Commonwealth: National Greenhouse and Energy Reporting Act 2007 (Cth)

National Greenhouse and Energy Reporting Act 2007 No. 175, 2007 Compilation No. 26 Compilation date: 14 October 2024 Includes amendments: Act No. 39, 2024 About this compilation This compilation This is a compilation of the National Greenhouse and Energy Reporting Act 2007 that shows the text of the law as amended and in force on 14 October 2024 (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 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 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 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 Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 Part 1—Introduction Division 1—Preliminary 1 Short title 2 Commencement 3 Objects 4 Constitutional basis for Act 5 Act excludes some State and Territory laws 5A Crown to be bound 6 Extension to external Territories 6A Extension to exclusive economic zone and continental shelf 6C Application to foreign ships Division 2—Interpretation 7 Definitions 7A Greenhouse gas 8 Group and members of a group 9 Facilities 10 Emissions, energy production, energy consumption etc. 11 Operational control—basic rule 11A Operational control—person with greatest authority 11B Operational control—nominated person 11C Operational control—trust with multiple trustees 11D Unsatisfactory compliance record Part 2—Registration Division 1—Applying for registration Subdivision A—Application by a controlling corporation 12 Applying to register in relation to meeting a threshold 13 Thresholds 14 Applying to register in relation to greenhouse gas project 15 Requirements for applications Subdivision B—Application by a person who is not a controlling corporation 15B Application by a person who is not a controlling corporation Division 2—National Greenhouse and Energy Register 16 National Greenhouse and Energy Register Division 3—Registration of controlling corporations 17 Registration of corporations Division 4—Registration of other persons 18AA Registration of other persons Division 5—Deregistration 18B Deregistration Part 3—Reporting obligations of registered corporations etc. 19 Report to be given to the Regulator 20 Liability of other persons to provide certain information 21 Reports relating to greenhouse gas projects: reduction of greenhouse gas emissions and removals of greenhouse gases 21A Reports relating to offsets of greenhouse gas emissions 22 Records to be kept Part 3E—Reporting obligations of holders of reporting transfer certificates Division 1—Reporting obligations 22G Report to be given to the Regulator 22H Records to be kept Division 2—Reporting transfer certificates 22J Reporting transfer test 22K Application for reporting transfer certificate 22KA Further information 22L Issue of reporting transfer certificate 22M Duration of reporting transfer certificate 22N Surrender of reporting transfer certificate 22P Cancellation of reporting transfer certificate 22Q Reporting transfer certificate is not transferable 22R Financial control Part 3F—Reporting obligations transferred to member of corporate group 22X Reporting obligations transferred to member of corporate group 22XA Records to be kept Part 3G—Reporting obligations of responsible emitters of designated large facilities etc. 22XB Report to be given to Regulator 22XC Records to be kept Part 3H—Emissions reduction safeguard mechanism Division 1—Introduction 22XD Simplified outline of this Part Division 2—Limit on emissions 22XE Excess emissions situation 22XF Duty to ensure that excess emissions situation does not exist Division 3—Key concepts 22XG Monitoring periods 22XH Responsible emitter 22XI Covered emissions 22XJ Designated large facility 22XK Net emissions number 22XL Baseline emissions number 22XM Prescribed carbon unit Division 4—Surrender of prescribed carbon units 22XN How prescribed carbon units are surrendered Division 4A—Safeguard mechanism credit units Subdivision A—Issuing safeguard mechanism credit units 22XNA Issuing safeguard mechanism credit units 22XNB Entry in Registry account must be made if safeguard mechanism credit units issued 22XNC Safeguard mechanism credit units issued must be identified with a financial year 22XND Safeguard mechanism credit units held in Commonwealth Registry accounts Subdivision B—Requirement to relinquish safeguard mechanism credit units etc. 22XNE Regulator may require relinquishment of safeguard mechanism credit units etc. issued on false or misleading information 22XNF Court may order relinquishment of safeguard mechanism credit units etc. issued as a result of fraudulent conduct 22XNG Information on Regulator's website regarding relinquishment requirements Subdivision C—Compliance with relinquishment requirement 22XNH Relinquishing safeguard mechanism credit units etc. to comply with requirements 22XNI Administrative penalty if relinquishment requirements not complied with 22XNJ Late payment penalty 22XNK Recovery of penalties 22XNL Set‑off 22XNM Refund of overpayments 22XNN Stay of proceedings for the recovery of an administrative penalty Division 5—Other matters 22XO Concurrent operation of State and Territory laws 22XP Administrative decisions under the safeguard rules etc. 22XQ Baseline determinations made under the safeguard rules etc. 22XR Alternative constitutional basis 22XS Safeguard rules Part 4—Disclosure of information 23 Secrecy—audit information 24 Publishing of information 25 Requests for information not to be published 27 Information may be disclosed to States and Territories 28 Corporation may request information be disclosed Part 5—Enforcement Division 1—Civil penalties Subdivision A—Civil penalty orders 29 Civil penalty provisions 30 Continuing contraventions 31 Court may order person to pay pecuniary penalty for contravening civil penalty provision 32 Contravening a civil penalty provision is not an offence 33 Persons involved in contravening civil penalty provision 34 Recovery of a pecuniary penalty Subdivision B—Civil penalty proceedings and criminal proceedings 35 Civil proceedings after criminal proceedings 36 Criminal proceedings during civil proceedings 37 Criminal proceedings after civil proceedings 38 Evidence given in proceedings for penalty not admissible in criminal proceedings Division 2—Infringement notices 39 When an infringement notice can be given 40 Matters to be included in an infringement notice 41 Amount of penalty 42 Withdrawal of an infringement notice 43 Paying the penalty in accordance with the notice 44 Effect of this Division on civil proceedings Division 3—Enforceable undertakings 45 Acceptance of undertakings relating to contraventions 46 Enforcement of undertakings Division 4—Liability of executive officers of bodies corporate 47 Civil penalties for executive officers of bodies corporate 48 Did an executive officer take reasonable steps to prevent contravention? Division 5—Injunctions 49 Injunctions Part 6—Administration Division 2—Decisions by the Regulator 54 Regulator may declare facility—group 54A Regulator may declare facility—non‑group entity 54B Regulator may declare facility—anti‑avoidance 55 Regulator may declare corporation etc. has operational control 55A Regulator may declare non‑group entity has operational control Division 3—Review of decisions 56 ART review of decisions Division 4—Monitoring compliance Subdivision A—Authorised officers 57 Appointment of authorised officers 58 Identity cards Subdivision B—Powers of authorised officers 59 Entering premises to monitor compliance 60 Powers of authorised officers in monitoring