Carbon Legislation

National Greenhouse and Energy
Reporting Act 2007
No. 175, 2007
An Act to provide for the reporting and

dissemination of information related to greenhouse
gas emissions, greenhouse gas projects, energy
production and energy consumption, and for other
purposes
Note: An electronic version of this Act is available in ComLaw (http://www.comlaw.gov.au/)

Contents
Part 1—Introduction 2
Division 1—Preliminary 2
1 Short title ...........................................................................................2
2 Commencement.................................................................................2
3 Object ................................................................................................2
4 Constitutional basis for Act ...............................................................3
5 Act excludes some State and Territory laws......................................3
6 Application to external Territories, Exclusive Economic
Zone and innocent passage ................................................................3
Division 2—Interpretation 5
7 Definitions.........................................................................................5
8 Group and members of a group .........................................................7
9 Facilities ............................................................................................9
10 Emissions, energy production and energy consumption etc. .............9
11 Operational control..........................................................................10
Part 2—Registration 11
Division 1—Applying for registration 11
12 Obligation to apply to register .........................................................11
13 Thresholds .......................................................................................11
14 Applying to register in relation to greenhouse gas project...............13
15 Requirements for applications .........................................................13
Division 2—The Register 14
16 The Register ....................................................................................14
Division 3—Registration and deregistration of corporations 15
17 Registration of corporations ............................................................15
18 Deregistration of corporations .........................................................15
Part 3—Obligations of registered corporations etc. 17

19 Report to be given to Greenhouse and Energy Data Officer............17
20 Liability of other persons to provide certain information ................19
21 Reports relating to greenhouse gas projects.....................................20
22 Records to be kept ...........................................................................21
Part 4—Disclosure of information 23

23 Secrecy ............................................................................................23
24 Publishing of information................................................................24
25 Requests for information not to be published ..................................25
i National Greenhouse and Energy Reporting Act 2007 No. 175, 2007
26 Information may be disclosed to specified persons or bodies..........26
27 Information may be disclosed to States and Territories...................27
28 Corporation may request information be disclosed .........................27
Part 5—Enforcement 29
Division 1—Civil penalties 29
Subdivision A—Civil penalty orders 29
29 Civil penalty provisions...................................................................29
30 Continuing contraventions...............................................................29
31 Court may order person to pay pecuniary penalty for
contravening civil penalty provision................................................30
32 Contravening a civil penalty provision is not an offence.................31
33 Persons involved in contravening civil penalty provision ...............31
34 Recovery of a pecuniary penalty .....................................................31
Subdivision B—Civil penalty proceedings and criminal
proceedings 32
35 Civil proceedings after criminal proceedings ..................................32
36 Criminal proceedings during civil proceedings ...............................32
37 Criminal proceedings after civil proceedings ..................................32
38 Evidence given in proceedings for penalty not admissible in
criminal proceedings .......................................................................32
Division 2—Infringement notices 34
39 When an infringement notice can be given......................................34
40 Matters to be included in an infringement notice.............................34
41 Amount of penalty...........................................................................35
42 Withdrawal of an infringement notice .............................................35
43 Paying the penalty in accordance with the notice ............................36
44 Effect of this Division on civil proceedings.....................................36
Division 3—Enforceable undertakings 37
45 Acceptance of undertakings relating to contraventions ...................37
46 Enforcement of undertakings...........................................................37
Division 4—Liability of chief executive officers of corporations 39
47 Civil penalties for chief executive officers of corporations .............39
48 Did a chief executive officer take reasonable steps to prevent
contravention? .................................................................................39
Part 6—Administration 41
Division 1—The Greenhouse and Energy Data Officer 41
49 Establishment ..................................................................................41
50 Functions .........................................................................................41
National Greenhouse and Energy Reporting Act 2007 No. 175, 2007 ii
51 Appointment....................................................................................41
52 Staff .................................................................................................41
53 Delegation .......................................................................................41
Division 2—Decisions by Greenhouse and Energy Data Officer 42
54 Greenhouse and Energy Data Officer may declare facility..............42
55 Greenhouse and Energy Data Officer may declare
corporation etc. has operational control...........................................43
Division 3—Review of decisions 44
56 AAT review of decisions.................................................................44
Division 4—Monitoring compliance 45
Subdivision A—Authorised officers 45
57 Appointment of authorised officers .................................................45
58 Identity cards ...................................................................................45
Subdivision B—Powers of authorised officers 46
59 Entering premises to monitor compliance .......................................46
60 Powers of authorised officers in monitoring compliance.................46
61 Authorised officer may request persons to answer questions ..........48
Subdivision C—Obligations and incidental powers of authorised
officers 49
62 Authorised officer must produce identity card on request ...............49
63 Consent............................................................................................49
64 Announcement before entry ............................................................49
65 Details of warrant to be given to occupier etc. before entry ............49
66 Use of electronic equipment in exercising monitoring powers........50
67 Compensation for damage to electronic equipment.........................51
Subdivision D—Occupier’s rights and responsibilities 52
68 Occupier entitled to be present during execution of warrant ...........52
69 Occupier to provide authorised officer with all facilities and
assistance.........................................................................................52
Subdivision E—Warrants 53
70 Monitoring warrants ........................................................................53
Subdivision F—Information gathering 54
71 Power to request information...........................................................54
72 Prohibitions on disclosure of information do not apply...................55
Subdivision G—External audits 55
73 External audits—compliance...........................................................55
74 External audits—other.....................................................................56
75 Requirements for external auditors..................................................56
iii National Greenhouse and Energy Reporting Act 2007 No. 175, 2007
Part 7—Miscellaneous 58
76 Modification of National Environment Protection (National
Pollutant Inventory) Measure ..........................................................58
77 Regulations......................................................................................58
National Greenhouse and Energy Reporting Act 2007 No. 175, 2007 iv
National Greenhouse and Energy
Reporting Act 2007
No. 175, 2007
An Act to provide for the reporting and

dissemination of information related to greenhouse
gas emissions, greenhouse gas projects, energy
production and energy consumption, and for other
purposes
[Assented to 28 September 2007]
The Parliament of Australia enacts:
National Greenhouse and Energy Reporting Act 2007 No. 175, 2007 1
Part 1 Introduction
Division 1 Preliminary
Section 1
Part 1—Introduction
Division 1—Preliminary
1 Short title
This Act may be cited as the National Greenhouse and Energy
Reporting Act 2007.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, in accordance with
column 2 of the table. Any other statement in column 2 has effect
according to its terms.
Commencement information
Column 1 Column 2 Column 3
Provision(s) Commencement Date/Details
1. Sections 1 and The day on which this Act receives the 28 September
2 and anything in Royal Assent. 2007
this Act not
elsewhere covered
by this table
2. Sections 3 to The day after this Act receives the Royal 29 September
77 Assent. 2007
Note: This table relates only to the provisions of this Act as originally
passed by both Houses of the Parliament and assented to. It will not be
expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not

part of this Act. Information in this column may be added to or
edited in any published version of this Act.
3 Object
The object of this Act is to introduce a single national reporting
framework for the reporting and dissemination of information
2 National Greenhouse and Energy Reporting Act 2007 No. 175, 2007
Introduction Part 1
Preliminary Division 1
Section 4
related to greenhouse gas emissions, greenhouse gas projects,

energy consumption and energy production of corporations to:
(a) underpin the introduction of an emissions trading scheme in
the future; and
(b) inform government policy formulation and the Australian
public; and
(c) meet Australia’s international reporting obligations; and
(d) assist Commonwealth, State and Territory government
programs and activities; and
(e) avoid the duplication of similar reporting requirements in the
States and Territories.
4 Constitutional basis for Act

This Act relies on:
(a) the Commonwealth’s legislative powers under paragraphs
51(xi), (xx), (xxix) and (xxxix) of the Constitution; and
(b) any implied legislative powers of the Commonwealth.
5 Act excludes some State and Territory laws

This Act is intended to apply to the exclusion of a law of a State or
Territory, or a part of such a law:
(a) that provides for the reporting or disclosure of information
related to:
(i) greenhouse gas emissions; or
(ii) greenhouse gas projects; or
(iii) energy consumption; or
(iv) energy production; and
(b) that the regulations provide is a law, or part of a law, to
which this section applies;
so far as the law, or part of the law, would otherwise apply in
relation to a constitutional corporation.
6 Application to external Territories, Exclusive Economic Zone and

innocent passage
(1) This Act extends to all the external Territories.
Part 1 Introduction
Division 1 Preliminary
Section 6
(2) This Act extends to Australia’s exclusive economic zone.

