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This is a Bill, not an Act. For current law, see the Acts databases.
ELECTRICITY (GREENHOUSE GAS EMISSIONS ) BILL 2004
2004
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Treasurer)
Electricity
(Greenhouse Gas Emissions) Bill 2004
Contents
Page
2004
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Treasurer)
Electricity
(Greenhouse Gas Emissions) Bill 2004
A Bill for
An Act to establish greenhouse gas benchmarks for the electricity industry
and to encourage activities relating to the reduction of greenhouse gas
emissions, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Electricity (Greenhouse Gas Emissions ) Act
2004.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
(1) The objects of this Act are—
(a) to reduce greenhouse gas emissions associated with the production and
use of electricity; and
(b) to encourage participation in activities to offset the production of
greenhouse gas emissions.
(2) For these objects, this Act—
(a) establishes Territory greenhouse gas benchmarks and individual
greenhouse gas benchmarks for the reduction of greenhouse gas emissions that are
to be met by retail suppliers, market customers and certain other people who
supply or consume electricity; and
(b) provides for greenhouse gas benchmarks to be complied with by
acquiring certificates relating to the carrying out of activities that promote
the reduction of greenhouse gas emissions; and
(c) provides an economic incentive to undertake activities resulting in
the reduction of greenhouse gas emissions by imposing a penalty on greenhouse
gas emissions above the benchmark.
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms
used in this Act, and includes references (signpost definitions)
to other terms defined elsewhere.
For example, the signpost definition ‘national
electricity code—see the Independent Competition and Regulatory
Commission Act 1997, section 3 (1).’ means that the term
‘national electricity code’ is defined in that subsection and the
definition applies to this Act.
Note 2 A definition in the dictionary (including a signpost
definition) applies to the entire Act unless the definition, or another
provision of the Act, provides otherwise or the contrary intention otherwise
appears (see Legislation Act, s 155 and s 156 (1)).
A note included in this Act is explanatory and is not part of this
Act.
Note See Legislation Act, s 127 (1), (4) and (5) for the legal
status of notes.
6 Offences
against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code,
pt 2.1).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used for
offences to which the Code applies (eg conduct,
intention, recklessness and strict
liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that
are expressed in penalty units.
Part
2 Greenhouse gas
benchmarks
7 Territory
greenhouse gas benchmarks
(1) The Territory greenhouse gas benchmarks are as follows:
(a) for the year 2005—7.96 tonnes of carbon dioxide equivalent of
greenhouse gas emissions per head of ACT population;
(b) for the year 2006—7.62 tonnes of carbon dioxide equivalent of
greenhouse gas emissions per head of ACT population;
(c) for each of the years 2007 to 2012—7.27 tonnes of carbon dioxide
equivalent of greenhouse gas emissions per head of ACT population.
(2) The Territory greenhouse gas benchmarks are to be the basis for
working out the greenhouse gas benchmark for each benchmark
participant.
8 Greenhouse
gas benchmarks to apply to benchmark participants
(1) A greenhouse gas benchmark for the reduction of greenhouse gas
emissions applies, in accordance with this Act, to each benchmark
participant.
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including regulations (see
Legislation Act, s 104).
(2) The greenhouse gas benchmark for a benchmark participant is to be
worked out in accordance with this Act.
Note Failure to comply with a greenhouse gas benchmark will result
in a greenhouse penalty being payable (see pt 3).
(1) For this Act, the following people are benchmark
participants:
(a) a retail supplier;
(b) a market customer (other than a retail supplier), but only in relation
to an electricity load that the market customer has classified as a market load
and that is electricity supplied for use in the ACT;
(c) a large customer who has made an election, that is in force, to be
subject to a greenhouse gas benchmark.
(2) The regulations may make provision in relation to the following:
(a) the making of elections to be subject to greenhouse gas
benchmarks;
(b) the circumstances in which an election takes effect or ceases to be in
force;
(c) the greenhouse penalty payable by a customer or person whose election
ceases to be in force;
(d) the circumstances in which a person is taken to be a large customer or
a large customer who uses electricity at more than 1 site.
10 Principles
for working out greenhouse gas benchmarks for benchmark
participants
The greenhouse gas benchmark for a benchmark participant for a year is to
be worked out by—
(a) multiplying the ACT population for the year by the Territory
greenhouse gas benchmark for the year to work out the electricity sector
benchmark; and
(b) working out the proportion of the total electricity demand in the ACT
(as determined by the regulator) that is applicable to the participant for the
year; and
(c) applying that proportion to the electricity sector benchmark for the
year to work out the number of tonnes of carbon dioxide equivalent of greenhouse
gas emissions that make up the benchmark for that participant.
Note The rules set out how the matters mentioned in this section are
to be worked out.
11 Principles
for working out compliance with greenhouse gas benchmarks
(1) A benchmark participant’s compliance with the
participant’s greenhouse gas benchmark for a year is worked out by
subtracting the participant’s greenhouse gas benchmark from the number of
tonnes of carbon dioxide equivalent of greenhouse gas emissions in the year for
which the participant is responsible.
(2) The number of tonnes of carbon dioxide equivalent of greenhouse gas
emissions in a year for which a benchmark participant is responsible is worked
out by—
(a) multiplying the total number of megawatt hours of electricity supplied
or purchased by the participant in the year by the ACT pool coefficient for
greenhouse gas emissions arising out of that electricity for the year;
and
(b) subtracting from that number the number of tonnes of carbon dioxide
equivalent of greenhouse gas emissions abated by the participant in the
year.
Note The method set out in the rules for working out electricity
supplied or purchased by a benchmark participant may take into account
electricity lost from transmission or distribution (see
s 61 (1) (c)).
(3) The number of tonnes of carbon dioxide equivalent of greenhouse gas
emissions abated by a benchmark participant in a year is the total number of
tonnes attributable to any abatement certificates surrendered by the participant
for the year and any renewable energy certificates of the participant counted
for the year.
(4) If the result obtained under subsection (1) is more than zero (a
greenhouse shortfall), the benchmark participant has failed to
comply with the participant’s greenhouse gas benchmark.
(5) If the result obtained under subsection (1) is zero or less than zero,
the benchmark participant has complied with the participant’s greenhouse
gas benchmark.
(6) In working out the total megawatt hours of electricity supplied by a
retail supplier in each year for subsection (2), electricity supplied by the
supplier to another benchmark participant is not to be taken into
account.
Note The rules set out how the principles in this section are to be
applied.
12 Greenhouse
shortfalls may be carried forward
(1) An amount of tonnes of carbon dioxide equivalent of greenhouse gas
emissions of greenhouse shortfall in a year (other than the year 2007) may,
subject to the rules, be carried forward to the next year.
