Commonwealth: Clean Energy (Consequential Amendments) Act 2011 (Cth)

Clean Energy (Consequential Amendments) Act 2011 No. 132, 2011 Compilation No. 3 Compilation date: 12 April 2023 Includes amendments up to: Act No. 14, 2023 Registered: 13 April 2023 About this compilation This compilation This is a compilation of the Clean Energy (Consequential Amendments) Act 2011 that shows the text of the law as amended and in force on 12 April 2023 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents 1 Short title 2 Commencement 3 Schedule(s) Schedule 1—General amendments Part 1—Amendments commencing at the same time as section 3 of the Clean Energy Act 2011 commences Division 1—Amendments Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 Australian National Registry of Emissions Units Act 2011 Australian Securities and Investments Commission Act 2001 Carbon Credits (Carbon Farming Initiative) Act 2011 Competition and Consumer Act 2010 Financial Management and Accountability Regulations 1997 National Greenhouse and Energy Reporting Act 2007 Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 Renewable Energy (Electricity) Act 2000 Taxation Administration Act 1953 Division 2—Transitional provisions Part 2—Amendments commencing on 1 July 2012 Division 1—Amendments Australian National Registry of Emissions Units Act 2011 Australian Securities and Investments Commission Act 2001 Carbon Credits (Carbon Farming Initiative) Act 2011 Competition and Consumer Act 2010 Corporations Act 2001 Evidence Act 1995 Financial Management and Accountability Regulations 1997 National Greenhouse and Energy Reporting Act 2007 Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 Renewable Energy (Electricity) Act 2000 Division 2—Application and transitional provisions Schedule 2—Taxation amendments Part 1—Amendments relating to GST A New Tax System (Goods and Services Tax) Act 1999 Part 2—Amendments commencing at the same time as section 3 of the Clean Energy Act 2011 commences Income Tax Assessment Act 1936 Income Tax Assessment Act 1997 Income Tax (Transitional Provisions) Act 1997 Taxation Administration Act 1953 Schedule 3—Amendments relating to renewable energy certificates Renewable Energy (Electricity) Act 2000 Schedule 4—Amendments relating to the Australian National Registry of Emissions Units Australian National Registry of Emissions Units Act 2011 Schedule 5—Amendments relating to the Carbon Farming Initiative Carbon Credits (Carbon Farming Initiative) Act 2011 Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to deal with consequential matters arising from the enactment of the Clean Energy Act 2011, and for other purposes 1 Short title This Act may be cited as the Clean Energy (Consequential Amendments) Act 2011. 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 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 18 November 2011 2. Schedule 1, Part 1 At the same time as section 3 of the Clean Energy Act 2011 commences. 2 April 2012 3. Schedule 1, Part 2 1 July 2012. 1 July 2012 4. Schedule 2, Part 1 The later of: 10 May 2012 (a) the day after the Treasurer announces by notice in the Gazette that the States, the Australian Capital Territory and the Northern Territory have agreed to amendments made by the provision(s); and (see Gazette 2012, No. GN18) (b) the day section 3 of the Clean Energy Act 2011 commences. (paragraph (a) applies) A notice under paragraph (a) is not a legislative instrument. 5. Schedule 2, Part 2 At the same time as section 3 of the Clean Energy Act 2011 commences. 2 April 2012 7. Schedule 3 The day after this Act receives the Royal Assent. 19 November 2011 8. Schedule 4 The later of: 8 December 2011 (a) the day this Act receives the Royal Assent; and (paragraph (b) applies) (b) the day section 3 of the Australian National Registry of Emissions Units Act 2011 commences. 9. Schedule 5 The later of: 8 December 2011 (a) the day this Act receives the Royal Assent; and (paragraph (b) applies) (b) the day section 3 of the Carbon Credits (Carbon Farming Initiative) Act 2011 commences. Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedule(s) (1) Each Act, and each set of regulations, that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. (2) The amendment of any regulation under subsection (1) does not prevent the regulation, as so amended, from being amended or repealed by the Governor‑General. Schedule 1—General amendments Part 1—Amendments commencing at the same time as section 3 of the Clean Energy Act 2011 commences Division 1—Amendments Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 1 Section 5 Insert: carbon unit has the same meaning as in the Clean Energy Act 2011. 2 Subsection 6(2) (after paragraph (b) of the cell at table item 33, column headed "Provision of a designated service") Insert: (baa) a carbon unit; or 3 Subsection 6(2) (paragraph (d) of the cell at table item 33, column headed "Provision of a designated service") After "derivatives,", insert "carbon units,". Australian National Registry of Emissions Units Act 2011 5 Section 4 (definition of Administrator) Repeal the definition. 6 Section 4 (definition of electronic notice transmitted to the Administrator) Repeal the definition. 7 Section 4 Insert: electronic notice transmitted to the Regulator has the meaning given by section 5. 13 Section 4 Insert: Regulator means the Clean Energy Regulator. 15 Section 5 Omit "Administrator", substitute "Regulator". 43 Subsection 85(1) Omit "his or her", substitute "its". 44 Subsection 85(2) Omit "he or she", substitute "the Regulator". 45 Subsection 85(2) Omit "his or her", substitute "its". 46 Bulk amendments—references to the Administrator etc. The Australian National Registry of Emissions Units Act 2011 is amended as follows: (a) by omitting "the Administrator" (wherever occurring) and substituting "the Regulator"; (b) by omitting "The Administrator" (wherever occurring) and substituting "The Regulator"; (c) by omitting "the Administrator's" (wherever occurring) and substituting "the Regulator's"; (d) by omitting "The Administrator's" (wherever occurring) and substituting "The Regulator's"; (e) by omitting "Administrator" (wherever occurring) and substituting "Regulator"; (f) by omitting "Administrator" (wherever occurring) and substituting "Regulator"; (g) by omitting "Administrator's" (wherever occurring) and substituting "Regulator's". Australian Securities and Investments Commission Act 2001 47 After paragraph 12BAA(7)(k) Insert: (ka) a carbon unit; 48 Paragraph 12BAB(1)(g) After "other than", insert "a carbon unit,". 49 Paragraph 127(2A)(e) Omit "Carbon Credits Administrator", substitute "Clean Energy Regulator". Carbon Credits (Carbon Farming Initiative) Act 2011 51 Section 4 Omit "Carbon Credits Administrator", substitute "Clean Energy Regulator". 52 Section 5 (definition of Administrator) Repeal the definition. 53 Section 5 (definition of electronic notice transmitted to the Administrator) Repeal the definition. 54 Section 5 Insert: electronic notice transmitted to the Regulator has the meaning given by section 7. 55 Section 5 (paragraphs (a) to (e) of the definition of entrusted public official) Repeal the paragraphs. 56 Section 5 (definition of protected Administrator information) Repeal the definition. 