Document ID: chunk:federal_register_of_legislation:C2014A00119:clause:1_393a
Version: federal_register_of_legislation:C2014A00119
Segment Type: clause
Provision Reference: sch 1 cl 393A
Character Range: 148691–150897

393A  Transitional—advice request given to the Interim Emissions Reduction Assurance Committee

Scope
(1) This item applies if, before the commencement of this item:
 (a) the Minister requested the Interim Emissions Reduction Assurance Committee to advise the Minister about whether the Minister should make a methodology determination; and
 (b) the Committee had not given that advice to the Minister; and
 (c) the Committee or the Department published on the Department's website:
 (i) a draft of the methodology determination; and
 (ii) a notice inviting the public to make a submission on the draft by a specified time limit (being a time limit of at least 14 days after the notice is published).

Effect of request
(2) The new law has effect as if the Minister had, immediately after the commencement of this item, made that request to the Emissions Reduction Assurance Committee under subsection 106(10) of the new law.

Consultation
(3) The Emissions Reduction Assurance Committee:
 (a) is not required to comply with section 123D in relation to the requested advice; and
 (b) must not advise the Minister to make the methodology determination unless the Committee has considered any submissions mentioned in subparagraph (1)(c)(ii) of this item that were received within the time limit mentioned in that subparagraph; and
 (c) must publish on the Department's website any submissions received within that time limit.
(4) However, the Emissions Reduction Assurance Committee must not publish a particular submission made by a person if the person has requested the Committee not to publish the submission on the ground that publication of the submission could reasonably be expected to substantially prejudice the commercial interests of the person or another person.
(5) A request under subitem (4) must:
 (a) be in writing; and
 (b) be in a form approved, in writing, by the Emissions Reduction Assurance Committee.

Definition
(6) In this item:
Interim Emissions Reduction Assurance Committee means the committee that was:
 (a) established under the executive power of the Commonwealth before the commencement of this item; and
 (b) known as the Interim Emissions Reduction Assurance Committee.