Document ID: chunk:federal_register_of_legislation:C2024C00490:section:106:p2
Version: federal_register_of_legislation:C2024C00490
Segment Type: section
Provision Reference: s 106 (pt 2/2)
Character Range: 208993–211260

Minister is satisfied that the determination complies with the offsets integrity standards.
 (4A) The Minister must not make a methodology determination unless a method specified in, or ascertained in accordance with, the determination in accordance with paragraph (1)(c) provides that carbon abatement used in ascertaining the carbon dioxide equivalent net abatement amount for a project is eligible carbon abatement from the project.
 (4B) The Minister must not make a methodology determination if the Emissions Reduction Assurance Committee has advised the Minister under subsection 123A(2) that the determination does not comply with one or more of the offsets integrity standards.
 (7) Paragraph (1)(a) of this section does not, by implication, affect the application of subsection 13(3) of the Legislation Act 2003 to another instrument under this Act.
 (8) A methodology determination may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, a matter contained in an instrument or writing:
 (a) as in force or existing at a particular time; or
 (b) as in force or existing from time to time.
 (9) Subsection (8) has effect despite anything in subsection 14(2) of the Legislation Act 2003.
 (9A) A methodology determination may make provision in relation to a matter by conferring a power to make a decision of an administrative character on the Regulator.

Advice given by the Emissions Reduction Assurance Committee
 (10) Before making a methodology determination, the Minister must request the Emissions Reduction Assurance Committee to advise the Minister about whether the Minister should make the determination.
Note: The Emissions Reduction Assurance Committee must have regard to certain matters in giving advice to the Minister (see section 123A).
 (11) If the Minister decides:
 (a) to make a methodology determination; or
 (b) not to make a methodology determination;
the Minister must:
 (c) cause a copy of any advice given by the Emissions Reduction Assurance Committee under subsection 123A(2) in relation to the determination to be published on the Department's website; and
 (d) do so as soon as practicable after making the decision.

Subdivision B—Variation of methodology determinations