compliance 61 Authorised officer may request persons to answer questions Subdivision C—Obligations and incidental powers of authorised officers 62 Authorised officer must produce identity card on request 63 Consent 64 Announcement before entry 65 Details of warrant to be given to occupier etc. before entry 66 Use of electronic equipment in exercising monitoring powers 67 Compensation for damage to electronic equipment Subdivision D—Occupier's rights and responsibilities 68 Occupier entitled to be present during execution of warrant 69 Occupier to provide authorised officer with all facilities and assistance Subdivision E—Warrants 70 Monitoring warrants Subdivision F—Information gathering 71 Power to request information 72 Prohibitions on disclosure of information do not apply Subdivision G—Greenhouse and energy audits 73 Audits of registered corporations—compliance 73A Audits of persons providing information under section 20—compliance 74 Audits of registered corporations—other 74AA Audit of persons providing reports under section 19, 22G, 22X or 22XB 74A Audits of persons providing information under section 20—other 74B Audits of certain entities—compliance 74C Audits of certain entities—other 75 Conduct of audits 75A Register of greenhouse and energy auditors Part 7—Miscellaneous 76 Modification of National Environment Protection (National Pollutant Inventory) Measure 76A Periodic reviews of operation of this Act etc. 76B Special reviews of operation of this Act etc. 77 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to provide for the reporting and dissemination of information related to greenhouse gas emissions, greenhouse gas projects, energy production and energy consumption, and for other purposes Part 1—Introduction Division 1—Preliminary 1 Short title This Act may be cited as the National Greenhouse and Energy Reporting Act 2007. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table The day on which this Act receives the Royal Assent. 28 September 2007 2. Sections 3 to 77 The day after this Act receives the Royal Assent. 29 September 2007 Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent. (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act. 3 Objects (1) The first object of this Act is to introduce a single national reporting framework for the reporting and dissemination of information related to greenhouse gas emissions, greenhouse gas projects, energy consumption and energy production of corporations to: (b) inform government policy formulation and the Australian public; and (c) meet Australia's international reporting obligations; and (d) assist Commonwealth, State and Territory government programs and activities; and (e) avoid the duplication of similar reporting requirements in the States and Territories. (2) The second object of this Act is to contribute to the achievement of Australia's greenhouse gas emissions reduction targets by ensuring that each of the following outcomes (the safeguard outcomes) are achieved: (a) net covered emissions of greenhouse gases from the operation of a designated large facility do not exceed the baseline applicable to the facility; (b) total net safeguard emissions for all of the financial years between 1 July 2020 and 30 June 2030 do not exceed a total of 1,233 million tonnes of carbon dioxide equivalence; (c) net safeguard emissions decline to: (i) no more than 100 million tonnes of carbon dioxide equivalence for the financial year beginning on 1 July 2029; and (ii) zero for any financial year to begin after 30 June 2049; (d) the 5‑year rolling average safeguard emissions for each financial year that begins after 30 June 2024 are lower than the past 5‑year rolling average safeguard emissions for that financial year; (e) the responsible emitter for each designated large facility has a material incentive to invest in reducing covered emissions from the operation of the facility; (f) the competitiveness of trade‑exposed industries is appropriately supported as Australia and its regions seize the opportunities of the move to a global net zero economy. 4 Constitutional basis for Act This Act relies on: (a) the Commonwealth's legislative powers under paragraphs 51(xi), (xx), (xxix) and (xxxix) of the Constitution; and (b) any implied legislative powers of the Commonwealth. 5 Act excludes some State and Territory laws This Act is intended to apply to the exclusion of a law of a State or Territory, or a part of such a law: (a) that provides for the reporting or disclosure of information related to: (i) greenhouse gas emissions; or (ii) greenhouse gas projects; or (iii) energy consumption; or (iv) energy production; and (b) that the regulations provide is a law, or part of a law, to which this subsection applies; so far as the law, or part of the law, would otherwise apply in relation to a constitutional corporation. 5A Crown to be bound (1) This Act binds the Crown in each of its capacities. (2) This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence. (3) The protection in subsection (2) does not apply to an authority of the Crown. 6 Extension to external Territories This Act extends to every external Territory. 6A Extension to exclusive economic zone and continental shelf (1) This Act extends to a matter relating to the exercise of Australia's sovereign rights in the exclusive economic zone or the continental shelf. (2) Despite subsection 13AB(1) of the Seas and Submerged Lands Act 1973, this Act extends to acts, omissions, matters and things directly or indirectly connected with the exploration of, or exploitation of the natural resources of, the continental shelf in the Greater Sunrise special regime area. (3) Subsection (2) does not limit subsection (1). (4) Despite subsections (1) and (2), the safeguard provisions do not apply to a facility in the Greater Sunrise special regime area. 6C Application to foreign ships This Act does not apply to the extent that its application would be inconsistent with the exercise of rights of foreign ships in: (a) the territorial sea; or (b) the exclusive economic zone; or (c) waters of the continental shelf; in accordance with the United Nations Convention on the Law of the Sea. Division 2—Interpretation 7 Definitions In this Act: 1 April, when used in the safeguard provisions, means: (a) if the 1 April concerned is a business day—that 1 April; or (b) if the 1 April concerned is not a business day—the first business day after that 1 April. 5‑year rolling average safeguard emissions, for a financial year, means the amount, in tonnes of carbon dioxide equivalence, that is one fifth of the total amount of safeguard emissions for the 5 previous financial years. account number, in relation to a Registry account, has the same meaning as in the Australian National Registry of Emissions Units Act 2011. activity includes: (a) a condition; or (b) a circumstance; or (c) a state of affairs; relating to: (d) solid waste; or (e) carbon capture and storage; or (f) other storage; or (g) stockpiling; or (h) any other matter or thing. approved by the Regulator means approved by the Regulator, in writing, for the purposes of the provision in which the term occurs. Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901. associated provisions means the following provisions: (a) the provisions of a legislative instrument made under this Act; (b) the provisions of a legislative instrument made under the regulations; (c) sections 134.1, 134.2, 135.1, 135.2, 135.4, 136.1, 137.1 and 137.2 of the Criminal Code, in so far as those sections relate to: (i) this Act; or (ii) a legislative instrument made under this Act; or (iii) a legislative instrument made under the regulations. audit information means information obtained by or on behalf of an audit team leader in the course of carrying out a greenhouse and energy audit. audit team leader means a registered greenhouse and energy auditor appointed to carry out a greenhouse and energy audit or a safeguard audit. audit team member, in relation to a greenhouse and energy audit or a safeguard audit, means a person assisting the audit team leader to carry out the audit. Australian carbon credit unit has the same meaning as in the Carbon Credits (Carbon Farming Initiative) Act 2011. Australia's greenhouse gas emissions reduction targets means: (a) if: (i) Australia's current nationally determined contribution was communicated in accordance with Article 4 of the Paris Agreement in June 2022; and (ii) that nationally determined contribution has not been adjusted in accordance with paragraph 11 of Article 4 of the Paris Agreement; the greenhouse gas emissions reduction targets set out in paragraphs 10(1)(a) and (b) of the Climate Change Act 2022; or (b) in any other case—the greenhouse gas emissions reduction targets included in: (i) Australia's current nationally determined contribution communicated in accordance with Article 4 of the Paris Agreement; or (ii) if that nationally determined contribution has been adjusted in accordance with paragraph 11 of Article 4 of the Paris Agreement—that nationally determined contribution, as adjusted and in force from time to time. authorised officer means an officer appointed under section 57. avoid, in relation to emissions of greenhouse gases, includes reduce or eliminate. baseline emissions number has the meaning given by section 22XL. biodiversity audit has the same meaning as in the Nature Repair Act 2023. biodiversity audit report has the same meaning as in the Nature Repair Act 2023. business day means a day that is not: (a) a Saturday; or (b) a Sunday; or (c) a public holiday in the Australian Capital Territory. business unit has the meaning given by the regulations. carbon abatement means: (a) the removal of one or more greenhouse gases from the atmosphere; or (b) the avoidance of emissions of one or more greenhouse gases. carbon abatement contract has the same meaning as in the Carbon Credits (Carbon Farming Initiative) Act 2011. carbon capture and storage means: (a) the storage of a greenhouse gas substance in a part of a geological formation; or (b) the injection of a greenhouse gas substance into a part of a geological formation for the purposes of such storage; or (c) the capture, compression, processing, offloading, transportation or piped conveyance of a greenhouse gas substance, where the compression, processing, offloading, transportation or piped conveyance is for the purposes of such storage. An expression used in this definition has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006. For this purpose, assume that each reference in the definition of greenhouse gas substance in section 7 of that Act to a prescribed greenhouse gas were a reference to a greenhouse gas (within the meaning of this Act). carbon dioxide equivalence, of an amount of greenhouse gas, means the amount of the gas multiplied by a value specified in the regulations in relation to that kind of greenhouse gas. Chapter 5 body corporate has the same meaning as in the Corporations Act 2001. civil penalty provision has the meaning given by section 29. Commonwealth Registry account has the same meaning as in the Australian National Registry of Emissions Units Act 2011. constitutional corporation means a corporation to which paragraph 51(xx) of the constitution applies. consumption, of energy, has the meaning given by section 10. controlling corporation means a constitutional corporation that does not have a holding company incorporated in Australia. court means: (a) the Federal Court of Australia; or (b) the Federal Circuit and Family Court of Australia (Division 2). covered emissions has the meaning given by section 22XI. designated financial year means: (a) the financial year beginning on 1 July 2012; or (b) a later financial year. designated generation facility means a facility that is: (a) attributable to the industry sector mentioned in item 54 of Schedule 2 to the National Greenhouse and Energy Reporting Regulations 2008 (which deals with electricity generation); and (b) not a vertically integrated production process (within the meaning of those regulations). designated large facility has the meaning given by section 22XJ. Doha Amendment means the amendments to the Kyoto Protocol that: (a) were adopted by the Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol, in Decision 1/CMP.8; and (b) are set out in Annex I to that Decision. Note 1: The Doha Amendment was adopted in Doha, Qatar, in December 2012. Note 2: The Doha Amendment could in 2014 be viewed on the United Nations Framework Convention on Climate Change website (http://www.unfccc.int). electronic notice transmitted to the Regulator has the same meaning as in the Australian National Registry of Emissions Units Act 2011. eligible offsets project has the same meaning as in the Carbon Credits (Carbon Farming Initiative) Act 2011. emission of greenhouse gas means: (a) a scope 1 emission of greenhouse gas; or (b) a scope 2 emission of greenhouse gas. energy, includes fuel, or any other energy commodity, of a kind specified in the regulations. engage in conduct means: (a) do an act; or (b) omit to perform an act. ERF audit means: (a) an audit under section 214 or 215 of the Carbon Credits (Carbon Farming Initiative) Act 2011; or (b) an audit carried out for the purposes of preparing an audit report prescribed for the purposes of any of the following provisions of the Carbon Credits (Carbon Farming Initiative) Act 2011: (i) paragraph 13(1)(e); (ii) paragraph 13(1)(ea); (iii) paragraph 13(1)(eb); (iv) paragraph 23(1)(d); (v) paragraph 76(4)(c); (vi) paragraph 76(4)(ca); (vii) paragraph 76(4)(cb). ERF audit report means: (a) an audit report under section 214 or 215 of the Carbon Credits (Carbon Farming Initiative) Act 2011; or (b) an audit report prescribed for the purposes of any of the following provisions of the Carbon Credits (Carbon Farming Initiative) Act 2011: (i) paragraph 13(1)(e); (ii) paragraph 13(1)(ea); (iii) paragraph 13(1)(eb); (iv) paragraph 23(1)(d); (v) paragraph 76(4)(c); (vi) paragraph 76(4)(ca); (vii) paragraph 76(4)(cb). excess emissions situation has the meaning given by section 22XE. executive officer of a body corporate means: (a) a director of the body corporate; or (b) the chief executive officer (however described) of the body corporate; or (c) the chief financial officer (however described) of the body corporate; or (d) the secretary of the body corporate. facility has the meaning given by section 9. financial control has the meaning given by section 22R. financial year, when used in the safeguard provisions, means a financial year that began on or after the safeguard commencement day. foreign country includes a region where: (a) the region is a colony, territory or protectorate of a foreign country; or (b) the region is part of a foreign country; or (c) the region is under the protection of a foreign country; or (d) a foreign country exercises jurisdiction or control over the region; or (e) a foreign country is responsible for the region's international relations. foreign person means any of the following: (a) an individual who is not ordinarily resident in Australia; (b) a