(2) If an amount of greenhouse shortfall is carried forward, the amount of
the shortfall is, to the extent to which it is not abated by the benchmark
participant, subject to the greenhouse penalty at the end of the next year and
the penalty is not payable for the shortfall amount at the end of the year from
which it was carried forward.
(3) The penalty is payable at the same time as any greenhouse penalty for
the next year is payable (or would be payable, if owed).
(4) A greenhouse shortfall that is carried forward may be abated at the
end of the next year by surrendering abatement certificates or counting
renewable energy certificates.
(5) For that purpose, the greenhouse shortfall after abatement is worked
out by subtracting from the amount of the shortfall the total number of tonnes
of carbon dioxide equivalent of greenhouse gas emissions attributable to any
certificates surrendered or counted to abate the greenhouse shortfall.
(6) The amount of greenhouse shortfall carried forward in relation to a
year may not exceed 10% of the benchmark participant’s greenhouse gas
benchmark for the year.
(7) An amount of greenhouse shortfall may be carried forward whether or
not a shortfall was carried forward in the previous year.
13 Factors
to be determined and notified before beginning of each year
(1) The regulator must, in writing, determine the following matters for
each year:
(a) the ACT pool coefficient for greenhouse gas emissions;
(b) the ACT electricity demand;
(c) the ACT population;
(d) the electricity sector benchmark.
(2) A determination is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
(3) A determination is to be made in accordance with the requirements (if
any) of the rules.
(4) A determination for a year must be made before the beginning of the
year (but, if practicable, before the end of November in the previous
year).
(5) The matters determined for a year apply to the working out of
greenhouse gas benchmarks, and the assessment of compliance with the benchmarks,
for the next year.
14 Evidentiary
provisions relating to benchmarks
(1) The regulator may give a certificate stating that, on a date or for a
period stated in the certificate—
(a) a person was or was not a benchmark participant; or
(b) the ACT pool coefficient, ACT electricity demand, ACT population or
electricity sector benchmark was the value or amount stated in the certificate;
or
(c) the greenhouse gas benchmark for a benchmark participant was the
amount stated in the certificate; or
(d) the greenhouse shortfall for a benchmark participant, or an amount of
greenhouse shortfall carried forward by a benchmark participant, was the amount
stated in the certificate; or
(e) the greenhouse penalty payable by a benchmark participant was the
amount stated in the certificate.
(2) The certificate is admissible in a proceeding before any court or
tribunal and is evidence of the facts stated in it.
Part
3 Enforcement of greenhouse gas
benchmarks
15 Licence
conditions applying to retail suppliers
(1) It is a condition of each retail supplier’s licence that the
retail supplier comply with—
(a) its greenhouse gas benchmark; and
(b) this Act.
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including regulations (see
Legislation Act, s 104).
(2) This section does not limit the Minister’s power to give
directions under the Utilities Act, section 19 about licence conditions applying
to a retail supplier, including conditions (not inconsistent with this Act)
about—
(a) greenhouse gas emissions; or
(b) giving information to the regulator or scheme administrator about
matters related to this Act.
(3) Action may not be taken against the licence of a retail supplier under
the Utilities Act, section 42 (Revocation) or section 47 (Contravention of
licence condition) in relation to a greenhouse shortfall for which a greenhouse
penalty is payable under this Act.
(1) A benchmark participant who fails to comply with the
participant’s greenhouse gas benchmark for reduction of greenhouse gas
emissions for a year is liable to pay a greenhouse penalty to the
Territory.
(2) The greenhouse penalty is the amount prescribed under the regulations
adjusted in accordance with the regulations (if any) made for
subsection (3).
(3) The regulations may provide for the adjustment of the greenhouse
penalty in accordance with movements in the CPI.
(4) A greenhouse penalty payable for a year by a benchmark participant is
payable to the Territory by 1 March in the following year or, if the regulator
decides a later date, that date.
Note An amount owing under a law may be recovered as a debt in a
court of competent jurisdiction (see Legislation Act, s 177).
(5) Any greenhouse penalties payable under this Act are to be used for
greenhouse gas reduction activities or programs nominated by the
Minister.
(6) In this section:
CPI means the All Groups Consumer Price Index (All Groups
Index) for Sydney issued by the Australian Statistician.
Note For when a greenhouse gas penalty is payable for a greenhouse
shortfall that is carried forward, see s 12.
17 Annual
greenhouse gas benchmark statements
(1) A benchmark participant must give a greenhouse gas benchmark statement
to the regulator by 1 March in each year or, if the regulator allows a later
date, that date.
(2) A greenhouse gas benchmark statement must contain—
(a) an assessment of the benchmark participant’s greenhouse gas
benchmark for the previous year; and
(b) an assessment of the participant’s liability (if any) for the
greenhouse penalty for the previous year; and
(c) an assessment of the participant’s liability (if any) for a
greenhouse penalty payable in relation to a greenhouse shortfall carried forward
from the year before the previous year; and
(d) anything else required by the regulator.
Note If a form is approved under s 65 for a
greenhouse gas benchmark statement, the form must be used.
(3) A greenhouse gas benchmark statement for a year must be accompanied by
details of—
(a) all abatement certificates sought to be surrendered for the year or
sought to be surrendered to abate a greenhouse shortfall carried forward from
the previous year; and
(b) all renewable energy certificates sought to be counted for the year or
sought to be counted to abate a greenhouse shortfall carried forward from the
previous year.
(4) A benchmark participant commits an offence if the benchmark
participant fails to give a greenhouse gas benchmark statement in accordance
with this section.
Maximum penalty: 50 penalty units.
(5) An offence against this section is a strict liability
offence.
18 Restrictions
on surrender of abatement certificates
(1) An abatement certificate cannot be surrendered by a benchmark
participant unless—
(a) the certificate is registered under this Act or a corresponding law
and the registration is in force; and
(b) the certificate was created in relation to an activity that took place
before the end of the year to which the benchmark participant’s latest
greenhouse gas benchmark statement relates; and
(c) the participant is recorded in the register of abatement certificates
under this Act or a corresponding law as the owner of the certificate.
(2) The regulator may, by written notice given to a benchmark participant,
refuse to accept the surrender of an abatement certificate by the benchmark
participant if the regulator considers—
(a) the certificate cannot be surrendered under subsection (1);
or
(b) the certificate has been or may be surrendered under a corresponding
law; or
(c) the certificate is not required to be surrendered for compliance with
the participant’s greenhouse gas benchmark or to abate a greenhouse
shortfall.
