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Energy Efficiency Opportunities Bill 2006

Part 3 Corporations required to register

   

9   Obligation to apply to register

             (1)  A controlling corporation must apply to be registered under Part 4, in accordance with this section, if its group meets the energy use threshold for a financial year (the trigger year ) under section 10.

Note 1:       Clause 3 of Schedule 1 provides for a civil penalty for failing to comply with this subsection.

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.

             (2)  Subsection (1) does not apply if the corporation:

                     (a)  did not know; and

                     (b)  could not, with reasonable diligence, have ascertained;

that its group met the energy use threshold for the trigger year under section 10.

             (3)  A corporation that wishes to rely on subsection (2) bears an evidential burden in relation to that matter.

             (4)  The application must be made on or before 31 March in the financial year after the trigger year.

             (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)  This section applies only if the trigger year ends on or after 30 June 2006.

10   Energy use threshold

             (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.

             (3)  For the purposes of subsection (1), the energy used by an entity has the meaning given by the regulations.

             (4)  Without limiting subsection (3), regulations made for the purposes of that subsection may determine that meaning:

                     (a)  by reference to particular kinds and uses of energy; and

                     (b)  in relation to particular periods during which an entity is a member of a controlling corporation’s group during a financial year.

             (5)  Without limiting subsection (3), regulations made for the purposes of that subsection may determine that meaning:

                     (a)  in relation to activities of a member of a controlling corporation’s group as the trustee of a trust; and

                     (b)  in relation to activities under a franchise of which a member of a controlling corporation’s group is a franchisor.

11   Exemption from registration on application by corporation

             (1)  Subsection 9(1) does not apply to a controlling corporation in relation to a particular financial year if the corporation is covered by an exemption under subsection (5) for that year.

             (2)  A controlling corporation may apply to the Secretary for an exemption from the requirement to be registered under Part 4 in relation to a particular financial year if:

                     (a)  it is not already registered under Part 4; and

                     (b)  the controlling corporation’s group met the energy use threshold for the previous financial year (the trigger year ) under section 10.

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.

             (3)  The application must be made on or before 31 December in the financial year after the trigger year.

             (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.

             (5)  The Secretary must grant the exemption if:

                     (a)  the application is in accordance with subsections (2), (3) and (4); and

                     (b)  the Secretary is satisfied that the controlling corporation’s group is not likely to meet the energy use threshold under section 10 for the financial year after the trigger year.

             (6)  The Secretary is taken to have granted the exemption under subsection (5) if he or she has not given the controlling corporation notice in writing, within 60 days after receiving the application for exemption, of a decision not to grant the exemption.