsite

                         (iii)    construction purposes, daily cover purposes, intermediate cover purposes or final capping and cover purposes (inert waste only)

[93]         Subregulation 4.17 (2), table, item 1, Methods 2 and 4, column 4, paragraphs (j), (k) and (l)

omit each mention of

CO2-e

insert

(CO2-e)

[94]         Subregulation 4.17 (2), table, item 1, Methods 2 and 4, column 4, after paragraph (l)

insert

               (m)    the tonnes of waste treated by:

                          (i)    composting

                         (ii)    anaerobic digestion

                (n)    the tonnes of methane (CO2‑e) captured from:

                          (i)    composting

                         (ii)    anaerobic digestion

[95]         Subregulation 4.17 (2), table, item 2, column 2

substitute

Wastewater handling (industrial)

[96]         Subregulation 4.17 (2), table, item 2, Method 1, column 4, paragraphs (g), (h) and (i)

omit each mention of

CO2-e

insert

(CO2-e)

[97]         Subregulation 4.17 (2), table, item 2, column 3

omit

and 4

insert

and 3

[98]         Subregulation 4.17 (2), table, item 2, Methods 2 and 4, column 4, paragraphs (i), (j) and (k)

omit each mention of

CO2-e

insert

(CO2-e)

[99]         Subregulation 4.17 (2), table, item 3, column 2

substitute

Wastewater handling (domestic or commercial)

[100]       Subregulation 4.17 (2), table, item 3, Method 1, column 4, paragraphs (g), (h) and (i)

omit each mention of

CO2-e

insert

(CO2-e)

[101]       Subregulation 4.17 (2), table, item 3, Method 1, column 4, after paragraph (i)

insert

                 (j)    the tonnes of COD in effluent leaving the site

                (k)    the population served by the wastewater treatment plant

                 (l)    the tonnes of nitrogen in sludge transferred out of the plant and disposed at landfill

               (m)    the tonnes of nitrogen in sludge transferred out of the plant and disposed at a site other than landfill

                (n)    the tonnes of nitrogen in effluent leaving the plant

[102]       Subregulation 4.17 (2), table, item 3, column 3

omit

and 4

insert

and 3

[103]       Subregulation 4.17 (2), table, item 3, Methods 2 and 4, column 4, paragraphs (g), (h) and (i)

omit each mention of

CO2-e

insert

(CO2-e)

[104]       Subregulation 4.17 (2), table, item 3, Methods 2 and 4, column 4, after paragraph (i)

insert

                 (j)    the tonnes of COD in effluent leaving the site

                (k)    the tonnes of COD in sludge transferred offsite and disposed at landfill

                 (l)    the tonnes of COD in sludge transferred offsite to a site other than landfill

               (m)    the tonnes of nitrogen in influent entering the plant

                (n)    the tonnes of nitrogen in sludge transferred out of the plant and disposed at landfill

                (o)    the tonnes of nitrogen in sludge transferred out of the plant and disposed at a site other than landfill

                (p)    the tonnes of nitrogen in effluent leaving the plant

[105]       Subregulation 4.17 (2), table, item 4, column 2

omit

(UNFCCC Category 6.C)

[106]       After regulation 4.17

insert in Subdivision 4.4.3

4.17A      Report to include amount of uncertainty

                The corporation’s report must include the amount of uncertainty associated with the estimate for scope 1 emissions for the corporation’s group.

[107]       Before subregulation 4.20 (1)

insert

      (1A)   This regulation applies in relation to the operation of a facility of the corporation that consumes energy during a reporting year to the extent of the electricity generated for the facility:

                (a)    if a generating unit for the facility has the capacity to produce 0.5 megawatts or more of electricity and generates more than 100,000 kilowatt hours of electricity in a reporting year — by that unit; or

               (b)    if there is more than 1 generating unit for the facility each of which has the capacity to produce 0.5 megawatts or more of electricity and each of which generates more than 100,000 kilowatt hours of electricity in a reporting year — by each of those units.

[108]       Subregulation 4.20 (1)

omit

If the operation of a facility of the corporation produces energy that is electricity during the reporting year, the

insert

The

[109]       Subparagraph 4.22 (1) (a) (i)

substitute

                          (i)    producing electricity in generating units each of which has the capacity to produce 0.5 megawatts or more of electricity and each of which generates more than 100,000 kilowatt hours of electricity in a reporting year; and

[110]       Paragraph 4.22 (1) (b)

substitute

               (b)    the amount of the energy consumed by a means other than combustion, if that amount:

                          (i)    exceeds the reporting thresholds mentioned in the Measurement Determination for this paragraph; and

                         (ii)    is not reported under paragraph (a) or subregulation (2) or (3); and

[111]       Subregulation 4.22 (2)

omit

If the operation of a facility of the corporation consumes energy

insert

If the energy is consumed

[112]       Subregulation 4.22 (3)

omit

If operation of a facility of the corporation consumes energy in the production of

insert

If the energy is consumed to produce

[113]       Further amendments — Measurement Determination

                The following provisions are amended by omitting ‘Determination’ (wherever occurring) and inserting ‘Measurement Determination’:

