Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If a corporation was the holder of a reporting transfer certificate in relation to a facility during the whole or a part of a financial year, the corporation must, in accordance with this section, 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 the facility during the whole, or the part, as the case may be, of 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 30, a corporation may be liable for an additional civil penalty for each day after the end of the period mentioned in paragraph (2)(d) for which the corporation fails to provide a report in accordance with this section.
(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 (2)(b) requires that a report under this section must be based on methods, or methods which meet criteria, determined under subsection 10(3).
(2) A report under this section must:
(a) be given in a manner and form approved by the Regulator; and
(b) be based on:
(i) methods determined by the Minister under subsection 10(3); or
(ii) 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) include any 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.
(3) Regulations made for the purposes of paragraph (2)(c) may specify different requirements for different circumstances.
(4) In particular, and without limiting subsection (3), the regulations may specify different requirements for corporations who:
(a) do not meet any threshold; or
(b) do not meet specified thresholds;
for a financial year to which a report relates.
(5) Regulations made for the purposes of paragraph (2)(c) may also specify information that a State or Territory has requested the Regulator to collect.
(6) Reports under this section and section 19 may be set out in the same document.
(7) If no regulations are in force for the purposes of paragraph (2)(c) of this section, then, in addition to their effect apart from this subsection, regulations made for the purposes of paragraph 19(6)(c) also have the effect they would have if:
(a) they were made for the purposes of paragraph (2)(c) of this section; and
(b) each reference in those regulations to a facility of the corporation were read as a reference to the facility to which the reporting transfer certificate relates; and
(c) each reference in those regulations to a facility under the operational control of the corporation were read as a reference to the facility to which the reporting transfer certificate relates; and
(d) those regulations were otherwise appropriately modified.