Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A corporation registered under Division 3 of Part 2 must, in accordance with this section and in respect of each financial year mentioned in subsection (2), provide a report to the Regulator relating to the:
(a) greenhouse gas emissions; and
(b) energy production; and
(c) energy consumption;
from the operation of facilities under the operational control of the corporation and entities that are members of the corporation's group, during that financial year.
Civil penalty: 2,000 penalty units.
Note 1: Under Division 137 of the Criminal Code it may be an offence to provide false or misleading information or documents to the Regulator in purported compliance with this Act.
Note 2: Under section 20 the Regulator may determine that a person other than the registered corporation provide information required by this section.
Note 3: Under section 30 a controlling corporation may be liable for an additional civil penalty for each day on and after the end of the period mentioned in paragraph (6)(d) for which it fails to provide a report in accordance with this section.
Note 3A: Reports under this section and section 22G may be set out in the same document--see subsection 22G(6).
(1A) Subsection (1) does not apply 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.
Note: Paragraph (6)(b) requires that a report under subsection (1) must be based on methods, or methods which meet criteria, determined under subsection 10(3).
(2) A report under subsection (1) is required for:
(a) the corporation's trigger year (within the meaning of subsection 12(1) or (3)); and
(b) any financial year in which the corporation is registered at the end of that year.
(3) If the corporation or a member of its group has operational control over a facility for part of a financial year, the report under subsection (1) in relation to that facility for that year need only relate to the:
(a) greenhouse gas emissions; and
(b) energy production; and
(c) energy consumption; and
from the operation of the facility during the part of that year.
(5A) 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 member of the corporation's group on that day.
(6) A report or part of a report under this section must:
(a) be given in a manner and form approved by the Regulator; and
(b) be based on methods determined by the Minister under subsection 10(3), or methods which meet criteria determined by the Minister under that subsection, where the use of those methods satisfies any conditions specified in the determination under that subsection; and
(c) set out the information specified by the regulations for the purposes of this paragraph; and
(d) be given to the Regulator before the end of 4 months after the end of the financial year.
(7) Regulations made for the purposes of paragraph (6)(c) may specify different requirements for different circumstances.
(8) In particular, and without limiting subsection (7), the regulations may specify different requirements for registered corporations that:
(a) do not meet any threshold; or
(b) do not meet specified thresholds;
for a financial year to which a report relates.
(9) Regulations made for the purposes of paragraph (6)(c) may also specify information that a State or Territory has requested the Regulator to collect.
(10) This section does not apply to a facility that was under
the operational control of a member of the corporation's group during the
whole or a part of a financial year if the member is required to provide a
report under section 22X about the facility in respect of the year.