Clean Energy Amendment (International Emissions Trading and Other Measures) Act2012 (204 of 2012)
Schedule 1
Part 1 General amendments
Australian National Registry of Emissions Units Act 2011
22 At the end of Part 5
Add:
63B Relinquishment requirement to be entered in the Information Database
Scope
(1) This section applies if there is an entry for a person in the Information Database in relation to a financial year.
Relinquishment requirement
(2) If, under this Act, the person is required, during the financial year, to relinquish a particular number of Australian-issued international units, the Regulator must enter in the Information Database details of the relinquishment requirement.
63C Unpaid administrative penalty to be entered in the Information Database
Scope
(1) This section applies if:
(a) there is an entry for a person in the Information Database in relation to a financial year; and
(b) under this Act, the person is required to relinquish a particular number of Australian-issued international units; and
(c) during the financial year, an amount (the penalty amount ) payable by the person under section 66F in relation to non-compliance with the relinquishment requirement remains unpaid after the time when the penalty amount became due for payment.
Penalty amount
(2) The Regulator must enter in the Information Database details of the unpaid penalty amount.
63D Number of relinquished units to be entered in the Information Database
Scope
(1) This section applies if:
(a) there is an entry for a person in the Information Database in relation to a financial year; and
(b) under this Act, the person is required to relinquish a particular number of Australian-issued international units; and
(c) during the financial year, the person:
(i) relinquishes one or more Australian-issued international units in order to comply with the requirement;or
(ii) transfers one or more substitute units under section 66E instead of relinquishing the Australian-issued international units.
Units relinquished etc.
(2) As soon as practicable after receiving the notice of relinquishment or the section 66E notice, as the case may be, the Regulator must enter in the Information Database whichever of the following is applicable:
(a) the total number of Australian-issued international units relinquished;
(b) the total number of substitute units transferred under section 66E.
Substitute unit
(3) In this section:
substitute unit has the same meaning as in section 66E.
63E Information about relinquishment requirement applicable to a person who is not in the Information Database
Scope
(1) This section applies if:
(a) under this Act, a person is required, during a financial year, to relinquish a particular number of Australian-issued international units; and
(b) there is no entry for the person in the Information Database in relation to the financial year.
Relinquishment requirement
(2) The Regulator must publish on its website:
(a) the name of the person; and
(b) details of the relinquishment requirement.
63F Information about unpaid administrative penalties applicable to a person who is not in the Information Database
Scope
(1) This section applies if:
(a) under this Act, a person is required to relinquish a particular number of Australian-issued international units; and
(b) during an eligible financial year, an amount (the penalty amount ) payable by the person under section 66F in relation to non-compliance with the relinquishment requirement remains unpaid after the time when the penalty amount became due for payment; and
(c) there is no entry for the person in the Information Database in relation to the financial year.
Penalty amount
(2) The Regulator must publish on its website:
(a) the name of the person; and
(b) details of the unpaid penalty amount.
63G Information about number of units relinquished by a person who is not in the Information Database
Scope
(1) This section applies if:
(a) under this Act, a person is required to relinquish a particular number of Australian-issued international units; and
(b) during a financial year, the person:
(i) relinquishes one or more Australian-issued international units in order to comply with the requirement; or
(ii) transfers one or more substitute units under section 66E instead of relinquishing the Australian-issued international units; and
(c) there is no entry for the person in the Information Database in relation to the financial year.
Units relinquished etc.
(2) As soon as practicable after receiving the relinquishment noticeor the section 66E notice, as the case may be, the Regulator must publish on its website:
(a) the name of the person; and
(b) whichever of the following is applicable:
(i) the total number ofAustralian-issued international unitsrelinquished;
(ii) the total number of substitute units transferred under section 66E.
Substitute unit
(3) In this section:
substitute unit has the same meaning as in section 66E.