Note: The application of this Act to the exclusive economic zone is limited,
through the definitions of facility and greenhouse gas project, to oil
or gas extraction activities.
(3) This Act does not apply to the extent that its application would be
inconsistent with a right of innocent passage being exercised by a
foreign ship.
Note: Innocent passage is defined in section 7.
Introduction Part 1
Interpretation Division 2
Section 7
Division 2—Interpretation
7 Definitions
In this Act:
authorised officer means an officer appointed under section 57.
carbon dioxide equivalence, of an amount of greenhouse gas,
means the amount of the gas multiplied by a value specified in the
regulations in relation to that kind of greenhouse gas.
civil penalty provision has the meaning given by section 29.
constitutional corporation means a corporation to which
paragraph 51(xx) of the constitution applies.
consumption, of energy, has the meaning given by section 10.
controlling corporation means a constitutional corporation that
does not have a holding company incorporated in Australia.
court means:
(a) the Federal Court of Australia; or
(b) the Federal Magistrates Court.
emission, of greenhouse gas, has the meaning given by section 10.
energy, includes fuel, or any other energy commodity, of a kind
specified in the regulations.
exclusive economic zone has the same meaning as in the Seas and
Submerged Lands Act 1973.
external auditor means an individual who:
(a) is not an officer, employee or agent of the corporation or of
one of the members of the corporation’s group; and
(b) has professional expertise and qualifications which meet the
requirements specified in regulations made for the purposes
of this paragraph.
Part 1 Introduction
Division 2 Interpretation
Section 7
facility has the meaning given by section 9.

Greenhouse and Energy Data Officer means the Greenhouse and
Energy Data Officer established under section 49.
greenhouse and energy information means information reported
to the Greenhouse and Energy Data Officer under this Act or
information obtained by a person whilst performing duties under
this Act or the regulations.
greenhouse gas means:
(a) carbon dioxide; or
(b) methane; or
(c) nitrous oxide; or
(d) sulphur hexafluoride; or
(e) a hydrofluorocarbon of a kind specified in the regulations; or
(f) a perfluorocarbon of a kind specified in the regulations.
greenhouse gas project means an activity or series of activities:
(a) designed to remove or reduce the emission of greenhouse
gases; and
(b) which meet the requirements specified in the regulations;
but does not include an activity, or a series of activities, in the
exclusive economic zone, except to the extent that it is an oil or gas
extraction activity or a series of oil or gas extraction activities.
group has the meaning given by subsection 8(1).
holding company, in relation to a body corporate, is a body
corporate of which the first body corporate is a subsidiary.
industry sector has the meaning given by the regulations.
innocent passage has the meaning it has under the United Nations
Convention on the Law of the Sea done at Montego Bay on
10 December 1982.
Note: For the Convention on the Law of the Sea see the Schedule to the Seas
and Submerged Lands Act 1973.
joint venture means an enterprise carried on by 2 or more entities

in common otherwise than in partnership.
Introduction Part 1
Section 8
member has the meaning given by subsection 8(2).

offsets, of greenhouse gas emissions, has the meaning given by
section 10.
oil or gas extraction activity means:
(a) any activity involving extraction of, or exploration for, oil or
gas; and
(b) any activity, of a kind specified in the regulations, that is
connected with such extraction or exploration.
operational control has the meaning given by section 11.
production, of energy, has the meaning given by section 10.
reduction, of greenhouse gas emissions, has the meaning given by
section 10.
registered corporation means a corporation that is registered under
Division 3 of Part 2.
removal, of greenhouse gas, has the meaning given by section 10.
subsidiary has the meaning given by section 46 of the
Corporations Act 2001.
warrant (except in paragraph 60(1)(h)) means a warrant issued
under section 70.
8 Group and members of a group

(1) A controlling corporation’s group consists of the following
entities:
(a) the controlling corporation;
(b) the controlling corporation’s subsidiaries covered by
subsection (3) (if any);
(c) the joint ventures covered by subsection (4) (if any);
(d) the partnerships covered by subsection (5) (if any).
However, paragraph (b) does not apply if the controlling
corporation is not incorporated in Australia.
Part 1 Introduction
Section 8
(2) The members of the group are the entities mentioned in

subsection (1) (other than the controlling corporation’s subsidiaries
if the controlling corporation is not incorporated in Australia).
(3) A subsidiary of the controlling corporation is covered by this
section unless:
(a) the subsidiary is also a subsidiary of another body corporate
because the other body corporate meets the requirement in
subparagraph 46(a)(i) or (ii) of the Corporations Act 2001 in
relation to the subsidiary; and
(b) the other body corporate is not a member of the group
(including by reason of a previous operation of this
subsection).
(4) A joint venture is covered by this subsection if a member of the
group (other than a joint venture or partnership) is a participant in
the joint venture and the participants in the joint venture have
either:
(a) nominated that member as the responsible entity for the joint
venture in accordance with regulations made for the purposes
of subsection (6); or
(b) not nominated an entity as the responsible entity for the joint
venture in accordance with those regulations.
(5) A partnership is covered by this subsection if a member of the
group (other than a joint venture or partnership) is a partner in the
partnership and the partners in the partnership have either:
(a) nominated that member as the responsible entity for the
partnership in accordance with regulations made for the
purposes of subsection (6); or
(b) not nominated an entity as the responsible entity for the
partnership in accordance with those regulations.
(6) The regulations may establish rules under which:
(a) participants in a joint venture may make, and revoke,
nominations for the purposes of subsection (4); and
(b) partners in a partnership may make, and revoke, nominations
for the purposes of subsection (5).
Introduction Part 1
Section 9
9 Facilities
(1) A facility is an activity, or a series of activities (including ancillary
activities), that involve the production of greenhouse gas
emissions, the production of energy or the consumption of energy
and that:
(a) form a single undertaking or enterprise and meet the
requirements of the regulations; or
(b) are declared by the Greenhouse and Energy Data Officer to
be a facility under section 54;
but does not include an activity, or a series of activities, in the
exclusive economic zone, except to the extent that it is an oil or gas
extraction activity or a series of oil or gas extraction activities.
(2) Paragraph (1)(a) does not apply if a declaration of a kind referred
to in paragraph (1)(b) is in force.
(3) For the purposes of paragraph (1)(a), the activity or activities
constituting the undertaking or enterprise must not be attributable
to more than one industry sector.
(4) Regulations made for the purposes of paragraph (1)(a) may
specify:
(a) the circumstances in which an activity or activities (including
ancillary activities) will form part of a single undertaking or
enterprise; and
(b) what activities are attributable to particular industry sectors.
10 Emissions, energy production and energy consumption etc.