(3) If the regulator accepts the surrender of an abatement certificate,
and the regulator is not the scheme administrator, the regulator must give the
scheme administrator written notice of the decision, including details of the
abatement certificate surrendered.
(4) In this section:
corresponding law means—
(a) the Electricity Supply Act 1995 (NSW), part 8A (Reduction of
greenhouse gas emissions); or
(b) another law prescribed under the regulations for this
definition.
19 Assessment
of compliance with greenhouse gas benchmarks
(1) The regulations may make provision in relation to the following:
(a) the circumstances in which a renewable energy certificate may or may
not be counted by a benchmark participant towards a greenhouse gas benchmark or
to abate a greenhouse shortfall that has been carried forward;
(b) the number of renewable energy certificates that may be counted for a
year (including for a greenhouse shortfall that was carried forward);
(c) the assessment of the greenhouse shortfall (if any) and of liability
for a greenhouse penalty by a benchmark participant, including self-assessment
and assessment by the regulator;
(d) the date when an assessment is taken to have been made and the date
when an assessment takes effect;
(e) default assessments if a benchmark participant does not give a
greenhouse gas benchmark statement;
(f) amendment of assessments at the request of a benchmark participant or
on the regulator’s own initiative;
(g) revocation of the cancellation of abatement certificates in relation
to amended assessments and the revival of the certificates;
(h) payments resulting from amended assessments;
(i) notice of assessments.
(2) The regulations must include provisions that limit the number of
renewable energy certificates that may be counted towards a greenhouse gas
benchmark by reference to relevant acquisitions that are attributable to sales
of electricity in the ACT.
(3) In this section:
relevant acquisition—see the Renewable Energy
(Electricity) Act 2000 (Cwlth), section 31.
20 Validity
of assessment
An assessment of a liability to pay a greenhouse penalty is not invalid
only because a provision of this Act has not been complied with.
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including regulations (see
Legislation Act, s 104).
21 Waiver
or suspension of obligations in emergencies
(1) The Minister may, by written order, waive, or suspend for a stated
period, the obligation of a benchmark participant to comply with the
participant’s greenhouse gas benchmark.
(2) An order is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
(3) The Minister may make an order only if the Minister is satisfied that
a benchmark participant is, or will be, unable to comply with the benchmark
because of—
(a) a systems or other failure of the register of abatement certificates;
or
(b) an emergency affecting the integrity of the register or the abatement
certificate scheme.
(4) An order may—
(a) be made subject to conditions; and
(b) state the effect of the waiver or suspension on any other rights given
or obligations imposed under this Act.
Part
4 Accreditation of abatement
certificate providers
22 Accreditation
required for creating abatement certificates
(1) A person may create an abatement certificate under this Act only if
the person is an accredited abatement certificate provider.
(2) An accredited abatement certificate provider may create abatement
certificates only in relation to the activities in relation to which the person
is accredited.
23 Eligibility
for accreditation
(1) The regulations and rules may make provision in relation to the
eligibility of a person for accreditation as an abatement certificate
provider.
(2) The regulations and rules may make provision in relation to
eligibility for accreditation in relation to—
(a) the generation of electricity in a way that results in reduced
emissions of greenhouse gases; and
(b) activities that result in reduced consumption of electricity;
and
(c) activities of elective participants, associated with production
processes that use electricity in this Territory, that result in reduced
emissions of greenhouse gases; and
(d) any other activities that promote the reduction of greenhouse gas
emissions.
(3) However, the regulations and rules may make provision in relation to
eligibility for accreditation in relation to carbon sequestration by the
planting of forests or other means, only if—
(a) the activity happens in the ACT; or
(b) the activity happens in another jurisdiction where a mandatory scheme
intended to promote the reduction of greenhouse gas emissions, approved by the
Minister for this subsection, is in operation.
(4) An approval is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
(5) The Minister may approve a scheme for subsection (3) (b) only if
the Minister is satisfied that—
(a) the reduction of greenhouse gas emissions proposed to be achieved by
the scheme is not less than the reduction proposed to be achieved by the scheme
established under this Act; and
(b) the monitoring and enforcement of compliance with the scheme to be
approved is no less stringent than that applying to the scheme established under
this Act.
24 Application
for accreditation
(1) A person who is eligible for accreditation as an abatement certificate
provider in relation to an activity may apply to the scheme administrator for
accreditation as an abatement certificate provider in relation to that
activity.
(2) The scheme administrator must decide the application by—
(a) accrediting the applicant as an abatement certificate provider in
relation to a stated activity or stated activities; or
(b) refusing the application.
(3) The scheme administrator may refuse an application for accreditation
on the grounds prescribed under the regulations.
(4) The regulations may make provision in relation to applications for
accreditation.
Note A fee may be determined under s 64 for this
provision.
25 Duration
of accreditation
(1) Accreditation of a person as an abatement certificate provider remains
in force until suspended or cancelled by the scheme administrator.
(2) The scheme administrator may suspend or cancel a person’s
accreditation only on the grounds prescribed under the regulations.
(3) The cancellation or suspension of a person’s accreditation is
subject to the conditions (if any) the scheme administrator imposes.
(4) The conditions may include (but are not limited to) a condition to
which the accreditation was subject immediately before it was suspended or
cancelled.
(5) The regulations may provide for the variation or revocation of any
conditions imposed by the scheme administrator on the suspension or cancellation
of accreditation as an abatement certificate provider.
26 Conditions
of accreditation
(1) Accreditation as an abatement certificate provider is subject to the
following conditions:
(a) the conditions prescribed under the regulations;
(b) the conditions (if any) imposed by the scheme administrator at the
time of accreditation, or while the accreditation is in force, in accordance
with the regulations.
Examples of conditions that may be imposed
on a person’s accreditation
1 a condition that requires the person not to create an abatement
certificate in relation to the greenhouse gas emissions abated by an activity if
an abatement certificate or renewable energy certificate has already been
created in relation to that abatement or if that abatement has already been used
to comply with another mandatory scheme (whether of the ACT or another
jurisdiction) intended to promote the reduction of greenhouse gas
emissions
2 a condition that requires the person not to create a renewable energy
certificate in relation to the greenhouse gas emissions abated by an activity,
or to use that abatement to comply with another mandatory scheme (whether of the
ACT or another jurisdiction) intended to promote the reduction of greenhouse gas
emissions, if an abatement certificate has already been created in relation to
the abatement
3 a condition that requires the person to provide financial assurances to
secure or guarantee the person’s compliance with this Act
4 a condition that requires the person to take out and maintain a policy of
insurance in relation to the person’s functions as an accredited abatement
certificate provider
5 a condition that requires the person to maintain the greenhouse gas
abatement secured by carbon sequestration activities for 100 years
6 a condition that requires the person to provide information, assistance
and access to the scheme administrator (or people appointed by the scheme
administrator) for monitoring and auditing the person’s compliance with
this Act
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(2) The regulations may provide for the variation or revocation of a
condition of accreditation imposed by the scheme administrator.
