Commonwealth: Future Made in Australia (Guarantee of Origin) Act 2024 (Cth)

Future Made in Australia (Guarantee of Origin) Act 2024 No. 121, 2024 An Act to establish a scheme to certify renewable electricity and products such as hydrogen, and for related purposes Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Object of this Act 4 Simplified outline of this Act 5 Definitions 6 Act binds Crown 7 Extension to external Territories 8 Extension to exclusive economic zone and continental shelf 9 Constitutional basis of this Act 10 Additional operation of this Act Part 2—Registration of persons for the purposes of this Act Division 1—Simplified outline of this Part 11 Simplified outline of this Part Division 2—Registration 12 Application for registration 13 Request for further information 14 Withdrawal of application 15 Registration 16 When registration is in effect Division 3—Suspension, cancellation and surrender of registration 17 Regulator to be notified of certain events and circumstances 18 Suspension of registration 19 Cancellation of registration 20 Regulator to notify person of proposed suspension or cancellation 21 Surrender of registration Division 4—Fit and proper person test 22 Meaning of associate 23 Meaning of control and change in control of registered person 24 Fit and proper person test 25 Registered person must notify Regulator of events relevant to fit and proper person test 26 Registered person must notify Regulator of change in control Part 3—Certification of products Division 1—Simplified outline of this Part 27 Simplified outline of this Part Division 2—Key concepts 28 Production gate and delivery gate 29 Methodology determination Division 3—Profiles Subdivision A—Registration of production profiles 30 Application to register production profile 31 Request for further information 32 Withdrawal of application 33 Registration of production profile Subdivision B—Registration of delivery profiles 34 Application to register delivery profile 35 Request for further information 36 Withdrawal of application 37 Registration of delivery profile Subdivision C—Registration of consumption profiles 38 Application to register consumption profile 39 Request for further information 40 Withdrawal of application 41 Registration of consumption profile Subdivision D—Correction and transfer of registered profiles 42 Correction of profiles 43 Transfer of profiles Subdivision E—Suspension, cancellation and surrender of registration 44 Suspension of registration 45 Cancellation of registration 46 Grounds of suspension or cancellation 47 Regulator to notify person of proposed suspension or cancellation 48 Surrender of registration Division 4—PGO certificates Subdivision A—Creation and registration of PGO certificates 49 Creation of certificates 50 Content of certificates at creation—general 51 Content of certificates at creation—related certificates 53 Form and identification of certificates 54 Authorisation to add post‑production information to certificates 55 Addition of post‑production information to certificates 56 Registration of certificates 56A Request for further information 56B Withdrawal of request for registration of certificates Subdivision B—Addition of consumption information to registered PGO certificates 57 Authorisation to add consumption information to certificates 58 Transfer of authorisation 59 Addition of consumption information 59A Request for further information 59B Withdrawal of request for addition of consumption information Subdivision C—Annual reconciliation checks 60 Regulator must give statement 61 Recipient of statement must respond with declaration Subdivision D—Correction of PGO certificates 62 Correction following annual reconciliation check 63 Other corrections Subdivision E—Invalidating PGO certificates 64 Invalidation 65 Invalidating incorrect certificates 66 Invalidating excess certificates 67 Notice of invalidation Part 4—Certification of renewable electricity Division 1—Simplified outline of this Part 68 Simplified outline of this Part Division 2—Key concepts 69 Eligible renewable energy sources 70 Aggregated system 71 Direct supply relationship 72 Legacy baseline 73 Measurement standard Division 3—Renewable electricity facilities Subdivision A—Applications to register facilities 74 Application to register accredited power stations 75 Application to register other facilities 76 Request for further information 77 Amendment or withdrawal of application Subdivision B—Registration of facilities 78 Registration of accredited power stations 79 Registration of electricity generation systems that are not accredited power stations 80 Registration of energy storage systems 81 Registration of aggregated systems Subdivision C—Eligible registered persons 82 Eligible registered person Subdivision D—Determination of baseline 83 Determination of baseline Subdivision E—Record‑keeping etc. 84 Creation and variation of record 85 Notification of certain events Subdivision F—Suspension, cancellation and surrender of registration 86 Suspension of registration 87 Cancellation of registration 88 Grounds of suspension or cancellation 89 Regulator to notify person of proposed suspension or cancellation 90 Surrender of registration Division 4—REGO certificates Subdivision A—Creation of certificates 91 Creation of certificates in respect of eligible amounts 92 Creation of certificates in respect of residual amounts 93 Below‑baseline certificates 94 Content of certificates 95 Form and identification of certificates 96 Creation of certificates representing different amounts of renewable electricity 97 Creation of certificates—direct supply relationship 98 Creation of certificates—exported renewable electricity Subdivision B—Restrictions on certificate creation 99 Restriction on certificate creation—double counting 100 Restriction on certificate creation—suspension of facility's registration 101 Restriction on certificate creation—suspension of person's registration under this Act 102 Restriction on certificate creation—suspension of person's registration under Renewable Energy (Electricity) Act 2000 Subdivision C—Improper creation of certificates 103 Improper creation of REGO certificates Subdivision D—Registration of certificates 104 Registration of REGO certificates 105 Request for further information Subdivision E—Transfer and retirement of certificates 106 Transfer of certificates 107 Retirement of certificates 108 Retirement of below‑baseline certificates 109 Request for further information Subdivision F—Correction of certificates 110 Correction of certificates Part 5—The GO Register Division 1—Simplified outline of this Part 111 Simplified outline of this Part Division 2—The GO Register 112 The GO Register 113 Other information included in the register 114 Withholding or removing information from the register 115 Form of register Part 6—Cost recovery Division 1—Simplified outline of this Part 116 Simplified outline of this Part Division 2—Fees 117 Fees and other rules for fee‑bearing activities Division 3—Payment of cost‑recovery charges 118 Paying cost‑recovery charges 119 Cost‑recovery charges payable to the Commonwealth. Division 4—Unpaid cost‑recovery charges 120 Recovery of cost‑recovery charges 121 Regulator may direct that activities not be carried out Division 5—Miscellaneous 122 Regulator may remit cost‑recovery charges 123 Rules relating to when cost‑recovery charges may be waived, refunded or remitted Part 7—Audits Division 1—Simplified outline of this Part 124 Simplified outline of this Part Division 2—Audits 125 Compliance audits 126 Reimbursement for costs in relation to compliance audits 127 Scheduled audits 128 Other audits 129 Information‑gathering of audit team leaders and persons assisting