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ELECTRICITY SUPPLY ACT 1995 - SECT 97CA
Greenhouse penalties
97CA Greenhouse penalties
(1) A benchmark participant who fails to comply with the participant's
greenhouse gas benchmark for reduction of greenhouse gas emissions for a
compliance period is liable to pay the greenhouse penalty in respect of the
excess emissions.
(2) The amount of the greenhouse penalty per tonne of
carbon dioxide equivalent of greenhouse shortfall determined under this Part
is the following amount, as adjusted in accordance with any regulations made
under subsection (3)-- (a) for the compliance period concerned before the
compliance period commencing 1 January 2010--$11.50,
(b) for the compliance
period commencing 1 January 2010--$12.50,
(c) for the compliance period
commencing 1 January 2011--$13.50,
(d) for the compliance period commencing 1
January 2012--$14.50,
(e) for the compliance period commencing 1 January 2013
and each subsequent compliance period--$15.50.
(3) The regulations may
provide for the adjustment of the amount of greenhouse penalty in accordance
with movements in the consumer price index.
(4) A greenhouse penalty payable
for a compliance period (other than the final compliance period) by a
benchmark participant is payable on 1 March in the following year or on any
later date determined by the Tribunal for a benchmark participant.
(4A) A
greenhouse penalty payable for the final compliance period by a benchmark
participant is payable within 3 months after the termination day or on any
later day determined by the Tribunal for a benchmark participant.
(5) A
greenhouse penalty imposed under this Part may be recovered in any court of
competent jurisdiction as a debt due to the Crown.
(6) It is the wish of the
Parliament that any greenhouse penalties payable to the Crown under this Part
be used for the promotion of greenhouse gas reduction activities and programs
nominated from time to time by the Minister.
(7) In this section--
"consumer price index" means the Consumer Price Index (All Groups Index) for
Sydney issued by the Australian Statistician.
Note : Section 97BE sets out
when a greenhouse penalty is payable for a greenhouse shortfall that is
carried forward.
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