57 Section 5 Insert: protected audit information means protected information that was obtained by a person in the person's capacity as: (a) an audit team leader; or (b) a person assisting an audit team leader. 58 Section 5 Insert: Regulator means the Clean Energy Regulator. 59 Subsection 7(1) Omit "Administrator", substitute "Regulator". 61 Subsection 243(1) Omit "his or her", substitute "its". 62 Subsection 243(2) Omit "he or she", substitute "the Regulator". 63 Subsection 243(2) Omit "his or her", substitute "its". 64 Part 25 Repeal the Part. 65 At the end of section 270 Add: Note: See also the Clean Energy Regulator Act 2011, which deals with the use and disclosure of information by officials of the Clean Energy Regulator. 66 Section 274 Repeal the section. 67 Subsection 275(2) Omit "Administrator" (first occurring), substitute "Regulator". 68 Subsection 275(2) Omit "protected Administrator information", substitute "protected audit information". 69 Paragraphs 275(2)(a) to (e) Repeal the paragraphs. 70 Subsection 276(1) Omit "the Administrator is satisfied that particular protected Administrator information", substitute "the Regulator is satisfied that particular protected audit information". 71 Paragraph 276(1)(a) Repeal the paragraph. 72 Subsection 276(2) Repeal the subsection (not including the heading). 73 Paragraphs 276(3)(a) to (d) Repeal the paragraphs. 74 Subsection 276(3) Omit "by the Administrator", substitute "by the Regulator". 75 Subsection 276(3) Omit "protected Administrator information", substitute "protected audit information". 76 Paragraph 276(4)(b) Repeal the paragraph, substitute: (b) protected audit information has been disclosed under subsection (3) to the body; and 77 Subsection 276(5) Omit "Administrator", substitute "Regulator". 78 Subsection 276(6) Repeal the subsection, substitute: Conditions (6) The Regulator may, by writing, impose conditions to be complied with in relation to protected audit information disclosed under subsection (3). 79 Subsection 277(1) Omit "the Administrator is satisfied that particular protected Administrator information", substitute "the Regulator is satisfied that particular protected audit information". 80 Subsection 277(2) Repeal the subsection (not including the heading). 81 Paragraphs 277(3)(a) to (d) Repeal the paragraphs. 82 Subsection 277(3) Omit "by the Administrator", substitute "by the Regulator". 83 Subsection 277(3) Omit "protected Administrator information", substitute "protected audit information". 84 Paragraph 277(4)(b) Repeal the paragraph, substitute: (b) protected audit information has been disclosed under subsection (3) to the body corporate; and 85 Paragraph 277(5)(a) Omit "Administrator", substitute "Regulator". 86 Subsection 277(6) Repeal the subsection, substitute: Conditions (6) The Regulator may, by writing, impose conditions to be complied with by the body corporate and its officers, employees and agents in relation to protected audit information disclosed to the body corporate under subsection (3). 87 Paragraphs 281(a) to (e) Repeal the paragraphs. 88 Paragraphs 281(h) and (i) Omit "protected Administrator information", substitute "protected audit information". 88A Section 282 (heading) Repeal the heading, substitute: 282 Disclosure for purposes of law enforcement—protected audit information 89 Subsection 282(1) Omit "the Administrator is satisfied that disclosure of particular protected Administrator information", substitute "the Regulator is satisfied that disclosure of particular protected audit information". 90 Subsection 282(2) Repeal the subsection (not including the heading). 91 Paragraphs 282(3)(a) to (d) Repeal the paragraphs. 92 Subsection 282(3) Omit "by the Administrator", substitute "by the Regulator". 93 Subsection 282(3) Omit "protected Administrator information", substitute "protected audit information". 94 Paragraph 282(4)(b) Repeal the paragraph, substitute: (b) protected audit information has been disclosed under subsection (3) to the Department, agency, authority or police force, as the case may be; and 95 Paragraph 282(5)(a) Omit "Administrator", substitute "Regulator". 96 Subsection 282(6) Repeal the subsection, substitute: Conditions (6) The Regulator may, by writing, impose conditions to be complied with in relation to protected audit information disclosed under subsection (3). 97 Section 285 Repeal the section. 99 Bulk amendments—references to the Administrator etc. The Carbon Credits (Carbon Farming Initiative) Act 2011 other than the following provisions: (a) the definition of entrusted public official in section 5; (b) the definition of protected Administrator information in section 5; (c) Part 25; (d) sections 274 to 277; (e) sections 281 and 282; (f) section 285; is amended as follows: (g) by omitting "the Administrator" (wherever occurring) and substituting "the Regulator"; (h) by omitting "The Administrator" (wherever occurring) and substituting "The Regulator"; (i) by omitting "the Administrator's" (wherever occurring) and substituting "the Regulator's"; (j) by omitting "The Administrator's" (wherever occurring) and substituting "The Regulator's"; (k) by omitting "Administrator" (wherever occurring) and substituting "Regulator"; (l) by omitting "Administrator's" (wherever occurring) and substituting "Regulator's". Competition and Consumer Act 2010 100 After paragraph 44AAF(3)(c) Insert: (ca) the Clean Energy Regulator; 101 Paragraph 44AAF(3)(d) Omit "(b) or (c)", substitute "(b), (c) or (ca)". 102 Paragraph 155AAA(12)(la) Omit "Carbon Credits Administrator", substitute "Clean Energy Regulator". Financial Management and Accountability Regulations 1997 104 Part 1 of Schedule 1 (after table item 132) Insert: 133 Clean Energy Regulator, comprising: Chair (a) the Chair and the other members of the Clean Energy Regulator; and (b) the staff mentioned in section 36 of the Clean Energy Regulator Act 2011; and (c) the persons whose services are made available to the Clean Energy Regulator under section 37 of that Act; and (d) the consultants engaged under subsection 38(1) of that Act. See Note B 105 Part 1 of Schedule 1 (table item 173) Repeal the item. National Greenhouse and Energy Reporting Act 2007 106 Section 7 (definition of Greenhouse and Energy Data Officer) Repeal the definition. 107 Section 7 (definition of greenhouse and energy information) Omit "Greenhouse and Energy Data Officer", substitute "Regulator". 108 Section 7 Insert: official of the Regulator has the same meaning as in the Clean Energy Regulator Act 2011. 109 Section 7 Insert: protected information has the same meaning as in the Clean Energy Regulator Act 2011. 110 Section 7 Insert: Regulator means the Clean Energy Regulator. 111 Paragraph 9(1)(b) Omit "Greenhouse and Energy Data Officer", substitute "Regulator". 112 Paragraph 11(1)(b) Omit "Greenhouse and Energy Data Officer", substitute "Regulator". 113 Paragraph 15(a) Omit "Greenhouse and Energy Data Officer", substitute "Regulator". 114 Subsections 16(1), (3) and (4) Omit "Greenhouse and Energy Data Officer" (wherever occurring), substitute "Regulator". 115 Subsections 17(1), (2), (3), (3A) and (4) Omit "Greenhouse and Energy Data Officer" (wherever occurring), substitute "Regulator". 