Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document

 Download WordDownload Word  Download PDFDownload PDF 


Bill home page
Table Of Contents
Previous Fragment    Next Fragment
Carbon Pollution Reduction Scheme Bill 2009

Part 1 Preliminary

   

1   Short title

                   This Act may be cited as the Carbon Pollution Reduction Scheme Act 2009 .

2   Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

 

2.  Sections 3 to 387

The 28th day after the day on which this Act receives the Royal Assent.

However, if:

(a) the Australian Climate Change Regulatory Authority Act 2009 ; and

(b) the Carbon Pollution Reduction Scheme (Charges—Customs) Act 2009 ; and

(c) the Carbon Pollution Reduction Scheme (Charges—Excise) Act 2009 ; and

(d) the Carbon Pollution Reduction Scheme (Charges—General) Act 2009; and

(e) the Carbon Pollution Reduction Scheme (Consequential Amendments) Act 2009 ;

do not receive the Royal Assent on or before the 28th day after the day on which this Act receives the Royal Assent, the provision(s) do not commence at all.

 

Note:          This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

             (2)  Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3   Objects

             (1)  This section sets out the objects of this Act.

Climate Change Convention and Kyoto Protocol

             (2)  The first object of this Act is to give effect to Australia’s obligations under:

                     (a)  the Climate Change Convention; and

                     (b)  the Kyoto Protocol.

Global response to climate change

             (3)  The second object of this Act is to support the development of an effective global response to climate change.

National emissions reduction targets

             (4)  The third object of this Act is:

                     (a)  if Australia is a party to a comprehensive international agreement that is capable of stabilising atmospheric concentrations of greenhouse gases at around 450 parts per million of carbon dioxide equivalence or lower—to take action directed towards meeting Australia’s target of reducing net greenhouse gas emissions to 25% below 2000 levels by 2020; and

                     (b)  if paragraph (a) does not apply—to take action directed towards meeting Australia’s targets of:

                              (i)  reducing net greenhouse gas emissions to 60% below 2000 levels by 2050; and

                             (ii)  reducing net greenhouse gas emissions to between 5% and 15% below 2000 levels by 2020; and

                     (c)  to take the action mentioned in paragraph (a) or (b) in a flexible and cost-effective way.

             (5)  The targets mentioned in subsection (4) are to be calculated in accordance with:

                     (a)  the Kyoto rules; or

                     (b)  an international agreement (if any) that is the successor (whether immediate or otherwise) to the Kyoto Protocol.

4   Simplified outline

                   The following is a simplified outline of this Act:

•      This Act sets up a scheme to reduce pollution caused by emissions of carbon dioxide and other greenhouse gases.

•      The scheme begins on 1 July 2011, and operates on a financial year basis.

•      The scheme is administered by the Australian Climate Change Regulatory Authority.

•      A person who is responsible for greenhouse gas emitted from the operation of a facility must surrender one eligible emissions unit for each tonne of carbon dioxide equivalence of the gas.

•      A person who imports, manufactures or supplies synthetic greenhouse gas must surrender one eligible emissions unit for each tonne of carbon dioxide equivalence of the gas.

•      A person who imports, produces or supplies eligible upstream fuel must surrender one eligible emissions unit for each tonne of carbon dioxide equivalence of the potential greenhouse gas emissions embodied in the fuel.

•      Each of the following units are eligible emissions units:

               (a)     Australian emissions units issued under this Act;

              (b)     certain Kyoto units;

               (c)     certain non-Kyoto international emissions units.

•      Most Australian emissions units will be issued as the result of an auction.

•      A national scheme cap limits the total number of auctioned Australian emissions units.

•      Some Australian emissions units may be issued free of charge or for a fixed charge.

•      Australian emissions units are generally transferable.

5   Definitions

                   In this Act:

ABN has the same meaning as in the A New Tax System (Australian Business Number) Act 1999 .

account number , in relation to a Registry account, has the meaning given by subsection 146(3).

acknowledge the quotation of an OTN has the meaning given by section 64A or 64B.

acquire , in relation to an Australian emissions unit, includes acquire by way of the issue of the unit.

alter the Registry, includes:

                     (a)  make an entry in the Registry; and

                     (b)  remove an entry from the Registry.

applicable identification procedure has the meaning ascertained in accordance with the regulations.

application to own use , in relation to eligible upstream fuel, includes making the fuel available to another person, where making the fuel available is not a supply of the fuel.

appropriate energy market operator , in relation to a generation asset, means:

                     (a)  if Australian Energy Market Operator Limited (ACN 072 010 327) performs the functions of the energy market operator in the place where the generation asset is located—Australian Energy Market Operator Limited; and

