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Monday, 27 February 2006
Page: 1
Senator IAN CAMPBELL (Western Australia —Minister for the Environment and Heritage) [1:30 PM] —by leave—I move government amendments (1) to (32) on sheet QF234:

(1)    Clause 8, page 4 (lines 19 to 23), omit subclauses (1) and (2), substitute:

         (1)    A controlling corporation’s group consists of the following entities:

              (a)    the controlling corporation;

              (b)    the controlling corporation’s subsidiaries covered by subsections (3) and (4) (if any);

              (c)    the joint ventures covered by subsection (5) (if any);

              (d)    the partnerships covered by subsection (6) (if any).

         (2)    The members of the group are the entities mentioned in subsection (1).

(2)    Clause 8, page 5 (after line 10), at the end of the clause, add:

         (5)    A joint venture is covered by this subsection if a member of the group (other than a joint venture or partnership) is a participant in the joint venture and the participants in the joint venture have either:

              (a)    nominated that member as the responsible entity for the joint venture in accordance with regulations made for the purposes of subsection (7); or

              (b)    not nominated an entity as the responsible entity for the joint venture in accordance with those regulations.

         (6)    A partnership is covered by this subsection if a member of the group (other than a joint venture or partnership) is a partner in the partnership and the partners in the partnership have either:

              (a)    nominated that member as the responsible entity for the partnership in accordance with regulations made for the purposes of subsection (7); or

              (b)    not nominated an entity as the responsible entity for the partnership in accordance with those regulations.

         (7)    The regulations may establish rules under which:

              (a)    participants in a joint venture may make, and revoke, nominations for the purposes of subsection (5); and

              (b)    partners in a partnership may make, and revoke, nominations for the purposes of subsection (6).

(3)    Clause 9, page 6 (line 8), omit “Note”, substitute “Note 1”.

(4)    Clause 9, page 6 (after line 9), at the end of subclause (1), add:

Note 2:  Section 70 of the Crimes Act 1914 creates an offence where Commonwealth officers (including persons performing services for or on behalf of the Commonwealth) disclose information in breach of a duty of confidentiality.

(5)    Clause 9, pages 6 (lines 19 to 22) omit subclause (5), substitute:

         (5)    The application must:

              (a)    identify the controlling corporation; and

              (b)    contain any other information required by the regulations; and

              (c)    be in the form (if any) specified in the regulations.

      (5A)    Regulations made for the purposes of paragraph (5)(b) may only require the following information:

              (a)    information that is reasonably necessary for assessing applications made under this section;

              (b)    information that would be required by subsection 12(4) to be entered on the Register if the controlling corporation were registered under Part 4.

(6)    Clause 10, page 6 (line 26) to page 7 (line 15), omit subclauses (1) and (2), substitute:

         (1)    A controlling corporation’s group meets the energy use threshold for a financial year if in that year the total energy used by the entities that are members of the group is more than 0.5 petajoules.

(7)    Clause 10, page 7 (lines 30 to 34), omit subclause (6).

(8)    Clause 11, page 8 (after line 11), at the end of subclause (2), add:

Note:   Section 70 of the Crimes Act 1914 creates an offence where Commonwealth officers (including persons performing services for or on behalf of the Commonwealth) disclose information in breach of a duty of confidentiality.

(9)    Clause 11, page 8 (lines 14 to 17), omit subclause (4), substitute:

         (4)    The application must:

              (a)    contain information required by the regulations; and

              (b)    be in the form (if any) specified in the regulations.

      (4A)    Regulations made for the purposes of paragraph (4)(a) may only require information that is reasonably necessary for assessing applications made under this section.

(10)  Clause 12, page 9 (before line 5), before subclause (1), insert:

      (1A)    The object of this section is to encourage compliance with this Act by providing for a register containing information about corporations registered under this Part and their compliance with this Act.

(11)  Clause 12, page 9 (line 9), after “contents of”, insert “part or all of”.

(12)  Clause 12, page 9 (after line 15), after subclause (4), insert:

      (4A)    Regulations made for the purposes of paragraph (4)(b) may only require information that is reasonably necessary to further the object of this section.