27 Contravention
of conditions—offence
A person commits an offence if the person engages in conduct that
contravenes—
(a) a condition of the person’s accreditation as an abatement
certificate provider; or
(b) a condition of the cancellation or suspension of the person’s
accreditation as an abatement certificate provider.
Maximum penalty: 2 000 penalty units.
28 Accreditation
not transferable
Accreditation as an abatement certificate provider is not
transferable.
Part
5 Creation of abatement
certificates
29 Accredited
abatement certificate provider may create certificates
An accredited abatement certificate provider may create abatement
certificates in accordance with this Act and the conditions (if any) of the
person’s accreditation.
Note 1 A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including regulations (see
Legislation Act, s 104).
Note 2 If a form is approved under s 65 for a certificate, the form
must be used.
An abatement certificate represents 1 tonne of carbon dioxide equivalent of
greenhouse gas emissions abated by the activity in relation to which it was
created.
31 Entitlement
to create abatement certificates
(1) The regulations and rules may make provision in relation to the
entitlement of accredited abatement certificate providers to create abatement
certificates in relation to the activities for which they are accredited as
abatement certificate providers.
(2) Without limiting subsection (1), the regulations and rules may provide
for the following:
(a) the number of abatement certificates that may be created in relation
to an activity on the basis of the carbon dioxide equivalent of greenhouse gas
emissions abated or to be abated by the activity;
(b) the establishment of a point or level from which electricity
generating activities give rise to an entitlement to create abatement
certificates under this part.
32 When
certificates may be created
(1) An abatement certificate in relation to an activity may be created by
an accredited abatement certificate provider—
(a) immediately after the activity happens; but
(b) not later than 6 months after the end of the year when the activity
happens.
(2) The regulations or rules may state when an activity is considered to
have happened for subsection (1).
(3) Without limiting subsection (2), the regulations or rules may provide
that an activity resulting in reduced consumption of electricity that gives rise
to an entitlement to create an abatement certificate is taken to have happened
on the day the activity first began.
(4) Accordingly, abatement certificates may be created in relation to the
abatement of greenhouse gas emissions caused or to be caused by the activity
immediately after the activity is first begun.
33 Creation
of certificate must be registered
(1) An abatement certificate is not effective until the creation of the
certificate is registered by the scheme administrator.
(2) An application for registration of the creation of an abatement
certificate may be made to the scheme administrator by an accredited abatement
certificate provider.
(3) The scheme administrator must decide an application for registration
of the creation of an abatement certificate by—
(a) accepting the application and registering the creation of the
certificate in the register of abatement certificates; or
(b) refusing the application.
(4) The scheme administrator registers the creation of a certificate by
creating an entry for the certificate in the register of abatement certificates
and recording the name of the person who created the certificate as the owner of
the certificate.
(5) The scheme administrator may refuse an application for registration of
the creation of an abatement certificate on the grounds prescribed under the
regulations.
(6) The regulations may make provision in relation to applications for
registration of the creation of an abatement certificate.
Note A fee may be determined under s 64 for an
application.
34 Duration
of certificate
(1) An abatement certificate registered by the scheme administrator
remains in force until it is cancelled by the scheme administrator.
(2) The scheme administrator may cancel an abatement certificate
if—
(a) the person registered as the owner of the abatement certificate
surrenders the certificate to the regulator, by indicating in the person’s
greenhouse gas benchmark statement that the person wishes to surrender the
certificate; and
(b) the regulator accepts the surrender of the certificate.
(3) An abatement certificate may also be cancelled by the scheme
administrator under section 35.
(4) The scheme administrator cancels an abatement certificate by changing
the entry relating to the abatement certificate in the register of abatement
certificates to show that the certificate is cancelled.
35 Scheme
administrator may require surrender of certificates
(1) This section applies if a person is found guilty of an offence
against—
(a) section 27 (Contravention of conditions—offence); or
(b) section 37 (Improper creation of
certificates—offence).
(2) The scheme administrator may, by written order given to the person,
require the person to surrender to the scheme administrator, within the period
stated in the order, the number of abatement certificates stated in the
order.
(3) For an order made against a person found guilty of an offence against
section 27, the scheme administrator must decide the number of certificates to
be surrendered in accordance with the regulations.
(4) For an order made against a person found guilty of an offence against
section 37, the scheme administrator must require the surrender of the same
number of certificates as were, in the scheme administrator’s opinion,
created by the person in contravention of that section and registered under this
Act.
(5) The scheme administrator must cancel any abatement certificates
surrendered under this section.
(6) A certificate surrendered under this section must not be counted
toward compliance with a person’s greenhouse gas benchmark or greenhouse
shortfall.
(7) Accordingly, section 11 (Principles for working out compliance with
greenhouse gas benchmarks) and section 12 (Greenhouse shortfalls may be carried
forward) do not apply in relation to certificates surrendered in compliance with
an order under this section.
(8) A person commits an offence if—
(a) an order under this section requires the person to surrender an
abatement certificate; and
(b) the person fails to surrender the abatement certificate in accordance
with the order.
Maximum penalty: the number of penalty units worked out under subsection
(9).
(9) For the penalty in subsection (8), the number of penalty units
is—
1 000 + number of abatement certificates not
surrendered
Example
The maximum penalty for an offence involving a failure to surrender 80
abatement certificates is 1 080 penalty units.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(10) If a person fails to comply with an order, the scheme administrator
may cancel any abatement certificates in relation to which the person is
registered as the owner.
(11) To remove any doubt—
(a) it is not an excuse for an offence against subsection (8) that the
person did not, when the order was made, hold enough abatement certificates to
comply with the order; and
Note A person who does not hold enough
certificates to comply with an order may obtain the required number by
purchasing them.
(b) there is no minimum penalty for an offence against
subsection (8).
(12) A prosecution of a person for an offence against subsection (8) may
be begun only if—
(a) the period within which the person may apply to the administrative
appeals tribunal for review of the decision to impose an order under this
section has ended and no application for review has been made; or
(b) an application by the person for review of the decision has been
finally decided and is unsuccessful.
(13) The regulations may make provision in relation to orders under this
section.