                     (b)  if the Independent Market Operator established under the Electricity Industry (Independent Market Operator) Regulations 2004 of Western Australia performs the functions of the energy market operator in the place where the generation asset is located—the Independent Market Operator.

approved synthetic greenhouse gas destruction facility has the same meaning as in the Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995 .

assigned amount unit means an assigned amount unit issued in accordance with the relevant provisions of the Kyoto rules. It is immaterial whether the unit was issued in or out of Australia.

associated provisions means the following provisions:

                     (a)  the provisions of the regulations;

                     (b)  sections 15A, 15B, 15C, 18A, 22A, 22B, 22C, 22CA, 22D, 22DA, 22E and 22F of the National Greenhouse and Energy Reporting Act 2007 ;

                     (c)  the remaining provisions of the National Greenhouse and Energy Reporting Act 2007 , in so far as those provisions relate to:

                              (i)  this Act; or

                             (ii)  the regulations; or

                            (iii)  the provisions covered by paragraph (b);

                     (d)  sections 134.1, 134.2, 135.1, 135.2, 135.4, 136.1, 137.1 and 137.2 of the Criminal Code , in so far as those sections relate to:

                              (i)  this Act; or

                             (ii)  the regulations; or

                            (iii)  the provisions of the National Greenhouse and Energy Reporting Act 2007 covered by paragraph (b) or (c).

Note:          The provisions covered by paragraph (b) commence on 1 July 2011.

auction , when used in relation to an Australian emissions unit, includes a process that involves inviting persons to declare what they would be willing to pay by way of a charge for the acquisition of the unit.

Australia , when used in a geographical sense, includes:

                     (a)  the external Territories; and

                     (b)  for the purposes of:

                              (i)  Part 8 (emissions-intensive trade-exposed assistance program); and

                             (ii)  paragraph 353(1)(h) (review of the emissions-intensive trade-exposed assistance program);

                            the exclusive economic zone, the continental shelf and the Joint Petroleum Development Area.

Australian emissions unit means a unit issued under section 83.

Authority means the Australian Climate Change Regulatory Authority.

benchmark average auction price has the meaning given by section 141.

black coal has the same meaning as in the National Greenhouse and Energy Reporting Regulations 2008 .

brown coal has the same meaning as in the National Greenhouse and Energy Reporting Regulations 2008 .

business day means a day that is not:

                     (a)  a Saturday; or

                     (b)  a Sunday; or

                     (c)  a public holiday in the place concerned.

cancellation account means a Commonwealth Registry account designated as a cancellation account.

carbon dioxide equivalence :

                     (a)  of an amount of greenhouse gas—has the same meaning as in the National Greenhouse and Energy Reporting Act 2007 ; or

                     (b)  of an amount of potential greenhouse gas emissions embodied in an amount of an eligible upstream fuel—has the same meaning as in the National Greenhouse and Energy Reporting Act 2007 .

Note:          See also section 386 (transitional).

carbon pollution reduction scheme means the scheme embodied in this Act and the associated provisions.

carbon sequestration right has the meaning given by section 240.

category A transfer test has the meaning given by section 69.

category B transfer test has the meaning given by section 73.

certificate of eligibility for coal-fired generation assistance means a certificate issued under section 180.

certificate of eligible synthetic greenhouse gas destruction means a certificate issued under section 249.

certificate of reforestation means a certificate issued under section 195.

certified emission reduction means a certified emission reduction issued outside Australia in accordance with the relevant provisions of the Kyoto rules.

civil penalty order means an order under subsection 327(1).

civil penalty provision means a provision declared by this Act to be a civil penalty provision.

clean development mechanism project means a project that is treated as a clean development mechanism project for the purposes of the relevant provisions of the Kyoto rules.

Climate Change Convention means the United Nations Framework Convention on Climate Change done at New York on 9 May 1992, as amended and in force for Australia from time to time.

Note:          The text of the Convention is set out in Australian Treaty Series 1994 No. 2 ([1994] ATS 2). In 2009, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).

coal-based char has the same meaning as in the National Greenhouse and Energy Reporting Regulations 2008 .

coke oven coke has the same meaning as in the National Greenhouse and Energy Reporting Regulations 2008 .

commitment period means a period that is treated as a commitment period for the purposes of the Kyoto rules.

Note:          The first commitment period begins on 1 January 2008 and ends on 31 December 2012.

commitment period reserve has the meaning given by the regulations.

Commonwealth holding account means a Commonwealth Registry account designated as a Commonwealth holding account.

Commonwealth place has the same meaning as in the Commonwealth Places (Application of Laws) Act 1970 .

Commonwealth Registry account means a Registry account kept in the name of the Commonwealth.