(13)  Clause 14, page 9 (after line 26), at the end of subclause (1), add:

Note:   Section 70 of the Crimes Act 1914 creates an offence where Commonwealth officers (including persons performing services for or on behalf of the Commonwealth) disclose information in breach of a duty of confidentiality.

(14)  Clause 14, page 9 (line 27) to page 10 (line 2), omit subclause (2), substitute:

         (2)    The application must:

              (a)    contain information required by the regulations; and

              (b)    be in the form (if any) specified in the regulations.

      (2A)    Regulations made for the purposes of paragraph (2)(a) may only require information that is reasonably necessary for assessing applications made under this section.

(15)  Clause 15, page 11 (lines 8 and 9), omit the note, substitute:

Note:   Section 70 of the Crimes Act 1914 creates an offence where Commonwealth officers (including persons performing services for or on behalf of the Commonwealth) disclose information in breach of a duty of confidentiality.

(16)  Clause 18, page 13 (lines 28 and 29), omit subclause (7), substitute:

         (7)    The assessment plan must set out the manner in which the controlling corporation intends to comply with subsection 22(1).

      (7A)    Without limiting the scope of subsection (7), the assessment plan must set out:

              (a)    whether the controlling corporation intends to rely on section 22A in order to comply with its obligations under subsection 22(1); and

              (b)    if the controlling corporation intends to rely on section 22A in that way—the other members of the group that are intended to prepare a report in accordance with section 22A; and

              (c)    whether the controlling corporation intends to rely on section 22B in order to comply with its obligations under subsection 22(1); and

              (d)    if the controlling corporation intends to rely on section 22B in that way—the corporation that is intended to prepare a report in accordance with section 22B.

(17)  Clause 18, page 13 (line 30) to page 14 (line 7), omit subclause (8), substitute:

         (8)    The regulations may:

              (a)    set out requirements for a proposal in relation to the following:

                    (i)    the types of actions mentioned in subsection (4);

                   (ii)    the deadlines for doing those actions;

                  (iii)    matters that must be set out for the purposes of subsections (7) and (7A); and

              (b)    require particular information to be set out in the assessment plan.

         (9)    Regulations made for the purposes of paragraph (8)(b) may only require information that:

              (a)    is reasonably necessary to assess the extent to which this Act achieves its objects; or

              (b)    is reasonably necessary for the administration of this Act.

(18)  Clause 19, page 14 (after line 11), at the end of subclause (1), add:

Note:   Section 70 of the Crimes Act 1914 creates an offence where Commonwealth officers (including persons performing services for or on behalf of the Commonwealth) disclose information in breach of a duty of confidentiality.

(19)  Clause 20, page 15 (before line 7), before subclause (1), insert:

      (1A)    The object of this section is to require registered corporations to undertake assessments of a kind mentioned in paragraph 3(2)(a).

(20)  Clause 20, page 15 (lines 7 to 11), omit subclauses (1) and (2), substitute:

         (1)    A registered corporation must ensure the carrying out of the proposal in its approved assessment plan for assessing the opportunities for improving the energy efficiency of its group.

         (2)    A registered corporation must ensure the carrying out of that proposal in accordance with requirements (if any) set out in the regulations.

(21)  Clause 20, page 15 (lines 19 and 20), omit paragraph (3)(d), substitute:

              (d)    any other matter reasonably necessary to further the object of this section.

(22)  Clause 22, page 16 (before line 12), before subclause (1), insert:

      (1A)    The object of this section is to create public reporting requirements of a kind mentioned in paragraph 3(2)(b).

(23)  Clause 22, page 16 (after line 27), after subclause (3), insert:

      (3A)    Regulations made for the purposes of paragraph (3)(d) may only require information that is reasonably necessary to further the object of this section.

(24)  Clause 22, page 16 (lines 30 and 31), omit paragraph (4)(b), substitute:

              (b)    be signed by a person who is the chair of the board of directors, the chief executive officer, the managing director, or an equivalent officer, of the registered corporation; and

              (c)    include a statement by that person that the board of directors of the registered corporation has reviewed and noted the report.

(25)  Clause 22, page 17 (after line 3), at the end of the clause, add:

         (6)    Despite subsection (5), the report need not be made available to the public at a time if, within the period of 12 months ending at that time, the registered corporation had made another report under this section available to the public.

