Document ID: chunk:federal_register_of_legislation:C2014A00119:clause:1_392b:p1
Version: federal_register_of_legislation:C2014A00119
Segment Type: clause
Provision Reference: sch 1 cl 392B (pt 1/2)
Character Range: 143549–146293

392B  Transitional—pre‑commencement proposals for variations of methodology determinations

Proposals that have been endorsed
(1) If, before the commencement of this item:
 (a) the Domestic Offsets Integrity Committee endorsed a proposal for the variation of a methodology determination under section 120 of the old law; and
 (b) the Minister has neither:
 (i) decided to vary the methodology determination so as to give effect to the proposal; nor
 (ii) decided not to vary the methodology determination so as to give effect to the proposal;
the relevant provisions of the old law apply in relation to the following:
 (c) the proposal;
 (d) the variation of the methodology determination so as to give effect to the proposal;
 (e) a decision not to vary the methodology determination so as to give effect to the proposal;
instead of the corresponding provisions of the new law.
Note: For relevant provisions of the old law, see subitem (6).

Proposals for which public consultation has commenced
(2) If, before the commencement of this item, the Domestic Offsets Integrity Committee:
 (a) has published a proposal for the variation of a methodology determination under subsection 120(5) of the old law; and
 (b) has neither endorsed, nor refused to endorse, the proposal under section 120 of the old law;
the relevant provisions of the old law apply in relation to the following:
 (c) the proposal;
 (d) the endorsement of the proposal;
 (e) a decision to refuse to endorse the proposal;
 (f) if the proposal is endorsed:
 (i) the variation of the methodology determination so as to give effect to the proposal; and
 (ii) a decision not to vary the methodology determination so as to give effect to the proposal;
instead of the corresponding provisions of the new law.
Note: For relevant provisions of the old law, see subitem (6).

Proposals that have been refused endorsement
(3) If, before the commencement of this item, the Domestic Offsets Integrity Committee has made a decision under section 120 of the old law to refuse to endorse a proposal for the variation of a methodology determination, the relevant provisions of the old law apply in relation to the following:
 (a) a review by the Administrative Appeals Tribunal of the decision;
 (b) if, as a result of such a review, the proposal is endorsed:
 (i) the variation of the methodology determination so as to give effect to the proposal; and
 (ii) a decision not to vary the methodology determination so as to give effect to the proposal;
instead of the corresponding provisions of the new law.
Note: For relevant provisions of the old law, see subitem (6).

Functions of the Emissions Reduction Assurance Committee
(4) For the purposes of subitems (1), (2) and (3), a reference in