body corporate that: (i) is incorporated outside Australia; or (ii) is an authority of a foreign country; (c) a corporation sole that: (i) is incorporated outside Australia; or (ii) is an authority of a foreign country; (d) a body politic of a foreign country; (e) a trust, where the trustee, or a majority of the trustees, are covered by any or all of the above paragraphs. Greater Sunrise special regime area has the same meaning as in the Seas and Submerged Lands Act 1973. greenhouse and energy audit means an audit under any of sections 73 to 74C. greenhouse and energy information means information reported to the Regulator under this Act or the safeguard rules, or information obtained by a person whilst performing duties under this Act, the regulations or the safeguard rules. greenhouse gas has the meaning given by section 7A. greenhouse gas project means an activity or series of activities: (a) designed to remove or reduce the emission of greenhouse gases; and (b) which meet the requirements specified in the regulations. group has the meaning given by section 8. group entity means a corporation that is a member of a controlling corporation's group. holding company, in relation to a body corporate, is a body corporate of which the first body corporate is a subsidiary. industry sector has the meaning given by the regulations. insolvent under administration has the same meaning as in the Corporations Act 2001. international agreement means an agreement whose parties are: (a) Australia and a foreign country; or (b) Australia and 2 or more foreign countries. issue, in relation to a safeguard mechanism credit unit, means issue under section 22XNA. joint venture means an unincorporated enterprise carried on by 2 or more persons in common otherwise than in partnership. 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 Kyoto Protocol is in Australian Treaty Series 2008 No. 2 ([2008] ATS 2) and could in 2014 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au). local governing body means a local governing body established by or under a law of a State or Territory. member, in relation to a group, has the meaning given by subsection 8(2). monitoring period has the meaning given by section 22XG. natural gas has the meaning given by the regulations. net emissions number has the meaning given by section 22XK. net safeguard emissions, for a financial year, means the total amount, in tonnes of carbon dioxide equivalence, of net covered emissions from the operation, during the financial year, of all designated large facilities for the financial year. non‑group entity means a person who is not a member of a controlling corporation's group. official of the Regulator has the same meaning as in the Clean Energy Regulator Act 2011. offsets, of greenhouse gas emissions, has the meaning given by section 10. operation, in relation to a facility, includes the subsistence of the facility. operational control has the meaning given by section 11, 11A, 11B or 11C. 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 2022 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au). past 5‑year rolling average safeguard emissions, for a financial year (the current financial year), means the amount, in tonnes of carbon dioxide equivalence, that is one fifth of the total amount of safeguard emissions for the period of 5 financial years that ended: (a) if the current financial year ends before 1 July 2027—3 years before the start of the current financial year; or (b) otherwise—2 years before the start of the current financial year. person means any of the following: (a) an individual; (b) a body corporate; (c) a trust; (d) a corporation sole; (e) a body politic; (f) a local governing body. prescribed carbon unit has the meaning given by section 22XM. production, of energy, has the meaning given by section 10. reduction, of greenhouse gas emissions, has the meaning given by section 10. Register means the National Greenhouse and Energy Register maintained under section 16. registered corporation means a corporation that is registered under this Act. registered greenhouse and energy auditor means an individual who is registered in the register of greenhouse and energy auditors kept under section 75A. registered holder, in relation to a prescribed carbon unit or a relinquishable unit, means the person in whose Registry account there is an entry for the unit. registered person means a person registered under this Act. Registry means the Australian National Registry of Emissions Units continued in existence under the Australian National Registry of Emissions Units Act 2011. Registry account has the same meaning as in the Australian National Registry of Emissions Units Act 2011. Regulator means the Clean Energy Regulator. relinquishable unit means an Australian carbon credit unit or a safeguard mechanism credit unit. removal, of greenhouse gas, has the meaning given by section 10. reporting transfer certificate means a certificate issued under section 22L. reporting transfer test has the meaning given by section 22J. responsible emitter has the meaning given by section 22XH. safeguard audit means an audit carried out for the purposes of preparing an audit report prescribed by safeguard rules made for the purposes of paragraph 22XNA(4)(c) or subsection 22XQ(3). safeguard audit report means an audit report prescribed by safeguard rules made for the purposes of paragraph 22XNA(4)(c) or subsection 22XQ(3). safeguard commencement day means the day on which Part 3H commences. safeguard emissions, for a financial year, means the total amount, in tonnes of carbon dioxide equivalence, of covered emissions from the operation, during the financial year, of all designated large facilities for the financial year. safeguard mechanism credit unit means a unit issued under section 22XNA. safeguard outcome has the meaning given by subsection 3(2). safeguard provisions means the following provisions: (a) subsection 3(2); (b) section 15B; (c) section 18AA; (ca) paragraph 18B(3)(ba); (d) Part 3G; (e) Part 3H. safeguard rules means rules made under section 22XS. scope 1 emission of greenhouse gas has the meaning given by section 10. scope 2 emission of greenhouse gas has the meaning given by section 10. Secretary means the Secretary of the Department. subsidiary has the meaning given by section 46 of the Corporations Act 2001. surrender, in relation to a prescribed carbon unit, means surrender under section 22XN. trust means a person in the capacity of trustee or, as the case requires, a trust estate. trustee has the same meaning as in the Income Tax Assessment Act 1997. trust estate has the same meaning as in the Income Tax Assessment Act 1997. United Nations Convention on the Law of the Sea means the United Nations Convention on the Law of the Sea, done at Montego Bay on 10 December 1982. Note: The text of the Convention is set out in Australian Treaty Series 1994 No. 31 ([1994] ATS 31). In 2011, the text of an international agreement in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au). unsatisfactory compliance record has the meaning given by section 11D. warrant (except in paragraph 60(1)(h)) means a warrant issued under section 70. 