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Carbon Pollution Reduction Scheme Bill 2009

Part 26 Miscellaneous

   

374   Miscellaneous functions of the Authority

                   The Authority has the following functions:

                     (a)  to monitor compliance with this Act and the associated provisions;

                     (b)  to promote compliance with this Act and the associated provisions;

                     (c)  to conduct and/or co-ordinate education programs about:

                              (i)  this Act and the associated provisions; and

                             (ii)  emissions trading schemes;

                     (d)  to advise the Minister on matters relating to:

                              (i)  this Act and the associated provisions; and

                             (ii)  emissions trading schemes;

                     (e)  to advise and assist persons in relation to their obligations under this Act and the associated provisions;

                      (f)  to advise and assist the representatives of persons in relation to compliance by persons with this Act and the associated provisions;

                     (g)  to liaise with regulatory and other relevant bodies, whether in Australia or elsewhere, about co-operative arrangements for matters relating to:

                              (i)  this Act and the associated provisions; and

                             (ii)  emissions trading schemes;

                     (h)  to collect, analyse, interpret and disseminate statistical information relating to the operation of this Act and the associated provisions.

374A   Computerised decision-making

             (1)  The Authority may, by legislative instrument, arrange for the use, under the Authority’s control, of computer programs for any purposes for which the Authority may, or must, under this Act or the regulations:

                     (a)  make a decision; or

                     (b)  exercise any power or comply with any obligation; or

                     (c)  do anything else related to making a decision or exercising a power or complying with an obligation.

             (2)  For the purposes of this Act and the regulations, the Authority is taken to have:

                     (a)  made a decision; or

                     (b)  exercised a power or complied with an obligation; or

                     (c)  done something else related to the making of a decision or the exercise of a power or the compliance with an obligation;

that was made, exercised, complied with or done by the operation of a computer program under such an arrangement.

375   Delegation by the Minister

             (1)  The Minister may, by writing, delegate any or all of his or her functions or powers under this Act or the regulations to:

                     (a)  the Secretary; or

                     (b)  an SES employee, or acting SES employee, in the Department.

Note:          The expressions SES employee and acting SES employee are defined in section 17AA of the Acts Interpretation Act 1901 .

             (2)  In exercising powers under a delegation, the delegate must comply with any directions of the Minister.

             (3)  Subsection (1) does not apply to a power to make, vary or revoke a legislative instrument.

376   Concurrent operation of State and Territory laws

                   This Act is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.

377   Law relating to legal professional privilege not affected

                   The Act does not affect the law relating to legal professional privilege.

378   Arrangements with States and Territories

States

             (1)  The Minister may make arrangements with a Minister of a State with respect to the administration of this Act, including:

                     (a)  arrangements for the performance of the functions of a magistrate under this Act by a magistrate of that State; and

                     (b)  arrangements for the exercise of the powers conferred by section 236 on relevant land registration officials (within the meaning of that section) of that State; and

                     (c)  arrangements for the exercise of the powers conferred by section 237 on relevant land registration officials (within the meaning of that section) of that State.

             (2)  The Minister may arrange with a Minister of a State with whom an arrangement is in force under subsection (1) for the variation or revocation of the arrangement.

Australian Capital Territory

             (3)  The Minister may make arrangements with a Minister of the Australian Capital Territory with respect to the administration of this Act, including:

                     (a)  arrangements for the performance of the functions of a magistrate under this Act by a magistrate of the Australian Capital Territory; or

                     (b)  arrangements for the exercise of the powers conferred by section 236 on relevant land registration officials (within the meaning of that section) of the Australian Capital Territory; and

                     (c)  arrangements for the exercise of the powers conferred by section 237 on relevant land registration officials (within the meaning of that section) of the Australian Capital Territory.

             (4)  The Minister may arrange with a Minister of the Australian Capital Territory for the variation or revocation of an arrangement in force under subsection (3).

Northern Territory

             (5)  The Minister may make arrangements with a Minister of the Northern Territory with respect to the administration of this Act, including:

                     (a)  arrangements for the performance of the functions of a magistrate under this Act by a magistrate of the Northern Territory; and

                     (b)  arrangements for the exercise of the powers conferred by section 236 on relevant land registration officials (within the meaning of that section) of the Northern Territory; and

                     (c)  arrangements for the exercise of the powers conferred by section 237 on relevant land registration officials (within the meaning of that section) of the Northern Territory.

