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

Schedule 1  

Part 1   General amendments

Clean Energy Act 2011

43   After section 5

Insert:

5A Special meaning of supply - natural gas

(1) The regulations may provide that supply , when used in relation to natural gas in:

(a) section 35A; and

(b) the definition of natural gas supplier in section 5 so far as that definition relates to section 35A; and

(c) the remaining provisions of this Act so far as they relate to section 35A; and

(d) the provisions of the National Greenhouse and Energy Reporting Act 2007 so far as they relate to section 35A of this Act;

includes an act or a circumstance that, under the regulations, is taken to be a supply of natural gas.

(2) The regulations may provide that supply , when used in relation to natural gas in:

(a) section 35A; and

(b) the definition of natural gas supplier in section 5 so far as that definition relates to section 35A; and

(c) the remaining provisions of this Act so far as they relate to section 35A; and

(d) the provisions of the National Greenhouse and Energy Reporting Act 2007 so far as they relate to section 35A of this Act;

does not include an act or a circumstance that, under the regulations, is taken not to be a supply of natural gas.

(3) For the purposes of this section, the following provisions are taken to relate to section 35A:

(a) subsections 20(14) and (15);

(b) subsections 21(8E) and (8F);

(c) subsections 22(12) and (13);

(d) subsections 23(9E) and (9F);

(e) subsections 24(8E) and (8F);

(f) subsections 25(7E) and (7F);

(g) Divisions 4A and 4B of Part 3.

(4) Regulations made for the purposes of subsection (1) or (2), in so far as they are relevant to the calculation of a preliminary emissions number, apply in relation to the calculation of a preliminary emissions number of a person for: (a) an eligible financial year specified in those regulations; or

(b) a later eligible financial year.

(5) An eligible financial year specified under paragraph (4)(a) must be later than the financial year in which the regulations are registered under the Legislative Instruments Act 2003.