audit team leaders 130 Persons must provide assistance in relation to an audit Division 3—Audit information Subdivision A—Information 131 Meaning of audit information 132 Meaning of protected audit information Subdivision B—Secrecy 133 Secrecy—protected audit information Subdivision C—Disclosure or use of audit information 134 Disclosure or use for purposes of carrying out guarantee or origin audit or preparing guarantee of origin audit report etc. 135 Disclosure to the Regulator 136 Use or disclosure authorised by rules Part 8—Enforcement Division 1—Simplified outline of this Part 137 Simplified outline of this Part Division 2—Information gathering 138 Regulator may obtain information or documents 139 Copying documents—compensation 140 Copies of documents 141 Regulator may retain documents 142 Privilege against self‑incrimination and self‑exposure to a penalty Division 3—Civil penalties 143 Civil penalty provisions Division 4—Infringement notices 144 Infringement notices Division 5—Enforceable undertakings 145 Enforceable undertakings Division 6—Injunctions 146 Injunctions Division 7—Miscellaneous 147 Contravening an offence provision or a civil penalty provision 148 Appointment of inspectors Part 9—Miscellaneous Division 1—Simplified outline of this Part 149 Simplified outline of this Part Division 2—Record keeping etc. 150 Record keeping 151 Information previously given to the Regulator Division 3—Review of decisions 152 Reviewable decisions 153 Applications for reconsideration of decisions made by delegates 154 Request for further information 155 Withdrawal of application 156 Reconsideration by the Regulator or Chair 157 Review by the Administrative Review Tribunal Division 4—Delegations 158 Delegation by Minister 159 Delegation by Chair Division 5—Other matters Subdivision A—Rules 160 Rules Subdivision B—Review of scheme 161 Periodic review of operation Future Made in Australia (Guarantee of Origin) Act 2024 No. 121, 2024 An Act to establish a scheme to certify renewable electricity and products such as hydrogen, and for related purposes [Assented to 10 December 2024] The Parliament of Australia enacts: Part 1—Preliminary 1 Short title This Act is the Future Made in Australia (Guarantee of Origin) Act 2024. 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 Provisions Commencement Date/Details 1. The whole of this Act A single day to be fixed by Proclamation. However, if the provisions do not commence within the period of 12 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 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 Object of this Act The objects of this Act are to: (a) improve transparency and provide trusted information about renewable electricity and emissions associated with products, to enable producers and consumers to make credible claims about the production and use of renewable electricity and products; and (b) encourage decarbonisation and investment in Australian industry, and accelerate the commerciality of low emissions products; and (c) support the development of markets for renewable electricity and low emissions products; and (d) support the achievement of Australia's greenhouse gas emissions reduction targets and the reduction of global greenhouse gas emissions in accordance with the Paris Agreement; and (e) give effect to certain obligations that Australia has as a party to the following: (i) the Climate Change Convention; (ii) the Kyoto Protocol; (iii) the Paris Agreement. 4 Simplified outline of this Act This Act establishes a scheme to certify renewable electricity and products such as hydrogen. It provides for the creation of certificates, known as REGO certificates and PGO certificates, that contain information about the attributes of the renewable electricity or product that they represent. Both REGO certificates and PGO certificates may be registered on a register known as the GO Register. REGO certificates can be traded through the register and retired. A person may wish to retire a REGO certificate to support claims about the person's use of renewable electricity. PGO certificates cannot be traded through the register or retired. Most activities under this Act can only be carried out by a person who is registered for the purposes of this Act. Cost‑recovery charges may be payable in relation to activities carried out under this Act. The Regulator may require audits of one or more aspects of a person's compliance with this Act. There are also a number of civil penalties in relation to requirements under this Act. A range of compliance and enforcement powers are provided for, primarily by applying the Regulatory Powers Act. The Minister may make rules under this Act. 5 Definitions In this Act: 1997 eligible renewable power baseline has the same meaning as in the Renewable Energy (Electricity) Act 2000. accredited power station has the same meaning as in the Renewable Energy (Electricity) Act 2000. acts jointly with: for when a person acts jointly with another person, see subsection 23(2). aggregated system: see section 70. amount includes a nil amount. approved auditor means a registered greenhouse and energy auditor of a kind prescribed by the rules for the purposes of this definition. associate: see section 22. audit information: see section 131. audit team leader means a registered greenhouse and energy auditor appointed under: (a) paragraph 125(2)(a) or 127(2)(a) or subsection 128(1); or (b) a provision of the rules prescribed by the rules for the purposes of this definition. Australia, when used in a geographical sense, includes the external Territories. Australia's greenhouse gas emissions reduction targets has the same meaning as in the National Greenhouse and Energy Reporting Act 2007. below‑baseline certificate: see section 93. Chair means the Chair of the Regulator. change in control: for when there is a change in control of a registered person, see subsection 23(5). civil penalty provision has the same meaning as in the Regulatory Powers Act. 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 Convention is in Australian Treaty Series 1994 No. 2 ([1994] ATS 2) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au). climate change law has the same meaning as in the Clean Energy Regulator Act 2011. conditional module, for a production pathway for a product, means a production module for the product determined to be a conditional module for the production pathway in a methodology determination. constitutional trade and commerce means trade and commerce: (a) between Australia and places outside Australia; or (b) between the States; or (c) between a State and a Territory; or (d) between 2 Territories; or (e) within a Territory. consumption profile: see subsection 38(2). controls: for when a person controls a registered person, see subsection 23(1). cost‑recovery charge means: (a) a fee prescribed by rules made for the purposes of section 117 for a fee‑bearing activity; or (b) a charge imposed by the Future Made in Australia (Guarantee of Origin Charges) Act 2024. de facto partner of a person has the meaning given by the Acts Interpretation Act 1901. delivery gate: see subsection 28(2). delivery module: see subsection 29(5). delivery profile: see subsection 34(2). designated large facility has the same meaning as in the National Greenhouse and Energy Reporting Act 2007. direct supply relationship: see section 71. electricity network means: (a) an electricity distribution network; or (b) a private electricity network; or (c) an electricity transmission network. eligible amount: see subsection 91(4). eligible registered person, for a registered renewable electricity facility, means the person recorded in the register as the eligible registered person for the facility. eligible renewable energy source: see section 69. exclusive economic zone has the same meaning as in the Seas and Submerged Lands Act 1973. fee‑bearing activities: see section 117. final declaration day: see subsection 63(2). functional unit, of a product, means the unit specified as the functional unit of the product in a methodology determination. greenhouse gas has the same meaning as in the National Greenhouse and Energy Reporting Act 2007. guarantee of origin audit means an audit under: (a) section 125, 127 or 128; or (b) a provision of the rules prescribed by the rules for the purposes of this definition. guarantee of origin audit report means an audit report under: (a) section 125, 127 or 128; or (b) a provision of the rules prescribed by the rules for the purposes of this definition. holder: the holder of a registered profile, is the person recorded in the register as the holder of the registered profile. inspector means a person appointed as an inspector under section 148. invalidate: see section 64. 