Document ID: chunk:federal_register_of_legislation:C2023C00080:clause:1_22x:p1
Version: federal_register_of_legislation:C2023C00080
Segment Type: clause
Provision Reference: sch 1 cl 22X (pt 1/2)
Character Range: 116816–119583

22X  Reporting obligations transferred to member of corporate group

Scope
 (1) This section applies if:
 (a) either:
 (i) a facility is under the operational control of a member (the responsible member) of a controlling corporation's group during the whole or a part of a financial year; or
 (ii) during the whole or a part of a financial year, a member (the responsible member) of a controlling corporation's group is the holder of a liability transfer certificate that was issued under section 83 of the Clean Energy Act 2011 in relation to a facility; and
 (b) the controlling corporation and the responsible member have agreed to transfer reporting obligations for the facility to the responsible member; and
 (c) before the end of the financial year, the controlling corporation and the responsible member have jointly notified the Regulator, in writing, of:
 (i) the agreement; and
 (ii) the facility to which the agreement relates.

Obligation to report
 (2) The responsible member must, in accordance with this section and in respect of the financial year, provide a report to the Regulator relating to the:
 (a) greenhouse gas emissions; and
 (b) energy production; and
 (c) energy consumption;
from the operation of the facility during the whole, or the part, as the case may be, of the financial year.
Civil penalty: 2,000 penalty units.
Note 1: Under Division 137 of the Criminal Code, it may be an offence to provide false or misleading information or documents to the Regulator in purported compliance with this Act.
Note 2: Under section 30, a responsible member may be liable for an additional civil penalty for each day after the end of the period mentioned in paragraph (4)(d) for which the responsible member fails to provide a report in accordance with this section.
 (3) Subsection (1) does not apply to:
 (a) greenhouse gas emissions; or
 (b) energy production; or
 (c) energy consumption;
unless the Minister has, under subsection 10(3), determined:
 (d) methods by which the amounts of the emissions, production or consumption, as the case may be, are to be measured; or
 (e) criteria for methods by which the amounts of emissions, production or consumption, as the case may be, are to be measured.
Note: Paragraph (4)(b) requires that a report under this section must be based on methods, or methods which meet criteria, determined under subsection 10(3).
 (4) A report under this section must:
 (a) be given in a manner and form approved by the Regulator; and
 (b) be based on:
 (i) methods determined by the Minister under subsection 10(3); or
 (ii) methods which meet criteria determined by the Minister under that subsection;
  where the use of those methods satisfies any conditions specified in the determination under that subsection;