(1) References to the following:
(a) emissions of greenhouse gas;
(b) reduction of greenhouse gas emissions;
(c) removal of greenhouse gas;
(d) offsets of greenhouse gas emissions;
(e) production of energy;
(f) consumption of energy;
have the meaning specified by the regulations.
Part 1 Introduction
Section 11
(2) Regulations made for the purposes of paragraph (1)(a) may specify
a meaning of emissions of greenhouse gas that includes emissions
related to the consumption of specified kinds of energy.
(3) The Minister may determine, by legislative instrument, methods, or
criteria for methods, by which the amounts of the emissions,
reduction, removal, offsets, production or consumption are to be
measured for the purposes of this Act and may specify:
(a) different methods or criteria for different industry sectors;
and
(b) different methods or criteria depending on the circumstances
in which the emissions, reduction, removal, offsets,
production or consumption occurred.
11 Operational control
(1) A controlling corporation or another member of the corporation’s
group has operational control over a facility if:
(a) it has the authority to introduce and implement any or all of
the following for the facility:
(i) operating policies;
(ii) health and safety policies;
(iii) environmental policies;
and meets the requirements of the regulations; or
(b) the Greenhouse and Energy Data Officer declares the
corporation or member to have operational control of the
facility under section 55.
(2) Paragraph (1)(a) does not apply if a declaration of a kind referred
to in paragraph (1)(b) is in force.
(3) For the purposes of this Act, only one such corporation or member
can have operational control over a facility at any one time.
(4) If more than one such corporation or member could satisfy
paragraph (1)(a) at any one time, then the corporation or member
that has the greatest authority to introduce and implement the
policies mentioned in subparagraphs (1)(a)(i) and (iii) is taken, for
the purposes of this Act, to have operational control over the
facility.
Registration Part 2
Applying for registration Division 1
Section 12
Part 2—Registration
Division 1—Applying for registration
12 Obligation to apply to register

(1) A controlling corporation must apply, in accordance with this
section, to be registered under Division 3 if:
(a) the corporation’s group meets one or more of the thresholds
under section 13 for a financial year (the trigger year) ending
on or after 30 June 2009; and
(b) the corporation is not registered under Division 3 on
31 August in the financial year after the trigger year.
Civil penalty: 2,000 penalty units.
Note: Under section 30 a controlling corporation may be liable for an
additional civil penalty for each day that it fails to apply in accordance
with this section.
(2) The application must be made during the period:

(a) beginning on 1 July in the trigger year; and
(b) ending on 31 August in the financial year after the trigger
year.
13 Thresholds
(1) A controlling corporation’s group meets a threshold for a financial
year if in that year:
(a) the total amount of greenhouse gases emitted from the
operation of facilities under the operational control of entities
that are members of the group has a carbon dioxide
equivalence of:
(i) if the financial year starts on 1 July 2008—125
kilotonnes or more; or
(ii) if the financial year starts on 1 July 2009—87.5
kilotonnes or more; or
Part 2 Registration
Division 1 Applying for registration
Section 13
(iii) if the year is a later financial year—50 kilotonnes or

more; or
(b) the total amount of energy produced from the operation of
facilities under the operational control of entities that are
members of the group is:
terajoules or more; or
(ii) if the financial year starts on 1 July 2009—350
(iii) if the year is a later financial year—200 terajoules or
more; or
(c) the total amount of energy consumed from the operation of
facilities under the operational control of entities that are
members of the group is:
(ii) if the financial year starts on 1 July 2009—350
(iii) if the year is a later financial year—200 terajoules or
more; or
(d) an entity that is a member of the group has operational
control of a facility the operation of which during the year
causes:
(i) emission of greenhouse gases that have a carbon dioxide
equivalence of 25 kilotonnes or more; or
(ii) production of energy of 100 terajoules or more; or
(iii) consumption of energy of 100 terajoules or more.
(2) If a member of a controlling corporation’s group has operational
control of a facility for a number of, but not all, days in a financial
year (the control days), subparagraphs (1)(d)(i) to (iii) have effect
as though each threshold were replaced by the amount worked out
using the following formula:
Amount of the threshold × Number of control days

that would otherwise apply Number of days in the year
Registration Part 2
Applying for registration Division 1
Section 14
14 Applying to register in relation to greenhouse gas project

A controlling corporation that is not required to apply under
section 12 may apply to be registered under Division 3 if the
corporation, or one or more members of the corporation’s group,
are undertaking or proposing to undertake a greenhouse gas
project.
15 Requirements for applications

(1) An application under section 12 or 14 must:
(a) be made to the Greenhouse and Energy Data Officer; and
(b) identify the controlling corporation; and
(c) contain any other information required by the regulations;
and
(d) be in the form (if any) specified in the regulations.
(2) Regulations made for the purposes of paragraph (1)(c) must only
require the following kinds of information:
(a) information that is reasonably necessary for assessing
applications made under this section;
(b) information that would be required by subsection 16(4) to be
entered on the Register if the controlling corporation were
registered under Division 3.
Part 2 Registration
Division 2 The Register
Section 16
Division 2—The Register
16 The Register
(1) The Greenhouse and Energy Data Officer must cause a Register to
be kept for the purposes of this Act.
(2) The Register is called the National Greenhouse and Energy
Register.
(3) The Greenhouse and Energy Data Officer may cause the contents
of part or all of the Register to be made available to the public by
electronic or other means.
(4) The Greenhouse and Energy Data Officer must cause the following
information, and only that information, to be entered on the
Register:
(a) the name of each corporation that the Greenhouse and Energy
Data Officer must register under Division 3;
(b) any other matters, required by the regulations, that relate to
the following:
(i) the identity of the controlling corporation and members
of the corporation’s group;
(ii) whether the corporation is required to be registered
under section 12 or has applied for registration under
section 14;
(iii) whether the corporation has complied with provisions of
this Act;
(iv) information that is published under section 24.
Registration Part 2
Registration and deregistration of corporations Division 3
Section 17
Division 3—Registration and deregistration of

corporations
17 Registration of corporations
(1) The Greenhouse and Energy Data Officer must register a
corporation under this Division if:
(a) the Greenhouse and Energy Data Officer is satisfied that
section 12 requires the corporation to apply for registration;
and
(b) the corporation has applied for registration in accordance
with section 15.
(2) The Greenhouse and Energy Data Officer may register a
corporation under this Division if:
(a) the Greenhouse and Energy Data Officer is satisfied that
section 14 permits the corporation to apply for registration;
and
(b) the corporation has applied for registration in accordance
with section 15.
(3) The Greenhouse and Energy Data Officer must notify the
corporation, in writing, of his or her decision on the application.
(4) The corporation is registered under this Division when the
Greenhouse and Energy Data Officer has entered the name of the
corporation on the Register.
18 Deregistration of corporations
(1) A registered corporation may apply to the Greenhouse and Energy
Data Officer to be deregistered.
(2) The application must:
(a) contain information required by the regulations; and
(b) be in the form (if any) specified in the regulations.
(3) The Greenhouse and Energy Data Officer must remove the name
of the corporation from the Register if the Greenhouse and Energy
Part 2 Registration
Division 3 Registration and deregistration of corporations
Section 18
Data Officer is satisfied that the registered corporation’s group is

not likely to meet any of the thresholds under section 13 for:
(a) the financial year in which the application is made; and
(b) the next 2 financial years.
(4) The Greenhouse and Energy Data Officer must notify the
corporation, in writing, of his or her decision on the application.
(5) The corporation ceases to be registered under this Division when
the Greenhouse and Energy Data Officer has removed its name
from the Register.
Obligations of registered corporations etc. Part 3
Section 19
Part 3—Obligations of registered corporations etc.
19 Report to be given to Greenhouse and Energy Data Officer