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 Protocol is in Australian Treaty Series 2008 No. 2 ([2008] ATS 2) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au). large‑scale generation certificate has the same meaning as in the Renewable Energy (Electricity) Act 2000. legacy baseline: see section 72. measurement standard: see section 73. methodology determination means a determination in force under section 29. minimum module, for a production pathway for a product, means a production module for the product determined to be a minimum module for the production pathway in a methodology determination. NGER facility means a facility within the meaning of the National Greenhouse and Energy Reporting Act 2007. nominated person has the same meaning as in the Renewable Energy (Electricity) Act 2000. optional module, for a production pathway for a product, means a production module for the product determined to be an optional module for the production pathway in a methodology determination. Paris Agreement means the Paris Agreement done at Paris on 12 December 2015, as amended and in force for Australia from time to time. Note: The Agreement is in Australian Treaty Series 2016 No. 24 ([2016] ATS 24) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au). PGO certificate (short for Product Guarantee of Origin certificate) means a certificate created under section 49. PGO certificate activity: see subsection 60(2). post‑production emissions source: see subsection 29(7). production emissions source: see subsection 29(6). production gate: see subsection 28(1). production module: see subsection 29(3). production pathway: see subsection 29(2). production profile: see subsection 30(2). protected audit information: see section 132. register means the GO Register kept under section 112. registered greenhouse and energy auditor has the same meaning as in the National Greenhouse and Energy Reporting Act 2007. registered owner, of a REGO certificate, means the person recorded in the register as the registered owner of the certificate. registered person means a person registered for the purposes of this Act. registered profile means: (a) a production profile registered under section 33; or (b) a delivery profile registered under section 37; or (c) a consumption profile registered under section 41. registered renewable electricity facility means a facility that is registered under section 78, 79, 80 or 81. REGO certificate (short for Renewable Electricity Guarantee of Origin certificate) means a certificate created under section 91 or 92. Regulator means the Clean Energy Regulator. Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014. residual amount: see subsection 92(4). residual fraction: see subsection 92(5). reviewable decision: see section 152. rules means the rules made under section 160. Secretary means the Secretary of the Department. small generation unit has the same meaning as in the Renewable Energy (Electricity) Act 2000. staff of the Regulator has the same meaning as in the Clean Energy Regulator Act 2011. this Act includes: (a) instruments made under this Act; and (b) instruments made under instruments under this Act. 6 Act binds Crown (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. 7 Extension to external Territories This Act extends to every external Territory. 8 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. 9 Constitutional basis of this Act This Act relies on the Commonwealth's legislative powers under paragraph 51(xxix) of the Constitution to give effect to Australia's obligations under one or more of the following international instruments: (a) the Climate Change Convention; (b) the Kyoto Protocol; (c) the Paris Agreement. 10 Additional operation of this Act (1) In addition to section 9, this Act also has effect as provided by this section. Corporations (2) This Act also has the effect it would have if a reference in this Act to a person (other than a reference to an individual) were expressly confined to a corporation to which paragraph 51(xx) of the Constitution applies. Trade and commerce (3) This Act also has the effect it would have if a reference in this Act to an activity were expressly confined to an activity undertaken in relation to a product, or renewable electricity, that is: (a) produced or generated for the purposes of constitutional trade and commerce; or (b) transported, stored or dispatched in the course of constitutional trade and commerce; or (c) consumed as a consequence of constitutional trade and commerce. Part 2—Registration of persons for the purposes of this Act Division 1—Simplified outline of this Part 11 Simplified outline of this Part A person may apply to the Regulator to be registered for the purposes of this Act. The Regulator must not register the person unless the Regulator is satisfied that the person is a fit and proper person. In determining whether a person is a fit and proper person, the Regulator may have regard to whether the person, or an associate of the person, has been convicted of certain offences, contravened certain laws, or is insolvent, among other matters. Most activities under this Act can only be carried out by a registered person. A person's registration ceases to be in effect when the registration is cancelled or surrendered. The Regulator may suspend or cancel a person's registration on certain grounds, such as if the Regulator is not satisfied that the person is a fit and proper person. There are civil penalties in relation to notifying the Regulator of certain matters about a registered person. Division 2—Registration 12 Application for registration (1) A person may apply to the Regulator to be registered for the purposes of this Act. (2) The application must: (a) be in the form approved, in writing, by the Regulator; and (b) meet the requirements (if any) prescribed by the rules; and (c) include the information (if any) that is prescribed by the rules. 13 Request for further information (1) If a person makes an application under section 12, the Regulator may, by notice in writing, require the person to give the Regulator, within the period specified in the notice, such further information in relation to the application as the Regulator requires. (2) The Regulator is not required to decide the application, and may cease considering the application, if the person does not provide the required information within the period specified in the notice. 14 Withdrawal of application (1) A person who makes an application under section 12 may withdraw the application, in writing, at any time before the Regulator decides the application. (2) If the person withdraws the application, the Regulator must cease considering the application. 