116 Subsections 18(1) and (3) Omit "Greenhouse and Energy Data Officer" (wherever occurring), substitute "Regulator". 117 Subsection 18(4) Omit "Greenhouse and Energy Data Officer", substitute "Regulator". 118 Subsection 18(4) Omit "his or her", substitute "the Regulator's". 119 Subsection 18(5) Omit "Greenhouse and Energy Data Officer", substitute "Regulator". 119A Section 19 (heading) Repeal the heading, substitute: 19 Report to be given to the Regulator 120 Subsection 19(1) Omit "Greenhouse and Energy Data Officer" (wherever occurring), substitute "Regulator". 121 Subsections 19(6) and (9) Omit "Greenhouse and Energy Data Officer" (wherever occurring), substitute "Regulator". 122 Subsection 20(1) Omit "Greenhouse and Energy Data Officer", substitute "Regulator". 123 Subsections 20(2) and (3) Omit "Greenhouse and Energy Data Officer", substitute "Regulator". 124 Subsections 20(4) and (5) Omit "Greenhouse and Energy Data Officer" (wherever occurring), substitute "Regulator". 125 Subsection 21(1) Omit "Greenhouse and Energy Data Officer" (wherever occurring), substitute "Regulator". 126 Subsection 21(4) (note) Omit "Greenhouse and Energy Data Officer", substitute "Regulator". 127 Subsection 21(6) Omit "Greenhouse and Energy Data Officer" (wherever occurring), substitute "Regulator". 128 Subsection 21A(1) Omit "Greenhouse and Energy Data Officer", substitute "Regulator". 129 Subsection 21A(2) (note) Omit "Greenhouse and Energy Data Officer", substitute "Regulator". 130 Subsection 21A(3) Omit "Greenhouse and Energy Data Officer" (wherever occurring), substitute "Regulator". 131 Paragraphs 22(1)(b) and (2)(b) Omit "Greenhouse and Energy Data Officer", substitute "Regulator". 131A Section 22G (heading) Repeal the heading, substitute: 22G Report to be given to the Regulator 132 Subsections 22G(1) and (2) Omit "Greenhouse and Energy Data Officer" (wherever occurring), substitute "Regulator". 133 Subsection 22G(5) Omit "Greenhouse and Energy Data Officer", substitute "Regulator". 134 Paragraph 22H(1)(b) Omit "Greenhouse and Energy Data Officer", substitute "Regulator". 135 Subsection 22K(2) Omit "Greenhouse and Energy Data Officer", substitute "Regulator". 136 Paragraph 22K(5)(b) Omit "Greenhouse and Energy Data Officer", substitute "Regulator". 137 Subsection 22KA(1) Omit "Greenhouse and Energy Data Officer" (wherever occurring), substitute "Regulator". 138 Subsection 22KA(2) Omit "Greenhouse and Energy Data Officer", substitute "Regulator". 139 Subsection 22L(2) Omit "Greenhouse and Energy Data Officer", substitute "Regulator". 140 Subsections 22L(3), (4) and (5) Omit "Greenhouse and Energy Data Officer" (wherever occurring), substitute "Regulator". 141 Subsections 22N(2) and (3) Omit "Greenhouse and Energy Data Officer", substitute "Regulator". 142 Subsection 22N(4) Omit "Greenhouse and Energy Data Officer" (wherever occurring), substitute "Regulator". 143 Subsection 22P(2) Omit "Greenhouse and Energy Data Officer" (wherever occurring), substitute "Regulator". 144 After paragraph 23(1)(a) Insert: (aa) the information is not protected information; and 145 Paragraphs 23(2)(a) and (b) Repeal the paragraphs. 145A Paragraph 23(2)(g) Omit "is disclosed under section 26", substitute "was disclosed under repealed section 26". 146 At the end of section 23 Add: Note: See also Part 3 of the Clean Energy Regulator Act 2011 (secrecy obligations of officials of the Regulator). 147 Subsections 24(1) and (1A) Omit "Greenhouse and Energy Data Officer", substitute "Regulator". 148 Subsection 24(1AD) Omit "Greenhouse and Energy Data Officer" (wherever occurring), substitute "Regulator". 149 Subsections 24(1AE), (1B) and (1C) Omit "Greenhouse and Energy Data Officer", substitute "Regulator". 150 Subsection 24(1C) Omit "he or she", substitute "the Regulator". 151 Subsection 24(1F) Omit "Greenhouse and Energy Data Officer", substitute "Regulator". 152 Subsection 24(1G) Omit "Greenhouse and Energy Data Officer" (wherever occurring), substitute "Regulator". 153 Subsections 24(2) and (3) Omit "Greenhouse and Energy Data Officer", substitute "Regulator". 153A Subsections 24(5) and (6) Repeal the subsections, substitute: Publication by States or Territories (5) A State or Territory, or an authority of a State or Territory, may publish information disclosed to it under subsection 27(1) if the publication of the information is required under a law of the State or Territory. (5A) A State or Territory, or an authority of a State or Territory, may publish information disclosed to it under subsection 27(1) if the information is in an aggregated form that does not disclose, either directly or indirectly, information about a specific: (a) registered corporation; or (b) registered corporation's group; or (c) non‑corporate entity; or (d) facility. Publication by other persons (6) A person may publish greenhouse and energy information disclosed to it under Part 3 of the Clean Energy Regulator Act 2011 if the information is in an aggregated form that does not disclose, either directly or indirectly, information about a specific: (a) registered corporation; or (b) registered corporation's group; or (c) non‑corporate entity; or (d) facility. 154 Subsections 25(1), (2), (3) and (4) Omit "Greenhouse and Energy Data Officer", substitute "Regulator". 155 Section 26 Repeal the section. 158 Subsections 27(1), (1A) and (2) Omit "Greenhouse and Energy Data Officer" (wherever occurring), substitute "Regulator". 159 Subsections 28(1), (2) and (3) Omit "Greenhouse and Energy Data Officer", substitute "Regulator". 160 Subsection 31(1) Omit "Greenhouse and Energy Data Officer", substitute "Regulator". 161 Subsection 39(1) Omit "Greenhouse and Energy Data Officer" (wherever occurring), substitute "Regulator". 162 Paragraph 40(1)(c) Omit "Greenhouse and Energy Data Officer" (wherever occurring), substitute "Regulator". 163 Subsection 42(2) Omit "Greenhouse and Energy Data Officer", substitute "Regulator". 164 Subsections 45(1), (3) and (4) Omit "Greenhouse and Energy Data Officer", substitute "Regulator". 165 Subsections 46(1) and (2) Omit "Greenhouse and Energy Data Officer" (wherever occurring), substitute "Regulator". 166 Division 1 of Part 6 Repeal the Division. 167 Division 2 of Part 6 (heading) Repeal the heading, substitute: Division 2—Decisions by the Regulator 167A Section 54 (heading) Repeal the heading, substitute: 54 Regulator may declare facility 168 Subsection 54(1) Omit "Greenhouse and Energy Data Officer", substitute "Regulator". 169 Paragraph 54(1)(b) Omit "his or her", substitute "the Regulator's". 170 Subsections 54(2), (3), (4) and (5) Omit "Greenhouse and Energy Data Officer", substitute "Regulator". 171 Subsection 54(5) Omit "he or she" (wherever occurring), substitute "the Regulator". 171A Section 55 (heading) Repeal the heading, substitute: 55 Regulator may declare corporation etc. has operational control 172 Subsection 55(1) Omit "Greenhouse and Energy Data Officer", substitute "Regulator". 173 Paragraph 55(1)(b) Omit "his or her", substitute "the Regulator's". 174 Paragraph 55(2)(d) Omit "Greenhouse and Energy Data Officer", substitute "Regulator". 175 Subsection 55(3) Omit "Greenhouse Energy and Data Officer", substitute "Regulator". 