36 Records
to be kept by accredited abatement certificate providers
The regulations may make provision in relation to—
(a) the records to be kept by accredited abatement certificate providers;
and
(b) the information required to be provided to the scheme administrator in
relation to the creation of abatement certificates.
37 Improper
creation of abatement certificates—offence
(1) A person commits an offence if the person creates an abatement
certificate in contravention of this Act or the conditions (if any) of the
person’s accreditation as an abatement certificate provider.
Maximum penalty: the number of penalty units worked out under subsection
(2).
Note 1 A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including regulations (see
Legislation Act, s 104).
Note 2 The Criminal Code provides for certain ancillary offences (eg
attempt) that operate in relation to all Territory laws (see the Code, pt
2.4).
(2) For the penalty in subsection (1), the number of penalty units
is—
100 + number of abatement certificates created
Example
The maximum penalty for an offence involving the creation of 80 abatement
certificates is 180 penalty units.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(3) To remove any doubt—
(a) a person may be found guilty of an offence against subsection (1)
whether or not the abatement certificate created is registered in the register
of abatement certificates; and
(b) there is no minimum penalty for an offence against
subsection (1).
Part
6 Transfers and other dealings in
abatement certificates
38 Kinds
of abatement certificate
(1) Two kinds of abatement certificate may be created—
(a) transferable abatement certificates; and
(b) non-transferable abatement certificates.
(2) The regulations and rules may make provision in relation to the
entitlement of accredited abatement certificate providers to create transferable
or non-transferable abatement certificates.
(3) Subject to the regulations and rules, an elective participant is
entitled to create non-transferable abatement certificates only in relation to
activities of the elective participant that—
(a) are associated with production processes that use electricity in the
ACT; and
(b) give rise to an entitlement to accreditation as an abatement
certificate provider.
39 Transferability
of certificates
(1) A transferable abatement certificate may be transferred to
anyone.
(2) A non-transferable abatement certificate is not transferable, except
under section 40 (6).
40 Application
for registration of transfer
(1) The transfer of an abatement certificate is not effective until the
transfer is registered by the scheme administrator.
(2) An application for registration of a transfer of an abatement
certificate must be made to the scheme administrator by the parties to the
transfer.
(3) The scheme administrator must—
(a) accept the application by registering the transfer in the register of
abatement certificates; or
(b) refuse the application.
(4) The scheme administrator registers the transfer of an abatement
certificate by changing the entry relating to that certificate in the register
of abatement certificates to record the new owner of the certificate.
(5) The scheme administrator may refuse an application for registration of
a transfer of an abatement certificate on the grounds prescribed under the
regulations.
(6) The scheme administrator must refuse an application for registration
of a transfer of a non-transferable abatement certificate
unless—
(a) the scheme administrator is satisfied that the transfer is associated
with the sale of the business, or part of the business, in relation to which the
abatement certificate was created to the person to whom the certificate is to be
transferred; or
(b) the scheme administrator is authorised under the regulations to
register the transfer.
(7) The regulations may make provision in relation to applications for the
registration of transfers of abatement certificates.
Note A fee may be determined under s 64 for this
provision.
41 Other
dealings in certificates
The regulations may make provision in relation to the registration of any
mortgage, assignment, transmission of, or other dealing in, an abatement
certificate.
42 Holder
of certificate may deal with certificate
(1) A person registered as the owner of an abatement certificate may deal
with the certificate as its absolute owner and give a good discharge for any
consideration for a dealing.
(2) However, subsection (1)—
(a) is subject to any rights that—
(i) appear in the register of abatement certificates to belong to someone
else; and
(ii) are registered in accordance with the regulations (if any) made for
section 41; and
(b) only protects a person who deals with the person registered as the
owner of the abatement certificate as an honest purchaser for value and without
notice of any fraud on the part of the registered owner.
(3) Despite subsection (2) (b), a person who purchases an abatement
certificate honestly and for value does not lose the protection provided by
subsection (1) only because the person has notice that someone has been found
guilty of an offence against section 37 (Improper creation of
certificates—offence) in relation to the abatement certificate.
43 Scheme
administrator not concerned with legal effect of
transaction
The scheme administrator is not concerned with the legal effect of any
transaction registered under this Act and the registration of the transaction
does not give the transaction any effect that it would not have apart from this
part.
(1) The scheme administrator must keep—
(a) a register of accredited abatement certificate providers;
and
(b) a register of abatement certificates.
(2) A register may be kept completely or partly in electronic
form.
45 Register
of accredited abatement certificate providers
(1) The register of accredited abatement certificate providers must
contain the following information in relation to each accredited abatement
certificate provider:
(a) the name of the accredited abatement certificate provider;
(b) the kind of certificates the accredited abatement certificate provider
is entitled to create;
(c) any other information required to be included in the register under
this Act.
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including regulations (see
Legislation Act, s 104).
(2) The register of accredited abatement certificate providers may also
contain the information prescribed under the regulations in relation to a person
whose accreditation as an abatement certificate provider is suspended or
cancelled.
(3) Copies of the following information in the register of accredited
abatement certificate providers must be available for public inspection (free of
charge) during ordinary business hours at an address in the ACT nominated, in
writing, by the scheme administrator:
(a) the information mentioned in subsection (1) (a) and (b);
(b) any other information in the register that is required to be available
for public inspection under the regulations.
(4) A nomination is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
46 Register
of abatement certificates
(1) The register of abatement certificates must contain the following
information in relation to each abatement certificate:
(a) the name of the person who created the abatement
certificate;
(b) the name of the current registered owner, and any previous registered
owners, of the abatement certificate;
(c) whether the certificate is a transferable certificate or a
non-transferable certificate;
(d) any other information required to be included in the register under
this Act.
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including regulations (see
Legislation Act, s 104).
(2) Copies of the following information in the register of abatement
certificates must be available for public inspection (free of charge) during
ordinary business hours at an address in the ACT nominated, in writing, by the
scheme administrator:
(a) the information mentioned in subsection (1) (a), (b) and (c);
(b) any other information in the register that is required to be available
for public inspection under the regulations.
(3) A nomination is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
47 Evidentiary
provisions
(1) A register is evidence of anything registered in it.
(2) If a register is kept completely or partly in electronic form, a
document issued by the scheme administrator stating particulars included in the
register, or the part kept in electronic form, is admissible in a proceeding
before any court or tribunal and is evidence of the particulars.
48 Correction
of register
The scheme administrator may correct any error or omission in a
register.
Part
8 The regulator and scheme
administrator
(1) The regulator is—
(a) the ICRC; or
(b) if a person is appointed as the regulator under
subsection (2)—the person appointed.
(2) The Minister may appoint a person as the regulator.
