Commonwealth Consolidated Acts

NATIONAL GREENHOUSE AND ENERGY REPORTING ACT 2007 - SECT 22XNF

Scope

  (1)   This section applies if:

  (a)   one or more safeguard mechanism credit units were issued to a person on a particular occasion; and

  (b)   the person has been convicted of an offence against:

  (i)   section   134.1 of the Criminal Code ; or

  (ii)   section   134.2 of the Criminal Code ; or

  (iii)   section   135.1 of the Criminal Code ; or

  (iv)   section   135.2 of the Criminal Code ; or

  (v)   section   135.4 of the Criminal Code ; or

  (vi)   section   136.1 of the Criminal Code ; or

  (vii)   section   137.1 of the Criminal Code ; or

  (viii)   section   137.2 of the Criminal Code ; and

  (c)   an appropriate court is satisfied that the issue of any or all of the units was directly or indirectly attributable to the commission of the offence.

Note:   For appropriate court , see subsection   (7).

Relinquishment

  (2)   The court may, on application made by the Director of Public Prosecutions or the Regulator, order the person:

  (a)   to relinquish a specified number of relinquishable units not exceeding the number of safeguard mechanism credit units issued as mentioned in paragraph   (1)(a); and

  (b)   to do so by a specified time.

Compliance

  (3)   The person must comply with an order under subsection   (2).

Note:   An administrative penalty is payable under section   22XNI for non - compliance with a relinquishment requirement.

  (4)   The person does not comply with an order under subsection   (2) unless the notice of relinquishment under section   22XNH specifies the order.

  (5)   To avoid doubt, the person is required to comply with an order under subsection   (2) even if:

  (a)   the person is not the registered holder of any relinquishable units; or

  (b)   the person is not the registered holder of the number of relinquishable units required to be relinquished.

Copy of order

  (6)   A copy of an order under subsection   (2) is to be given to the Regulator.

Appropriate court

  (7)   For the purposes of this section, each of the following is an appropriate court :

  (a)   the court that convicted the person of the offence;

  (b)   the Federal Court of Australia;

  (c)   the Supreme Court of a State or Territory.

Spent convictions

  (8)   Nothing in this section affects the operation of Part   VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).