176 Subsections 55(4) and (5) Omit "Greenhouse and Energy Data Officer", substitute "Regulator". 177 Subsection 55(5) Omit "he or she" (wherever occurring), substitute "the Regulator". 178 Section 56 Omit "Greenhouse and Energy Data Officer", substitute "Regulator". 179 Subsections 57(1) and (2) Omit "Greenhouse and Energy Data Officer", substitute "Regulator". 180 Subsections 58(1) and (2) Omit "Greenhouse and Energy Data Officer", substitute "Regulator". 181 Subsections 71(1), (2) and (4) Omit "Greenhouse and Energy Data Officer" (wherever occurring), substitute "Regulator". 182 Subsection 73(1) Omit "Greenhouse and Energy Data Officer", substitute "Regulator". 183 Subsection 73(2) Omit "Greenhouse and Energy Data Officer" (wherever occurring), substitute "Regulator". 184 Subsection 73(5) Omit "Greenhouse and Energy Data Officer", substitute "Regulator". 185 Subsection 73A(1) Omit "Greenhouse and Energy Data Officer", substitute "Regulator". 186 Subsection 73A(2) Omit "Greenhouse and Energy Data Officer" (wherever occurring), substitute "Regulator". 187 Subsection 73A(5) Omit "Greenhouse and Energy Data Officer", substitute "Regulator". 188 Subsections 74(1) and (2) Omit "Greenhouse and Energy Data Officer", substitute "Regulator". 189 Subsections 74A(1) and (2) Omit "Greenhouse and Energy Data Officer", substitute "Regulator". 190 Subsections 75A(1), (2), (3), (4) and (7) Omit "Greenhouse and Energy Data Officer", substitute "Regulator". 191 Subsection 75A(7) Omit "Greenhouse and Energy Data Officer's", substitute "Regulator's". 192 Subsection 75A(8) Omit "Greenhouse and Energy Data Officer", substitute "Regulator". Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 194 After section 67A Insert: 67B Disclosure of information to the Clean Energy Regulator Scope (1) This section applies to information obtained under this Act or the regulations. Disclosure (2) The Minister may disclose the information to the Clean Energy Regulator for the purposes of, or in connection with, the performance of the functions, or the exercise of the powers, of the Clean Energy Regulator. Other powers of disclosure not limited (3) This section does not, by implication, limit the Minister's powers to disclose the information to a person other than the Clean Energy Regulator. Renewable Energy (Electricity) Act 2000 195 Subsection 5(1) (definition of Office of the Renewable Energy Regulator) Repeal the definition. 196 Subsection 5(1) Insert: official of the Regulator has the same meaning as in the Clean Energy Regulator Act 2011. 197 Subsection 5(1) (definition of protected document) Repeal the definition. 198 Subsection 5(1) (definition of protected information) Repeal the definition. 199 Subsection 5(1) (definition of Regulator) Omit "Renewable Energy Regulator (see section 142)", substitute "Clean Energy Regulator". 200 Subsection 5(1) (definition of senior employee) Omit "Office of the Renewable Energy Regulator", substitute "Regulator". 201 Subsection 5(1) (definition of senior officer) Repeal the definition, substitute: senior officer of the Regulator means a person who: (a) is a member of the staff of the Regulator; and (b) either: (i) is an SES employee or acting SES employee; or (ii) holds or performs the duties of an Executive Level 2 position or an equivalent position. 202 Subsection 5(1) Insert: staff of the Regulator has the same meaning as in the Clean Energy Regulator Act 2011. 203 Subsection 30D(5) Omit "he or she", substitute "the Regulator". 204 Subsection 107(1) Omit "an officer or employee of the Office of the Renewable Energy Regulator", substitute "a member of the staff of the Regulator". 205 Part 12 (heading) Repeal the heading, substitute: Part 12—Publication of information 206 Sections 126 to 133 Repeal the sections. 207 Part 14 Repeal the Part. 207A Subsection 156(1) (heading) Repeal the heading, substitute: Delegation to senior officers of the Regulator 208 Subsection 156(1) Omit "Office of the Renewable Energy Regulator", substitute "Regulator". 209 Section 158 Repeal the section. 210 Paragraph 159(1)(b) Omit "the Regulator", substitute "an official of the Regulator". 211 Subsection 159(2) Omit "the Regulator" (first occurring), substitute "an official of the Regulator". 212 Subsections 159(3) and (4) Omit "the Regulator", substitute "an official of the Regulator". Taxation Administration Act 1953 212A Subsection 355‑65(7) in Schedule 1 (at the end of the table) Add: 3 the Clean Energy Regulator is for the purpose of: (a) a *taxation officer seeking verification from the Regulator of information provided to the Commissioner under or for the purposes of the Fuel Tax Act 2006; or (b) administering the Clean Energy Act 2011 or the associated provisions (within the meaning of that Act). Division 2—Transitional provisions 214 Transitional—acts of the Greenhouse and Energy Data Officer to be attributed to the Clean Energy Regulator (1) This item applies to anything done by, or in relation to, the Greenhouse and Energy Data Officer under the National Greenhouse and Energy Reporting Act 2007, or under regulations under that Act, before the commencement of this item. (2) The National Greenhouse and Energy Reporting Act 2007 and those regulations have effect, after that commencement, as if the thing had been done by, or in relation to, the Clean Energy Regulator. 215 Transitional—acts of the Renewable Energy Regulator to be attributed to the Clean Energy Regulator (1) This item applies to anything done by, or in relation to, the Renewable Energy Regulator under the Renewable Energy (Electricity) Act 2000, or under regulations under that Act, before the commencement of this item. (2) The Renewable Energy (Electricity) Act 2000 and those regulations have effect, after that commencement, as if the thing had been done by, or in relation to, the Clean Energy Regulator. 215A Transitional—acts of the Carbon Credits Administrator to be attributed to the Clean Energy Regulator (1) This item applies to anything done by, or in relation to, the Carbon Credits Administrator under: (a) the Carbon Credits (Carbon Farming Initiative) Act 2011 or regulations under that Act; or (b) the Australian National Registry of Emissions Units Act 2011 or regulations under that Act; before the commencement of this item. (2) Those Acts and regulations have effect, after that commencement, as if the thing had been done by, or in relation to, the Clean Energy Regulator. 216 Transitional—substitution of the Clean Energy Regulator as a party in certain proceedings (1) This item applies to proceedings to which the Greenhouse and Energy Data Officer, the Renewable Energy Regulator or the Carbon Credits Administrator was a party and that were pending in any court or tribunal immediately before the commencement of this item. (2) The Clean Energy Regulator is substituted for the Greenhouse and Energy Data Officer, the Renewable Energy Regulator or the Carbon Credits Administrator, as the case requires, from that commencement, as a party to those proceedings. 