             (6)  The Minister may arrange with a Minister of the Northern Territory for the variation or revocation of an arrangement in force under subsection (5).

Norfolk Island

             (7)  The Minister may make arrangements with a Minister of Norfolk Island with respect to the administration of this Act, including:

                     (a)  arrangements for the performance of the functions of a magistrate under this Act by a magistrate of Norfolk Island; and

                     (b)  arrangements for the exercise of the powers conferred by section 236 on relevant land registration officials (within the meaning of that section) of Norfolk Island; and

                     (c)  arrangements for the exercise of the powers conferred by section 237 on relevant land registration officials (within the meaning of that section) of Norfolk Island.

             (8)  The Minister may arrange with a Minister of Norfolk Island for the variation or revocation of an arrangement in force under subsection (7).

Gazettal

             (9)  A copy of each instrument by which an arrangement under this section is made, varied or revoked is to be published in the Gazette .

Legislative Instruments Act

           (10)  An instrument by which an arrangement under this section is made, varied or revoked is not a legislative instrument.

379   Liability for damages

                   None of the following:

                     (a)  the Minister;

                     (b)  a delegate of the Minister;

                     (c)  the Authority;

                     (d)  an official of the Authority;

                     (e)  a delegate of the Authority;

                      (f)  a member of an expert advisory committee;

is liable to an action or other proceeding for damages for, or in relation to, an act or matter in good faith done or omitted to be done:

                     (g)  in the performance or purported performance of any function; or

                     (h)  in the exercise or purported exercise of any power;

conferred by this Act or the associated provisions.

380   Executive power of the Commonwealth

                   This Act does not, by implication, limit the executive power of the Commonwealth.

381   Notional payments by the Commonwealth

             (1)  The purpose of this section is to ensure that amounts payable under this Act are notionally payable by the Commonwealth (or parts of the Commonwealth).

             (2)  The Minister responsible for administering the Financial Management and Accountability Act 1997 may give written directions for the purposes of this section, including directions relating to the transfer of amounts within, or between, accounts operated by the Commonwealth.

382   Alternative constitutional basis

             (1)  Without limiting its effect apart from this section, this Act and the associated provisions also have effect as provided by this section.

Limited types of liable entities

             (2)  This Act and the associated provisions also have the effect they would have if:

                     (a)  subsections (3) to (6) had not been enacted; and

                     (b)  each reference in this Act and the associated provisions to a liable entity were, by express provision, confined to a liable entity who is:

                              (i)  a constitutional corporation; or

                             (ii)  the Commonwealth; or

                            (iii)  an authority of the Commonwealth.

Limited types of facilities

             (3)  This Act and the associated provisions also have the effect they would have if subsection (2) had not been enacted and each reference in this Act and the associated provisions to a facility were, by express provision, confined to a facility:

                     (a)  in a Territory; or

                     (b)  outside Australia; or

                     (c)  in a Commonwealth place; or

                     (d)  over which the Commonwealth, or an authority of the Commonwealth, has operational control; or

                     (e)  operated in the course of, or in relation to, any of the following:

                              (i)  trade or commerce between Australia and places outside Australia;

                             (ii)  trade or commerce among the States;

                            (iii)  trade or commerce within a Territory, between a State or Territory or between 2 Territories.

Limited types of supply or re-supply

             (4)  This Act and the associated provisions also have the effect they would have if subsection (2) had not been enacted and each reference in this Act and the associated provisions to supply or re-supply were, by express provision, confined to supply or re-supply:

                     (a)  in a Territory; or

                     (b)  outside Australia; or

                     (c)  in a Commonwealth place; or

                     (d)  by the Commonwealth or an authority of the Commonwealth; or

                     (e)  in the course of, or in relation to, any of the following:

                              (i)  trade or commerce between Australia and places outside Australia;

                             (ii)  trade or commerce among the States;

                            (iii)  trade or commerce within a Territory, between a State or Territory or between 2 Territories.

