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CLEAN ENERGY REGULATOR ACT 2011 - SECT 4

Definitions

    In this Act:

"Australian police force" means:

  (a)   the Australian Federal Police; or

  (b)   a police force or police service of a State or Territory.

"Australia's greenhouse gas emissions reduction targets" means:

  (a)   if:

  (i)   Australia's current nationally determined contribution was communicated in accordance with Article 4 of the Paris Agreement in June 2022; and

  (ii)   that nationally determined contribution has not been adjusted in accordance with paragraph   11 of Article 4 of the Paris Agreement;

    the greenhouse gas emissions reduction targets set out in paragraphs 10(1)(a) and (b) of the Climate Change Act 2022 ; or

  (b)   in any other case--the greenhouse gas emissions reduction targets included in:

  (i)   Australia's current nationally determined contribution communicated in accordance with Article 4 of the Paris Agreement; or

  (ii)   if that nationally determined contribution has been adjusted in accordance with paragraph   11 of Article 4 of the Paris Agreement--that nationally determined contribution, as adjusted and in force from time to time.

"biodiversity" has the same meaning as in the Nature Repair Act 2023 .

"Biodiversity Convention" means the Convention on Biological Diversity, done at Rio de Janeiro on 5   June 1992, as in force for Australia from time to time.

Note:   The Convention is in Australian Treaty Series 1993 No.   32 ([1993] ATS 32) and could in 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

"Biodiversity Department" means the Department administered by the Biodiversity Minister .

"biodiversity law" means:

  (a)   the Nature Repair Act 2023 or a legislative instrument under that Act; or

  (b)   the Regulatory Powers (Standard Provisions) Act 2014 as applied by the Nature Repair Act 2023 .

"Biodiversity Minister" means the Minister who administers the Nature Repair Act 2023 .

"biodiversity project" has the same meaning as in the Nature Repair Act 2023 .

"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 2013, 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).

"climate change law" means any of the following:

  (a)   this Act or legislative instruments under this Act;

  (i)   the Carbon Credits (Carbon Farming Initiative) Act 2011 or legislative instruments under that Act;

  (j)   the National Greenhouse and Energy Reporting Act 2007 or legislative instruments under that Act;

  (k)   the Renewable Energy (Electricity) Act 2000 or legislative instruments under that Act;

  (l)   the Renewable Energy (Electricity) (Large - scale Generation Shortfall Charge) Act 2000 ;

  (m)   the Renewable Energy (Electricity) (Small - scale Technology Shortfall Charge) Act 2010 ;

  (n)   the Australian National Registry of Emissions Units Act 2011 or legislative instruments under that Act;

  (o)   the Regulatory Powers (Standard Provisions) Act 2014 as applied by an Act mentioned in a preceding paragraph of this definition.

"engage in conduct" means:

  (a)   do an act; or

  (b)   omit to perform an act.

"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.

"greenhouse gas" has the same meaning as in the National Greenhouse and Energy Reporting Act 2007 .

"international agreement" means an agreement whose parties are:

  (a)   Australia and a foreign country; or

  (b)   Australia and 2 or more foreign countries.

"international biodiversity agreement" means:

  (a)   the Biodiversity Convention; or

  (b)   any other international agreement, signed on behalf of Australia, that:

  (i)   relates to biodiversity; and

  (ii)   imposes obligations on Australia to take action to enhance or protect biodiversity; or

  (c)   an international agreement, signed on behalf of Australia, that:

  (i)   relates to biodiversity; and

  (ii)   is specified in a legislative instrument made by the Biodiversity Minister for the purposes of this definition.

"international biodiversity body" means:

  (a)   a body established under an international biodiversity agreement; or

  (b)   a body established by a body mentioned in paragraph   (a).

"international climate change agreement" means:

  (a)   the Climate Change Convention; or

  (b)   any other international agreement, signed on behalf of Australia, that:

  (i)   relates to climate change; and

  (ii)   imposes obligations on Australia to take action to reduce greenhouse gas emissions; or

  (c)   an international agreement, signed on behalf of Australia, that:

  (i)   relates to climate change; and

  (ii)   is specified in a legislative instrument made by the Minister for the purposes of this definition.

"international climate change body" means:

  (a)   a body established under an international climate change agreement; or

  (b)   a body established by a body mentioned in paragraph   (a).

"member" of the Regulator includes the Chair of the Regulator.

"official of the Regulator" means:

  (a)   a member of the Regulator; or

  (b)   a member of the staff of the Regulator; or

  (c)   a person whose services are made available to the Regulator under section   37; or

  (d)   a person engaged as a consultant under section   38.

"offsets project" has the same meaning as in the Carbon Credits (Carbon Farming Initiative) Act 2011 .

"Paris Agreement" means the Paris Agreement, done at Paris on 12   December 2015, as amended and in force for Australia from time to time.

Note:   The Agreement is in Australian Treaty Series 2016 No.   24 ([2016] ATS 24) and could in 2022 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

"prescribed eligible carbon unit" has the same meaning as in the Carbon Credits (Carbon Farming Initiative) Act 2011 .

"protected information" means information that:

  (a)   is held by a person in the person's capacity as an official of the Regulator; and

  (b)   relates to the affairs of a person other than an official of the Regulator.

"Regulator" means the Clean Energy Regulator.

"Royal Commission" has the same meaning as in the Royal Commissions Act 1902 .

"Secretary" means the Secretary of the Department.

"staff of the Regulator" means the staff described in section   36.

"State/Territory government body" means:

  (a)   the government of a State or Territory; or

  (b)   an agency or authority of a State or Territory.

"United Nations Convention on the Law of the Sea" means the United Nations Convention on the Law of the Sea, done at Montego Bay on 10   December 1982.

Note:   The text of the Convention is set out in Australian Treaty Series 1994 No.   31 ([1994] ATS 31). 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).

"vacancy" , in relation to the office of a member of the Regulator, has a meaning affected by section   5.



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