Commonwealth Consolidated Acts Commonwealth Consolidated ActsReport for first reporting period
(1) The project proponent for an eligible offsets project must, in accordance with this section, give the Regulator a written report about the project for a period that:
(a) is expressed to be a reporting period for the project; and
(b) begins:
(i) if the project has a single crediting period--at the start of that crediting period; or
(ii) if the project has 2 crediting periods--at the start of the first crediting period; and
(c) is not shorter than:
(i) 6 months; or
(ii) if, under the legislative rules, a specified lesser number of months is the minimum number of months applicable to the report--that specified lesser number of months; and
(d) if the project is a sequestration offsets project--is not longer than 5 years; and
(e) if the project is an emissions avoidance offsets project--is not longer than 2 years.
Note: Under section 15, the general rule is that the Regulator may only issue a certificate of entitlement to Australian carbon credit units in relation to a reporting period for an eligible offsets project if the reporting period is included in a crediting period for the project.
Reports for subsequent reporting periods
(2) The project proponent for an eligible offsets project must, in accordance with this section, give the Regulator a written report about the project for a period that:
(a) is expressed to be a reporting period for the project; and
(b) begins immediately after the end of the previous reporting period for the project; and
(c) is not shorter than:
(i) 6 months; or
(ii) if, under the legislative rules, a specified lesser number of months is the minimum number of months applicable to the report--that specified lesser number of months; and
(d) if the project is a sequestration offsets project--is not longer than 5 years; and
(e) if the project is an emissions avoidance offsets project--is not longer than 2 years; and
(f) if the project is an emissions avoidance offsets project--is included in:
(i) a crediting period for the project; or
(ii) the extended accounting period (if any) for the project.
Note 1: Under section 15, the general rule is that the Regulator may only issue a certificate of entitlement to Australian carbon credit units in relation to a reporting period for an eligible offsets project if the reporting period is included in a crediting period for the project.
Note 2: See also section 77.
(3) A report under this section is to be known as an offsets report .
Offsets report requirements
(4) An offsets report about a project for a reporting period must:
(a) be given in the manner and form prescribed by the legislative rules; and
(b) set out the information specified in the legislative rules; and
(c) if, under the legislative rules, the offsets report is subject to audit under this Act--be accompanied by an audit report that is:
(i) prescribed by the legislative rules; and
(ii) prepared by a registered greenhouse and energy auditor who has been appointed as an audit team leader for the purpose; and
(ca) if:
(i) under the legislative rules, a set of 2 or more offsets reports given by the project proponent is subject to audit under this Act; and
(ii) the offsets report is included in that set;
be accompanied by an audit report that is:
(iii) prescribed by the legislative rules; and
(iv) prepared by a registered greenhouse and energy auditor who has been appointed as an audit team leader for the purpose; and
(cb) if, before the offsets report was given to the Regulator, the Regulator gave the project proponent a written notice stating that the offsets report would be subject to audit under this Act--be accompanied by an audit report that is:
(i) prescribed by the legislative rules; and
(ii) prepared by a registered greenhouse and energy auditor who has been appointed as an audit team leader for the purpose; and
(cc) if a notice under section 77A is relevant to the offsets report--be accompanied by a copy of that notice; and
(d) be accompanied by such other documents (if any) as are specified in the legislative rules; and
(e) be given to the Regulator within:
(i) 6 months after the end of the reporting period; or
(ii) if a greater number of months is specified in the applicable methodology determination for the project--that greater number of months after the end of the reporting period.
(5) The Regulator must not give a notice under paragraph (4)(cb) unless the Regulator is satisfied that it is appropriate to do so, having regard to effective risk management.
(6) To avoid doubt, an offsets report for a period may deal with matters that occur before the start of that period.
(7) If, under the applicable methodology determination, the project proponent for the project is subject to a requirement to include specified information relating to the project in the offsets report, the offsets report must include that information.
(8) If the following conditions are satisfied in relation to 2 or more eligible offsets projects:
(a) the relevant section 27 declarations were made as a result of applications covered by a particular subsection 26(2) determination;
(b) a particular person is the project proponent for the projects;
offsets reports relating to those projects may be set out in the same document.
(9) Information specified in legislative rules made for the purposes of paragraph (4)(b) may relate to a matter arising before, during or after the reporting period.
(10) A document specified in legislative rules made for the purposes of paragraph (4)(d) may relate to a matter arising before, during or after the reporting period.
Ancillary contraventions
(11) A person must not:
(a) aid, abet, counsel or procure a contravention of subsection (1); or
(b) induce, whether by threats or promises or otherwise, a contravention of subsection (1); or
(c) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (1); or
(d) conspire with others to effect a contravention of subsection (1).
(12) Subsections (1), (2) and (11) are civil penalty provisions .
Note: Part 21 provides for pecuniary penalties for breaches of civil penalty provisions.