Clean Energy Amendment (International Emissions Trading and Other Measures) Act2012 (204 of 2012)

Schedule 1  

Part 2   Amendments relating to fuel

National Greenhouse and Energy Reporting Act 2007

105   At the end of section 10

Add:

Measuring and adjusting fuel supplied etc.

(5) The Minister may determine, by legislative instrument, methods, or criteria for methods, by which the following:

(a) the amounts of natural gas supplied by a natural gas supplier;

(b) the amounts of a particular kind of taxable fuel acquired, manufactured or imported by a person;

(c) the amounts of liquefied petroleum gas imported, manufactured, produced or supplied by a person;

(d) the amounts of liquefied natural gas imported, manufactured, produced or supplied by a person;

are to be measured for the purposes of this Act and the Clean Energy Act 2011, and may specify:

(e) different methods or criteria for different circumstances; and

(f) conditions relating to the use of methods determined by the Minister or of methods which meet criteria determined by the Minister; and

(g) rating systems for those methods (including different rating systems for different circumstances); and

(h) the particular rating given to each of those methods.

(6) The Minister may determine, by legislative instrument, that, if:

(a) under a specified provision of:

(i) Division 3 or 3A of Part 3 of the Clean Energy Act 2011; or

(ii) the Opt-in Scheme;

there is a provisional emissions number of a person for an eligible financial year; and

(b) under the same provision of:

(i) Division 3 or 3A of Part 3 of the Clean Energy Act 2011; or

(ii) the Opt-in Scheme;

as the case may be, there is a provisional emissions number of the person for the previous eligible financial year; and

(c) the provisional emissions number mentioned in paragraph (b):

(i) was calculated using a determination under subsection (5) of this section; and

(ii) exceeds the number that would have been the provisional emissions number mentioned in paragraph (b) if that number had not been calculated using the determination; and

(d) the conditions specified in the determination are satisfied;

the provisional emissions number mentioned in paragraph (a) is taken, for the purposes of this Act and the Clean Energy Act 2011, to be reduced by a number ascertained in accordance with the determination.

(7) The number ascertained in accordance with a determination under subsection (6) must not exceed the excess mentioned in paragraph (6)(c).

(8) The Minister may determine, by legislative instrument, that, if:

(a) under a specified provision of:

(i) Division 3 or 3A of Part 3 of the Clean Energy Act 2011; or

(ii) the Opt-in Scheme;

there is a provisional emissions number of a person for an eligible financial year; and

(b) under the same provision of:

(i) Division 3 or 3A of Part 3 of the Clean Energy Act 2011; or

(ii) the Opt-in Scheme;

as the case may be, there is a provisional emissions number of the person for the previous eligible financial year; and

(c) the provisional emissions number mentioned in paragraph (b):

(i) was calculated using a determination under subsection (5) of this section; and

(ii) falls short of the number that would have been the provisional emissions number mentioned in paragraph (b) if that number had not been calculated using the determination; and

(d) the conditions specified in the determination are satisfied;

the provisional emissions number mentioned in paragraph (a) is taken, for the purposes of this Act and the Clean Energy Act 2011, to be increased by a number ascertained in accordance with the determination.

(9) The number ascertained in accordance with a determination under subsection (8) must not exceed the shortfall mentioned in paragraph (8)(c).