15 Registration (1) If a person applies to the Regulator under section 12, the Regulator must decide to: (a) register the person; or (b) refuse to register the person. (2) The Regulator must not register the person unless the Regulator is satisfied that the person is a fit and proper person. Note: See section 24 for how the Regulator determines whether the Regulator is satisfied that a person is a fit and proper person. (3) In deciding whether to register the person, the Regulator: (a) must have regard to the matters (if any) prescribed by the rules; and (b) may have regard to any other matter the Regulator considers relevant. (4) If the Regulator does not make a decision under subsection (1) in relation to an application within the period prescribed by the rules, the Regulator is taken to have refused the application. 16 When registration is in effect Registration of a person for the purposes of this Act: (a) comes into effect on the day on which the Regulator approves the person's application for registration or, if the Regulator's approval specifies that it takes effect on a later day, on that later day; and (b) ceases to be in effect when the registration is cancelled or surrendered. Note: A registered person's registration remains in effect while it is suspended. However, the registered person cannot do (or apply to do) any of the following: (a) create PGO certificates (see subsection 49(3)); (b) add post‑production information to PGO certificates (see subsection 55(5)); (c) register PGO certificates (see subsection 56(10)); (d) add consumption information to PGO certificates (see subsection 59(9); (e) create REGO certificates (see section 101); (f) register REGO certificates (see subsection 104(9)); (g) receive transferred REGO certificates (see paragraph 106(4)(b)); (h) transfer REGO certificates (see subsection 106(5)); (i) retire REGO certificates (see subsection 107(5)). Division 3—Suspension, cancellation and surrender of registration 17 Regulator to be notified of certain events and circumstances A registered person must: (a) notify the Regulator, in writing, if an event prescribed by the rules occurs, or if circumstances prescribed by the rules arise, in relation to the registered person; and (b) do so within one month after the event occurs or the circumstances arise. 18 Suspension of registration (1) The Regulator may, by notice in writing given to a person, suspend the person's registration for the purposes of this Act for a period: (a) if the Regulator is not satisfied that the person is a fit and proper person; or (b) if the Regulator reasonably believes that the person has contravened this Act; or (c) in the circumstances specified in the rules. (2) The Regulator may, by notice in writing given to the person, end the period of suspension before it would otherwise end. 19 Cancellation of registration The Regulator may, by notice in writing given to a person, cancel the person's registration for the purposes of this Act: (a) if the Regulator is not satisfied that the person is a fit and proper person; or (b) if the Regulator reasonably believes that the person has contravened this Act; or (c) in the circumstances specified in the rules. 20 Regulator to notify person of proposed suspension or cancellation (1) Before suspending a person's registration under section 18 or cancelling a person's registration under section 19, the Regulator must give notice in writing of the proposed suspension or cancellation to the person. (2) The notice must: (a) state: (i) that the Regulator proposes to suspend or cancel the registration; and (ii) the grounds for the proposed suspension or cancellation; and (iii) if the Regulator proposes to suspend the registration—the proposed period of suspension; and (b) invite the person to make a written submission to the Regulator about the proposed suspension or cancellation within a specified period. (3) For the purposes of paragraph (2)(b), the period specified in the notice must not be less than 14 days starting on the day after the day the notice is given. (4) In considering whether to suspend or cancel the person's registration, the Regulator must have regard to any submission made by the person within the period specified in the notice. 21 Surrender of registration A registered person may surrender the person's registration for the purposes of this Act at any time by giving the Regulator notice in writing. Division 4—Fit and proper person test 22 Meaning of associate (1) Associate of a person (the first person) includes each of the following: (a) a spouse, de facto partner, child (who is at least 18 years old) or parent of the first person; (b) a person not mentioned in paragraph (a) who is or was: (i) directly or indirectly concerned in; or (ii) in a position to control or influence the conduct of; a business or undertaking of: (iii) the first person; or (iv) a corporation of which the first person is an officer (within the meaning of the Corporations Act 2001) or employee, or in which the first person holds shares; (c) a corporation of which the first person, or any of the other persons mentioned in paragraph (a) or (b), is an officer (within the meaning of the Corporations Act 2001) or employee; (d) if the first person is a body corporate—another body corporate that is a related body corporate (within the meaning of the Corporations Act 2001) of the first person. (2) Without limiting who is a child of a person for the purposes of this section, each of the following is the child of a person: (a) a stepchild or adopted child of the person; (b) someone who would be the stepchild of the person except that the person is not legally married to the person's partner; (c) someone who is a child of the person within the meaning of the Family Law Act 1975. (3) Without limiting who is a parent of another person for the purposes of this section, a person is the parent of another person if the other person is the person's child because of the definition of child in subsection (2). 23 Meaning of control and change in control of registered person (1) A person (the first person) controls a registered person if the first person (whether alone or together with one or more other persons the first person acts jointly with): (a) holds the power to exercise, or control the exercise of, 20% or more of the voting rights in the registered person; or (b) holds, or holds an interest in, 20% or more of the issued securities in the registered person. (2) A person acts jointly with another person if the person acts or is accustomed to acting in agreement with, or in accordance with the wishes of, the other person. (3) The rules may prescribe a different percentage, or different percentages, to the percentage specified in paragraph (1)(a) or (b). (4) Without limiting this section or subsection 33(3A) of the Acts Interpretation Act 1901, rules made for the purposes of subsection (3) of this section may prescribe different percentages for different registered persons or different classes of registered persons. (5) There is a change in control of a registered person if: (a) one or more persons (an original controller) control the registered person at a particular time; and (b) either: (i) one or more other persons begin to control the registered person (whether alone or together with one or more other persons the person acts jointly with) after that time; or (ii) an original controller (whether alone or together with one or more other persons the person acts jointly with) ceases to control the registered person after that time. 24 Fit and proper person test (1) In determining whether the Regulator is satisfied that a person (the first person) is a fit and proper person, the Regulator: (a) must have regard to the matters mentioned in subsection (2) in relation to the first person; and (b) may have regard to any or all of the matters mentioned in subsection (2) in relation to any person who is an associate of the first person; and (c) may have regard to any other matter connected to the first person that is relevant to this Act. (2) For the purposes of paragraphs (1)(a) and (b), the matters are the following: (a) whether the person has been convicted of any the following: (i) an offence against a law of the Commonwealth, a State or a Territory involving fraud or dishonesty; (ii) an offence against a law of the Commonwealth, a State or a Territory that relates to the conduct of a business; (iii) an offence against section 136.1, 137.1 or 137.2 of the Criminal Code; (iv) an offence against a law of a foreign country that corresponds to a law mentioned in subparagraph (i), (ii) or (iii); (b) whether the person has contravened either of the following: (i) a climate change law; (ii) the Crimes Act 1914 or the Criminal Code, to the extent that it relates to a climate change law; (c) whether the person has been convicted of an offence against, or ordered to pay a pecuniary penalty under: (i) the Environment Protection and Biodiversity Conservation Act 1999 (or a legislative instrument under that Act); or (ii) the Nature Repair Act 2023 (or a legislative instrument under that Act); or (iii) an environmental or planning law of a State or Territory; (d) whether an application by the person has been refused under a climate change law; (e) whether registration of the person under a climate change law has been cancelled or suspended; (f) whether the person has given false or misleading information under a law mentioned in paragraph (b); (g) whether a debt is due and payable by the person to the Commonwealth under a law mentioned in subparagraph (a)(i), (ii) or (iii) or paragraph (b); (h) whether an order has been made against the person under: (i) section 76 of the Competition and Consumer Act 2010; or (ii) section 224 of Schedule 2 to the Competition and Consumer Act 2010, as that section applies as a law of the Commonwealth, a State or a Territory; or (iii) a law of a foreign country that corresponds to a law mentioned in subparagraph (i) or (ii); (i) whether the person is: (i) for an individual—an insolvent under administration (within the meaning of the Corporations Act 2001); or (ii) for a body corporate—a Chapter 5 body corporate (within the meaning of the Corporations Act 2001); (j) for a person that is a body corporate—whether overseas or under a law of a foreign country: (i) the body corporate is being wound up; or (ii) a receiver, or a receiver and manager, has been appointed (whether or not by a court) in respect of the property of the body corporate and is acting; or (iii) the body corporate is under administration; or (iv) the body corporate has executed a deed of company arrangement that has not yet terminated; or (v) the body corporate is under restructuring; or (vi) the body corporate has made a restructuring plan that has not yet terminated; or (vii) the body corporate has entered into a compromise or arrangement with another person and the administration of which has not been concluded. Note: Nothing in this section affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them). 25 Registered person must notify Regulator of events relevant to fit and proper person test Within 28 days after any of the following events occurs in relation to a registered person, the person must give the Regulator notice in writing of the event: (a) the person is convicted of any of the following: (i) an offence against a law of the Commonwealth, a State or a Territory involving fraud or dishonesty; (ii) an offence against a law of the Commonwealth, a State or a Territory that relates to the conduct of a business; (iii) an offence against section 136.1, 137.1 or 137.2 of the Criminal Code; (iv) an offence against a law of a foreign country that corresponds to a law mentioned in subparagraph (i), (ii) or (iii); (b) the person is convicted of an offence against or ordered to pay a pecuniary penalty under: (i) a climate change law; or (ii) the Crimes Act 1914 or the Criminal Code, to the extent that it relates to a climate change law; (c) the person is convicted of an offence against, or ordered to pay a pecuniary penalty under: (i) the Environment Protection and Biodiversity Conservation Act 1999 (or a legislative instrument under that Act); or (ii) the Nature Repair Act 2023 (or a legislative instrument under that Act); or (iii) an environmental or planning law of a State or Territory. Note: Nothing in this section affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them). Civil penalty: 40 penalty units. 26 Registered person must notify Regulator of change in control Within 28 days after a change in control of a registered person, the registered person must give the Regulator notice in writing of the change in control. Civil penalty: 40 penalty units. Part 3—Certification of products Division 1—Simplified outline of this Part 27 Simplified outline of this Part This Part establishes a scheme for certifying products such as hydrogen or ammonia. It provides for the creation and registration of certificates, known as PGO certificates, that record information about the production, delivery and consumption of products and the associated emissions. For certification of a product to occur, the Minister must make a determination, known as a methodology determination, that, among other things, determines production pathways, production emissions sources and post‑production emissions sources for a product. A registered person may apply to the Regulator to register a production profile, a delivery profile or a consumption profile for a product. A registered person may hold multiple profiles. The holder of a production profile for a product may create PGO certificates in respect of a batch of the product produced at a facility specified in the profile. The holder of a delivery profile for a product may, in certain circumstances, add information about the transport or storage of the product to PGO certificates that have been created by the holder of a production profile for the product. The holder of a production profile who creates PGO certificates may request that the Regulator register the certificates on the GO Register. The holder of a consumption profile for a product may, in certain circumstances, request that the Regulator add information about the consumption of the product to registered PGO certificates. The Regulator conducts annual reconciliation checks for PGO certificates. This involves providing a statement to a person who has been involved in the PGO certificate process, and requiring the person to declare whether the information they provided is correct. The Regulator may correct or invalidate a registered PGO certificate on the basis of information arising from an annual reconciliation check, or on certain other grounds. Division 2—Key concepts 28 Production gate and delivery gate (1) The production gate for a product at a facility is: (a) if an instrument in force under subsection (3) determines a location in relation to the facility—that location; or (b) otherwise—the point at which: (i) a production module has been completed in relation to the product at the facility; and (ii) the product is ready to be delivered. (2) Each of the following is a delivery gate for a product: (a) a location where the product is placed on a ship with the intention that it be taken out of Australia; (b) a location where the product is exported from Australia (otherwise than by being placed on a ship); (c) a location where the product enters a pipeline, or other infrastructure, that is part of a shared network and conveys the product; (d) a location where the product is delivered to a consumer in Australia; (e) a location determined in relation to the product in an instrument in force under subsection (4). (3) The Regulator may determine a location in relation to a facility for the purposes of paragraph (1)(a). (4) The Regulator may determine a location in relation to a product for the purposes of paragraph (2)(e). (5) A determination under subsection (3) or (4) must be in writing but is not a legislative instrument. (6) In making a determination under subsection (3) or (4), the Regulator: (a) must have regard to: (i) guidelines (if any) prescribed by the rules for determining a location to be a production gate or delivery gate; and (ii) the matters (if any) prescribed by the rules; and (b) may have regard to any other matter the Regulator considers relevant. 