Climate Change Response Amendment Act 2011

1: Title
This Act is the Climate Change Response Amendment Act 2011.
2: Commencement
1: This Act comes into force on a date appointed by the Governor-General by Order in Council; and 1 or more orders may be made bringing different provisions into force on different dates.
2: Any provision that has not earlier been brought into force comes into force on 1 December 2012. Section 2 this Act brought into force 5 December 2011 Climate Change Response Amendment Act 2011 Commencement Order 2011
3: Principal Act amended
This Act amends the Climate Change Response Act 2002 OIC SR 2011/320 2011-12-05 Climate Change Response Act 2002
4: Interpretation
1: Section 4(1) chief executive chief executive responsible for the administration of this Act chief executive .
2: Section 4(1) Environmental Protection Authority EPA section 7 of the Environmental Protection Authority Act 2011 Registrar section 11 .
3: Section 4(1) inventory agency inventory agency .
4: Section 4(1) Minister Minister responsible for the administration of this Act Minister .
5: Registrar must give effect to directions of Minister of Finance
Section 8
2: To avoid doubt, the Crown Entities Act 2004 does not apply to a direction by the Minister of Finance to the Registrar.
6: New subpart 1A of Part 2 inserted
The following subpart is inserted after section 9
1A: Chief executive
9A: Functions of chief executive
The functions of the chief executive are to—
a: advise the Minister; and
b: be the inventory agency; and
c: publish information on the Internet in accordance with this Act.
9B: Delegation by chief executive
1: The chief executive may delegate any of his or her functions, duties, and powers under this Act to the EPA.
2: Section 41 of the State Sector Act 1988 applies to a delegation under this section as if the EPA were an employee of the chief executive.
7: Section 11 substituted
Section 11
11: EPA to appoint Registrar
The EPA must appoint an employee of the EPA as the Registrar.
8: Registrar responsible for Registry
Section 12 , on behalf of the Crown, operation
9: Regulations relating to Part 2
Section 30G
3A: The amount of fees set under regulations made under subsection (1)(f) must not exceed the amount necessary to enable the recovery of the direct and indirect costs of the Registrar in performing his or her functions under this Part.
10: Authorisation of inspectors
Section 36(1) ; or
d: employees of the EPA.
11: Subpart 3 heading substituted
The heading to subpart 3
3: Environmental Protection Authority
.
12: Functions of chief executive
1: Section 87 chief executive EPA
2: Section 87
3: For the avoidance of doubt, the EPA undertakes the functions described in subsection (1) on behalf of the Crown.
13: New section 87A inserted
The following section is inserted after section 87
87A: Delegation by EPA
1: The EPA must not delegate its power to appoint the Registrar under section 11
2: In all other respects, section 73 of the Crown Entities Act 2004 applies, except that subsection (1) of that section applies as if paragraph (d) were repealed and the following paragraph substituted:
d: a person, or an office holder in a department of the Public Service, approved by the entity's responsible Minister: .
14: Directions to chief executive
1: Section 88(1) chief executive EPA
2: Section 88(1) chief executive's EPA's
3: Section 88(3)(b) department of the chief executive EPA
4: Section 88
4: Before giving a direction under subsection (1), the Minister must comply with section 115(1) of the Crown Entities Act 2004.
15: Appointment of enforcement officers
1: Section 93
1: The EPA may appoint 1 or more persons who are employees of the EPA as enforcement officers to exercise 1 or more of the powers and perform the functions conferred on enforcement officers under this Part.
2: If the EPA delegates the power to appoint a person as an enforcement officer to the chief executive of a department of the Public Service, the chief executive of the department may appoint a person as an enforcement officer only if the person is employed by a government department, in which case the chief executive must employ the person under the State Sector Act 1988.
3: The EPA must supply each enforcement officer with a warrant of authorisation that clearly states the powers and functions of the officer.
2: Section 93(6)
16: Obligation to maintain confidentiality
1: Section 99(1)
a: to the chief executive, the EPA, an enforcement officer, and any other person who performs functions or exercises powers of the chief executive, the EPA, or an enforcement officer under this Part and Part 5; and .
2: Section 99(2)(b)(iii) or for the administration of this Act this Part
3: Section 99(2)(b)
iiia: for the purposes of, or in connection with, reporting requirements of the Public Finance Act 1989; or .
4: Section 99(4) or the EPA chief executive
17: New section 138A
The following section is inserted after section 138
138A: Penalties to be paid into Crown account
The EPA must pay the amount of all excess emissions penalties and interest on the penalties received from a person in accordance with section 134, 136, or 137 into a Crown Bank Account.
18: Regulations relating to methodologies and verifiers
1: Section 163(1)(ab), (c), (d), and (e)(v) chief executive EPA
2: Section 163(1)(e)(vii) for recognition of to enable the recovery of the direct and indirect costs of the EPA in recognising
3: Section 163(4)(b) department of the chief executive EPA
19: Minor amendments
The Act Climate Change Response (Emissions Trading) Amendment Act 2008 Schedule OIC SR 2011/320 2011-12-05 Climate Change Response (Emissions Trading) Amendment Act 2008