(1) A registered corporation must, in accordance with this section and
in respect of each financial year mentioned in subsection (2),
provide a report to the Greenhouse and Energy Data Officer
relating to the:
(a) greenhouse gas emissions; and
(b) energy production; and
(c) energy consumption;
from the operation of facilities under the operational control of the
corporation and entities that are members of the corporation’s
group, during that financial year.
Note 1: Under Division 137 of the Criminal Code it may be an offence to
provide false or misleading information or documents to the
Greenhouse and Energy Data Officer in purported compliance with
this Act.
Note 2: Under section 20 the Greenhouse and Energy Data Officer may
determine that a person other than the registered corporation provide
information required by this section.
Note 3: Under section 30 a controlling corporation may be liable for an
additional civil penalty for each day on and after the end of the period
mentioned in paragraph (6)(d) for which it fails to provide a report in
accordance with this section.
(2) A report under subsection (1) is required for:

(a) the corporation’s trigger year (within the meaning of
paragraph 12(1)(a)); and
(b) any financial year in which the corporation is registered at
the end of that year.
(3) If the corporation or a member of its group has operational control
over a facility for part of a financial year, the report under
subsection (1) in relation to that facility for that year need only
relate to the:
Part 3 Obligations of registered corporations etc.
Section 19

(c) energy consumption; and
from the operation of the facility during the part of that year.
(4) A member of the corporation’s group (other than the registered
corporation) may provide part of the report referred to in
subsection (1) if the part relates to facilities for which that member
has operational control.
(5) If a part or parts of a report relating to one or more facilities are
provided in accordance with subsection (4) for a financial year, the
report by the registered corporation under subsection (1) in respect
of that year need only, in relation to any such facilities, specify the
member of the corporation’s group that provided the part or parts
of the report in relation to those facilities.
(6) A report or part of a report under this section must:
(a) be given in a manner and form approved by the Greenhouse
and Energy Data Officer; and
(b) be based on methods determined by the Minister under
subsection 10(3), or methods which meet criteria determined
by the Minister under that subsection; and
(c) include any information specified by the regulations for the
purposes of this paragraph; and
(d) be given to the Greenhouse and Energy Data Officer before
the end of 4 months after the end of the financial year.
(7) Regulations made for the purposes of paragraph (6)(c) may specify
different requirements for different circumstances.
(8) In particular, and without limiting subsection (7), the regulations
may specify different requirements for registered corporations that:
(a) do not meet any threshold; or
(b) do not meet specified thresholds;
for a financial year to which a report relates.
(9) Regulations made for the purposes of paragraph (6)(c) may also
specify information that a State or Territory has requested the
Greenhouse and Energy Data Officer to collect.
Section 20
20 Liability of other persons to provide certain information

(1) Section 19 does not require a registered corporation to include in a
report under that section information of a kind that the Greenhouse
and Energy Data Officer determines under subsection (3) is to be
provided by another person.
(2) The registered corporation or the other person may apply, in the
manner and form specified in the regulations, to the Greenhouse
and Energy Data Officer for a determination under subsection (3).
(3) The Greenhouse and Energy Data Officer may, if satisfied that:
(a) information that the registered corporation would, but for this
section, be required to include in a report under section 19 is
information that:
(i) is not in the possession or under the control of the
registered corporation; and
(ii) is in the possession or under the control of another
person with whom the registered corporation has a
contractual relationship; and
(b) the registered corporation:
(i) is not entitled to acquire the information from the other
person; or
(ii) is entitled to acquire the information from the other
person only because the other person is obliged to assist
the corporation to comply with this Act; and
(c) the other person has refused to give the information to the
registered corporation; and
(d) any other requirements specified in the regulations have been
met;
determine, in writing, that the information is to be provided by the
other person.
(4) The other person must, in accordance with any requirements
specified in the regulations, provide that information to the
Greenhouse and Energy Data Officer on or before the day specified
in the determination.
Civil penalty:
(a) for an individual—400 penalty units; or
Section 21
(b) otherwise—2,000 penalty units.

Note 1: Under Division 137 of the Criminal Code it may be an offence to
this Act.
Note 2: Under section 30 the person may be liable for an additional civil
penalty for each day after the day specified in the determination for
which it fails to provide information in accordance with this section.
(5) The Greenhouse and Energy Data Officer must give written notice
of a determination, or a decision refusing to make a determination,
to the registered corporation and the other person.
21 Reports relating to greenhouse gas projects

(1) A registered corporation may, in respect of a financial year or such
longer period as the Greenhouse and Energy Data Officer allows,
provide a report to the Greenhouse and Energy Data Officer
relating to the:
(a) reduction of greenhouse gas emissions; and
(b) removals of greenhouse gases; and
(c) offsets of greenhouse gas emissions;
from a greenhouse gas project that the corporation, or one or more
members of the corporation’s group, have undertaken during that
year or period.
(2) If a registered corporation or a member of its group undertakes a
greenhouse gas project for part of a financial year or period, the
report under subsection (1) in relation to the project for that year or
period must only relate to the:
(a) reduction of greenhouse gas emissions; and
(b) removal of greenhouse gases; and
(c) offsets of greenhouse gas emissions;
from the project which are attributable to that part of the year or
period.
(3) A report must not be provided under subsection (1) unless the
greenhouse gas project satisfies the requirements specified in the
regulations made for the purposes of the definition of greenhouse
gas project in section 7 for that type of greenhouse gas project.
Section 22
(4) A report must:

(a) be based on methods determined by the Minister under
subsection 10(3), or methods which meet criteria determined
by the Minister under that subsection; and
(b) include any information specified by the regulations for the
purposes of this paragraph.
Note: Under Division 137 of the Criminal Code it may be an offence to
this Act.
(5) Without limiting paragraph (4)(b), regulations made for the

purposes of that paragraph may specify different requirements for
different types of greenhouse gas projects and may require
information relating to the:
from undertaking the greenhouse gas project.
(6) A report is taken not to be a report under this section unless:
(a) it is given in a manner and form approved by the Greenhouse
and Energy Data Officer; and
(b) it is given to the Greenhouse and Energy Data Officer within
a period specified in the regulations; and
(c) subsections (3) and (4) have been complied with.
22 Records to be kept
(1) A registered corporation must keep records of the activities of the
members of its group that:
(a) allow it to report accurately under this Act; and
(b) enable the Greenhouse and Energy Data Officer to ascertain
whether the corporation has complied with its obligations
under this Act; and
(c) comply with the requirements of subsection (3) and the
regulations made for the purposes of subsection (4).
Section 22

