National Greenhouse and Energy Reporting (Safeguard Mechanism) Amendment Rule (No. 2) 2019

I, Angus Taylor, Minister for Energy and Emissions Reduction, make the following legislative instrument.

Dated 18/9/2019  

Angus Taylor

Minister for Energy and Emissions Reduction

Contents

1  Name ...................................................

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

3  Authority.................................................

4  Schedules.................................................

Schedule 1—Amendments 

1  Name

  This instrument is the National Greenhouse and Energy Reporting (Safeguard Mechanism) Amendment Rule (No. 2) 2019.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under subsection 22XS(1) of the National Greenhouse and Energy Reporting Act 2007.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

National Greenhouse and Energy Reporting (Safeguard Mechanism) Rule 2015

1  Subsection 22(3)

After “subsection (5)”, insert “or (6)”.

2  At the end of section 22

Add:

 (6) If:

 (a) the requested start date for the calculated-emissions baseline determination is 1 July 2018; and

 (b) a monitoring period for the facility does not finish during, or at the end of, the financial year beginning on 1 July 2018;

  an application may be made no later than 15 April 2020.

3  Subsection 26A(2)

Repeal the subsection, substitute:

 (2) Either:

 (a) no previous calculated-emissions baseline determination has been made in relation to the facility on the basis of the transitional calculated baseline criteria; or

 (b) a calculated-emissions baseline determination was made in relation to the facility commencing on 1 July 2018 or 1 July 2019 and the application is for a new calculated-emissions baseline determination to commence on or after 1 July 2019 that uses one or more prescribed production variables not used in the first determination.

4  Subsection 40(3)

After “subsection (5)”, insert “or (5A)”.

5  After subsection 40(5)

Add:

 (5A) If:

 (a) the requested start date for the production-adjusted baseline determination is 1 July 2018; and

 (b) a monitoring period for the facility does not finish during, or at the end of, the financial year beginning on 1 July 2018;

  an application may be made no later than 15 April 2020.