Commonwealth relinquished units account means the Commonwealth Registry account designated as the Commonwealth relinquished units account.

compressed natural gas has the same meaning as in the National Greenhouse and Energy Reporting Regulations 2008 .

constitutional corporation means a corporation to which paragraph 51(xx) of the constitution applies.

continental shelf has the same meaning as in the Seas and Submerged Lands Act 1973 .

controlling corporation has the same meaning as in the National Greenhouse and Energy Reporting Act 2007 .

Note:          See also section 386 (transitional).

Crown land means land that is the property of:

                     (a)  the Commonwealth, a State or a Territory; or

                     (b)  a statutory authority of:

                              (i)  the Commonwealth; or

                             (ii)  a State; or

                            (iii)  a Territory.

For this purpose, it is immaterial whether the land is:

                     (c)  subject to a lease or licence; or

                     (d)  covered by a reservation, proclamation, dedication, condition, permission or authority, made or conferred by the Commonwealth, a State or a Territory; or

                     (e)  covered by the making, amendment or repeal of legislation of the Commonwealth, a State or a Territory under which the whole or a part of the land is to be used for a public purpose or public purposes.

decision of the Meeting of the Kyoto Parties means a decision of the Meeting of the Kyoto Parties as existing from time to time. It is immaterial whether the decision was made before, at or after the commencement of this section.

designated , in relation to a Commonwealth Registry account, means designated under section 148.

designated large landfill facility : a landfill facility is a designated large landfill facility in relation to an eligible financial year if the number of tonnes of the carbon dioxide equivalence of the total amount of greenhouse gases emitted from the operation of the landfill facility during the eligible financial year is 25,000 or more. For this purpose, assume that the financial year beginning on 1 July 2010 is an eligible financial year.

director includes a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, a State or a Territory.

electronic communication means a communication by means of guided and/or unguided electromagnetic energy.

electronic notice transmitted to the Authority has the meaning given by section 8.

eligible emissions unit means:

                     (a)  an Australian emissions unit; or

                     (b)  an eligible international emissions unit.

eligible financial year means:

                     (a)  the financial year beginning on 1 July 2011; or

                     (b)  a later financial year.

eligible international emissions unit means:

                     (a)  a certified emission reduction (other than a temporary certified emission reduction or a long-term certified emission reduction); or

                     (b)  an emission reduction unit; or

                     (c)  a removal unit; or

                     (d)  a prescribed unit issued in accordance with the Kyoto rules; or

                     (e)  a non-Kyoto international emissions unit.

It is immaterial whether a unit covered by paragraph (d) was issued in or outside Australia.

eligible reforestation project has the meaning given by section 209.

eligible upstream fuel means any of the following:

                     (a)  liquid petroleum fuel;

                     (b)  liquid petroleum gas;

                     (c)  black coal;

                     (d)  brown coal;

                     (e)  coking coal;

                      (f)  brown coal briquettes;

                     (g)  coke oven coke;

                     (h)  coal-based char;

                      (i)  natural gas that is distributed or transmitted in a pipeline;

                      (j)  coal seam methane that is captured for combustion;

                     (k)  coal mine waste gas that is captured for combustion;

                      (l)  ethane;

                    (m)  town gas;

                     (n)  liquefied natural gas;

                     (o)  compressed natural gas;

                     (p)  syngas;

                   (pa)  refinery grade propene (propylene);

                     (q)  a fuel specified in the regulations.

For the purposes of this Act, if black coal is treated at a coal washery, the black coal retains its identity as a type of eligible upstream fuel.

eligible waste has the meaning given by the regulations.

emission of greenhouse gas from the operation of a facility has the meaning given by section 24.

emission reduction unit means an emission reduction unit issued in accordance with the relevant provisions of the Kyoto rules. It is immaterial whether the unit was issued in or outside of Australia.

emissions-intensive trade-exposed assistance program means the program under subsection 167(1).

emissions number has the meaning given by section 125.

emissions number publication time of a person for an eligible financial year, means the time when the person’s emissions number for the eligible financial year is entered on the Information Database in accordance with subsection 263(2).

engage in conduct means:

                     (a)  do an act; or

                     (b)  omit to perform an act.

evidential burden , in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.

excess surrender number has the meaning given by section 143.

excise duty has the same meaning as in the Excise Act 1901 .

exclusive economic zone has the same meaning as in the Seas and Submerged Lands Act 1973 .

executive officer of a body corporate means:

                     (a)  a director of the body corporate; or

                     (b)  the chief executive officer (however described) of the body corporate; or

                     (c)  the chief financial officer (however described) of the body corporate; or

                     (d)  the secretary of the body corporate.