(2) A person required to provide information under section 20 must
keep records of the person’s activities that:
(a) allow the person to provide information accurately under this
Act; and
(b) enable the Greenhouse and Energy Data Officer to ascertain
whether the person has complied with its obligations under
this Act; and
(c) comply with the requirements of subsection (3) and the
regulations made for the purposes of subsection (4).
Civil penalty:
(d) for an individual—200 penalty units; or
(e) otherwise—1,000 penalty units.
(3) The corporation or person must retain the records for 7 years from
the end of the year in which the activities take place.
(4) The regulations may specify requirements relating to:
(a) the kinds of records; and
(b) form of records;
that must be kept under subsection (1) or (2).
Disclosure of information Part 4
Section 23
Part 4—Disclosure of information
23 Secrecy
(1) A person mentioned in subsection (2) commits an offence if:
(a) the person obtains greenhouse and energy information in his
or her capacity as a person mentioned in subsection (2); and
(b) the person discloses the information to another person
otherwise than under, or for the purposes of:
(i) this Act or the performance of duties in relation to this
Act; or
(ii) another law of the Commonwealth or the performance
of duties in relation to another law of the
Commonwealth; or
(iii) if the person is an employee of a State or a Territory or
of an authority of a State or a Territory, or is appointed
to an office under a law of a State or a Territory—a law
of that State or Territory or the performance of duties in
relation to a law of that State or Territory; or
(iv) if the person is an employee of the Commonwealth or of
an authority of the Commonwealth, or is appointed to an
office under a law of the Commonwealth—a law of a
State or Territory or the performance of duties in
relation to a law of a State or Territory.
Penalty: Imprisonment for 2 years.
Note: The same conduct may be an offence against both this section and
section 70 of the Crimes Act 1914.
(2) This section applies to a person who is or was:

(a) the Greenhouse and Energy Data Officer; or
(b) a member of the staff of the Greenhouse and Energy Data
Officer; or
(c) an authorised officer; or
(d) an external auditor; or
Part 4 Disclosure of information
Section 24
(e) an employee of the Commonwealth, a State or a Territory or

of an authority of the Commonwealth, a State or a Territory;
or
(f) a person appointed to an office under a law of the
Commonwealth, a State or a Territory; or
(g) a person to whom information is disclosed under section 26.
24 Publishing of information
(1) The Greenhouse and Energy Data Officer must publish on a
website, by 28 February in a financial year, totals of:
reported in relation to a registered corporation’s group for the
previous financial year.
(2) The Greenhouse and Energy Data Officer may publish on a
website information relating to the greenhouse gas projects
undertaken by a registered corporation if the information satisfies
the requirements of regulations made for the purposes of this
subsection.
(3) The totals mentioned in subsection (1) may be published in either
or both of the following ways:
(a) disaggregated by each member of the corporation’s group;
(b) as falling within a particular range of values.
(4) The Greenhouse and Energy Data Officer must not publish
information mentioned in subsection (1), whether in a form
mentioned in subsection (3) or otherwise, unless:
(a) the corporation’s group meets a threshold mentioned in
paragraph 13(1)(a) for the financial year; and
(b) no application has been made under section 25, or if such an
application has been made, it has been refused.
(5) A State or Territory, or an authority of a State or Territory, may
publish information disclosed to it under subsection 27(1) if:
Section 25
(a) the publication of the information is required under a law of

the State or Territory; and
(b) the Greenhouse and Energy Data Officer has agreed, in
writing, to the publication of the information.
(6) A person mentioned in subsection 26(1) may publish information
disclosed to it under that subsection if the information is in an
aggregated form that does not disclose, either directly or indirectly,
information about a specific:
(a) registered corporation; or
(b) registered corporation’s group; or
(c) facility;
and the Greenhouse and Energy Data Officer has agreed, in
writing, for the information to be published.
25 Requests for information not to be published

(1) A registered corporation, or a person required to provide
information under section 20, may apply to the Greenhouse and
Energy Data Officer requesting information not be published if the
information reveals, or could be capable of revealing:
(a) trade secrets; or
(b) any other matter having a commercial value that would be, or
could reasonably be expected to be, destroyed or diminished
if the information were disclosed;
about a specific facility, technology or corporate initiative relating
to the corporation or the person.
(2) The application must:
(a) identify the corporation or the person; and
(b) identify the information that is requested not to be published;
and
(c) be given in the manner and form approved by the
Greenhouse and Energy Data Officer.
(3) The Greenhouse and Energy Data Officer may accept the
application and not publish the information if he or she is satisfied
that the information would reveal, or would be capable of
revealing, information of a kind specified in subsection (1).
Section 26
(4) The Greenhouse and Energy Data Officer must notify an applicant,
in writing, of a decision to accept or refuse an application under
this section.
26 Information may be disclosed to specified persons or bodies

(1) The Greenhouse and Energy Data Officer, or a person authorised
by the Greenhouse and Energy Data Officer, may disclose
greenhouse and energy information to:
(a) a Commonwealth Minister; or
(b) a Secretary of a Department or the head of an authority of the
Commonwealth; or
(c) an APS employee or an employee of an authority of the
Commonwealth;
if the person is responsible for administering a program or
collecting statistics relating to greenhouse gas emissions, energy
consumption or energy production and the person is specified in
regulations made for the purposes of this section.
greenhouse and energy information to a person providing services
to the Commonwealth, or an authority of the Commonwealth, in
relation to the administration of such a program or the collection of
such statistics.
greenhouse and energy information to:
(a) a court; or
(b) the Administrative Appeals Tribunal;
for the purposes of, or in connection with, court or tribunal
proceedings, or proposed or possible court or tribunal proceedings
under this Act.
greenhouse and energy information to another person for the
purposes of facilitating reviews of Australia’s compliance with its
Section 27
international obligations relating to reporting of greenhouse gas

emissions, production of energy and consumption of energy.
(5) The Greenhouse and Energy Data Officer may make disclosure of
information under subsection (2) subject to conditions, including:
(a) restrictions on disclosure of the information to other persons;
and
(b) security measures required in relation to the confidentiality of
the information.
27 Information may be disclosed to States and Territories

by the Greenhouse and Energy Data Officer, must disclose
greenhouse and energy information to a State or Territory or an
authority of a State or Territory if:
(a) it is information mentioned in subsection 19(9); or
(b) it is information relating to facilities that are wholly or partly
located in the State or Territory.
(1A) However, the Greenhouse and Energy Data Officer may refuse to
disclose information under this section if satisfied that there would
not be adequate security measures in place in relation to the
confidentiality of the information.
(2) The Greenhouse and Energy Data Officer may make disclosure of
information under this section subject to conditions including:
(a) restrictions on disclosure of the information to other persons;
and
(b) security measures required in relation to the confidentiality of
the information; and
(c) the State, Territory, or authority not requiring the reporting or
disclosure of other information of a kind similar to
greenhouse and energy information.
28 Corporation may request information be disclosed

(1) A registered corporation may, by written notice, request the
Greenhouse and Energy Data Officer to disclose greenhouse and
energy information related to the corporation.
Section 28
(2) The notice must:

(a) specify the information to be disclosed; and
(b) specify the person or persons to whom the information is to
be disclosed; and
(c) be given in the manner and form approved by the
Greenhouse and Energy Data Officer.
(3) The Greenhouse and Energy Data Officer may, within a reasonable
period after being given the notice, disclose the information.
Enforcement Part 5
Civil penalties Division 1
Section 29
Part 5—Enforcement
Division 1—Civil penalties
Subdivision A—Civil penalty orders
29 Civil penalty provisions

The following are civil penalty provisions for the purposes of this
Act:
(a) a subsection of this Act (or a section of this Act that is not
divided into subsections) if the words “civil penalty” and one
or more amounts in penalty units are set out at the foot of the
subsection (or section);
(b) a subsection of this Act if another provision of this Act
specifies that the subsection is a civil penalty provision.
30 Continuing contraventions
(1) If an act or thing is required, under a civil penalty provision of this
Act, to be done within a particular period, or before a particular
time, then the obligation to do that act or thing continues (even if
the period has expired or the time has passed) until the act or thing
is done.
(2) If, under section 12, 19, 20 or 73, an act or thing is required to be
done within a particular period, or before a particular time, and a
person fails to comply with that requirement, the person is liable
for a civil penalty for each day that the person fails to comply.
Civil penalty:
(a) for failure to meet a requirement under section 12, 19 or 20—
100 penalty units per day; or
(b) for failure to meet a requirement under section 73—10
penalty units per day.
(3) To avoid doubt, a person’s failure to comply with such a
requirement on a particular day is taken, for the purposes of this
Part 5 Enforcement
Division 1 Civil penalties
Section 31
Act, not to be the same conduct as the person’s failure to comply

with that requirement on a different day.
31 Court may order person to pay pecuniary penalty for

contravening civil penalty provision
Application for order

(1) Within 6 years of a person contravening a civil penalty provision,
the Greenhouse and Energy Data Officer may apply, on behalf of
the Commonwealth, to a Court for an order that the person pay the
Commonwealth a pecuniary penalty.
Court may order person to pay pecuniary penalty

