Commonwealth Consolidated Acts

NATIONAL GREENHOUSE AND ENERGY REPORTING ACT 2007 - SECT 74AA

Scope

  (1)   This section applies if:

  (a)   a person is required to provide a report (the regulatory report ) under section   19, 22G, 22X or 22XB for a financial year in relation to one or more facilities; and

  (b)   for that financial year, the facility, or at least one of those facilities, was:

  (i)   a designated large facility; or

  (ii)   a facility of a kind specified by the safeguard rules for the purposes of this subparagraph; and

  (c)   the conditions set out in the safeguard rules are satisfied.

Audit

  (2)   The person must:

  (a)   appoint as an audit team leader a registered greenhouse and energy auditor of the person's choice; and

  (b)   arrange for the audit team leader to carry out an audit of:

  (i)   the regulatory report; and

  (ii)   such other matters (if any) relating to the regulatory report as are specified in the safeguard rules; and

  (iii)   if the regulatory report was under section   19--the person's compliance with section   22 (about record - keeping) in relation to the financial year and so much of the report as relates to facilities to which paragraph   (1)(b) of this section applies; and

  (iv)   if the regulatory report was under section   22G--the person's compliance with section   22H (about record - keeping) in relation to the financial year; and

  (v)   if the regulatory report was under section   22X--the person's compliance with section   22XA (about record - keeping) in relation to the financial year; and

  (vi)   if the regulatory report was under section   22XB--the person's compliance with section   22XC (about record - keeping) in relation to the financial year; and

  (c)   arrange for the audit team leader to give the person a written report setting out the results of the audit; and

  (d)   give the Regulator a copy of the audit report:

  (i)   on the day on which the regulatory report is provided to the Regulator; and

  (ii)   in the manner specified in the safeguard rules.

Civil penalty:

  (a)   for an individual--200 penalty units; or

  (b)   otherwise--1,000 penalty units.

  (3)   The safeguard rules may specify:

  (a)   the type of audit to be carried out; and

  (b)   the matters to be covered by the audit; and

  (c)   the form of the audit report and the kinds of details it is to contain.

  (4)   The person must provide the audit team leader and any audit team members with all reasonable facilities and assistance necessary for the effective exercise of the audit team leader's duties under this Act.

Civil penalty:

  (a)   for an individual--50 penalty units; or

  (b)   otherwise--250 penalty units.