Note 1 For the making of appointments (including acting
appointments), see Legislation Act, pt 19.3.
Note 2 In particular, an appointment may be made by naming a person
or nominating the occupant of a position (see s 207).
Note 3 Certain Ministerial appointments require consultation with an
Assembly committee and are disallowable (see Legislation Act,
div 19.3.3).
50 Functions
of regulator etc
(1) The regulator has the following functions:
(a) to make determinations under section 13;
(b) to assess and determine, in accordance with this Act, the greenhouse
gas benchmark for a benchmark participant and whether or not the benchmark has
been complied with;
Note A reference to an Act includes a
reference to the statutory instruments made or in force under the Act, including
regulations (see Legislation Act, s 104).
(c) to assess and decide, in accordance with this Act, the greenhouse
shortfall and any liability for greenhouse penalty payable by a benchmark
participant;
(d) to conduct audits, or require the conduct of audits, for this
Act;
(e) to monitor, and report to the Minister on, the extent to which retail
suppliers comply, or fail to comply, with conditions imposed under this Act on
licences held by them;
(f) any other functions given to the regulator under this Act..
(2) The Minister must give the regulator any information the Minister has
that is requested by the regulator in relation to compliance by benchmark
participants with this Act.
(3) The regulator may delegate its functions under this Act
to—
(a) a member of staff of the regulator; or
(b) anyone else approved, in writing, by the Minister.
Note For the making of delegations and the exercise of delegated
functions, see Legislation Act, pt 19.4.
(4) An approval is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
(5) The regulator, and anyone acting under the direction of the regulator,
is not liable in a civil proceeding for anything done or omitted to be done
honestly by the regulator in the exercise or purported exercise of a function
under this Act.
(1) The scheme administrator is—
(a) if IPART is declared to be the scheme administrator under subsection
(2)—IPART; or
(b) in any other case—a person appointed as the scheme administrator
under subsection (3).
(2) The Minister may, in writing, declare IPART to be the scheme
administrator only if—
(a) the provision of services by IPART for the exercise of the functions
of the scheme administrator is approved under the NSW Act, section 9
(Arrangements with other entities); and
(b) there is an arrangement between the Territory and IPART for the
provision of those services by IPART to the Territory.
(3) If subsection (1) (a) does not apply, the Minister must appoint a
person as the scheme administrator.
Note 1 For the making of appointments (including acting
appointments), see Legislation Act, pt 19.3.
Note 2 In particular, an appointment may be made by naming a person
or nominating the occupant of a position (see s 207).
Note 3 Certain Ministerial appointments require consultation with an
Assembly committee and are disallowable (see Legislation Act,
div 19.3.3).
(4) In deciding whether to appoint a scheme administrator, the Minister
must consider the following matters:
(a) the efficient costs of any appointment;
(b) the efficiency of administrative arrangements relating to the
abatement certificate scheme;
(c) ability to meet greenhouse objectives;
(d) proposed governance arrangements;
(e) proposed arrangements to manage liabilities associated with exercising
the scheme administrator’s functions.
(5) The Minister may appoint more than 1 person to exercise the functions
of the scheme administrator and may appoint different people to exercise
particular functions of the scheme administrator.
(6) The regulations may make provision in relation to the appointment of a
scheme administrator by the Minister.
(7) In this section:
IPART means the Independent Pricing and Regulatory Tribunal
established under the NSW Act.
NSW Act means the Independent Pricing and Regulatory
Tribunal Act 1992 (NSW).
52 Functions
of scheme administrator etc
(1) The scheme administrator has the following functions:
(a) the functions given to the scheme administrator under this Act
relating to the abatement certificate scheme;
(b) to monitor, and report to the Minister on, the extent to which
accredited abatement certificate providers comply with this Act;
(c) to conduct audits, or require the conduct of audits, for this
Act;
(d) any other functions given to the scheme administrator under this
Act.
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including regulations (see
Legislation Act, s 104).
(2) The Minister must give the scheme administrator any information the
Minister has that is requested by the scheme administrator in relation to
compliance by accredited abatement certificate providers with this
Act.
(3) The scheme administrator may delegate its functions under this Act
to—
(a) a member of staff of the scheme administrator; or
(b) anyone else approved, in writing, by the Minister.
Note For the making of delegations and the exercise of delegated
functions, see Legislation Act, pt 19.4.
(4) An approval is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
(5) The scheme administrator, and anyone acting under the direction of the
scheme administrator, is not liable in a civil proceeding for anything done or
omitted to be done honestly in the exercise or purported exercise of a function
under this Act.
(1) The regulations may make provision in relation to the conduct of
audits by the regulator, the scheme administrator or anyone else for this
Act.
(2) Without limiting subsection (1), the regulations may provide
for—
(a) the matters that may be the subject of an audit; and
(b) the people who may conduct an audit; and
(c) the functions that may be exercised by people who conduct an audit;
and
(d) offences relating to obstructing or hindering people, or refusing or
failing to comply with requirements made by people, who conduct
audits.
(3) A benchmark participant or accredited abatement certificate provider
is liable to pay to the regulator or the scheme administrator the cost (as
certified by the regulator or the scheme administrator) of carrying out the
regulator’s or scheme administrator’s audit functions in relation to
the participant or provider.
(4) A licence or accreditation may include conditions about working out
the cost of carrying out the audit functions.
54 Provision
of information, documents and evidence
(1) For exercising the regulator’s functions under this Act, the
regulator may by written notice given to a benchmark participant, an abatement
certificate provider or anyone else, require the participant, provider or person
to—
(a) give to the regulator, on or before a date stated in the notice, the
information or documents stated in the notice; or
(b) attend at a time, date and place stated in the notice to give evidence
to the regulator.
Note The Legislation Act, s 170 and s 171 deals with the application
of the privilege against selfincrimination and client legal privilege.
(2) For exercising the scheme administrator’s functions under this
Act, the scheme administrator may by written notice given to a benchmark
participant, an abatement certificate provider or anyone else, require the
participant, provider or person to—
(a) give to the scheme administrator, on or before a date stated in the
notice, the information or documents stated in the notice; or
(b) attend at a time, date and place stated in the notice to give evidence
to the scheme administrator.
(3) A person commits an offence if the person—
(a) fails to comply with a notice given to the person under subsection (1)
or (2); or
(b) fails to answer a question that the regulator or scheme administrator
requires the person to answer under a notice given under subsection (1) (b)
or (2) (b).
Maximum penalty: 50 penalty units.
Note For offences in relation to giving false or misleading
information to a person exercising a function under a Territory law etc, see the
Criminal Code, pt 3.4 (False or misleading statements, information and
documents).