exempt hydrocarbon solvent means:

                     (a)  excisable goods (within the meaning of the Excise Act 1901 ) classified to subitem 10.25, 10.26, 10.27 or 10.28 of the Schedule to the Excise Tariff Act 1921 ; or

                     (b)  imported goods (within the meaning of the Excise Act 1901 ) that would be classified to subitem 10.25, 10.26, 10.27 or 10.28 of that Schedule if they were manufactured in Australia;

that are:

                     (c)  hydrocarbon solvents; and

                     (d)  not combusted.

expert advisory committee means a committee established under section 357.

expert advisory committee member means a member of an expert advisory committee, and includes the Chair of an expert advisory committee.

export , in relation to goods or a substance, means:

                     (a)  do an act that constitutes exportation of the goods or substance from Australia within the meaning of section 112 of the Customs Act 1901 ; or

                     (b)  do an act that would constitute such exportation if the external Territories were part of Australia for the purposes of that Act.

externally-administered body corporate has the same meaning as in the Corporations Act 2001 .

facility has the same meaning as in the National Greenhouse and Energy Reporting Act 2007 .

Note:          See also section 386 (transitional).

Federal Court means the Federal Court of Australia.

feedstock means a substance that is consumed (otherwise than by way of combustion) in a chemical process to produce another product.

financial control has the meaning given by section 81.

foreign account :

                     (a)  when used in relation to a Kyoto unit—means an account kept within a foreign Kyoto registry; or

                     (b)  when used in relation to a non-Kyoto international emissions unit—means an account kept under a law of a foreign country corresponding to this Act.

foreign country includes a region where:

                     (a)  the region is a colony, territory or protectorate of a foreign country; or

                     (b)  the region is part of a foreign country; or

                     (c)  the region is under the protection of a foreign country; or

                     (d)  a foreign country exercises jurisdiction or control over the region; or

                     (e)  a foreign country is responsible for the region’s international relations.

foreign Kyoto registry means:

                     (a)  a registry of a Kyoto party (other than Australia) that is the Kyoto party’s national registry for Kyoto units; or

                     (b)  the CDM registry established in accordance with paragraph 1 of Appendix D to the Annex to Decision 3/CMP.1 of the Meeting of the Kyoto Parties.

foreign person has the same meaning as in the National Greenhouse and Energy Reporting Act 2007 .

forestry right has the meaning given by section 241.

forest stand means a stand of forest, where:

                     (a)  under the regulations, the stand is taken to have been established by means of direct, human-induced methods; and

                     (b)  the stand occupies an area of land of 0.2 hectares or more; and

                     (c)  the stand consists of trees that:

                              (i)  have attained, or have the potential to attain, a crown cover of at least 20% of the area occupied by the stand; and

                             (ii)  have reached, or have the potential to reach, a height of at least 2 metres; and

                     (d)  on 31 December 1989, the area occupied by the stand was clear of trees that:

                              (i)  had attained, or had the potential to attain, a crown cover of at least 20% of the area occupied by the stand; and

                             (ii)  had reached, or had the potential to reach, a height of at least 2 metres; and

                     (e)  the stand meets such other requirements (if any) as are specified in the regulations.

free Australian emissions unit means an Australian emissions unit issued free of charge.

fuel oil has the same meaning as in the Excise Tariff Act 1921 .

general law land means land other than:

                     (a)  Torrens system land; or

                     (b)  Crown land.

generation asset means:

                     (a)  a generation complex; or

                     (b)  a generation complex project.

generation complex means:

                     (a)  a generation unit; or

                     (b)  a set of 2 or more generation units at the same location.

generation complex project means a project to construct and commission a new generation complex. For this purpose, it is immaterial whether the project has been completed.

generation unit means a generator of electricity, and includes:

                     (a)  the boiler (if any); and

                     (b)  any other related equipment essential to the generator’s functioning as a generator.

Greater Sunrise unit area has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006 .

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

Note:          See also section 386 (transitional).

group has the same meaning as in the National Greenhouse and Energy Reporting Act 2007 .

Note:          See also section 386 (transitional).

hold an eligible emissions unit: a person holds an eligible emissions unit if the person is the registered holder of the unit.

identification number , in relation to an Australian emissions unit, has the meaning given by section 84.

import , in relation to goods or a substance, means:

                     (a)  do an act that constitutes importation of the goods or substance into Australia within the meaning of section 50 of the Customs Act 1901 ; or

                     (b)  do an act that would constitute such importation if the external Territories were part of Australia for the purposes of that Act.

import duty has the same meaning as in the Customs Act 1901 .