217 Transitional—transfer of records to the Clean Energy Regulator (1) This item applies to any records or documents that: (a) were in the possession of the Greenhouse and Energy Data Officer, the Renewable Energy Regulator or the Carbon Credits Administrator immediately before the commencement of this item; and (b) relate to the Greenhouse and Energy Data Officer, the Renewable Energy Regulator, the Office of the Renewable Energy Regulator or the Carbon Credits Administrator. (2) The records and documents are to be transferred to the Clean Energy Regulator after the commencement of this item. 218 Transitional—transfer of Ombudsman investigations If: (a) before the commencement of this item, a complaint was made to the Ombudsman, or the Ombudsman began an investigation, under the Ombudsman Act 1976 in relation to action taken by the Greenhouse and Energy Data Officer, the Renewable Energy Regulator or the Carbon Credits Administrator; and (b) immediately before the commencement of this item, the Ombudsman had not finally disposed of the matter in accordance with the Ombudsman Act 1976; the Ombudsman Act 1976 applies after the commencement of this item as if that action had been taken by the Clean Energy Regulator. 221 Transitional—documents signed by the Renewable Energy Regulator (1) Despite the repeal of section 158 of the Renewable Energy (Electricity) Act 2000 by this Part, that section continues to apply, in relation to a person who held the office of the Renewable Energy Regulator at any time before the commencement of this item, as if that repeal had not happened. (2) Despite the amendments of section 159 of the Renewable Energy (Electricity) Act 2000 made by this Part, that section continues to apply, in relation to documents or certificates signed by the Renewable Energy Regulator before the commencement of this item, as if those amendments had not been made. 222 Transitional—references in instruments (1) For the purposes of this item, an eligible instrument is an instrument that: (a) was in force immediately before the commencement of this item; and (b) contains a reference to the Greenhouse and Energy Data Officer, the Renewable Energy Regulator or the Carbon Credits Administrator. (2) The Minister may, by legislative instrument, declare that a specified eligible instrument has effect as if each reference in the instrument to the Greenhouse and Energy Data Officer, the Renewable Energy Regulator or the Carbon Credits Administrator, as the case may be, were a reference to the Clean Energy Regulator. 223 Transitional—employees of the Clean Energy Regulator Transferring employees (1) For the purposes of this item, a person is a transferring employee if: (a) the person was an APS employee in: (i) the Department; or (ii) the Office of the Renewable Energy Regulator; immediately before the transition time; and (b) the person is covered by a determination that: (i) is made under section 72 of the Public Service Act 1999; and (ii) causes the person, at the transition time, to become an APS employee in the Clean Energy Regulator. (2) If: (a) a person is a transferring employee; and (b) immediately before the transition time, a designated agreement applied to the person's employment in the Department or the Office of the Renewable Energy Regulator, as the case may be; then: (c) the designated agreement (as in force immediately before the transition time) covers the Commonwealth and the transferring employee in relation to the transferring employee's employment in the Clean Energy Regulator; and (d) the designated agreement has effect after the transition time, in relation to the transferring employee's employment in the Clean Energy Regulator, as if it had been made by the Chair of the Clean Energy Regulator on behalf of the Commonwealth; and (e) if: (i) an enterprise agreement commences after the transition time; and (ii) the enterprise agreement was made by the Chair of the Clean Energy Regulator on behalf of the Commonwealth; and (iii) the enterprise agreement covers the Commonwealth and the transferring employee in relation to the transferring employee's employment in the Clean Energy Regulator; paragraphs (c) and (d) cease to apply in relation to the transferring employee when the enterprise agreement commences. (3) If: (a) a person is a transferring employee; and (b) immediately before the transition time, a determination under subsection 24(1) of the Public Service Act 1999 applied to the person's employment in: (i) the Department; or (ii) the Office of the Renewable Energy Regulator; then: (c) the determination (to the extent to which it relates to the transferring employee) has effect after the transition time, in relation to the transferring employee's employment in the Clean Energy Regulator, as if: (i) the determination had been made by the Chair of the Clean Energy Regulator; and (ii) the determination were applicable to the person's employment in the Clean Energy Regulator; and (d) paragraph (c) does not prevent the variation or revocation of the determination. New employees (4) For the purposes of this item, a person is a new employee if: (a) the person is an APS employee in the Clean Energy Regulator; and (b) the person is not a transferring employee. (5) If: (a) a designated agreement covers the Commonwealth because of subitem (2); and (b) after the transition time, a person becomes a new employee; and (c) either: (i) the designated agreement would have covered the Commonwealth and the new employee in relation to the new employee's employment in the Department if the new employee had been an APS employee at the same level in the Department immediately before the transition time; or (ii) the designated agreement would have covered the Commonwealth and the new employee in relation to the new employee's employment in the Office of the Renewable Energy Regulator if the new employee had been an APS employee at the same level in the Office of the Renewable Energy Regulator immediately before the transition time; and (d) the Chair of the Clean Energy Regulator, by written notice given to the new employee before or within 14 days after the person becomes a new employee, determines that the designated agreement is applicable to the new employee for the purposes of this subitem from the time when the person becomes a new employee; then: (e) the designated agreement (as in force immediately before the transition time) covers the Commonwealth and the new employee in relation to the new employee's employment in the Clean Energy Regulator; and (f) the designated agreement has effect after the transition time, in relation to the new employee's employment in the Clean Energy Regulator, as if it had been made by the Chair of the Clean Energy Regulator on behalf of the Commonwealth; and (g) if: (i) an enterprise agreement commences after the transition time; and (ii) the enterprise agreement was made by the Chair of the Clean Energy Regulator on behalf of the Commonwealth; and (iii) the enterprise agreement covers the Commonwealth and the new employee in relation to the new employee's employment in the Clean Energy Regulator; paragraphs (e) and (f) cease to apply in relation to the new employee when the enterprise agreement commences. Delegation (6) The Chair of the Clean Energy Regulator may, in writing, delegate the power conferred by paragraph (5)(d) to: (a) a member of the Clean Energy Regulator; or (b) a person who is: (i) a member of the staff of the Clean Energy Regulator; and (ii) an SES employee or acting SES employee; or (c) a person who is: (i) a member of the staff of the Clean Energy Regulator; and (ii) an APS employee who holds or performs the duties of an Executive Level 2 position or an equivalent position; or (d) a person who is: (i) an APS employee in the Department; and (ii) a person assisting the Clean Energy Regulator under section 37 of the Clean Energy Regulator Act 2011. Note: The expressions SES employee and acting SES employee are defined in the Acts Interpretation Act 1901. Legislative instrument (7) A determination made under paragraph (5)(d) is not a legislative instrument. Definitions (8) In this item: commence, in relation to an enterprise agreement, means begin to operate. covers has the same meaning as in the Fair Work Act 2009. designated agreement means: (a) the Department of Climate Change Collective Agreement 2009‑2011; or (b) the Office of the Renewable Energy Regulator Enterprise Agreement 2009‑2011; or (c) an enterprise agreement. enterprise agreement has the same meaning as in the Fair Work Act 2009. transition time means the commencement of this item. 224 Transitional—regulations relating to the transfer of APS employees to the Clean Energy Regulator The Governor‑General may make regulations providing for matters of a transitional nature in relation to the transfer of APS employees from: (a) the Department; or (b) the Office of the Renewable Energy Regulator; to the Clean Energy Regulator. 225 Transitional—employees of the Climate Change Authority Transferring employees (1) For the purposes of this item, a person is a transferring employee if: (a) the person was an APS employee in: (i) the Department; or (ii) the Office of the Renewable Energy Regulator; immediately before the transition time; and (b) the person is covered by a determination that: (i) is made under section 72 of the Public Service Act 1999; and (ii) causes the person, at the transition time, to become an APS employee in the Climate Change Authority. (2) If: (a) a person is a transferring employee; and (b) immediately before the transition time, a designated agreement applied to the person's employment in the Department or the Office of the Renewable Energy Regulator, as the case may be; then: (c) the designated agreement (as in force immediately before the transition time) covers the Commonwealth and the transferring employee in relation to the transferring employee's employment in the Climate Change Authority; and (d) the designated agreement has effect after the transition time, in relation to the transferring employee's employment in the Climate Change Authority, as if it had been made by the Chief Executive Officer of the Climate Change Authority on behalf of the Commonwealth; and (e) if: (i) an enterprise agreement commences after the transition time; and (ii) the enterprise agreement was made by the Chief Executive Officer of the Climate Change Authority on behalf of the Commonwealth; and (iii) the enterprise agreement covers the Commonwealth and the transferring employee in relation to the transferring employee's employment in the Climate Change Authority; paragraphs (c) and (d) cease to apply in relation to the transferring employee when the enterprise agreement commences. (3) If: (a) a person is a transferring employee; and (b) immediately before the transition time, a determination under subsection 24(1) of the Public Service Act 1999 applied to the person's employment in: (i) the Department; or (ii) the Office of the Renewable Energy Regulator; then: (c) the determination (to the extent to which it relates to the transferring employee) has effect after the transition time, in relation to the transferring employee's employment in the Climate Change Authority, as if: (i) the determination had been made by the Chief Executive Officer of the Climate Change Authority; and (ii) the determination were applicable to the person's employment in the Climate Change Authority; and (d) paragraph (c) does not prevent the variation or revocation of the determination. New employees (4) For the purposes of this item, a person is a new employee if: (a) the person is an APS employee in the Climate Change Authority; and (b) the person is not a transferring employee. (5) If: (a) a designated agreement covers the Commonwealth because of subitem (2); and (b) after the transition time, a person becomes a new employee; and (c) either: (i) the designated agreement would have covered the Commonwealth and the new employee in relation to the new employee's employment in the Department if the new employee had been an APS employee at the same level in the Department immediately before the transition time; or (ii) the designated agreement would have covered the Commonwealth and the new employee in relation to the new employee's employment in the Office of the Renewable Energy Regulator if the new employee had been an APS employee at the same level in the Office of the Renewable Energy Regulator immediately before the transition time; and (d) the Chief Executive Officer of the Climate Change Authority, by written notice given to the new employee before or within 14 days after the person becomes a new employee, determines that the designated agreement is applicable to the new employee for the purposes of this subitem from the time when the person becomes a new employee; then: (e) the designated agreement (as in force immediately before the transition time) covers the Commonwealth and the new employee in relation to the new employee's employment in the Climate Change Authority; and (f) the designated agreement has effect after the transition time, in relation to the new employee's employment in the Climate Change Authority, as if it had been made by the Chief Executive Officer of the Climate Change Authority on behalf of the Commonwealth; and (g) if: (i) an enterprise agreement commences after the transition time; and (ii) the enterprise agreement was made by the Chief Executive Officer of the Climate Change Authority on behalf of the Commonwealth; and (iii) the enterprise agreement covers the Commonwealth and the new employee in relation to the new employee's employment in the Climate Change Authority; paragraphs (e) and (f) cease to apply in relation to the new employee when the enterprise agreement commences. Delegation (6) The Chief Executive Officer of the Climate Change Authority may, in writing, delegate the power conferred by paragraph (5)(d) to: (a) a person who is: (i) a member of the staff of the Climate Change Authority; and (ii) an SES employee or acting SES employee; or (b) a person who is: (i) an SES employee, or acting SES employee, in the Department; and (ii) a person assisting the Climate Change Authority under section 53 of the Climate Change Authority Act 2011; or (c) a person who: (i) is an APS employee in the Department; and (ii) is a person assisting the Climate Change Authority under section 53 of the Climate Change Authority Act 2011; and (iii) holds or performs the duties of an Executive Level 2 position or an equivalent position. Note: The expressions SES employee and acting SES employee are defined in the Acts Interpretation Act 1901. Legislative instrument (7) A determination made under paragraph (5)(d) is not a legislative instrument. Definitions (8) In this item: commence, in relation to an enterprise agreement, means begin to operate. covers has the same meaning as in the Fair Work Act 2009. designated agreement means: (a) the Department of Climate Change Collective Agreement 2009‑2011; or (b) the Office of the Renewable Energy Regulator Enterprise Agreement 2009‑2011; or (c) an enterprise agreement. enterprise agreement has the same meaning as in the Fair Work Act 2009. transition time means the start of 1 July 2012. 