Commonwealth Consolidated Acts Commonwealth Consolidated ActsIn this Act:
"account number" , in relation to a Registry account, has the meaning given by subsection 10(4).
"alter" the Registry, includes:
(a) make an entry in the Registry; and
(b) remove an entry from the Registry.
"assigned amount unit" means an assigned amount unit issued in accordance with the relevant provisions of the Kyoto rules. It is immaterial whether the unit was issued in or out of Australia.
"Australia" , when used in a geographical sense, includes the external Territories.
"Australian carbon credit unit" has the same meaning as in the Carbon Credits (Carbon Farming Initiative) Act 2011 .
"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.
"certified emission reduction" means a certified emission reduction issued outside Australia in accordance with the relevant provisions of the Kyoto rules.
"civil penalty order" means an order under subsection 69(1).
"civil penalty provision" means a provision declared by this Act to be a civil penalty provision.
"clean development mechanism project" means a project that is treated as a clean development mechanism project for the purposes of the relevant provisions of the Kyoto rules.
"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 text of the Convention is set out in Australian Treaty Series 1994 No. 2 ([1994] ATS 2). In 2011, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
"commitment period" means a period that is treated as a commitment period for the purposes of the Kyoto rules.
Note: The first commitment period begins on 1 January 2008 and ends on 31 December 2012.
"commitment period reserve" has the meaning given by the regulations.
"Commonwealth holding account" means a Commonwealth Registry account designated as a Commonwealth holding account.
"Commonwealth Registry account" means a Registry account kept in the name of the Commonwealth.
"decision of the Meeting of the Kyoto Parties" means a decision of the Meeting of the Kyoto Parties as existing from time to time. It is immaterial whether the decision was made before, at or after the commencement of this section.
"designated" , in relation to a Commonwealth Registry account, means designated under regulations made for the purposes of section 12.
"electronic communication" means a communication by means of guided and/or unguided electromagnetic energy.
"electronic notice transmitted to the Regulator" has the meaning given by section 5.
"eligible international emissions unit" means:
(a) a certified emission reduction (other than a temporary certified emission reduction or a long - term certified emission reduction); or
(b) an emission reduction unit; or
(c) a removal unit; or
(d) a prescribed unit issued in accordance with the Kyoto rules; or
(e) a safeguard mechanism credit unit if legislative rules made for the purposes of this paragraph specify that kind of unit.
It is immaterial whether a unit covered by paragraph (d) was issued in or outside Australia.
"emission reduction unit" means an emission reduction unit issued in accordance with the relevant provisions of the Kyoto rules. It is immaterial whether the unit was issued in or outside of Australia.
"engage in conduct" means:
(a) do an act; or
(b) omit to perform an act.
"evidential burden" , in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.
"Federal Court" means the Federal Court of Australia.
"foreign account" , when used in relation to a Kyoto unit, means an account kept within a foreign Kyoto registry.
"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 Kyoto registry" means:
(a) a registry of a Kyoto Party (other than Australia) that is the Kyoto Party's national registry for Kyoto units; or
(b) the CDM registry established in accordance with paragraph 1 of Appendix D to the Annex to Decision 3/CMP.1 of the Meeting of the Kyoto Parties.
"foreign registry" means a registry that:
(a) is located in a foreign country; and
(b) is specified in the regulations.
"hold" : a person holds an Australian carbon credit unit if the person is the registered holder of the unit.
"international arrangement" means an arrangement between Australia and:
(a) a foreign government body; or
(b) an international organisation.
"issue" :
(a) in relation to an Australian carbon credit unit--has the same meaning as in the Carbon Credits (Carbon Farming Initiative) Act 2011 ; or
(b) in relation to a safeguard mechanism credit unit--has the same meaning as in the National Greenhouse and Energy Reporting Act 2007 .
"Kyoto Australian carbon credit unit" has the same meaning as in the Carbon Credits (Carbon Farming Initiative) Act 2011 .
