This legislation has been repealed.
(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 by regulation adjusted in accordance with the regulations (if any) made for subsection (3).
(3) A regulation 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 or the ACAT (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 Canberra 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.