29 Methodology determination (1) The Minister may, by legislative instrument, determine one or more production pathways for a product. (2) A production pathway, for a product, is a set of production modules. (3) A production module is a step in the production of a product and includes: (a) the use of particular equipment; and (b) a particular process. (4) If the Minister determines a production pathway for a product, the determination: (a) must provide that a specified unit is the functional unit of the product; and (b) must provide that at least one specified production module is a minimum module for the production pathway; and (c) may provide that a specified production module is: (i) an optional module for the production pathway; or (ii) a conditional module for the production pathway; and (d) may specify: (i) a formula or method for working out the amount of a product in a batch of the product that is produced in accordance with the production pathway; and (ii) one or more sources of greenhouse gas emissions for the production pathway; and (iii) for any source so specified—requirements for monitoring, measuring and reporting greenhouse gas emissions from the source; and (e) may specify: (i) a formula or method for working out the amount of a product that reaches a delivery gate for the product; and (ii) one or more sources of greenhouse gas emissions for a delivery module for the product; and (iii) for any source so specified—requirements for monitoring, measuring and reporting greenhouse gas emissions from the source. (5) A delivery module, for a product, is: (a) a method for storing the product; or (b) a method for transporting the product; or (c) a method for both storing and transporting the product. (6) If the Minister determines a production pathway for a product, a source of greenhouse gas emissions that is specified in the determination for the production pathway is a production emissions source for the production pathway for the product. (7) If the Minister specifies a source of greenhouse gas emissions relating to a delivery module for the product, a source of greenhouse gas emissions that is so specified in the determination is a post‑production emissions source for the delivery module. (8) Despite subsection 14(2) of the Legislation Act 2003, a determination under this section may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time. (9) In making a determination under this section, the Minister must have regard to: (a) the objects of this Act; and (b) the extent to which the determination was developed in accordance with the following objectives: (i) to be transparent and complete, by representing an accurate accounting of all material greenhouse gas emissions for a product's supply chain without carbon offsetting using carbon credits; (ii) to be consistent with other determinations made under this section and comparable with internationally agreed standards, taking into account domestic circumstances or requirements; (iii) to be practical and minimise the regulatory burden on registered persons; (iv) to be based on the latest available scientific evidence as aligned with international frameworks. Division 3—Profiles Subdivision A—Registration of production profiles 30 Application to register production profile (1) A registered person may apply to the Regulator to register a production profile for a product. (2) A production profile, for a product, consists of the following information: (a) the product; (b) the name and location of a facility at which the product is produced; (c) each person who owns all or part of the facility; (d) each person who operates all or part of the facility; (e) the day on which the product was first produced at the facility; (f) the production gate for the product at the facility; (g) a production pathway for the product; (h) one or more production modules for the product; (i) for each of those production modules—whether it is a minimum module, optional module or conditional module for the production pathway; (j) the information (if any) that is prescribed by the rules. (3) The application must: (a) be in the form approved, in writing, by the Regulator; and (b) meet the requirements (if any) prescribed by the rules. (4) The application must include: (a) the production profile; and (b) the name and address of each person who owns all or part of the facility specified in the profile; and (c) the name and address of each person who operates all or part of the facility specified in the profile; and (d) the information (if any) that is prescribed by the rules. 31 Request for further information (1) If a registered person makes an application under section 30, the Regulator may, by notice in writing, require the registered person to give the Regulator, within the period specified in the notice, such further information in relation to the application as the Regulator requires. (2) The Regulator is not required to decide the application, and may cease considering the application, if the registered person does not provide the required information within the period specified in the notice. 32 Withdrawal of application (1) A registered person who makes an application under section 30 may withdraw the application, in writing, at any time before the Regulator decides the application. (2) If the registered person withdraws the application, the Regulator must cease considering the application. 33 Registration of production profile (1) If a registered person applies to the Regulator to register a production profile for a product, the Regulator must decide to: (a) register the profile; or (b) refuse to register the profile. (2) The Regulator must not register the profile unless the Regulator is satisfied that: (a) the facility specified in the profile produces the product; and (b) the production pathway specified in the profile is determined in a methodology determination; and (c) production of the product at the facility includes the minimum production modules for the production pathway specified in the profile; and (d) the registered person owns or operates every part of the facility (whether alone or together with another person); and (e) if another person owns or operates a part of the facility together with the registered person—a written agreement is in force between the other person and the registered person to the effect that the registered person may: (i) apply to register the profile; and (ii) create PGO certificates as the holder of the profile; and (f) the facility is operated in accordance with any relevant Commonwealth, State, Territory or local government planning and approval requirements. (3) In deciding whether the Regulator is satisfied of the matters in subsection (2), the Regulator: (a) must have regard to the matters (if