Document ID: chunk:federal_register_of_legislation:C2023C00080:clause:1_22e
Version: federal_register_of_legislation:C2023C00080
Segment Type: clause
Provision Reference: sch 1 cl 22E
Character Range: 112669–115155

22E  Report to be given to Regulator
 (1) If a person was the holder of a financial control liability transfer certificate in relation to a facility during the whole or a part of an eligible financial year, the person must, in accordance with this section, 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 that eligible financial year.
Civil penalty:
 (a) for an individual—2,000 penalty units; or
 (b) otherwise—10,000 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 person may be liable for an additional civil penalty for each day after the end of the period mentioned in paragraph (2)(d) for which the person fails to provide a report in accordance with this section.
 (2) 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; and
 (c) set out the information specified by the regulations for the purposes of this paragraph; and
 (d) be given to the Regulator before the end of 4 months after the end of the eligible financial year.
 (3) Regulations made for the purposes of paragraph (2)(c) may specify different requirements for different circumstances.
 (4) In particular, and without limiting subsection (3), the regulations may specify different requirements for persons who:
 (a) do not meet any threshold; or
 (b) do not meet specified thresholds;
for an eligible financial year to which a report relates.
 (5) Regulations made for the purposes of paragraph (2)(c) may also specify information that a State or Territory has requested the Regulator to collect.
 (6) The regulations may provide that a person is not required to provide a report under subsection (1) for an eligible financial year in relation to a facility if the facility does not meet a specified threshold for the eligible financial year.
 (7) Reports under this section and section 22A may be set out in the same document.