Information Database means the Liable Entities Public Information Database kept under section 261.

insolvent under administration has the same meaning as in the Corporations Act 2001 .

inspector means a person appointed as an inspector under section 306.

international agreement means an agreement whose parties are:

                     (a)  Australia and a foreign country; or

                     (b)  Australia and 2 or more foreign countries.

international transaction log means an electronic data system administered by the Secretariat of the Climate Change Convention for the purpose of monitoring and tracking transactions in Kyoto units.

issue , in relation to an Australian emissions unit, means issue under section 83.

Joint Petroleum Development Area has the same meaning as in the Petroleum (Timor Sea Treaty) Act 2003 .

joint venture means an unincorporated enterprise carried on by 2 or more persons in common otherwise than in partnership.

Kyoto Party means a Party to the Kyoto Protocol.

Kyoto Protocol means the Kyoto Protocol to the United Nations Framework Convention on Climate Change done at Kyoto on 11 December 1997, as amended and in force for Australia from time to time.

Note:          The text of the Kyoto Protocol is set out in Australian Treaty Series 2008 No. 2 ([2008] ATS 2). In 2009, the text of an international agreement in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).

Kyoto rules means:

                     (a)  the Kyoto Protocol; or

                     (b)  a decision of the Meeting of the Kyoto Parties; or

                     (c)  if a standard or other instrument, as existing from time to time, is adopted by the Meeting of the Kyoto Parties for a purpose relating to:

                              (i)  the Kyoto Protocol; or

                             (ii)  a decision of the Meeting of the Kyoto Parties;

                            the standard or instrument as existing from time to time; or

                     (d)  if a standard or other instrument, as existing at a particular time, is adopted by the Meeting of the Kyoto Parties for a purpose relating to:

                              (i)  the Kyoto Protocol; or

                             (ii)  a decision of the Meeting of the Kyoto Parties;

                            the standard or instrument as existing at that time; or

                     (e)  a prescribed instrument that relates to:

                              (i)  the Kyoto Protocol; or

                             (ii)  a decision of the Meeting of the Kyoto Parties.

It is immaterial whether a standard or instrument covered by paragraph (c), (d) or (e) was made before, at or after the commencement of this section. Regulations made for the purposes of paragraph (e) may prescribe an instrument:

                      (f)  as existing at a particular time; or

                     (g)  as existing from time to time.

Kyoto unit means:

                     (a)  an assigned amount unit; or

                     (b)  a certified emission reduction; or

                     (c)  an emission reduction unit; or

                     (d)  a removal unit; or

                     (e)  a prescribed unit issued in accordance with the Kyoto rules.

It is immaterial whether a unit covered by paragraph (e) was issued in or outside Australia.

landfill facility means a facility for the disposal of solid waste as landfill, and includes a facility that is closed for the acceptance of waste.

liability transfer certificate means a certificate issued under section 72 or 76.

liable entity means a person who, under a provision of this Act, is a liable entity.

liquid petroleum fuel means:

                     (a)  excisable goods (within the meaning of the Excise Act 1901 ) classified to item 10 of the Schedule to the Excise Tariff Act 1921 ; or

                     (b)  imported goods (within the meaning of the Excise Act 1901 ) that would be classified to item 10 of that Schedule if they were manufactured in Australia;

that do not include an exempt hydrocarbon solvent.

liquid petroleum gas has the same meaning as in the National Greenhouse and Energy Reporting Regulations 2008 .

liquid petroleum gas marketer means a person who is supplied liquid petroleum gas from:

                     (a)  a liquid petroleum gas separation plant bulk storage; or

                     (b)  an import terminal bulk storage; or

                     (c)  a petroleum refinery bulk storage;

for the purpose of re-supply.

local governing body means a local governing body established by or under a law of a State or Territory.

long-term certified emission reduction means a certified emission reduction that is treated as a long-term certified emission reduction for the purposes of the relevant provisions of the Kyoto rules.

lower bound of the national scheme gateway has the meaning given by section 15.

make-good number has the meaning given by section 142.

management of a forest stand includes the harvesting and re-establishment of the forest stand.

mandatory cancellation account means a Commonwealth Registry account designated as the mandatory cancellation account for a particular commitment period.

Meeting of the Kyoto Parties means the Meeting of the Parties to the Climate Change Convention serving as the meeting of the Parties to the Kyoto Protocol.

member , in relation to a group, has the same meaning as in the National Greenhouse and Energy Reporting Act 2007 .

Note:          See also section 386 (transitional).