226 Transitional—regulations relating to the transfer of APS employees to the Climate Change Authority The Governor‑General may make regulations providing for matters of a transitional nature in relation to the transfer of APS employees from: (a) the Department; or (b) the Office of the Renewable Energy Regulator; to the Climate Change Authority. 227 Separate agreements relating to employment (1) If either or both of the following conditions are satisfied: (a) under either or both of subitems 223(2) and (5), a designated agreement covers the Commonwealth and one or more employees in relation to their employment in the Clean Energy Regulator; (b) under either or both of subitems 225(2) and (5), a designated agreement covers the Commonwealth and one or more employees in relation to their employment in the Climate Change Authority; the Fair Work Act 2009 and the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 have effect as if the following were separate agreements: (c) the designated agreement, in so far as it has the coverage mentioned in paragraph (a); (d) the designated agreement, in so far as it has the coverage mentioned in paragraph (b); (e) the designated agreement, in so far as it has neither the coverage mentioned in paragraph (a) nor the coverage mentioned in paragraph (b). Definitions (2) In this item: covers has the same meaning as in the Fair Work Act 2009. designated agreement means: (a) the Department of Climate Change Collective Agreement 2009‑2011; or (b) the Office of the Renewable Energy Regulator Enterprise Agreement 2009‑2011; or (c) an enterprise agreement. enterprise agreement has the same meaning as in the Fair Work Act 2009. 228 Transitional—regulations The Governor‑General may make regulations in relation to transitional matters arising out of the amendments made by this Part. Part 2—Amendments commencing on 1 July 2012 Division 1—Amendments Australian National Registry of Emissions Units Act 2011 229 Section 3 Omit: • Entries may be made in Registry accounts for: (a) Australian carbon credit units; and (b) Kyoto units; and (c) prescribed international units. substitute: • Entries may be made in Registry accounts for: (a) carbon units; and (b) Australian carbon credit units; and (c) Kyoto units; and (d) prescribed international units. 230 Section 4 Insert: carbon unit has the same meaning as in the Clean Energy Act 2011. 231 Section 4 Insert: fixed charge year has the same meaning as in the Clean Energy Act 2011. 232 Section 4 (definition of hold) Repeal the definition, substitute: hold: a person holds a carbon unit or an Australian carbon credit unit if the person is the registered holder of the unit. 233 Section 4 Insert: Information Database has the same meaning as in the Clean Energy Act 2011. 234 Section 4 (definition of issue) Repeal the definition, substitute: issue: (a) in relation to a carbon unit—has the same meaning as in the Clean Energy Act 2011; or (b) in relation to an Australian carbon credit unit—has the same meaning as in the Carbon Credits (Carbon Farming Initiative) Act 2011. 235 Section 4 (before paragraph (a) of the definition of registered holder) Insert: (aa) a carbon unit; or 236 Section 4 Insert: vintage year has the same meaning as in the Clean Energy Act 2011. 237 Paragraph 9(4)(a) Omit "Australian carbon credit units", substitute "carbon units, Australian carbon credit units and prescribed international units". 238 Paragraph 11(5)(a) After "any", insert "carbon units or". 239 After section 14 Insert: 14A Units in certain accounts cannot be surrendered (1) The regulations may provide that, if there is an entry for a Kyoto unit in a specified Commonwealth Registry account, the unit cannot be surrendered under the Clean Energy Act 2011. (2) Regulations made for the purposes of subsection (1) have effect despite any other provision of the Clean Energy Act 2011. 240 After paragraph 15(2)(a) Insert: (aa) there are no entries for any carbon units in the account; and 241 After subsection 16(2) Insert: Cancellation or transfer of units (2A) The regulations may provide that, if immediately before the Regulator closes a Registry account under regulations made for the purposes of subsection (1), there is an entry for a carbon unit in the account, the unit is cancelled. 241A Subsection 16(3) (heading) Repeal the heading. 242 Before subsection 17(1) Insert: Carbon units (1A) An entry for a carbon unit in a Registry account may be made in accordance with the Clean Energy Act 2011. 242A Before subsection 19(4) Insert: (3B) The Regulator must not exercise the power conferred by subsection (1) of this section in a manner contrary to section 103A of the Clean Energy Act 2011. 242B Before subsection 22(5) Insert: (4B) The court must not make an order that is contrary to section 103A of the Clean Energy Act 2011. 243 Before subparagraph 26(3)(a)(i) Insert: (ia) carbon units; or 244 Before paragraph 28A(1)(a) Insert: (aa) carbon units; or 245 After paragraph 28A(4)(a) Insert: (aa) anything in the Clean Energy Act 2011; or 246 Before paragraph 28B(1)(a) Insert: (aa) carbon units; or 247 After paragraph 28B(11)(a) Insert: (aa) anything in the Clean Energy Act 2011; or 248 Subsection 28B(11) (at the end of the note) Add: ; and (e) subsection 109(2) of the Clean Energy Act 2011. 249 After paragraph 28C(17)(a) Insert: (aa) anything in the Clean Energy Act 2011; or 250 Subparagraph 28D(5)(a)(ii) After "issue any", insert "carbon units or". 251 Paragraph 28D(5)(b) Repeal the paragraph, substitute: (b) none of the following notices have effect: (i) a notice to surrender eligible emissions units under section 122 of the Clean Energy Act 2011; (ii) a notice to relinquish carbon units under section 210 of the Clean Energy Act 2011; (iii) a notice to relinquish Australian carbon credit units under section 175 of the Carbon Credits (Carbon Farming Initiative) Act 2011. 252 After paragraph 28D(16)(a) Insert: (aa) anything in the Clean Energy Act 2011; or 253 Section 58 Repeal the section, substitute: 58 Simplified outline The following is a simplified outline of this Part: • The Regulator must publish certain information about: (a) the holders of Registry accounts; and (b) carbon units; and (c) Kyoto units; and (d) prescribed international units. 254 After section 61 Insert: 61A Information about number of voluntarily cancelled carbon units As soon as practicable after one or more carbon units held by a person are cancelled under section 64A, the Regulator must publish on the Regulator's website: (a) the name of the person; and (b) the total number of carbon units cancelled. 