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NATIONAL GREENHOUSE AND ENERGY REPORTING ACT 2007 - SECT 13

Thresholds

  (1)   A controlling corporation's group meets a threshold for a financial year if in that year:

  (a)   the total amount of greenhouse gases emitted from the operation of facilities under the operational control of entities that are members of the group has a carbon dioxide equivalence of:

  (i)   if the financial year starts on 1   July 2008--125 kilotonnes or more; or

  (ii)   if the financial year starts on 1   July 2009--87.5 kilotonnes or more; or

  (iii)   if the year is a later financial year--50 kilotonnes or more; or

  (b)   the total amount of energy produced from the operation of facilities under the operational control of entities that are members of the group is:

  (i)   if the financial year starts on 1   July 2008--500 terajoules or more; or

  (ii)   if the financial year starts on 1   July 2009--350 terajoules or more; or

  (iii)   if the year is a later financial year--200 terajoules or more; or

  (c)   the total amount of energy consumed from the operation of facilities under the operational control of entities that are members of the group is:

  (i)   if the financial year starts on 1   July 2008--500 terajoules or more; or

  (ii)   if the financial year starts on 1   July 2009--350 terajoules or more; or

  (iii)   if the year is a later financial year--200 terajoules or more; or

  (d)   an entity that is a member of the group has operational control of a facility the operation of which during the year causes:

  (i)   emission of greenhouse gases that have a carbon dioxide equivalence of 25 kilotonnes or more; or

  (ii)   production of energy of 100 terajoules or more; or

  (iii)   consumption of energy of 100 terajoules or more.

  (1A)   Subsection   (1) does not apply in relation to:

  (a)   greenhouse gas emissions; or

  (b)   energy production; or

  (c)   energy consumption;

unless the Minister has, under subsection   10(3), determined:

  (d)   methods by which the amounts of the emissions, production or consumption, as the case may be, are to be measured; or

  (e)   criteria for methods by which the amounts of emissions, production or consumption, as the case may be, are to be measured.

  (2)   If a group entity has operational control of a facility for a number of, but not all, days in a financial year (the control days ), subparagraphs   (1)(d)(i) to (iii) have effect as though each threshold were replaced by the amount worked out using the following formula:

    Start formula Amount of the threshold that would otherwise apply times start fraction Number of control days over Number of days in the year end fraction end formula

Reporting transfer certificate

  (3)   For the purposes of this section, if a person was the holder of a reporting transfer certificate in relation to a facility on a particular day, the facility is taken not to have been under the operational control of a group entity on that day.


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