(2) If the Court is satisfied that the person has contravened a civil
penalty provision, the Court may order the person to pay to the
Commonwealth for each contravention the pecuniary penalty that
the Court determines is appropriate.
Maximum pecuniary penalty

(3) The pecuniary penalty must not exceed the sum of:
(a) the relevant amount specified for the civil penalty provision;
and
(b) the amount (if any) for which the person is liable under
section 30 at the time the Court makes the order.
Determining amount of pecuniary penalty

(4) In determining the pecuniary penalty, the Court must have regard
to all relevant matters, including:
(a) the nature and extent of the contravention; and
(b) the nature and extent of any loss or damage suffered as a
result of the contravention; and
(c) the circumstances in which the contravention took place; and
(d) whether the person has previously been found by the Court in
proceedings under this Act to have engaged in any similar
conduct.
Enforcement Part 5
Section 32
Conduct contravening more than one civil penalty provision

(5) If conduct constitutes a contravention of 2 or more civil penalty
provisions, proceedings may be instituted under this Act against a
person in relation to the contravention of any one or more of those
provisions. However, the person is not liable to more than one
pecuniary penalty under this section in respect of the same
conduct.
32 Contravening a civil penalty provision is not an offence

A contravention of a civil penalty provision is not an offence.
33 Persons involved in contravening civil penalty provision

(1) A person must not:
(a) aid, abet, counsel or procure a contravention of a civil
penalty provision; or
(b) induce (by threats, promises or otherwise) a contravention of
a civil penalty provision; or
(c) be in any way directly or indirectly knowingly concerned in,
or party to, a contravention of a civil penalty provision; or
(d) conspire to contravene a civil penalty provision.
(2) This Division applies to a person who contravenes subsection (1)
in relation to a civil penalty provision as if the person had
contravened the provision.
34 Recovery of a pecuniary penalty

If a Court orders a person to pay a pecuniary penalty:
(a) the penalty is payable to the Commonwealth; and
(b) the Commonwealth may enforce the order as if it were a
judgment of the Court.
Part 5 Enforcement
Division 1 Civil penalties
Section 35
Subdivision B—Civil penalty proceedings and criminal

proceedings
35 Civil proceedings after criminal proceedings

A Court must not make a pecuniary penalty order against a person
for a contravention of a civil penalty provision if the person has
been convicted of an offence constituted by conduct that is
substantially the same as the conduct constituting the
contravention.
36 Criminal proceedings during civil proceedings

(1) Proceedings for a pecuniary penalty order against a person for a
contravention of a civil penalty provision are stayed if:
(a) criminal proceedings are started or have already been started
against the person for an offence; and
(b) the offence is constituted by conduct that is substantially the
same as the conduct alleged to constitute the contravention.
(2) The proceedings for the order may be resumed if the person is not
convicted of the offence. Otherwise, the proceedings for the order
are dismissed.
37 Criminal proceedings after civil proceedings

Criminal proceedings may be started against a person for conduct
that is substantially the same as conduct constituting a
contravention of a civil penalty provision regardless of whether a
pecuniary penalty order has been made against the person.
38 Evidence given in proceedings for penalty not admissible in

criminal proceedings
Evidence of information given or evidence of production of
documents by an individual is not admissible in criminal
proceedings against the individual if:
(a) the individual previously gave the evidence or produced the
documents in proceedings for a pecuniary penalty order
Enforcement Part 5
Section 38
against the individual for a contravention of a civil penalty

provision (whether or not the order was made); and
(b) the conduct alleged to constitute the offence is substantially
the same as the conduct that was claimed to constitute the
contravention.
However, this does not apply to criminal proceedings in respect of
the falsity of the evidence given by the individual in the
proceedings for the pecuniary penalty order.
Part 5 Enforcement
Division 2 Infringement notices
Section 39
Division 2—Infringement notices
39 When an infringement notice can be given

(1) If the Greenhouse and Energy Data Officer has reasonable grounds
to believe that a person has contravened a civil penalty provision,
the Greenhouse and Energy Data Officer may give to the person an
infringement notice relating to the alleged contravention.
(2) An infringement notice must be given within 12 months after the
day on which the contravention is alleged to have taken place.
(3) A single infringement notice may be given to a person in respect
of:
(a) 2 or more alleged contraventions of a civil penalty provision;
and
(b) alleged contraventions of 2 or more civil penalty provisions.
However, the notice must not require the person to pay more than
one penalty in respect of the same conduct.
40 Matters to be included in an infringement notice

(1) An infringement notice must:
(a) identify the person to whom the notice is given; and
(b) set out brief details of:
(i) the alleged contravention of the civil penalty provision;
or
(ii) if the infringement notice relates to 2 or more alleged
contraventions of a civil penalty provision or alleged
contraventions of 2 or more civil penalty provisions—
each alleged contravention; and
(c) contain a statement to the effect that proceedings will not be
brought under this Part in relation to the alleged
contravention or contraventions if the penalty specified in the
notice is paid to the Greenhouse and Energy Data Officer, on
behalf of the Commonwealth, within:
(i) 28 days after the notice is given; or
Enforcement Part 5
Infringement notices Division 2
Section 41
(ii) if the Greenhouse and Energy Data Officer allows a

longer period—that longer period; and
(d) contain a statement to the effect that the person to whom the
notice is given may choose not to pay the penalty and, if the
person does so, proceedings may be brought under this Part
in relation to the alleged contravention or contraventions; and
(e) give an explanation of how payment of the penalty is to be
made; and
(f) set out such other matters (if any) as are specified by the
regulations.
Note: For the amount of penalty, see section 41.
(2) For the purposes of paragraph (1)(b), the brief details must include
the following information in relation to each alleged contravention:
(a) the date, time and place of the contravention;
(b) the civil penalty provision that was allegedly contravened.
41 Amount of penalty
The penalty to be specified in an infringement notice relating to a
person’s alleged contravention of a civil penalty provision must be
a pecuniary penalty equal to one-fifth of the maximum penalty that
a Court could impose on the person for that contravention.
Note: To work out this maximum penalty, see subsection 31(3).
42 Withdrawal of an infringement notice

(1) This section applies if an infringement notice is given to a person.
(2) The Greenhouse and Energy Data Officer may, by written notice
given to the person, withdraw the infringement notice.
Refund of penalty if infringement notice withdrawn

(3) If:
(a) the penalty specified in the infringement notice is paid; and
(b) the infringement notice is withdrawn after the penalty is paid;
the Commonwealth is liable to refund the penalty.
Part 5 Enforcement
Division 2 Infringement notices
Section 43
43 Paying the penalty in accordance with the notice

(1) This section applies if:
(a) an infringement notice relating to an alleged contravention of
a civil penalty provision is given to a person; and
(b) the penalty is paid in accordance with the infringement
notice; and
(c) the infringement notice is not withdrawn.
(2) Any liability of the person for the alleged contravention is
discharged.
(3) The payment of the penalty is not to be taken as an admission by
the person of liability for the alleged contravention.
(4) Proceedings under this Part may not be brought against the person
for the alleged contravention.
44 Effect of this Division on civil proceedings