61B Information about number of voluntarily cancelled Australian carbon credit units As soon as practicable after one or more Australian carbon credit units held by a person are cancelled under section 64B, the Regulator must publish on the Regulator's website: (a) the name of the person; and (b) the total number of Australian carbon credit units cancelled. 255 At the end of Part 5 Add: 63A Number of voluntarily cancelled units to be entered in the Information Database Scope (1) This section applies if there is an entry for a person in the Information Database in relation to an eligible financial year (within the meaning of the Clean Energy Act 2011). Carbon units (2) As soon as practicable after one or more carbon units held by the person are cancelled under section 64A, the Regulator must enter in the Information Database the total number of carbon units cancelled. Australian carbon credit units (3) As soon as practicable after one or more Australian carbon credit units held by the person are cancelled under section 64B, the Regulator must enter in the Information Database the total number of Australian carbon credit units cancelled. Kyoto units (4) As soon as practicable after one or more Kyoto units held by the person are transferred under section 65 to a voluntary cancellation account, the Regulator must enter in the Information Database the total number of Kyoto units transferred. Prescribed international units (5) As soon as practicable after one or more prescribed international units held by the person are cancelled under section 66, the Regulator must enter in the Information Database the total number of prescribed international units cancelled. 256 Section 64 Repeal the section, substitute: 64 Simplified outline The following is a simplified outline of this Part: • If a person is the registered holder of one or more carbon units, the person may request the Regulator to cancel any or all of those units. However, this rule does not apply to a unit that was issued for a fixed charge and has a vintage year that is a fixed charge year. • If a person is the registered holder of one or more Australian carbon credit units, the person may request the Regulator to cancel any or all of those units. • If a person is the registered holder of one or more Kyoto units, the person may request the Regulator to transfer to a voluntary cancellation account any or all of those units. • If a person is the registered holder of one or more prescribed international units, the person may request the Regulator to cancel any or all of those units. 64A Voluntary cancellation of carbon units (1) If a person is the registered holder of one or more carbon units, the person may, by electronic notice transmitted to the Regulator, request the Regulator to cancel any or all of those units. (2) A notice under subsection (1) must: (a) specify the carbon unit or units that are to be cancelled; and (b) specify the account number or account numbers of the person's Registry account, or the person's Registry accounts, in which there is an entry or entries for the carbon unit or units that are to be cancelled. (3) A person is not entitled to request the Regulator to cancel a carbon unit that: (a) was issued in accordance with section 100 of the Clean Energy Act 2011; or (b) has a vintage year that is a fixed charge year. (4) If the Regulator receives a notice under subsection (1) in relation to a carbon unit: (a) the unit is cancelled; and (b) the Regulator must remove the entry for the unit from the person's Registry account in which there is an entry for the unit. (5) The Registry must set out a record of each notice under subsection (1). 64B Voluntary cancellation of Australian carbon credit units (1) If a person is the registered holder of one or more Australian carbon credit units, the person may, by electronic notice transmitted to the Regulator, request the Regulator to cancel any or all of those units. (2) A notice under subsection (1) must: (a) specify the Australian carbon credit unit or units that are to be cancelled; and (b) specify the account number or account numbers of the person's Registry account, or the person's Registry accounts, in which there is an entry or entries for the Australian carbon credit unit or units that are to be cancelled. (3) If the Regulator receives a notice under subsection (1) in relation to an Australian carbon credit unit: (a) the unit is cancelled; and (b) the Regulator must remove the entry for the unit from the person's Registry account in which there is an entry for the unit; and (c) if the unit is a Kyoto Australian carbon credit unit: (i) the Minister must, by written notice given to the Regulator, direct the Regulator to transfer a Kyoto unit from a Commonwealth holding account to a voluntary cancellation account before the end of the true‑up period for the relevant commitment period; and (ii) the Regulator must comply with a direction under subparagraph (i). (4) The Registry must set out a record of each notice under subsection (1). Australian Securities and Investments Commission Act 2001 256A At the end of subsection 127(2A) Add: ; (f) the Climate Change Authority. Carbon Credits (Carbon Farming Initiative) Act 2011 257 Section 163 Repeal the section. 258 Part 14 Repeal the Part. 258A Section 306 Repeal the section, substitute: 306 Periodic reviews of operation of this Act etc. (1) The Climate Change Authority must conduct reviews of the operation of: (a) this Act; and (b) the regulations; and (c) other instruments made under this Act. Public consultation (2) A review under subsection (1) must make provision for public consultation. Report (3) The Climate Change Authority must: (a) give the Minister a report of the review; and (b) as soon as practicable after giving the report to the Minister, publish the report on the Climate Change Authority's website. (4) The Minister must cause copies of a report under subsection (3) to be tabled in each House of the Parliament within 15 sitting days of that House after the review is completed. First review (5) The first review under subsection (1) must be completed before the end of 31 December 2014. Subsequent reviews (6) Each subsequent review under subsection (1) must be completed within 3 years after the deadline for completion of the previous review. (7) For the purposes of subsections (4), (5) and (6), a review is completed when the report of the review is given to the Minister under subsection (3). Recommendations (8) A report of a review under subsection (1) may set out recommendations to the Commonwealth Government. (9) In formulating a recommendation that the Commonwealth Government should take particular action, the Climate Change Authority must analyse the costs and benefits of that action. (10) Subsection (9) does not prevent the Climate Change Authority from taking other matters into account in formulating a recommendation. (11) If a report of a review under subsection (1) sets out one or more recommendations to the Commonwealth Government, the report must set out the Climate Change Authority's reasons for those recommendations. Government response to recommendations (12) If a report of a review under subsection (1) sets out one or more recommendation