any) prescribed by the rules; and (b) may have regard to any other matter the Regulator considers relevant. (4) If the Regulator registers the profile, the Regulator may, by notice in writing given to the registered person, impose a condition on the registration. (5) A condition imposed under subsection (4) must be: (a) a condition that the profile include one or more specified conditional modules for the pathway specified in the profile; or (b) a condition of a kind prescribed by the rules. (6) If the Regulator registers the profile, the Regulator must record in the register that the registered person is the holder of the profile. Subdivision B—Registration of delivery profiles 34 Application to register delivery profile (1) A registered person may apply to the Regulator to register a delivery profile for a product. (2) A delivery profile, for a product, consists of the following information: (a) the product; (b) a delivery gate for the product; (c) one or more delivery modules for the product; (d) equipment used in relation to those delivery modules; (e) post‑production emissions sources for those delivery modules; (f) for each post‑production emissions source specified in the profile—a method for monitoring, measuring and reporting greenhouse gas emissions from the source; (g) the name and address of each person who has operational control over all or part of the equipment specified in the profile; (h) the information (if any) that is prescribed by the rules. (3) The application must: (a) be in the form approved, in writing, by the Regulator; and (b) meet the requirements (if any) prescribed by the rules. (4) The application must include: (a) the delivery profile; and (b) the name and address of each person who owns all or part of the equipment specified in the profile; and (c) the name and address of each person who has operational control over all or part of the equipment specified in the profile; and (d) the information (if any) that is prescribed by the rules. 35 Request for further information (1) If a registered person makes an application under section 34, the Regulator may, by notice in writing, require the registered person to give the Regulator, within the period specified in the notice, such further information in relation to the application as the Regulator requires. (2) The Regulator is not required to decide the application, and may cease considering the application, if the registered person does not provide the required information within the period specified in the notice. 36 Withdrawal of application (1) A registered person who makes an application under section 34 may withdraw the application, in writing, at any time before the Regulator decides the application. (2) If the registered person withdraws the application, the Regulator must cease considering the application. 37 Registration of delivery profile (1) If a registered person applies to the Regulator to register a delivery profile for a product, the Regulator must decide to: (a) register the profile; or (b) refuse to register the profile. (2) The Regulator must not register the profile unless the Regulator is satisfied that: (a) either subsection (3) or (4) applies to the equipment specified in the profile; and (b) the profile includes each post‑production emissions source for each delivery module for the product that is specified in the profile; and (c) for each of those sources, the method specified in the profile for monitoring, measuring and reporting greenhouse gas emissions from the source is specified in a methodology determination that determines a production pathway for the product; and (d) a batch of the product could reasonably pass to the delivery gate specified in the profile from a production gate for the product at a facility. (3) This subsection applies to the equipment specified in the profile if: (a) the registered person owns or operates every part of the equipment (whether alone or together with another person); and (b) if another person owns or operates a part of the equipment together with the registered person—a written agreement is in force between the other person and the registered person to the effect that the registered person may: (i) apply to register the profile; and (ii) request, as the holder of the profile, that the Regulator add information to PGO certificates. (4) This subsection applies to the equipment specified in the profile if: (a) the registered person does not own or operate every part of the equipment (whether alone or together with another person); and (b) a written agreement is in force between each person who owns or operates the equipment, or a part of the equipment, and the registered person to the effect that the registered person may: (i) apply to register the profile; and (ii) request, as the holder of the profile, that the Regulator add information to PGO certificates. (5) In deciding whether the Regulator is satisfied of the matters in subsection (2), the Regulator: (a) must have regard to the matters (if any) prescribed by the rules; and (b) may have regard to any other matter the Regulator considers relevant. (6) If the Regulator registers the profile, the Regulator may, by notice in writing given to the registered person, impose a condition on the registration. The condition must be of a kind prescribed by the rules. (7) If the Regulator registers the profile, the Regulator must record in the register that the registered person is the holder of the profile. Subdivision C—Registration of consumption profiles 38 Application to register consumption profile (1) A registered person may apply to the Regulator to register a consumption profile for a product. (2) A consumption profile, for a product, consists of the following information: (a) the product; (b) a delivery gate for the product; (c) if the product is consumed at a single facility—the following information: (i) the name and location of the facility; (ii) whether the facility is connected to a pipeline, or other infrastructure, that is part of a shared network and conveys the product; (iii) each person who owns or operates the facility or a part of the facility; (iv) whether the facility is an NGER facility; (v) whether the facility is a designated large facility; (d) if the product is consumed at multiple facilities—a description of those facilities and their connection to: (i) a pipeline, or other infrastructure, that is part of a shared network and conveys the product; and (ii) the registered person who is, or is to be, the holder of the consumption profile; (h) the information (if any) that is prescribed by the rules. (3) The application must: (a) be in the form approved, in writing, by the Regulator; and (b) meet the requirements (if any) prescribed by the rules. (4) The application must include: (a) the consumption profile; and (b) if the profile specifies that the product is consumed at a single facility—the following information: (i) the name and address of each person who owns all or part of the facility; (ii) the name and address of each person who operates all or part of the facility; and (d) the information (if any) that is prescribed by the rules. 39 Request for further information (1) If a registered person makes an application under section 38, the Regulator may, by notice in writing, require the registered person to give the Regulator, within the period specified in the notice, such further information in relation to the application as the Regulator requires. (2) The Regulator is not required to decide the application, and may cease considering the application, if the registered person does not provide the required information within the period specified in the notice. 