7A Greenhouse gas (1) For the purposes of this Act, each of the following is a greenhouse gas: (a) carbon dioxide; (b) methane; (c) nitrous oxide; (d) sulfur hexafluoride; (e) a hydrofluorocarbon of a kind specified in the table in subsection (2); (f) a perfluorocarbon of a kind specified in the table in subsection (3); (g) a prescribed gas. Table 1—Hydrofluorocarbons (2) Table 1 is as follows: Hydrofluorocarbons Item Hydrofluorocarbon Chemical formula 1 HFC‑23 CHF3 2 HFC‑32 CH2F2 3 HFC‑41 CH3F 4 HFC‑43‑10mee C5H2F10 5 HFC‑125 C2HF5 6 HFC‑134 C2H2F4 (CHF2CHF2) 7 HFC‑134a C2H2F4 (CH2FCF3) 8 HFC‑143 C2H3F3 (CHF2CH2F) 9 HFC‑143a C2H3F3 (CF3CH3) 10 HFC‑152a C2H4F2 (CH3CHF2) 11 HFC‑227ea C3HF7 12 HFC‑236fa C3H2F6 13 HFC‑245ca C3H3F5 Table 2—Perfluorocarbons (3) Table 2 is as follows: Perfluorocarbons Item Perfluorocarbon Chemical formula 1 Perfluoromethane CF4 (tetrafluoromethane) 2 Perfluoroethane C2F6 (hexafluoroethane) 3 Perfluoropropane C3F8 4 Perfluorobutane C4F10 5 Perfluorocyclobutane c‑C4F8 6 Perfluoropentane C5F12 7 Perfluorohexane C6F14 8 Group and members of a group (1) For the purposes of this Act, a controlling corporation's group consists of the following entities: (a) the controlling corporation; (b) the controlling corporation's subsidiaries covered by subsection (3) (if any). However, paragraph (b) does not apply if the controlling corporation is not incorporated in Australia. (2) The members of the group are the entities mentioned in subsection (1) (other than the controlling corporation's subsidiaries if the controlling corporation is not incorporated in Australia). (3) A subsidiary of the controlling corporation is covered by this section unless: (a) the subsidiary is also a subsidiary of another body corporate because the other body corporate meets the requirement in subparagraph 46(a)(i) or (ii) of the Corporations Act 2001 in relation to the subsidiary; and (b) the other body corporate is not a member of the group (including by reason of a previous operation of this subsection). (4) To avoid doubt, a controlling corporation's group may consist of the controlling corporation alone. 9 Facilities (1) For the purposes of this Act, a facility is an activity, or a series of activities (including ancillary activities), that involve greenhouse gas emissions, the production of energy or the consumption of energy and that: (a) form a single undertaking or enterprise and meet the requirements of the regulations; or (b) are declared by the Regulator to be a facility under section 54, 54A or 54B. (2) Paragraph (1)(a) does not apply if a declaration of a kind referred to in paragraph (1)(b) is in force. (4) Regulations made for the purposes of paragraph (1)(a) may specify: (a) the circumstances in which an activity or activities (including ancillary activities) will form part of a single undertaking or enterprise; and (b) what activities are attributable to particular industry sectors. 10 Emissions, energy production, energy consumption etc. (1) References in this Act to the following: (a) scope 1 emission of greenhouse gas; (aa) scope 2 emission of greenhouse gas; (b) reduction of greenhouse gas emissions; (c) removal of greenhouse gas; (d) offsets of greenhouse gas emissions; (e) production of energy; (f) consumption of energy; have the meaning specified by the regulations. (2) Regulations made for the purposes of paragraph (1)(aa) may specify a meaning of scope 2 emission of greenhouse gas that includes emissions related to the consumption of specified kinds of energy. (3) The Minister may determine, by legislative instrument, methods, or criteria for methods, by which the amounts of the scope 1 emissions, scope 2 emissions, reduction, removal, offsets, production or consumption are to be measured for the purposes of this Act and may specify: (a) in the case of scope 1 emissions—different methods or criteria for emissions from different sources; and (b) different methods or criteria depending on the circumstances in which the scope 1 emissions, scope 2 emissions, reduction, removal, offsets, production or consumption occurred; and (c) conditions relating to the use of methods determined by the Minister or of methods which meet criteria determined by the Minister; and (d) rating systems for those methods (including different rating systems for different circumstances); and (e) the particular rating given to each of those methods. (4) A determination under subsection (3) may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, a matter contained in an instrument or writing: (a) as in force or existing at a particular time; or (b) as in force or existing from time to time. (5) Subsection (4) has effect despite anything in subsection 14(2) of the Legislation Act 2003. (6) If a determination under subsection (3) makes provision in relation to a matter by applying, adopting or incorporating, with or without modification, a matter contained in an instrument or writing, the Regulator must ensure that the text of the matter applied, adopted or incorporated is published on its website. (7) Subsection (6) does not apply if the publication would infringe copyright. (8) A determination under subsection (3) may make provision in relation to a matter by conferring a power to make a decision of an administrative character on the Regulator. 11 Operational control—basic rule (1) For the purposes of this Act, a person has operational control over a facility if: (a) the person has the authority to introduce and implement any or all of the following for the facility: (i) operating policies; (ii) health and safety policies; (iii) environmental policies; and meets the requirements of the regulations; or (b) the Regulator declares the person to have operational control of the facility under section 55 or 55A. (2) Paragraph (1)(a) does not apply in relation to a facility if a declaration of a kind referred to in paragraph (1)(b) is in force in relation to the facility. (3) For the purposes of this Act, only one person can have operational control over a facility at any one time. (4) This section has effect subject to sections 11A, 11B and 11C. 11A Operational control—person with greatest authority Scope (1) This section applies if the following conditions are satisfied in relation to a period that is included in, or consists of, a designated financial year: (a) 2 or more persons could satisfy paragraph 11(1)(a) in relation to a facility throughout the period; (b) a particular person has the greatest authority to introduce and implement the policies mentioned in subparagraphs 11(1)(a)(i) and (iii) in relation to the facility throughout the period; (c) no declaration under section 55 or 55A applies in relation to the facility at any time during the period. Operational control (2) The person mentioned in paragraph (1)(b) is taken, for the purposes of this Act, to have operational control over the facility throughout the period. 