Minister , in relation to Norfolk Island, means an executive member within the meaning of the Norfolk Island Act 1979 .

monitoring powers has the meaning given by section 309.

monitoring warrant means a warrant issued under section 321.

nameplate rating of a generation asset means:

                     (a)  in the case of a generation complex—the maximum continuous electrical generation capacity in megawatts of the generation complex, as registered with the appropriate energy market operator; or

                     (b)  in the case of a generation complex project—the proposed maximum continuous electrical generation capacity in megawatts of the proposed generation complex, as registered, or proposed to be registered, with the appropriate energy market operator.

national scheme cap has the meaning given by section 14.

national scheme cap number has the meaning given by section 14.

net source cancellation account means a Commonwealth Registry account designated as the net source cancellation account for a particular commitment period.

net total number of Australian emissions units issued in relation to an eligible reforestation project in accordance with Part 10 has the meaning given by section 242.

non-compliance cancellation account means a Commonwealth Registry account designated as the non-compliance cancellation account for a particular commitment period.

Note:          See also section 386 (transitional).

non-group entity has the same meaning as in the National Greenhouse and Energy Reporting Act 2007 .

Note:          See also section 386 (transitional).

non-Kyoto international emissions unit means:

                     (a)  a prescribed unit issued in accordance with an international agreement (other than the Kyoto Protocol); or

                     (b)  a prescribed unit issued outside Australia under a law of a foreign country.

It is immaterial whether a unit covered by paragraph (a) was issued in or outside Australia.

obligation transfer number or OTN means an OTN issued under section 44 or 45.

officer has the same meaning as in the Corporations Act 2001 .

official of the Authority has the same meaning as in the Australian Climate Change Regulatory Authority Act 2009 .

one-off quotation of an OTN has the meaning given by section 51A.

open , in relation to a Registry account, means open under section 146.

operation , in relation to a facility, has the same meaning as in the National Greenhouse and Energy Reporting Act 2007 .

Note:          See also section 386 (transitional).

operational control has the same meaning as in the National Greenhouse and Energy Reporting Act 2007 .

Note:          See also section 386 (transitional).

OTN : see obligation transfer number .

OTN Register means the register kept under section 49.

participant , in relation to a joint venture, means any of the persons who carry on the joint venture.

penalty unit has the meaning given by section 4AA of the Crimes Act 1914 .

person means any of the following:

                     (a)  an individual;

                     (b)  a body corporate;

                     (c)  a trust;

                     (d)  a corporation sole;

                     (e)  a body politic;

                      (f)  a local governing body.

person assisting an inspector has the meaning given by section 310.

potential greenhouse gas emissions has the same meaning as in the National Greenhouse and Energy Reporting Act 2007 .

Note:          See also section 386 (transitional).

power system reliability test has the meaning given by section 189.

premises includes the following:

                     (a)  a structure, building, vehicle, vessel or aircraft;

                     (b)  a place (whether or not enclosed or built on);

                     (c)  a part of a thing referred to in paragraph (a) or (b).

prescribed wholesale gas market has the meaning given by the regulations.

principal State Minister , in relation to a State, means:

                     (a)  the Premier of the State; or

                     (b)  if another Minister of the State is nominated in a written notice given to the Minister administering this Act by the Premier for the purposes of this definition—that other Minister of the State.

principal Territory Minister , in relation to a Territory, means:

                     (a)  the Chief Minister of the Territory; or

                     (b)  if another Minister of the Territory is nominated in a written notice given to the Minister administering this Act by the Chief Minister for the purposes of this definition—that other Minister of the Territory.

project area , in relation to a reforestation project, means:

                     (a)  if the project relates to a single forest stand—the area of land occupied, or to be occupied, by the forest stand; or

                     (b)  if the project relates to 2 or more forest stands—an area of land occupied, or to be occupied, by any of those forest stands.

proposed generation complex , in relation to a generation complex project, means the generation complex that is proposed to result from the project. For this purpose, it is immaterial whether the generation complex has been constructed or commissioned.

provisional emissions number :

                     (a)  has the meaning given by Part 3; and

                     (b)  has a meaning affected by sections 11B and 11C of the National Greenhouse and Energy Reporting Act 2007 .

quarter means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October.

quote , in relation to an OTN, has the meaning given by section 51.

recognised :

                     (a)  recognised as a reforestation entity means recognised under section 201; and

                     (b)  recognised as a synthetic greenhouse gas destruction customer means recognised under section 256.

recognised reforestation entity means a person recognised as a reforestation entity.

recognised synthetic greenhouse gas destruction customer means a company recognised as a synthetic greenhouse gas destruction customer.

recognised transformation : each of the following is a recognised transformation of an eligible upstream fuel to another type of eligible upstream fuel:

                     (a)  the transformation of brown coal to brown coal briquettes;

                     (b)  the transformation of brown coal briquettes to coal-based char;

                     (c)  the transformation of coking coal to coke oven coke;

                     (d)  the transformation of natural gas to liquefied natural gas;

                     (e)  the transformation of natural gas to compressed natural gas;

                      (f)  the transformation of liquefied natural gas to natural gas;

                     (g)  the transformation of compressed natural gas to natural gas;

                     (h)  the transformation of a type of eligible upstream fuel specified in the regulations to a type of eligible upstream fuel specified in the regulations.

refinery grade propene (propylene) has the same meaning as in the National Greenhouse and Energy Reporting Regulations 2008 .

reforestation project means:

                     (a)  a project for the establishment, management and maintenance of one or more forest stands; or

                     (b)  a project for the management and maintenance of one or more existing forest stands.