Limited types of application to own use

             (5)  This Act and the associated provisions also have the effect they would have if subsection (2) had not been enacted and each reference in this Act and the associated provisions to application to own use were, by express provision, confined to application to own use:

                     (a)  in a Territory; or

                     (b)  outside Australia; or

                     (c)  in a Commonwealth place; or

                     (d)  by the Commonwealth or an authority of the Commonwealth; or

                     (e)  in the course of, or in relation to, any of the following:

                              (i)  trade or commerce between Australia and places outside Australia;

                             (ii)  trade or commerce among the States;

                            (iii)  trade or commerce within a Territory, between a State or Territory or between 2 Territories.

Limited types of manufacture or production

             (6)  This Act and the associated provisions also have the effect they would have if subsection (2) had not been enacted and each reference in this Act and the associated provisions to manufacture or production were, by express provision, confined to manufacture or production:

                     (a)  in a Territory; or

                     (b)  outside Australia; or

                     (c)  in a Commonwealth place; or

                     (d)  by the Commonwealth or an authority of the Commonwealth; or

                     (e)  in the course of, or in relation to, any of the following:

                              (i)  trade or commerce between Australia and places outside Australia;

                             (ii)  trade or commerce among the States;

                            (iii)  trade or commerce within a Territory, between a State or Territory or between 2 Territories.

Emissions-intensive trade-exposed assistance program

             (7)  This Act and the associated provisions also have the effect they would have if the reference in subsection 167(1) to the issue of free Australian emissions units were, by express provision, confined to the issue of free Australian emissions units to a person who is:

                     (a)  a constitutional corporation; or

                     (b)  the Commonwealth; or

                     (c)  an authority of the Commonwealth.

Coal-fired electricity generation

             (8)  This Act and the associated provisions also have the effect they would have if this Act provided that a person is not entitled to make an application under section 177 for a certificate of eligibility for coal-fired generation assistance unless the person is:

                     (a)  a constitutional corporation; or

                     (b)  the Commonwealth; or

                     (c)  an authority of the Commonwealth.

Reforestation

             (9)  This Act and the associated provisions also have the effect they would have if each reference in this Act to a carbon sequestration right in relation to a reforestation project were, by express provision, confined to:

                     (a)  a carbon sequestration right held by:

                              (i)  a constitutional corporation; or

                             (ii)  the Commonwealth; or

                            (iii)  an authority of the Commonwealth; or

                     (b)  a carbon sequestration right in relation to a reforestation project, where the project area is, or the project areas are:

                              (i)  in a Territory; or

                             (ii)  in a Commonwealth place.

Destruction of synthetic greenhouse gases

           (10)  This Act and the associated provisions also have the effect they would have if this Act provided that a person is not entitled to make an application under section 246 for a certificate of eligible synthetic greenhouse gas destruction unless the person is:

                     (a)  a constitutional corporation; or

                     (b)  the Commonwealth; or

                     (c)  an authority of the Commonwealth.

383   Compensation for acquisition of property

             (1)  If the operation of this Act or the regulations would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.

             (2)  If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

             (3)  In this section:

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.

384   Prescribing matters by reference to other instruments

             (1)  The regulations may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, a matter contained in an instrument or writing:

                     (a)  as in force or existing at a particular time; or

                     (b)  as in force or existing from time to time.

             (2)  Subsection (1) has effect despite anything in subsection 14(2) of the Legislative Instruments Act 2003 .

             (3)  If the regulations make provision in relation to a matter by applying, adopting or incorporating, with or without modification, a matter contained in an instrument or writing, the Authority must ensure that the text of the matter applied, adopted or incorporated is published on its website.

             (4)  Subsection (3) does not apply if the publication would infringe copyright.

385   Administrative decisions under the regulations

                   The regulations may make provision in relation to a matter by conferring a power to make a decision of an administrative character on the Authority.

386   Transitional—definitions

Scope

             (1)  This section applies to a definition in section 5 if that definition defines an expression to have the same meaning as in the National Greenhouse and Energy Reporting Act 2007 .

Transitional

             (2)  The definition has effect as if the amendments of the National Greenhouse and Energy Reporting Act 2007 made by Part 2 of Schedule 1 to the Carbon Pollution Reduction Scheme (Consequential Amendments) Act 2009 had commenced at the same time as section 3 of this Act.

387   Regulations

                   The Governor-General may make regulations prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.