Australian Capital Territory Repealed Acts

This legislation has been repealed.

ELECTRICITY (GREENHOUSE GAS EMISSIONS) ACT 2004 (REPEALED) - SECT 51

    (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 the 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)     A regulation 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).