For this purpose, it is immaterial whether the project has been carried out.

reforestation report means a report under section 225.

reforestation reporting period has the meaning given by section 223 or 224.

reforestation unit limit , in relation to an eligible reforestation project, has the meaning given by section 220, 221 or 222.

registered holder , in relation to:

                     (a)  an Australian emissions unit; or

                     (b)  a Kyoto unit; or

                     (c)  a non-Kyoto international emissions unit;

means the person in whose Registry account there is an entry for the unit.

Register of Reforestation Projects means the register kept under section 238.

Registry means the Australian National Registry of Emissions Units continued in existence under section 145.

Registry account means an account kept in accordance with section 146.

relinquish , in relation to an Australian emissions unit, means relinquish under section 286.

relinquishment obligation transfer agreement has the meaning given by section 234.

removal unit means a removal unit issued in accordance with the relevant provisions of the Kyoto rules. It is immaterial whether the unit was issued in or out of Australia.

retirement account for a commitment period means a Commonwealth Registry account designated as the retirement account for a particular commitment period.

reviewable decision has the meaning given by section 346.

scheme , when used in section 23 or 30 or Part 22, means:

                     (a)  any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; or

                     (b)  any scheme, plan, proposal, action, course of action or course of conduct, whether there are 2 or more parties or only one party involved.

scope 1 emission of greenhouse gas has the meaning given by the National Greenhouse and Energy Reporting Act 2007 .

Note:          See also section 386 (transitional).

Secretary means the Secretary of the Department.

staff of the Authority has the same meaning as in the Australian Climate Change Regulatory Authority Act 2009 .

standing quotation of an OTN has the meaning given by section 51B.

statutory authority of the Commonwealth, a State or a Territory, means an authority or body (including a corporation sole) established by or under a law of the Commonwealth, the State or Territory other than a general law allowing incorporation as a company or body corporate.

supply means supply (including re-supply) by way of sale, exchange or gift.

Note 1:       See also section 5A (extended meaning of supply ).

Note 2:       See also section 6 (timing of supply).

surrender , in relation to an eligible emissions unit, means surrender under section 129.

syngas has the same meaning as in the National Greenhouse and Energy Reporting Regulations 2008 .

synthetic greenhouse gas has the same meaning as in the National Greenhouse and Energy Reporting Act 2007 .

Note:          See also section 386 (transitional).

synthetic greenhouse gas destruction event means an event that consists of the destruction of a particular quantity of a particular kind of synthetic greenhouse gas.

temporary certified emission reduction means a certified emission reduction that is treated as a temporary certified emission reduction for the purposes of the relevant provisions of the Kyoto rules.

territorial sea has the same meaning as in the Seas and Submerged Lands Act 1973 .

Torrens system land : land is Torrens system land if the title to the land is registered under a Torrens system of registration.

transfer :

                     (a)  in relation to an Australian emissions unit—has the meaning given by section 95; or

                     (b)  in relation to a Kyoto unit—has the meaning given by section 107; or

                     (c)  in relation to a non-Kyoto international emissions unit—has the meaning given by section 118.

transferee , in relation to a relinquishment obligation transfer agreement, has the meaning given by section 234.

trust means a person in the capacity of trustee or, as the case requires, a trust estate.

trustee has the same meaning as in the Income Tax Assessment Act 1997 .

trust estate has the same meaning as in the Income Tax Assessment Act 1997 .

type :

                     (a)  type of eligible upstream fuel:

                              (i)  each substance classified to item 10 of the Schedule to the Excise Tariff Act 1921 (or that would be classified to that item if it was manufactured in Australia) is a type of eligible upstream fuel; and

                             (ii)  a substance covered by a particular paragraph of the definition of eligible upstream fuel (other than paragraph (a) of the definition) is a type of eligible upstream fuel; and

                     (b)  type of synthetic greenhouse gas:

                              (i)  a substance covered by paragraph 7B(1)(a) of the National Greenhouse and Energy Reporting Act 2007 is a type of synthetic greenhouse gas; and

                             (ii)  a substance covered by a particular item of table 1 or table 2 in section 7B of that Act is a type of synthetic greenhouse gas.

