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Table Of Contents
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- Part 1—Preliminary
- Part 2—Issue of Australian carbon credit units in respect of offsets projects
- Part 3—Eligible offsets projects
- Part 4—Recognised offsets entities
- Part 5—Crediting periods
- Part 6—Reporting and notification requirements
- Part 7—Requirements to relinquish Australian carbon credit units
- Part 8—Carbon maintenance obligation
- Part 9—Methodology determinations
- Part 10—Multiple project proponents
- Part 11—Australian carbon credit units
- Part 12—Publication of information
- Part 13—Fraudulent conduct
- Part 14—Voluntary cancellation of Australian carbon credit units
- Part 15—Relinquishment of Australian carbon credit units
- Part 16—Information-gathering powers
- Part 17—Record-keeping and project monitoring requirements
- Part 18—Monitoring powers
- Part 19—Audits
- Part 20—Liability of executive officers of bodies corporate
- Part 21—Civil penalty orders
- Part 22—Offences relating to administrative penalties
- Part 23—Enforceable undertakings
- Part 24—Review of decisions
- Part 25—Carbon Credits Administrator
- Part 26—Domestic Offsets Integrity Committee
- Part 27—Secrecy
- Part 28—Miscellaneous
Content WindowCarbon Credits (Carbon Farming Initiative) Bill 2011
The following is a simplified outline of this Part:
(1) This section applies to a person if the Administrator believes on reasonable grounds that the person has information or a document that is relevant to the operation of this Act or the associated provisions.
(2) The Administrator may, by written notice given to the person, require the person:
(a) to give to the Administrator, within the period and in the manner and form specified in the notice, any such information; or
(b) to produce to the Administrator, within the period and in the manner specified in the notice, any such documents; or
(c) to make copies of any such documents and to produce to the Administrator, within the period and in the manner specified in the notice, those copies.
(3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.
(4) A person must comply with a requirement under subsection (2) to the extent that the person is capable of doing so.
(5) A person must not:
(a) aid, abet, counsel or procure a contravention of subsection (4); or
(b) induce, whether by threats or promises or otherwise, a contravention of subsection (4); or
(c) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (4); or
(d) conspire with others to effect a contravention of subsection (4).
Civil penalty provisions
(6) Subsections (4) and (5) are civil penalty provisions .
Note: Part 21 provides for pecuniary penalties for breaches of civil penalty provisions.
(7) This section is not limited by any other provision of this Act that relates to the powers of the Administrator to obtain information or documents.
A person is entitled to be paid by the Administrator, on behalf of the Commonwealth, reasonable compensation for complying with a requirement covered by paragraph 185(2)(c).
(1) The Administrator may:
(a) inspect a document or copy produced under subsection 185(2); and
(b) make and retain copies of, or take and retain extracts from, such a document.
(2) The Administrator may retain possession of a copy of a document produced in accordance with a requirement covered by paragraph 185(2)(c).
(1) The Administrator may take, and retain for as long as is necessary, possession of a document produced under subsection 185(2).
(2) The person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by the Administrator to be a true copy.
(3) The certified copy must be received in all courts and tribunals as evidence as if it were the original.
(4) Until a certified copy is supplied, the Administrator must, at such times and places as the Administrator thinks appropriate, permit the person otherwise entitled to possession of the document, or a person authorised by that person, to inspect and make copies of, or take extracts from, the document.
(1) A person is not excused from giving information or producing a document under section 185 on the ground that the information or the production of the document might tend to incriminate the person or expose the person to a penalty.
(2) However, in the case of an individual:
(a) the information given or the document produced; or
(b) giving the information or producing the document; or
(c) any information, document or thing obtained as a direct or indirect consequence of giving the information or producing the document;
is not admissible in evidence against the individual:
(d) in civil proceedings for the recovery of a penalty (other than proceedings for the recovery of a penalty under section 179 or 180); or
(e) in criminal proceedings (other than proceedings for an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Part).