Document ID: chunk:federal_register_of_legislation:C2024C00490:section:245
Version: federal_register_of_legislation:C2024C00490
Segment Type: section
Provision Reference: s 245
Character Range: 343041–345127

245  Stay of proceedings for the recovery of an administrative penalty

Scope
 (1) This section applies if:
 (a) a notice was given under section 88, 89, 90 or 91 in relation to a project that is or was an eligible offsets project; and
 (b) the notice required a person to relinquish a particular number of Australian carbon credit units; and
 (c) the person did not comply with the requirement within 90 days after the notice was given; and
 (d) proceedings for the recovery of the penalty payable under section 179 in respect of the non‑compliance with the requirement (including any late payment penalty payable under section 180 in relation to the section 179 penalty) are before a court; and
 (e) any of the following subparagraphs applies:
 (i) the decision to require the person to relinquish a specified number of Australian carbon credit units is being reconsidered by the Regulator under section 242;
 (ii) the decision to require the person to relinquish a specified number of Australian carbon credit units has been affirmed or varied by the Regulator under section 242, and the decision as so affirmed or varied is the subject of an application for review by the Administrative Review Tribunal;
 (iii) the decision to require the person to relinquish a specified number of Australian carbon credit units is the subject of an application for review by the Administrative Review Tribunal.

Stay of proceedings
 (2) The court may stay the proceedings until:
 (a) if subparagraph (1)(e)(i) applies—the Regulator notifies the applicant for reconsideration of the Regulator's decision on the reconsideration; or
 (b) if subparagraph (1)(e)(ii) or (iii) applies—the review by the Administrative Review Tribunal (including any court proceedings arising out of the review) has been finalised.
 (3) This section does not limit the power of:
 (a) a court; or
 (b) a Judge; or
 (c) a magistrate;
under any other law to order a stay of proceedings.

Part 26—Emissions Reduction Assurance Committee

Division 1—Establishment and functions of the Emissions Reduction Assurance Committee