        ·     regulation 1.03, definition of efficiency method

        ·     regulation 1.03, definition of energy content factor

        ·     regulation 1.03, definition of facility specific emission factor

        ·     regulation 1.03, definition of gassy mine

        ·     regulation 1.03, definition of non-gassy mine

        ·     regulation 1.03, definition of United Nations Framework Convention on Climate Change or UNFCCC

        ·     paragraph 4.10 (2) (b)

        ·     subregulation 4.10 (2), table, item 1, Method 1, column 3

        ·     subregulation 4.10 (2), table, item 1, Methods 2 and 3, column 3

        ·     subregulation 4.10 (2), table, item 2, Method 1, column 3

        ·     subregulation 4.10 (2), table, item 2, Method 4, column 3

        ·     subregulation 4.10 (2), table, item 4, Method 1, column 3

        ·     subregulation 4.10 (2), table, item 4, Method 4, column 3

        ·     paragraph 4.11 (2) (b)

        ·     subregulation 4.11 (2), table, item 1, Method 1, column 3

        ·     subregulation 4.11 (2), table, item 1, Methods 2 and 3, column 3

        ·     subregulation 4.11 (2), table, item 2, Method 1, column 3

        ·     subregulation 4.11 (2), table, item 2, Method 2, column 3

        ·     subregulation 4.11 (2), table, item 3, Method 1, column 3

        ·     subregulation 4.11 (2), table, item 3, Method 2, column 3

        ·     subregulation 4.11 (2), table, item 4, Method 1, column 3

        ·     subregulation 4.11 (2), table, item 4, Methods 2, 3 and 4, column 3

        ·     subregulation 4.11 (2), table, item 5, Method 1, column 3

        ·     subregulation 4.11 (2), table, item 5, Method 2, column 3

        ·     subregulation 4.11 (2), table, item 6, Method 1, column 3

        ·     subregulation 4.11 (2), table, item 6, Method 2, column 3

        ·     subregulation 4.11 (2), table, item 7, Method 1, column 3

        ·     subregulation 4.11 (2), table, item 7, Method 2, column 3

        ·     subregulation 4.11 (2), table, item 8, Method 1, column 3

        ·     subregulation 4.11 (2), table, item 8, Methods 2 and 3, column 3

        ·     subregulation 4.11 (2), table, item 9, Method 4, column 3

        ·     paragraph 4.13 (2) (a)

        ·     paragraph 4.13 (2) (b)

        ·     subregulation 4.13 (2), table, item 1, Method 1, column 3

        ·     subregulation 4.13 (2), table, item 1, Methods 2 and 4, column 3

        ·     subregulation 4.13 (2), table, item 1, Method 3, column 3

        ·     subregulation 4.13 (2), table, item 2, Method 1, column 3

        ·     subregulation 4.13 (2), table, item 2, Methods 2 and 4, column 3

        ·     subregulation 4.13 (2), table, item 2, Method 3, column 3

        ·     subregulation 4.13 (2), table, item 3, Method 1, column 3

        ·     subregulation 4.13 (2), table, item 3, Method 3, column 3

        ·     subregulation 4.13 (2), table, item 4, Method 1, column 3

        ·     paragraph 4.14 (2) (a)

        ·     paragraph 4.14 (2) (b)

        ·     subregulation 4.14 (2), table, item 1, Method 1, column 3

        ·     subregulation 4.14 (2), table, item 1, Methods 2, 3 and 4, column 3

        ·     subregulation 4.14 (2), table, item 2, Method 1, column 3

        ·     subregulation 4.14 (2), table, item 2, Methods 2, 3 and 4, column 3

        ·     paragraph 4.15 (2) (a)

        ·     paragraph 4.15 (2) (b)

        ·     subregulation 4.15 (2), table, item 2, Methods 2, 3 and 4, column 3

        ·     subregulation 4.15 (2), table, item 4, Methods 2, 3 and 4, column 3

        ·     paragraph 4.16 (1) (b)

        ·     paragraph 4.17 (2) (a)

        ·     paragraph 4.17 (2) (b)

        ·     subregulation 4.17 (2), table, item 1, Method 1, column 3

        ·     subregulation 4.17 (2), table, item 1, Methods 2 and 4, column 3

        ·     subregulation 4.17 (2), table, item 2, Method 1, column 3

        ·     subregulation 4.17 (2), table, item 2, Methods 2 and 4, column 3

        ·     subregulation 4.17 (2), table, item 3, Method 1, column 3

        ·     subregulation 4.17 (2), table, item 3, Methods 2 and 4, column 3

        ·     subregulation 4.17 (2), table, item 4, Method 1, column 3

        ·     paragraph 4.22 (1) (c)

        ·     paragraph 4.22 (1) (d)

        ·     subregulation 4.23 (3)

        ·     subregulation 4.26 (4)

        ·     subregulation 4.27 (2)

        ·     paragraph 4.27 (3) (b)

        ·     subregulation 4.27 (4)

        ·     paragraph 4.27 (5) (d)

        ·     paragraph 4.27 (6) (d)

        ·     paragraph 4.27 (7) (d)

        ·     subregulation 5.02 (2), definition of National Greenhouse Accounts


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.