11B Operational control—nominated person Eligible nomination test (1) For the purposes of this section, a facility passes the eligible nomination test at a particular time if: (a) 2 or more persons (the relevant persons) could satisfy paragraph 11(1)(a) in relation to the facility at that time; and (b) no particular person has the greatest authority to introduce and implement the policies mentioned in subparagraphs 11(1)(a)(i) and (iii) in relation to the facility at that time; and (c) no declaration under section 55 or 55A applies in relation to the facility at that time; and (d) that time occurs in a designated financial year. Nomination (2) 2 or more persons may jointly nominate one of them to be the nominated person in relation to a facility throughout the period: (a) beginning at the start of the day specified in the nomination as the day on which the nomination is to come into force (the start day); and (b) ending at a later time specified in the nomination. (3) The nomination must: (a) be in writing; and (b) be in a form approved by the Regulator; and (c) be accompanied by such information as is specified in the regulations; and (d) be accompanied by such documents (if any) as are specified in the regulations. (4) If: (a) any of those persons is a foreign person; and (b) any of those persons is not a foreign person; a foreign person cannot be nominated. (5) The nomination has no effect unless, at the beginning of the start day: (a) the facility passes the eligible nomination test; and (b) the nominators are the relevant persons. (6) The start day may occur before the nomination is made. (8) If the start day occurs during a particular designated financial year, the nomination must not be made after 31 August next following the designated financial year. (9) The start day may be later than the day on which the nomination is made, so long as: (a) the start day occurs in the same financial year as the day on which the nomination is made; or (b) the start day occurs in the financial year next following the financial year in which the nomination is made. Cancellation of nomination (10) The Regulator may cancel a nomination that relates to a facility if the Regulator is satisfied that: (a) the facility passes the eligible nomination test, but the nominated person is not a relevant person; or (b) the facility does not pass the eligible nomination test; or (c) the nominated person has become a Chapter 5 body corporate; or (d) the nominated person has become an insolvent under administration; or (e) the nominated person has an unsatisfactory compliance record. Note: For unsatisfactory compliance record, see section 11D. (11) A cancellation of a nomination takes effect on the day specified in the notice of cancellation as the day on which the cancellation is to take effect. (12) If the Regulator cancels a nomination, the Regulator must give written notice of the cancellation to each nominator. Replacement nomination (13) If: (a) a nomination (the original nomination) is in force in relation to a facility; and (b) another nomination is made in relation to the facility; the other nomination has no effect unless it is expressed to replace the original nomination. Revocation of nomination (14) If: (a) a nomination (the original nomination) is in force in relation to a facility; and (b) another nomination is made in relation to the facility; and (c) the other nomination is expressed to replace the original nomination; the original nomination is taken to have been revoked at the beginning of the start day for the other nomination. Operational control—nomination made (15) If: (a) a nomination is in force in relation to a facility throughout a particular period; and (b) the facility passes the eligible nomination test at all times during the period; the nominated person is taken, for the purposes of this Act, to have operational control of the facility throughout the period. Operational control—nomination not made (17) If: (a) no nomination is in force in relation to a facility at any time during a particular period; and (b) the facility passes the eligible nomination test at all times during the period; each of the relevant persons is taken, for the purposes of this Act, to have operational control of the facility throughout the period. Notification (20) If: (a) a nomination is in force in relation to a facility; and (b) the facility ceases to pass the eligible nomination test; each nominator must, within 30 days after the cessation, notify the cessation to the Regulator unless the cessation has previously been notified to the Regulator. Civil penalty: 400 penalty units. Exceptions (21) A person is not required to comply with subsection (20) if the question of who has operational control of the facility is not relevant (whether directly or indirectly) to a requirement under this Act. (22) A person is not required to comply with subsection (20) if the facility ceases to pass the eligible nomination test because of the making of a declaration under section 55 or 55A. Definition (23) In this section: nomination means a nomination under subsection (2). 11C Operational control—trust with multiple trustees Eligible nomination test (1) For the purposes of this section, a facility passes the eligible nomination test at a particular time if: (a) because of section 11, 11A or 11B, a trust has operational control of the facility at that time; and (b) at that time, there are 2 or more trustees (the relevant trustees) of the trust; and (c) no declaration under section 55 or 55A applies in relation to the facility at that time; and (d) that time occurs in a designated financial year. Nomination (2) 2 or more trustees may jointly nominate one of them to be the nominated trustee in relation to a facility throughout the period: (a) beginning at the start of the day specified in the nomination as the day on which the nomination is to come into force (the start day); and (b) ending at a later time specified in the nomination. (3) The nomination must: (a) be in writing; and (b) be in a form approved by the Regulator; and (c) be accompanied by such information as is specified in the regulations; and (d) be accompanied by such documents (if any) as are specified in the regulations. (4) If: (a) any of those trustees is a foreign person; and (b) any of those trustees is not a foreign person; a foreign person cannot be nominated. (5) The nomination has no effect unless, at the beginning of the start day: (a) the facility passes the eligible nomination test; and (b) the nominators are the relevant trustees. (6) The start day may occur before the nomination is made. (7) If the start day occurs during a particular designated financial year, the nomination must not be made after 31 August next following the designated financial year. (8) The start day may be later than the day on which the nomination is made, so long as: (a) the start day occurs in the same financial year as the day on which the nomination is made; or (b) the start day occurs in the financial year next following the financial year in which the nomination is made. Cancellation of nomination (9) The Regulator may cancel a nomination that relates to a facility if the Regulator is satisfied that: (a) the facility passes the eligible nomination test, but the nominated trustee is not a relevant trustee; or (b) the facility does not pass the eligible nomination test; or (c) the nominated trustee has become a Chapter 5 body corporate; or (d) the nominated trustee has become an insolvent under administration; or (e) the nominated trustee has an unsatisfactory compliance record. Note: For unsatisfactory compliance record, see section 11D. (10) A cancellation of a nomination takes effect on the day specified in the notice of cancellation as the day on which the cancellation is to take effect. (11) If the Regulator cancels a nomination, the Regulator must give written notice of the cancellation to each nominator. Replacement nomination (12) If: (a) a nomination (the original nomination) is in force in relation to a facility; and (b) another nomination is made in relation to the facility; the other nomination has no effect unless it is expressed to replace the original nomination. Revocation of nomination (13) If: (a) a nomination (the original nomination) is in force in relation to a facility; and (b) another nomination is made in relation to the facility; and (c) the other nomination is expressed to replace the original nomination; the original nomination is taken to have been revoked at the beginning of the start day for the other nomination. Operational