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Safe Climate (Energy Efficient Non-Residential Buildings Scheme) Bill 2009

Part 4 Building Efficiency Certificate Scheme

   

16   Building Efficiency Certificate Scheme

             (1)  The Building Efficiency Certificate Scheme is established by this section.

             (2)  The Greenhouse and Energy Data Officer is the administrator of the scheme.

17   Building efficiency certificates

             (1)  If an emissions intensity cap is declared in respect of a class of non-residential building for a financial year, the Greenhouse and Energy Data Officer must allocate in that financial year building efficiency certificates to the owner of each non-residential building to the value of the relevant emissions intensity cap as it applies to that building.

             (2)  The Greenhouse and Energy Data Officer must include in the register established under section 24 the number of certificates allocated in a financial year to the owner of a non-residential building.

             (3)  A certificate is transferable and may be transferred to anyone.

18   Dealing in certificates

             (1)  The Minister must ensure that a system for transfers and dealings in certificates is established by legislative instrument by the end of the period of 12 months after the commencement of this Act.

             (2)  The system may provide for certificates to be stockpiled for a specified period.

19   Surrender of certificates to meet reported emissions intensity

             (1)  The owner of a non-residential building must surrender to the Greenhouse and Energy Data Officer certificates to the value of the emissions intensity of the building reported under paragraph 15(2)(b) for the financial year, within 60 days of providing that report to the Greenhouse and Energy Data Officer.

             (2)  The Greenhouse and Energy Data Officer must include in the register established under section 24 the number of certificates surrendered for a financial year by the owner of a non-residential building.

20   Failure to surrender sufficient certificates subject to building efficiency certificate shortfall penalty

             (1)  If the owner of a non-residential building fails to surrender certificates to the value of the emissions intensity of the building reported under paragraph 15(2)(b) for the financial year, the owner has a building efficiency certificate shortfall .

             (2)  The amount of the building efficiency certificate shortfall is the difference between the number of certificates surrendered and the number of certificates required to be surrendered under subsection 19(1).

             (3)  An owner who has a building efficiency certificate shortfall for a year is liable to pay a penalty in respect of that year (a building efficiency certificate shortfall penalty ).

             (4)  The amount of the building efficiency certificate shortfall penalty is the amount (in dollars) calculated by multiplying the amount of the building efficiency certificate shortfall by the scheme penalty rate for a year prescribed by the regulations.

             (5)  If the amount calculated under subsection (4) is not a whole number of dollars, it is to be rounded down to the nearest whole number of dollars.

             (6)  A building efficiency certificate shortfall penalty payable by the owner of a non-residential building for a financial year is payable to the Greenhouse and Energy Data Officer at the same time as the owner surrenders certificates for the financial year under section 19.

             (7)  Any building efficiency certificate penalties collected under this section are to be used for greenhouse gas reduction activities and programs nominated by the Minister.

21   Late payment penalty

             (1)  If an amount payable under section 20 remains unpaid after the time when it became due for payment, the owner of a non-residential building is liable to pay, by way of penalty, an amount calculated at the rate of:

                     (a)  20% per annum; or

                     (b)  if a lower rate per annum is specified in the regulations—that lower rate per annum;

on the amount unpaid, computed from that time.

             (2)  The Greenhouse and Energy Data Officer may remit the whole or a part of an amount payable under subsection (1).

22   Recovery of penalties

                   An amount payable under section 20 or 21:

                     (a)  is a debt due to the Commonwealth; and

                     (b)  may be recovered by the Greenhouse and Energy Data Officer, on behalf of the Commonwealth, by action in a court of competent jurisdiction.

23   Records to be kept

             (1)  The owner of a non-residential building must keep records that:

                     (a)  allow the owner to report accurately under this Act; and

                     (b)  enable the Greenhouse and Energy Data Officer to ascertain whether the owner has complied with this Act; and

                     (c)  comply with the requirements of subsection (2) and the regulations made for the purposes of subsection (3).

Civil penalty:          100 penalty units.

             (2)  The owner of a non-residential building must retain the records for 7 years from the end of the year to which the records relate.

             (3)  The regulations may specify requirements relating to:

                     (a)  the kinds of records; and

                     (b)  form of records;

that must be kept under subsection (1).