Commonwealth Numbered Acts

AUSTRALIAN NATIONAL REGISTRY OF EMISSIONS UNITS ACT 2011 (NO. 99, 2011) - SECT 36

             (1)  If:

                     (a)  there is in force a declaration under section 37 that Australia is in compliance with the emissions trading eligibility requirements under the Kyoto rules; and

                     (b)  the Administrator receives an instruction, in accordance with the relevant provisions of the Kyoto rules, for the transfer of a Kyoto unit from a foreign account; and

                     (c)  the Kyoto unit is not specified in the regulations as a unit that cannot be transferred to a Registry account; and

                     (d)  making an entry for the Kyoto unit in the relevant Registry account would not breach regulations made for the purposes of section 39 (Kyoto rules); and

                     (e)  making an entry for the Kyoto unit in the relevant Registry account would not breach regulations made for the purposes of section 44 (Commonwealth Registry accounts);

the Administrator must make an entry for the Kyoto unit in the relevant Registry account.

Note:          For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003 .

             (2)  However, the Administrator may refuse to make an entry for the Kyoto unit in the relevant Registry account if the Administrator has reasonable grounds to suspect that the instruction is fraudulent.