Australian Capital Territory Repealed Acts

This legislation has been repealed.

ELECTRICITY (GREENHOUSE GAS EMISSIONS) ACT 2004 (REPEALED) - SECT 18

    (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 by regulation for this definition.