This Division does not:
(a) require an infringement notice to be given in relation to an
alleged contravention of a civil penalty provision; or
(b) affect the liability of a person to have proceedings under this
Part brought against the person for an alleged contravention
of a civil penalty provision if:
(i) the person does not comply with an infringement notice
relating to the contravention; or
(ii) an infringement notice relating to the contravention is
not given to the person; or
(iii) an infringement notice relating to the contravention is
given to the person and subsequently withdrawn; or
(c) limit a Court’s discretion to determine the amount of a
penalty to be imposed on a person who is found in
proceedings under this Part to have contravened a civil
penalty provision.
Enforcement Part 5
Enforceable undertakings Division 3
Section 45
Division 3—Enforceable undertakings
45 Acceptance of undertakings relating to contraventions

(1) The Greenhouse and Energy Data Officer may accept any of the
following undertakings given by a person:
(a) a written undertaking that the person will take specified
action, in order to comply with the provisions of this Act or
the regulations;
(b) a written undertaking that the person will refrain from taking
specified action in order to comply with the provisions of this
Act or the regulations;
(c) a written undertaking that the person will take specified
action directed towards ensuring that the person:
(i) does not commit a contravention of this Act or the
regulations; or
(ii) is unlikely to commit a contravention of this Act or the
regulations;
in the future;
(d) a written undertaking of a kind specified in regulations made
for the purposes of this paragraph.
(2) The undertaking must be expressed to be an undertaking under this
section.
(3) The person may withdraw or vary the undertaking at any time, but
only with the consent of the Greenhouse and Energy Data Officer.
given to the person, cancel the undertaking.
(5) The undertaking may be published on an appropriate website.
46 Enforcement of undertakings
(1) If:
(a) a person has given an undertaking under section 45; and
(b) the undertaking has not been withdrawn or cancelled; and
Part 5 Enforcement
Division 3 Enforceable undertakings
Section 46
(c) the Greenhouse and Energy Data Officer considers that the
person has breached the undertaking;
the Greenhouse and Energy Data Officer may apply to a Court for
an order under subsection (2).
(2) If the Court is satisfied that the person has breached the
undertaking, the Court may make any or all of the following
orders:
(a) an order directing the person to comply with the undertaking;
(b) an order directing the person to pay to the Greenhouse and
Energy Data Officer, on behalf of the Commonwealth, an
amount up to the amount of any financial benefit that the
person has obtained directly or indirectly and that is
reasonably attributable to the breach;
(c) any order that the Court considers appropriate directing the
person to compensate any other person who has suffered loss
or damage as a result of the breach;
(d) any other order that the Court considers appropriate.
Enforcement Part 5
Liability of chief executive officers of corporations Division 4
Section 47
Division 4—Liability of chief executive officers of

corporations
47 Civil penalties for chief executive officers of corporations

(1) If:
(a) a corporation contravenes a civil penalty provision; and
(b) a chief executive officer of the corporation knew that, or was
reckless or negligent as to whether, the contravention would
occur; and
(c) the officer was in a position to influence the conduct of the
corporation in relation to the contravention; and
(d) the officer failed to take all reasonable steps to prevent the
contravention;
the officer contravenes this subsection.
(2) Subsection (1) is a civil penalty provision.
(3) Under section 31, a Court may order a person contravening
subsection (1) to pay a pecuniary penalty not more than the
pecuniary penalty the Court could order a corporation to pay for
contravening the civil penalty provision mentioned in
paragraph (1)(a).
48 Did a chief executive officer take reasonable steps to prevent

contravention?
(1) For the purposes of section 47, in determining whether a chief
executive officer of a corporation failed to take all reasonable steps
to prevent a contravention, a Court is to have regard to:
(a) what action (if any) the officer took directed towards
ensuring the following (to the extent that the action is
relevant to the contravention):
(i) that the corporation arranges regular professional
assessments of the corporation’s compliance with this
Act or the regulations;
Part 5 Enforcement
Division 4 Liability of chief executive officers of corporations
Section 48
(ii) that the corporation implements any appropriate

recommendations arising from such an assessment;
(iii) that the corporation’s employees, agents and contractors
have a reasonable knowledge and understanding of the
requirements to comply with this Act and the
regulations in so far as those requirements affect the
employees, agents or contractors concerned; and
(b) what action (if any) the officer took when he or she became
aware that the corporation was contravening this Act or the
regulations.
(2) This section does not, by implication, limit the generality of
section 47.
Administration Part 6
The Greenhouse and Energy Data Officer Division 1
Section 49
Part 6—Administration
Division 1—The Greenhouse and Energy Data Officer
49 Establishment
There is to be a Greenhouse and Energy Data Officer.
50 Functions
The Greenhouse and Energy Data Officer has the following
functions:
(a) functions conferred on the Greenhouse and Energy Data
Officer by this Act, the regulations or any other law of the
Commonwealth; and
(b) to do anything incidental to, or conducive to, the performance
of any of the functions referred to in paragraph (a).
51 Appointment
The Greenhouse and Energy Data Officer is to be engaged under
the Public Service Act 1999.
52 Staff
The staff necessary to assist the Greenhouse and Energy Data
Officer are to be persons engaged under the Public Service Act
1999 who are:
(a) employed in the Department; and
(b) made available for the purpose by the Secretary of the
Department.
53 Delegation
The Greenhouse and Energy Data Officer may, by signed
instrument, delegate all or any of his or her powers under this Act
to an SES employee or acting SES employee.
Part 6 Administration
Division 2 Decisions by Greenhouse and Energy Data Officer
Section 54
Division 2—Decisions by Greenhouse and Energy Data

Officer
54 Greenhouse and Energy Data Officer may declare facility

(1) The Greenhouse and Energy Data Officer may declare that an
activity or series of activities (including ancillary activities) are a
facility:
(a) on application by a controlling corporation; or
(b) on his or her own initiative.
(2) An application must:
(a) identify the controlling corporation; and
(b) identify the facility for which a declaration is sought; and
(c) include any other information required by the regulations;
and
(d) be given in a manner and form approved by the Greenhouse
and Energy Data Officer.
(3) In considering making a declaration that an activity or series of
activities are a facility, the Greenhouse and Energy Data Officer
must have regard to:
(a) the matters dealt with in regulations made for the purposes of
paragraph 9(1)(a); and
(b) the need for each facility to be distinct from, and not overlap
with, activities that constitute other facilities.
(4) The Greenhouse and Energy Data Officer must notify an applicant
under paragraph (1)(a), in writing, of a decision under
subsection (1) to declare a facility or refuse the application.
(5) If the Greenhouse and Energy Data Officer makes a declaration
under paragraph (1)(b), he or she must notify, in writing, the
corporation, joint venture or partnership that has, or that he or she
reasonably believes has, operational control of the facility to which
the declaration relates.
Decisions by Greenhouse and Energy Data Officer Division 2
Section 55
55 Greenhouse and Energy Data Officer may declare corporation

etc. has operational control
(1) The Greenhouse and Energy Data Officer may declare that a
controlling corporation or another member of the corporation’s
group has operational control of a facility:
(a) on application by the corporation or member; or
(b) on his or her own initiative.
(2) An application must:
(a) identify the corporation or member; and
(b) identify the facility for which a declaration of operational
control is sought; and
(c) include any other information required by the regulations;
and
(d) be given in a manner and form approved by the Greenhouse
and Energy Data Officer.
(3) In considering making a declaration that a controlling corporation
or another member of the corporation’s group has operational
control of a facility, the Greenhouse Energy and Data Officer must
have regard to the matters dealt with in paragraph 11(1)(a) and
regulations made for the purposes of that paragraph.
(4) The Greenhouse and Energy Data Officer must notify an applicant
under paragraph (1)(a), in writing, of a decision under
subsection (1) to declare the corporation or member to have
operational control of the facility or to refuse the application.
(5) If the Greenhouse and Energy Data Officer makes a declaration
under paragraph (1)(b), he or she must notify, in writing, the
corporation or member which he or she has declared to have
operational control of the facility to which the declaration relates.
Division 3 Review of decisions
Section 56
Division 3—Review of decisions
56 AAT review of decisions