United Nations Convention on the Law of the Sea means the United Nations Convention on the Law of the Sea done at Montego Bay on 10 December 1982.

Note:          The text of the Convention is set out in Australian Treaty Series 1994 No. 31 ([1994] ATS 31). In 2009, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).

unit shortfall has the meaning given by section 130.

upper bound of the national scheme gateway has the meaning given by section 15.

vacancy , in relation to the office of an expert advisory committee member, has a meaning affected by section 7.

vintage year , in relation to an Australian emissions unit, has the meaning given by subsection 85(2).

voluntary cancellation account means a Commonwealth Registry account designated as the voluntary cancellation account for a particular commitment period.

windfall gain declaration means a declaration under section 186.

windfall gain test has the meaning given by section 187.

5A   Extended meaning of supply

                   For the purposes of this Act, if:

                     (a)  a person (the supplier ) makes eligible upstream fuel available to another person (the recipient ) for combustion at a facility; and

                     (b)  apart from this section, making the fuel available is not a supply;

then:

                     (c)  the supplier is taken to supply the fuel to the recipient; and

                     (d)  the supply occurs when the fuel is combusted.

6   When supply occurs

Natural gas distributed or transmitted in a pipeline

             (1)  For the purposes of this Act, if natural gas is distributed or transmitted in a pipeline, the supply of the natural gas occurs:

                     (a)  if the regulations provide that the supply occurs when the gas passes a point ascertained in accordance with the regulations—when the gas passes that point; or

                     (b)  otherwise:

                              (i)  if the supply involves physical delivery—when the gas is physically delivered; or

                             (ii)  if the supply does not involve physical delivery—when property in the gas is transferred.

Other substances

             (2)  For the purposes of this Act:

                     (a)  if the supply of a substance (other than natural gas distributed or transmitted in a pipeline) involves a physical delivery—the supply of the substance occurs when the substance is physically delivered; or

                     (b)  if the supply of a substance (other than natural gas distributed or transmitted in a pipeline) does not involve a physical delivery—the supply of the substance occurs when property in the substance is transferred.

Exception

             (3)  This section does not apply to a supply covered by section 5A.

7   Vacancy in the office of an expert advisory committee member

                   For the purposes of a reference in:

                     (a)  this Act to a vacancy in the office of an expert advisory committee member; or

                     (b)  the Acts Interpretation Act 1901 to a vacancy in the membership of a body;

for each expert advisory committee, there are taken to be 4 offices of expert advisory committee members in addition to the Chair of the expert advisory committee.

8   Electronic notice transmitted to the Authority

             (1)  For the purposes of this Act, a notice is an electronic notice transmitted to the Authority if, and only if:

                     (a)  the notice is transmitted to the Authority by means of an electronic communication; and

                     (b)  if the Authority requires that the notice be transmitted, in accordance with particular information technology requirements, by means of a particular kind of electronic communication—the Authority’s requirement has been met; and

                     (c)  the notice complies with regulations made for the purposes of subsection (2).

             (2)  The regulations may make provision for or in relation to the security and authenticity of notices transmitted to the Authority by means of an electronic communication.

             (3)  Regulations made for the purposes of subsection (2) may deal with:

                     (a)  encryption; and

                     (b)  authentication of identity.

             (4)  Subsection (3) does not limit subsection (2).

             (5)  For the purposes of this Act, if a notice is transmitted to the Authority by means of an electronic communication, the notice is taken to have been transmitted on the day on which the electronic communication is dispatched.

             (6)  Subsection (5) of this section has effect despite subsections 14(3) and (4) of the Electronic Transactions Act 1999 .

             (7)  This section does not, by implication, limit the regulations that may be made under the Electronic Transactions Act 1999 .

9   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 133, 135, 287 or 288.

10   Extension to external Territories

                   This Act extends to every external Territory.

11   Extension to exclusive economic zone and continental shelf

                   This Act extends to a matter relating to the exercise of Australia’s sovereign rights in the exclusive economic zone or the continental shelf.

11A   Extension to Joint Petroleum Development Area

                   This Act extends to the Joint Petroleum Development Area.

Note:          See also sections 22A and 22B (adjustment of provisional emissions number).

12   Application to foreign ships

                   This Act does not apply to the extent that its application would be inconsistent with the exercise of rights of foreign ships in:

                     (a)  the territorial sea; or

                     (b)  the exclusive economic zone; or

                     (c)  waters of the continental shelf;

in accordance with the United Nations Convention on the Law of the Sea.