"Kyoto Party" means a Party to the Kyoto Protocol.
"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 text of the Kyoto Protocol is set out in Australian Treaty Series 2008 No. 2 ([2008] ATS 2). 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).
"Kyoto rules" means:
(a) the Kyoto Protocol; or
(b) a decision of the Meeting of the Kyoto Parties; or
(c) if a standard or other instrument, as existing from time to time, is adopted by the Meeting of the Kyoto Parties for a purpose relating to:
(i) the Kyoto Protocol; or
(ii) a decision of the Meeting of the Kyoto Parties;
the standard or instrument as existing from time to time; or
(d) if a standard or other instrument, as existing at a particular time, is adopted by the Meeting of the Kyoto Parties for a purpose relating to:
(i) the Kyoto Protocol; or
(ii) a decision of the Meeting of the Kyoto Parties;
the standard or instrument as existing at that time; or
(e) a prescribed instrument that relates to:
(i) the Kyoto Protocol; or
(ii) a decision of the Meeting of the Kyoto Parties.
It is immaterial whether a standard or instrument covered by paragraph (c), (d) or (e) was made before, at or after the commencement of this section. Despite anything in subsection 14(2) of the Legislation Act 2003 , regulations made for the purposes of paragraph (e) may prescribe an instrument:
(f) as existing at a particular time; or
(g) as existing from time to time.
"Kyoto unit" means:
(a) an assigned amount unit; or
(b) a certified emission reduction; or
(c) an emission reduction unit; or
(d) a removal unit; or
(e) a prescribed unit issued in accordance with the Kyoto rules.
It is immaterial whether a unit covered by paragraph (e) was issued in or outside Australia.
"legislative rules" means rules made under section 94A.
"long-term certified emission reduction" means a certified emission reduction that is treated as a long - term certified emission reduction for the purposes of the relevant provisions of the Kyoto rules.
"long-term certified emission reduction replacement (non" -certification) account means a Commonwealth Registry account designated as the long - term certified emission reduction replacement (non - certification) account for a particular commitment period.
"long-term certified emission reduction replacement (storage reversal) account" means a Commonwealth Registry account designated as the long - term certified emission reduction replacement (storage reversal) account for a particular commitment period.
"mandatory" cancellation account means a Commonwealth Registry account designated as the mandatory cancellation account for a particular commitment period.
"Meeting of the Kyoto Parties" means the Meeting of the Parties to the Climate Change Convention serving as the meeting of the Parties to the Kyoto Protocol.
"open" , in relation to a Registry account, means open under regulations made for the purposes of subsection 10(1).
"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.
"quarter" means a period of 3 months starting on 1 July, 1 October, 1 January or 1 April.
"registered holder" , in relation to:
(a) an Australian carbon credit unit; or
(b) a Kyoto unit; or
(c) a safeguard mechanism credit unit;
means the person in whose Registry account there is an entry for the unit.
"Registry" means the Australian National Registry of Emissions Units continued in existence under section 9.
"Registry account" means an account kept in accordance with regulations made for the purposes of subsection 10(1).
"Regulator" means the Clean Energy Regulator.
"removal unit" means a removal unit issued in accordance with the relevant provisions of the Kyoto rules. It is immaterial whether the unit was issued in or out of Australia.
"reviewable decision" has the meaning given by section 82.
"safeguard mechanism credit unit" has the same meaning as in the National Greenhouse and Energy Reporting Act 2007 .
"Secretary" means the Secretary of the Department.
"temporary certified emission reduction" means a certified emission reduction that is treated as a temporary certified emission reduction for the purposes of the relevant provisions of the Kyoto rules.
"transfer" :
(a) in relation to a Kyoto unit--has the meaning given by section 33; or
(b) in relation to a safeguard mechanism credit unit--has the meaning given by section 48C.
"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 .
"voluntary cancellation account" means a Commonwealth Registry account designated as the voluntary cancellation account for a particular commitment period.