Document ID: chunk:federal_register_of_legislation:C2014A00119:clause:2_22xf
Version: federal_register_of_legislation:C2014A00119
Segment Type: clause
Provision Reference: sch 2 cl 22XF
Character Range: 180346–181872

22XF  Duty to ensure that excess emissions situation does not exist
 (1) If:
 (a) a person is or was the responsible emitter for a facility; and
 (b) there is a monitoring period for the facility in relation to the person;
the person must ensure that an excess emissions situation does not exist in relation to the facility for the monitoring period at any time on or after:
 (c) if the monitoring period ends at the end of a financial year—1 March next following the financial year; or
 (d) if the monitoring period ends during a financial year—1 March next following the financial year.
Civil penalty:
 (e) for an individual—one‑fifth of the prescribed number of penalty units; or
 (f) otherwise—the prescribed number of penalty units.
 (2) For the purposes of paragraphs (1)(e) and (f), prescribed number means the number prescribed by the regulations.
 (3) In recommending to the Governor‑General the regulations that should be made for the purposes of subsection (2), the Minister must have regard to:
 (a) the principle that a responsible emitter must not be allowed to benefit from non‑compliance, having regard to the financial advantage the responsible emitter could reasonably be expected to derive from an excess emissions situation; and
 (b) such other matters (if any) as the Minister considers relevant.
 (4) The Minister must take all reasonable steps to ensure that regulations are in force for the purposes of subsection (2) at all times on and after the safeguard commencement day.

Division 3—Key concepts