(4) An offence against subsection (3) is a strict liability
offence.
(5) If documents are given to the regulator or scheme administrator under
this section, the regulator or scheme administrator—
(a) may take possession of, and make copies of or take extracts from, the
documents; and
(b) may keep possession of the documents for the period necessary to make
the copies or take the extracts; and
(c) during that period must allow them to be inspected at all reasonable
times by anyone who would be entitled to inspect them if they were not in the
possession of the regulator or scheme administrator.
55 Executive
documents and proceedings
(1) This Act does not entitle the regulator or scheme administrator
to—
(a) require a person to give any statement of information or answer any
question that relates to confidential proceedings of the Executive; or
(b) require a person to produce a record of the Executive; or
(c) inspect a record of the Executive.
(2) In this section:
record, of the Executive—see the Territory Records
Act 2002, section 9.
56 Confidential
information
(1) This section applies to information given to the regulator or scheme
administrator (including information in a document given to the regulator or
scheme administrator) in relation to the regulator’s or scheme
administrator’s functions under this Act.
(2) If the information is given on the understanding that it is
confidential and will not be disclosed, the regulator or scheme administrator
must ensure that the information is not disclosed to anyone
except—
(a) with the consent of the person who gave the information; or
(b) to the extent that the regulator or scheme administrator is satisfied
that the information is not confidential in nature; or
(c) if the disclosure is required under law.
(3) The regulator or scheme administrator may give directions prohibiting
or restricting the disclosure of the information if satisfied it is desirable to
do so because of the confidential nature of the information.
(4) A person must not engage in conduct that contravenes a direction given
to the person under subsection (3).
Maximum penalty (subsection (4)): 50 penalty units, imprisonment for 6
months or both.
57 Annual
report by regulator
(1) As soon as possible after 1 March (but before 1 July) in each year,
the regulator must prepare and give the Minister a report on the extent to which
benchmark participants have complied, or failed to comply, with greenhouse gas
benchmarks in the previous calendar year.
(2) Without limiting subsection (1), the report must
contain—
(a) the name of each benchmark participant and the performance of the
participant in relation to the participant’s greenhouse gas benchmark;
and
(b) the total number of abatement certificates surrendered for each kind
of certificate.
(3) The report must also set out the functions delegated by the regulator
under section 50 (3) and the person to whom they were delegated.
(4) The Minister must present the report to the Legislative Assembly as
soon as possible (but within 6 sitting days) after receiving it.
Part
9 Review of
decisions
58 Notice
of decisions that may be reconsidered or reviewed
(1) If the regulator or scheme administrator (the
decision-maker) makes a decision that may be reconsidered or
reviewed under this part, the decision-maker must give written notice of the
decision to each person entitled to apply for review of the decision.
(2) The notice must comply with the requirements of the code of practice
in force under the Administrative Appeals Tribunal Act 1989, section
25B (1).
(3) In particular, the notice must tell the person—
(a) whether the person has the right to apply for reconsideration of the
decision or the right to apply for review of the decision by the administrative
appeals tribunal, and how the application must be made; and
(b) if the person has the right to apply for reconsideration of the
decision—that the person has the right to apply to the administrative
appeals tribunal for review of the decision made on the reconsideration;
and
(c) about the options available under other Territory laws to have the
decision reviewed by a court or the ombudsman.
59 Reconsideration
of certain decisions
(1) This section applies to a decision of the regulator
that—
(a) is mentioned in section 60 (1); and
(b) is made by the ICRC constituted by 1 commissioner (the
original decision maker).
(2) A benchmark participant or former benchmark participant may apply to
the ICRC for reconsideration of the decision.
(3) The application must be made within 28 days after the day the
applicant for reconsideration is told about the decision.
(4) The application must be in writing and must set out the grounds on
which reconsideration of the decision is sought.
(5) The making of the application does not affect the operation of the
decision.
(6) Within 28 days after the day the application is made, the ICRC must
reconsider the decision and confirm, amend or revoke it.
(7) For subsection (6), the ICRC must be constituted by 1 or more
commissioners none of whom is the original decision maker.
(8) If the decision is not amended or revoked within the 28 days, the
decision is taken to have been confirmed by the ICRC.
(1) A benchmark participant or former benchmark participant may apply to
the administrative appeals tribunal for review of—
(a) any of the following decisions of the regulator (other than a decision
made by the ICRC constituted by 1 commissioner):
(i) a determination of the greenhouse gas benchmark for the participant or
former participant for a year;
(ii) a decision to refuse to accept the surrender of an abatement
certificate for compliance with the participant’s or former
participant’s greenhouse gas benchmark or to abate a greenhouse
shortfall;
(iii) a decision to refuse to count a renewable energy certificate for
compliance with the participant’s or former participant’s greenhouse
benchmark or to abate a greenhouse shortfall;
(iv) an assessment of the amount of greenhouse penalty payable by the
participant or former participant for a year; or
(b) a decision of the regulator to confirm, amend or revoke a decision
reconsidered under section 59 (Reconsideration of certain decisions);
or
(c) any other decision of the regulator prescribed under the
regulations.
(2) A person who is or was accredited, or who has applied to be
accredited, under this Act as an abatement certificate provider may apply to the
administrative appeals tribunal for review of any of the following decisions of
the scheme administrator:
(a) a decision to refuse accreditation of the person as an abatement
certificate provider;
(b) a decision to cancel or suspend the person’s accreditation as an
abatement certificate provider;
(c) a decision to refuse registration of the creation of an abatement
certificate;
(d) any other decision prescribed under the regulations.
(3) A person who has applied for registration of a transfer of an
abatement certificate may apply to the administrative appeals tribunal for
review of a decision of the scheme administrator to refuse registration of the
transfer.
(4) A person who is the subject of an order by the scheme administrator
under section 35 (2) requiring the person to surrender abatement
certificates to the scheme administrator may apply to the administrative appeals
tribunal for review of a decision of the scheme administrator to impose the
order.
61 Greenhouse
gas benchmark rules
(1) The Minister may, in writing, approve rules in relation to the
following matters:
(a) the method for calculating the number of tonnes of carbon dioxide
equivalent of greenhouse gas emissions abated or to be abated by an activity,
including activities the subject of renewable energy certificates;
(b) the method for determining the greenhouse gas benchmark for a
benchmark participant;
(c) the method for determining the total number of megawatt hours of
electricity supplied or purchased by a benchmark participant in a year,
including allowances for electricity losses from transmission or distribution to
the point of use and allowances where a participant is responsible for a stated
electricity load;
(d) the method for determining the ACT pool coefficient for greenhouse gas
emissions;
(e) the method for determining the estimated ACT demand for electricity
for a year and the proportion of that demand applicable to a benchmark
participant;
(f) the method for determining the ACT population for a year;
(g) the method for determining whether a benchmark participant has
complied with the participant’s greenhouse gas benchmark in any
year;
(h) anything else for which a greenhouse gas benchmark rule may be made
under this Act;
(i) anything else prescribed under the regulations.
