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Energy Efficiency Opportunities Bill 2006

Part 7 Reporting about energy efficiency opportunities assessments

   

21   Overview

                   A registered corporation must:

                     (a)  prepare and make available to the public a report in accordance with section 22; and

                     (b)  prepare and give to the Secretary a report in accordance with section 23.

22   Reporting to the public

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

             (1)  A registered corporation must:

                     (a)  prepare a report in accordance with this section for each period mentioned in subsection (2); and

                     (b)  make the report available to the public in accordance with subsection (5).

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

             (2)  The period is the period specified in the regulations.

             (3)  The report must contain:

                     (a)  a description of the way in which the corporation has carried out, during the period, the proposal in its approved assessment plan for assessing the opportunities for improving the energy efficiency of its group; and

                     (b)  the results of carrying out that proposal; and

                     (c)  the response of the corporation to those results; and

                     (d)  any other information required by the regulations.

          (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.

             (4)  The report must:

                     (a)  be in the form (if any) specified in the regulations; and

                     (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.

             (5)  The report must be made available to the public:

                     (a)  at the time specified in the regulations; and

                     (b)  in the manner (if any) specified in the regulations.

             (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.

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 paragraphs (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.

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).

23   Reporting to the Secretary

             (1)  A registered corporation must:

                     (a)  prepare a report in accordance with this section for each period mentioned in subsection (2); and

                     (b)  give the report to the Secretary in accordance with subsection (5).

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)  The period is the period specified in the regulations.

             (3)  The report must contain:

                     (a)  the information required to be contained in a report made to the public under section 22; and

                     (b)  any further information required by the regulations.

          (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.

             (4)  The report must be in the form (if any) specified in the regulations.

             (5)  The report must be given to the Secretary:

                     (a)  at the time specified in the regulations; and

                     (b)  in the manner (if any) specified in the regulations.

             (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.