control—nomination made (14) If: (a) a nomination is in force in relation to a facility throughout a particular period; and (b) the facility passes the eligible nomination test at all times during the period; the nominated trustee is taken, for the purposes of this Act, to have operational control of the facility throughout the period. Operational control—nomination not made (15) If: (a) no nomination is in force in relation to a facility at any time during a particular period; and (b) the facility passes the eligible nomination test at all times during the period; each relevant trustee is taken, for the purposes of this Act, to have operational control of the facility throughout the period. Notification (16) If: (a) a nomination is in force in relation to a facility; and (b) the facility ceases to pass the eligible nomination test; each nominator must, within 30 days after the cessation, notify the cessation to the Regulator unless the cessation has previously been notified to the Regulator. Exceptions (17) A trustee is not required to comply with subsection (16) if the question of who has operational control of the facility is not relevant (whether directly or indirectly) to a requirement under this Act. (18) A trustee is not required to comply with subsection (16) if the facility ceases to pass the eligible nomination test because of the making of a declaration under section 55 or 55A. Definition (19) In this section: nomination means a nomination under subsection (2). 11D Unsatisfactory compliance record (1) For the purposes of this Act, a person has an unsatisfactory compliance record if, and only if: (a) at any time during the preceding 5 years, the person has breached a requirement under this Act to provide a report; or (b) at any time during the preceding 5 years, the person has provided a report under this Act that contains information that is false or misleading in a material particular; or (d) the following conditions are satisfied: (i) at any time during the preceding 5 years, a copy of an audit report of a greenhouse and energy audit relating to the person was given to the Regulator under this Act; (ii) the report contained an adverse conclusion (within the meaning of the National Greenhouse and Energy Reporting (Audit) Determination 2009); or (e) at any time during the preceding 5 years, the person has breached a civil penalty provision of this Act; or (f) if the person is a body corporate—at any time during the preceding 5 years, an executive officer of the body corporate has breached a civil penalty provision of this Act; or (g) both: (i) at any time during the preceding 5 years, the person has done a particular act; and (ii) the act is of a kind specified in the regulations; or (h) both: (i) at any time during the preceding 5 years, the person has omitted to do a particular act; and (ii) the omission is of a kind specified in the regulations; or (i) the person has been convicted of an offence against this Act; or (j) if the person is a body corporate—an executive officer of the body corporate has been convicted of an offence against this Act. Spent convictions (2) 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). Part 2—Registration Division 1—Applying for registration Subdivision A—Application by a controlling corporation 12 Applying to register in relation to meeting a threshold (1) A controlling corporation must apply, in accordance with this section, to be registered under Division 3 if the corporation's group meets one or more of the thresholds under section 13 for a financial year (the trigger year) ending on or after 30 June 2009. Civil penalty: 2,000 penalty units. Note: Under section 30 a controlling corporation may be liable for an additional civil penalty for each day that it fails to apply in accordance with subsection (1) of this section. (2) However, a controlling corporation is not required to make an application under subsection (1) in relation to a financial year if: (a) the corporation has previously made an application under subsection (1) or (3); and (b) the corporation was registered under Division 3 because of that application; and (c) the corporation is registered under Division 3 at the end of that year. Example: A controlling corporation's trigger year is the financial year ending on 30 June 2009. During that year, the corporation applies under subsection (1) to be registered under Division 3 and the corporation is so registered. On 30 June 2010 the corporation is still registered under Division 3. The corporation is not required to make an application under subsection (1) in relation to the financial year ending on 30 June 2010. (3) A controlling corporation may apply, in accordance with this section, to be registered under Division 3 if an executive officer of the corporation is satisfied that the corporation's group is likely to meet one or more of the thresholds under section 13 for a financial year (the trigger year) ending on or after 30 June 2009. (4) An application under subsection (1) or (3) must be made by 31 August in the financial year after the trigger year. 13 Thresholds (1) A controlling corporation's group meets a threshold for a financial year if in that year: (a) the total amount of greenhouse gases emitted from the operation of facilities under the operational control of entities that are members of the group has a carbon dioxide equivalence of: (i) if the financial year starts on 1 July 2008—125 kilotonnes or more; or (ii) if the financial year starts on 1 July 2009—87.5 kilotonnes or more; or (iii) if the year is a later financial year—50 kilotonnes or more; or (b) the total amount of energy produced from the operation of facilities under the operational control of entities that are members of the group is: (i) if the financial year starts on 1 July 2008—500 terajoules or more; or (ii) if the financial year starts on 1 July 2009—350 terajoules or more; or (iii) if the year is a later financial year—200 terajoules or more; or (c) the total amount of energy consumed from the operation of facilities under the operational control of entities that are members of the group is: (i) if the financial year starts on 1 July 2008—500 terajoules or more; or (ii) if the financial year starts on 1 July 2009—350 terajoules or more; or (iii) if the year is a later financial year—200 terajoules or more; or (d) an entity that is a member of the group has operational control of a facility the operation of which during the year causes: (i) emission of greenhouse gases that have a carbon dioxide equivalence of 25 kilotonnes or more; or (ii) production of energy of 100 terajoules or more; or (iii) consumption of energy of 100 terajoules or more. (1A) Subsection (1) does not apply in relation to: (a) greenhouse gas emissions; or (b) energy production; or (c) energy consumption; unless the Minister has, under subsection 10(3), determined: (d) methods by which the amounts of the emissions, production or consumption, as the case may be, are to be measured; or (e) criteria for methods by which the amounts of emissions, production or consumption, as the case may be, are to be measured. (2) If a group entity has operational control of a facility for a number of, but not all, days in a financial year (the control days), subparagraphs (1)(d)(i) to (iii) have effect as though each threshold were replaced by the amount worked out using the following formula: Reporting transfer certificate (3) For the purposes of this section, if a person was the holder of a reporting transfer certificate in relation to a facility on a particular day, the facility is taken not to have been under the operational control of a group entity on that day. 14 Applying to register in relation to greenhouse gas project A controlling corporation that is not a registered corporation may apply to be registered under Division 3 if the corporation, or one or more members of the corporation's group, are undertaking or proposing to undertake a greenhouse gas project. 