(2) A rule is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
(3) A rule may apply, adopt or incorporate an instrument or provision of
an instrument as in force from time to time.
Note 1 The text of an applied, adopted or incorporated law or
instrument, whether applied as in force from time to time or at a particular
time, is taken to be a notifiable instrument if the operation of the Legislation
Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).
Note 2 A notifiable instrument must be notified under the
Legislation Act.
62 Obligations
under greenhouse gas benchmark rules
A benchmark participant or an accredited abatement certificate provider
must not engage in conduct that contravenes a greenhouse gas benchmark rule.
Maximum penalty: 100 penalty units.
Note Compliance with the rules is also a condition of each retail
supplier’s licence (see s 15 (1)).
63 Criminal
liability of executive officers
(1) An executive officer of a corporation commits an offence
if—
(a) the corporation contravenes a provision of this Act; and
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including regulations (see
Legislation Act, s 104).
(b) the contravention is an offence against this Act (the relevant
offence); and
(c) the officer was reckless about whether the contravention would happen;
and
(d) the officer was in a position to influence the conduct of the
corporation in relation to the contravention; and
(e) the officer failed to take all reasonable steps to prevent the
contravention.
Maximum penalty: The maximum penalty that may be imposed for the
commission of the relevant offence by an individual.
(2) This section applies whether or not the corporation is prosecuted for,
or convicted of, the relevant offence.
(3) In deciding whether the executive officer took (or failed to take) all
reasonable steps to prevent the contravention, a court must have regard to the
following:
(a) any action the officer took directed towards ensuring the following
(to the extent that the action is relevant to the act or omission):
(i) that the corporation arranges regular professional assessments of the
corporation’s compliance with the contravened provision;
(ii) that the corporation implements any appropriate recommendation
arising from such an assessment;
(iii) that the corporation’s employees, agents and contractors have
a reasonable knowledge and understanding of the requirement to comply with the
contravened provision;
(b) any action the officer took when the officer became aware that the
contravention was, or might be, about to happen.
(4) Subsection (3) does not limit the matters to which the court may have
regard.
(5) This section does not apply if the corporation would have a defence to
a prosecution for the relevant offence.
(6) In this section:
executive officer, of a corporation, means a person, by
whatever name called and whether or not the person is a director of the
corporation, who is concerned with, or takes part in, the corporation’s
management.
(1) The Minister may, in writing, determine fees for this Act.
Note The Legislation Act contains provisions about the making of
determinations and regulations relating to fees (see pt 6.3)
(2) A determination is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
(1) The Minister may, in writing, approve forms for this Act.
Note For other provisions about forms, see Legislation Act, s
255.
(2) If the Minister approves a form for a particular purpose, the approved
form must be used for that purpose.
(3) An approved form is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
66 Regulation-making
power
(1) The Executive may make regulations for this Act.
Note Regulations must be notified, and presented to the Legislative
Assembly, under the Legislation Act.
(2) The regulations may prescribe offences for contraventions of the
regulations and prescribe maximum penalties of not more than 20 penalty
units for offences against the regulations.
(see s 4)
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1 defines the
following terms:
• function
• under
• year.
abatement certificate—
(a) means an abatement certificate created under part 5; and
(b) in part 2 and part 3 includes an abatement certificate created under a
corresponding law under section 18 (4).
accredited abatement certificate provider means a person
accredited as an abatement certificate provider under part 4 and whose
accreditation is in force.
ACT pool coefficient means the average greenhouse gas
emissions intensity of electricity sent out to customers in the ACT, expressed
in tonnes of carbon dioxide equivalent per megawatt hour, as determined by the
regulator under this Act.
ACT population for a year means the population of the ACT for
the year, as determined by the regulator under this Act.
benchmark participant—see section 9.
carbon dioxide equivalent, of greenhouse gas emissions, means
the mass of carbon dioxide measured in tonnes that has the same global warming
potential as the gas emissions.
elective participant means a benchmark participant mentioned
in section 9 (1) (c).
electricity sector benchmark, for a year, means the
electricity sector benchmark determined under section 13 (1) (d) for
the year.
engage in conduct means—
(a) do an act; or
(b) omit to do an act.
greenhouse gas means carbon dioxide, methane, nitrous oxide,
sulphur hexafluoride, a perfluorocarbon gas or any other gas prescribed under
the regulations for this definition.
greenhouse gas benchmark, for a benchmark participant for a
year, means the benchmark for the year, in tonnes of carbon dioxide equivalent
of greenhouse gas emissions, determined for the participant under this
Act.
greenhouse gas benchmark rules means the rules in force under
section 61.
greenhouse penalty means a penalty payable under section
16.
greenhouse shortfall—see section 11 (4).
ICRC means the Independent Competition and Regulatory
Commission established under the Independent Competition and Regulatory
Commission Act 1997.
large customer means a customer (other than a retail
supplier) who uses—
(a) 100 gigawatt hours or more of electricity at a single site in the ACT
in a year; or
(b) 100 gigawatt hours or more of electricity at 2 or more sites in the
ACT in a year, at least 1 of which uses 50 gigawatt hours or more of electricity
in the year.
licence means a licence under the Utilities Act.
market customer means a customer that—
(a) has classified any of its electricity loads as a market load under the
national electricity code; and
(b) is registered with NEMMCO as a market customer under the national
electricity code.
national electricity code—see the Independent
Competition and Regulatory Commission Act 1997, section 3 (1).
NEMMCO means the National Electricity Market Management
Company Limited ACN 072 010 327.
register means a register kept under part 7.
register of abatement certificates means the register
mentioned in section 46.
register of accredited abatement certificate providers means
the register mentioned in section 45.
regulator means the regulator under section 49.
renewable energy certificate means a certificate created
under the Renewable Energy (Electricity) Act 2000 (Cwlth).
retail supplier means a person who holds a licence to provide
a utility service mentioned in the Utilities Act, section 6 (c)
(Electricity services).
rules means the greenhouse gas benchmark rules.
scheme administrator means the scheme administrator under
section 51.
Territory greenhouse gas benchmark—see section
7.
Utilities Act means the Utilities Act 2000.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2004.
2 Notification
Notified under the Legislation Act on 2004.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2004
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