1   Short title

                   This Act may be cited as the Safe Climate (Energy Efficient Non-Residential Buildings Scheme) Act 2010 .

2   Commencement

                   This Act commences on the day on which it receives the Royal Assent.

3   Object of Act

                   The object of this Act is to provide an economic incentive to owners of non-residential buildings to improve the energy efficiency of such buildings by:

                     (a)  providing for emissions intensity caps that are to be met by the owners of non-residential buildings; and

                     (b)  providing for emissions intensity caps to be complied with by the surrender of building efficiency certificates.

4   Constitutional basis for Act

                   This Act relies on:

                     (a)  the Commonwealth’s legislative powers under paragraphs 51(xx), (xxix) and (xxxix) of the Constitution; and

                     (b)  any implied legislative powers of the Commonwealth.

5   Crown to be bound

             (1)  This Act binds the Crown in each of its capacities.

             (2)  This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.

             (3)  The protection in subsection (2) does not apply to an authority of the Crown.

             (4)  The protection in subsection (2) does not apply to a penalty under section 20 or 21.

6   Application to external Territories

                   This Act extends to all the external Territories.

7   Relationship with State and Territory laws

             (1)  This Act is intended to apply to the exclusion of a law of a State or Territory that is prescribed by the regulations.

             (2)  However, subject to subsection (1), this Act is not intended to exclude or limit the concurrent operation of any other law of a State or Territory, except so far as the contrary intention appears.

8   Definitions

                   In this Act:

building efficiency certificate shortfall has the meaning given by subsections 20(1) and (2).

building efficiency certificate shortfall penalty means the penalty payable under section 20 by the owner of a non-residential building who fails to surrender sufficient certificates for a financial year.

carbon dioxide equivalent of greenhouse gas emissions means the mass of carbon dioxide measured in tonnes that has the same global warming potential as the greenhouse gas emissions.

certificate means a building efficiency certificate created under Part 4.

emissions intensity of a building is the figure calculated by a methodology determined under section 10.

emissions intensity cap means the cap determined under section 13.

emissions intensity information means information reported to the Greenhouse and Energy Data Officer under this Act or information obtained by a person whilst performing duties under this Act or the regulations.

Greenhouse and Energy Data Officer means the Greenhouse and Energy Data Officer established under section 49 of the N ational Greenhouse and Energy Reporting Act 2007 .

greenhouse gas has the same meaning as in the N ational Greenhouse and Energy Reporting Act 2007 .

non-residential building means any building that falls within the scope of Class 3, 5, 6, 7, 8 or 9 of the Building Code of Australia for a year.

register means the Register of the Emissions Intensity of Non-Residential Buildings established under section 24.

scheme means the Building Efficiency Certificate Scheme established under section 16.

scheme penalty rate means the penalty rate prescribed by the regulations which is applied in the case of a building efficiency certificate shortfall.

transitional report has the meaning given by subsection 12(1).

transitional reporting period has the meaning given by subsection 12(6).