15 Requirements for applications An application under section 12 or 14 must: (a) be made to the Regulator; and (aa) be in a form approved by the Regulator; and (b) identify the controlling corporation; and (c) contain any other information required by the regulations (which must be information that relates to one or more members of a controlling corporation's group); and (d) comply with any requirements prescribed by the regulations. Subdivision B—Application by a person who is not a controlling corporation 15B Application by a person who is not a controlling corporation (1) If: (a) a person is the responsible emitter for a facility during the whole or a part of a financial year; and (b) the facility is a designated large facility for the financial year; and (c) the person is not a controlling corporation; the person must apply, in accordance with this section, to be registered under this Act. Note: Under Division 137 of the Criminal Code, it may be an offence to provide false or misleading information or documents to the Regulator in purported compliance with this Act. (2) However, a person is not required to make an application under subsection (1) if the person is registered under this Act at the end of the financial year. (3) An application under subsection (1) must be made by 31 August next following the financial year. (3A) A person may apply, in accordance with this section, to be registered under this Act if: (a) the person has operational control of a facility of a kind specified in the safeguard rules; and (b) the person is not a controlling corporation. (4) An application under subsection (1) or (3A) must: (a) be made to the Regulator; and (b) be in a form approved by the Regulator; and (c) set out the information specified by the safeguard rules for the purposes of this paragraph. Division 2—National Greenhouse and Energy Register 16 National Greenhouse and Energy Register (1) The Regulator is to maintain a register, to be known as the National Greenhouse and Energy Register, that sets out: (a) the name of each person registered under this Act; and (b) any other matters, specified in the regulations, that relate to the following: (i) information included in the application for registration; (ii) whether the person has complied with provisions of this Act; (iii) information included in a report given by the person under this Act; (iv) information that is published under section 24; (v) the results of a greenhouse and energy audit carried out in relation to the person; (vi) the safeguard provisions. (2) The National Greenhouse and Energy Register may be maintained by electronic means. (3) The National Greenhouse and Energy Register may be made available for inspection in any way the Regulator thinks appropriate. (4) The Regulator must ensure that the National Greenhouse and Energy Register is up‑to‑date. (5) The National Greenhouse and Energy Register is not a legislative instrument. (6) Before the end of 28 February next following each financial year, the Regulator must publish on its website the name of each person registered under this Act at any time during the financial year. (7) Subsection (6) does not limit subsection (3). Division 3—Registration of controlling corporations 17 Registration of corporations (1) The Regulator must register a corporation under this Division if the corporation has applied for registration under section 12 in accordance with section 15. (2) The Regulator may register a corporation under this Division if: (a) the Regulator is satisfied that section 14 permits the corporation to apply for registration; and (b) the corporation has applied for registration in accordance with section 15. (3) The Regulator must notify the corporation, in writing, of his or her decision on the application. (3A) The Regulator must register a corporation under this Division if: (a) a reporting transfer certificate is issued to the corporation; and (b) the corporation is not already registered under this Division. (4) The corporation is registered under this Division when the Regulator has entered the name of the corporation on the Register. Division 4—Registration of other persons 18AA Registration of other persons (1) The Regulator must register a person under this Act if the person has applied for registration under section 15B. (2) The Regulator must notify the person, in writing, of the Regulator's decision on the application. (3) The person is registered under this Act when the Regulator has entered the name of the person on the Register. Division 5—Deregistration 18B Deregistration Deregistration on application (1) A registered person may apply to the Regulator to be deregistered. (2) An application must: (a) be in writing; and (b) be in a form approved by the Regulator; and (c) set out such information as is specified in the regulations. (3) The Regulator must remove the person's name from the Register if the Regulator is satisfied that: (a) in a case where the person is the controlling corporation of a group—the group is not likely to meet any of the thresholds under section 13 for: (i) the financial year in which the application is made; and (ii) the next 2 financial years; and (b) if the person was registered under section 18AA—the person is not likely to be required to give a report to the Regulator under section 22XB at any time during the next 4 financial years; and (ba) if the person has been issued safeguard mechanism credit units—the person has complied with any requirements specified in the safeguard rules for the purposes of this paragraph; and (c) the person does not hold a reporting transfer certificate; and (d) the person has complied with the person's obligations under this Act. (4) The Regulator must notify the person, in writing, of the Regulator's decision on the application. Deregistration on the Regulator's own initiative (5) The Regulator may remove a person's name from the Register if the Regulator is satisfied that the person has ceased to exist. When registration ceases (6) A person ceases to be registered under this Act when the Regulator has removed the person's name from the Register. Part 3—Reporting obligations of registered corporations etc. 19 Report to be given to the Regulator (1) A corporation registered under Division 3 of Part 2 must, in accordance with this section and in respect of each financial year mentioned in subsection (2), provide a report to the Regulator relating to the: (a) greenhouse gas emissions; and (b) energy production; and (c) energy consumption; from the operation of facilities under the operational control of the corporation and entities that are members of the corporation's group, during that financial year. Civil penalty: 2,000 penalty units. Note 1: Under Division 137 of the Criminal Code it may be an offence to provide false or misleading information or documents to the Regulator in purported compliance with this Act. Note 2: Under section 20 the Regulator may determine that a person other than the registered corporation provide information required by this section. Note 3: Under section 30 a controlling corporation may be liable for an additio