40 Withdrawal of application (1) A registered person who makes an application under section 38 may withdraw the application, in writing, at any time before the Regulator decides the application. (2) If the registered person withdraws the application, the Regulator must cease considering the application. 41 Registration of consumption profile (1) If a registered person applies to the Regulator to register a consumption profile for a product, the Regulator must decide to: (a) register the profile; or (b) refuse to register the profile. (2) The Regulator must not register the profile unless: (a) if the profile specifies that the product is consumed at a single facility—the Regulator is satisfied that: (i) either subsection (3) or (4) applies to the facility; and (ii) if the facility is connected to a pipeline, or other infrastructure, that is part of a shared network and conveys the product—the product could reasonably pass through the pipeline or other infrastructure to the facility; or (b) if the profile specifies that the product is consumed at multiple facilities—the Regulator is satisfied that: (i) the product could reasonably pass to those facilities through the pipeline or other infrastructure specified in the profile; and (ii) it would not be practicable for the registered person to create a consumption profile in respect of each of those facilities. (3) This subsection applies to a facility if: (a) the registered person owns or operates every part of the facility (whether alone or together with another person); and (b) if another person owns or operates a part of the facility together with the registered person—a written agreement is in force between the other person and the registered person to the effect that the registered person may: (i) apply to register the profile; and (ii) request, as the holder of the profile, that the Regulator add information to PGO certificates. (4) This subsection applies to a facility if: (a) the registered person does not own or operate every part of the facility (whether alone or together with another person); and (b) a written agreement is in force between each person who owns or operates the facility, or a part of the facility, and the registered person to the effect that the registered person may: (i) apply to register the profile; and (ii) request, as the holder of the profile, that the Regulator add information to PGO certificates. (5) In deciding whether the Regulator is satisfied of the matters specified in subsection (2), the Regulator: (a) must have regard to the matters (if any) prescribed by the rules; and (b) may have regard to any other matter the Regulator considers relevant. (6) If the Regulator registers the profile, the Regulator may, by notice in writing given to the registered person, impose a condition on the registration. The condition must be of a kind prescribed by the rules. (7) If the Regulator registers the profile, the Regulator must record in the register that the registered person is the holder of the profile. Subdivision D—Correction and transfer of registered profiles 42 Correction of profiles (1) The holder of a registered profile may apply to the Regulator to correct a minor or technical error in the profile. (2) The application must: (a) be in writing; and (b) explain the cause of the error; and (c) specify the correction to be made. (3) On receipt of the application, the Regulator must decide to: (a) make the correction; or (b) refuse to make the correction. (4) In deciding whether to make the correction, the Regulator may have regard to any matter the Regulator considers relevant. (5) The Regulator may also correct a profile in the circumstances prescribed by the rules. 43 Transfer of profiles (1) The rules may provide for or in relation to the transfer of a registered profile from the holder of the profile to another registered person. (2) If a profile is transferred to another registered person in accordance with the rules, the Regulator must update the register accordingly. Subdivision E—Suspension, cancellation and surrender of registration 44 Suspension of registration (1) The Regulator may, by notice in writing given to the holder of a profile, suspend the registration of the profile for a period if section 46 applies to the profile. (2) While the profile is suspended, the holder of the profile cannot create a PGO certificate or add information to a PGO certificate. (3) The Regulator may, by notice in writing given to the holder of the profile, end the period of suspension before it would otherwise end. 45 Cancellation of registration The Regulator may, by notice in writing given to the holder of a profile, cancel the registration of the profile if section 46 applies to the profile. 46 Grounds of suspension or cancellation (1) This section applies to a registered profile if: (a) the Regulator reasonably believes that a condition imposed on the registration of the profile has been contravened; or (b) the Regulator is no longer satisfied: (i) if the profile is a production profile that is registered under section 33—that the profile meets the criteria in subsection (2) of that section; or (ii) if the profile is a delivery profile that is registered under section 37—that the facility meets the criteria in subsection (2) of that section; or (iii) if the profile is a consumption profile that is registered under section 41—that the profile meets the criteria in subsection (2) of that section. (2) This section also applies to a registered profile in the circumstances prescribed by the rules. 47 Regulator to notify person of proposed suspension or cancellation (1) Before suspending the registration of a profile under section 44 or cancelling the registration of the profile under section 45, the Regulator must give notice in writing of the proposed suspension or cancellation to the holder of the profile. (2) The notice must: (a) state: (i) that the Regulator proposes to suspend or cancel the registration; and (ii) the grounds for the proposed suspension or cancellation; and (iii) if the Regulator proposes to suspend the registration—the proposed period of suspension; and (b) invite the holder of the profile to make a written submission to the Regulator about the proposed suspension or cancellation within a specified period. (3) For the purposes of paragraph (2)(b), the period specified in the notice must not be less than 14 days starting on the day after the day the notice is given. (4) In considering whether to suspend or cancel the registration, the Regulator must have regard to any submission made by the holder of the profile within the period specified in the notice. 48 Surrender of registration The holder of a profile may surrender the registration of the profile at any time by giving the Regulator notice in writing. Division 4—PGO certificates Subdivision A—Creation and registration of PGO certificates 49 Creation of certificates (1) The holder of a production profile for a product may create certificates in respect of a batch of the product that is produced at the facility specified in the production profile. (2) One certificate may be created for each whole functional unit of the product in the batch. Suspended persons (3) A person whose registration is suspended under section 18 cannot create a certificate under this section. 50 Content of certificates at creation—general (1) A PGO certificate created by the holder of a production profile for a product in respect of a batch of the product must state the following: (a) the product; (b) the functional unit of the product; (c) the holder of the production profile; (d) the production pathway specified in the production profile; (e) the facility at which the product was produced; (f) the production gate for the product at the facili