(26)  Page 17 (after line 3), after clause 22, insert:

22A Public reporting—decentralised reporting

         (1)    The registered corporation is taken to comply with subsection 22(1) in relation to a period mentioned in subsection 22(2) if:

              (a)    the registered corporation’s approved assessment plan sets out, in accordance with paragraph 18(7A)(a), its intention to rely on this section in order to comply with its obligations under subsection 22(1); and

              (b)    the registered corporation prepares a report that describes the way in which only part of the proposal mentioned in paragraph 22(3)(a) was carried out during the period; and

              (c)    one or more other members of the group prepared a report or reports describing the way in which the remaining part or parts of the proposal were carried out during the period; and

              (d)    each report mentioned in paragraph (b) and (c):

                    (i)    meets the requirements in subsection 22(3) for the part or parts of the proposal to which the report relates; and

                   (ii)    meets the requirements in subsection 22(4); and

                  (iii)    has been made available to the public in accordance with subsection 22(5).

         (2)    For the purposes of applying subsection (1) in relation to a report prepared by a member of the group other than the registered corporation:

              (a)    treat references in subsections 22(3) and (4) to the corporation, or the registered corporation, as references to the member of the group that prepared the report; and

              (b)    treat references in subsection 22(3) to the proposal in the approved assessment plan of the registered corporation as references to the part or parts of that proposal to which the report relates.

(27)  Page 17 (after line 3), after clause 22, insert:

22B Public reporting—reporting by manager of joint venture

         (1)    Subsection (2) applies if:

              (a)    a joint venture is a member of the registered corporation’s group; and

              (b)    the participants in the joint venture have nominated a member of the group (the responsible entity) as the responsible entity for the joint venture for the purposes of subsection 8(5); and

              (c)    a corporation (the operator) operates or manages the joint venture; and

              (d)    the registered corporation’s approved assessment plan sets out, in accordance with paragraph 18(7A)(c), its intention to rely on this section in order to comply with its obligations under subsection 22(1); and

              (e)    the operator prepares a report that describes the way in which the part of the proposal mentioned in paragraph 22(3)(a) relating to the joint venture was carried out during the period; and

               (f)    the report is signed by the chief executive officer of the operator; and

              (g)    the report includes a statement by the chief executive officer of the operator that the board of directors of the responsible entity has reviewed and noted the report.

         (2)    If this subsection applies:

              (a)    subsection 22A(1) applies in relation to the report prepared by the operator as if the operator were a member of the group; and

              (b)    for the purposes of applying subsection 22A(1) in relation to the report prepared by the operator:

                    (i)    treat the reference in subsection 22(3) to the corporation as a reference to the operator; and

                   (ii)    treat references in subsection 22(3) to the proposal in the approved assessment plan of the registered corporation as references to the part or parts of that proposal to which the report relates; and

                  (iii)    disregard paragraphs 22(4)(b) and (c).

(28)  Clause 23, page 17 (lines 12 and 13), omit note 2, substitute:

Note 2:  Section 70 of the Crimes Act 1914 creates an offence where Commonwealth officers (including persons performing services for or on behalf of the Commonwealth) disclose information in breach of a duty of confidentiality.

(29)  Clause 23, page 17 (after line 18), after subclause (3), insert:

      (3A)    Regulations made for the purposes of paragraph (3)(b) may only require information that is reasonably necessary to:

              (a)    administer this Act; or

              (b)    assess the extent to which this Act achieves its objects; or

              (c)    assess the benefits and costs of complying with this Act.

(30)  Clause 23, page 17 (after line 22), at the end of the clause, add:

         (6)    Despite subsection (5), the report need not be given to the Secretary at a time if, within the period of 12 months ending at that time, the registered corporation had given the Secretary another report under this section.

(31)  Clause 25, page 19 (after line 11), at the end of subclause (2), add:

Note:   Section 70 of the Crimes Act 1914 creates an offence where Commonwealth officers (including persons performing services for or on behalf of the Commonwealth) disclose information in breach of a duty of confidentiality.

(32)  Clause 29, page 22 (line 32), omit the penalty, substitute:

Penalty:                10 penalty units.

Question agreed to.