An application may be made to the Administrative Appeals
Tribunal for the review of a decision of the Greenhouse and
Energy Data Officer to:
(a) not register a corporation under section 17; and
(b) not deregister a corporation under section 18; and
(c) make a determination under section 20; and
(d) refuse to make a determination under section 20; and
(e) refuse an application under section 25; and
(ea) refuse to disclose information under section 27; and
(f) refuse an application under section 54; and
(g) declare a facility under paragraph 54(1)(b); and
(h) refuse an application under section 55; and
(i) declare that a corporation has operational control of a facility
under paragraph 55(1)(b).
Monitoring compliance Division 4
Section 57
Division 4—Monitoring compliance

Subdivision A—Authorised officers
57 Appointment of authorised officers

(1) The Greenhouse and Energy Data Officer may, in writing, appoint:
(a) an APS employee; or
(b) an employee of a State or a Territory or of an authority of a
State or a Territory;
to be an authorised officer for the purposes of this Division.
(2) In exercising powers or performing functions as an authorised
officer, an authorised officer must comply with any directions of
the Greenhouse and Energy Data Officer.
Note: Section 70 of the Crimes Act 1914 creates an offence where
Commonwealth officers (including persons performing services for or
on behalf of the Commonwealth) disclose information in breach of a
duty of confidentiality.
58 Identity cards
(1) The Greenhouse and Energy Data Officer must issue an identity
card to an authorised officer in the form specified by the
regulations. The identity card must contain a recent photograph of
the authorised officer.
(2) A person commits an offence if:
(a) the person has been issued with an identity card; and
(b) the person ceases to be an authorised officer; and
(c) the person does not, as soon as practicable after so ceasing,
return the identity card to the Greenhouse and Energy Data
Officer.
Penalty: 1 penalty unit.
Note: Chapter 2 of the Criminal Code sets out the general principles of
criminal responsibility.
Division 4 Monitoring compliance
Section 59
(3) An authorised officer must carry the identity card at all times when
exercising powers or performing functions as an authorised officer.
Subdivision B—Powers of authorised officers
59 Entering premises to monitor compliance

(1) For the purposes of determining whether this Act has been
complied with, an authorised officer may:
(a) enter any premises:
(i) during normal business hours; or
(ii) if the entry is made under a warrant—at any time
specified in the warrant; and
(b) exercise the powers set out in section 60.
(2) An authorised officer is not authorised to enter premises under
subsection (1) unless:
(a) if the premises are business premises—the occupier of the
premises has consented to the entry and the officer has shown
his or her identity card if required by the occupier; or
(b) the entry is made under a warrant.
(3) If an authorised officer is on the premises with the consent of the
occupier, the authorised officer must leave the premises if the
occupier asks the authorised officer to do so.
60 Powers of authorised officers in monitoring compliance

(1) The following are the powers that an authorised officer may
exercise in relation to premises under section 59:
(a) the power to search the premises for any thing on the
premises that may relate to compliance with this Act;
(b) the power to examine any activity conducted on the premises
that may relate to information provided for the purposes of
this Act;
(c) the power to examine any thing on the premises that may
relate to information provided for the purposes of this Act;
Section 60
(d) the power to take photographs or make video or audio

recordings or sketches on the premises of any such activity or
thing;
(e) the power to inspect any document on the premises that may
relate to information provided for the purposes of this Act;
(f) the power to take extracts from, or make copies of, any such
document;
(g) the power to take onto the premises such equipment and
materials as the authorised officer requires for the purpose of
exercising powers in relation to the premises;
(h) the power to secure a thing that:
(i) is found during the exercise of monitoring powers on
the premises; and
(ii) an authorised officer believes on reasonable grounds
affords evidence of a contravention of this Act or of the
commission of an offence against the Crimes Act 1914;
until a warrant is obtained to seize the thing;
(i) the powers in subsections (2) and (3).
(2) The powers that an authorised officer may exercise in relation to
premises under section 59 include the power to operate equipment
at premises to see whether:
(a) the equipment; or
(b) a disk, tape or other storage device that:
(i) is at the premises; and
(ii) can be used with the equipment or is associated with it;
contains information that is relevant to assessing the correctness of
information provided under this Act.
(3) The powers that an authorised officer may exercise in relation to
premises under section 59 include the following powers in relation
to information described in subsection (2) found in the exercise of
the power under that subsection:
(a) the power to operate facilities at the premises to put the
information in documentary form and copy the documents so
produced;
(b) the power to operate facilities at the premises to transfer the
information to a disk, tape or other storage device that:
Section 61
(i) is brought to the premises for the exercise of the power;

or
(ii) is at the premises and the use of which for the purpose
has been agreed in writing by the occupier of the
premises;
(c) the power to remove from the premises a disk, tape or other
storage device to which the information has been transferred
in exercise of the power under paragraph (b).
61 Authorised officer may request persons to answer questions

(1) If the authorised officer was only authorised to enter premises
because the occupier of the premises consented to the entry, the
authorised officer may ask the occupier to:
(a) answer any questions related to the operation of this Act that
are put by the authorised officer; and
(b) produce any document requested by the authorised officer
that is so related.
(2) If the authorised officer was authorised to enter the premises by a
warrant, the authorised officer has power to require the occupier (if
the occupier is in or on the premises), or another person who
apparently represents the occupier (if that person is in or on the
premises), to:
(a) answer any questions related to the operation of this Act that
are put by the authorised officer; and
(b) produce any document requested by the authorised officer
that is so related.
(3) A person commits an offence if the person refuses or fails to
comply with a requirement under subsection (2).
Penalty: 10 penalty units.
(4) An individual is excused from complying with a requirement of
subsection (2) if the answer to the question or the production of the
document might tend to incriminate the individual or expose the
individual to a penalty.
Note: A defendant bears an evidential burden in relation to the matter in
subsection (4), see subsection 13.3(3) of the Criminal Code.
Section 62
Subdivision C—Obligations and incidental powers of

authorised officers
62 Authorised officer must produce identity card on request

An authorised officer is not entitled to exercise any powers under
this Act in relation to premises if:
(a) the occupier of the premises requires the authorised officer to
produce his or her identity card for inspection by the
occupier; and
(b) the authorised officer fails to comply with the requirement.
63 Consent
(1) Before obtaining the consent of a person for the purposes of
paragraph 59(2)(a), the authorised officer must inform the person
that he or she may refuse consent.
(2) An entry of an authorised officer because of the consent of a
person is not lawful unless the person voluntarily consented to the
entry.
64 Announcement before entry

An authorised officer executing a warrant must, before entering
premises under the warrant:
(a) announce that he or she is authorised to enter the premises;
and
(b) give any person at the premises an opportunity to allow entry
to the premises.
65 Details of warrant to be given to occupier etc. before entry

(1) If a warrant is being executed and the occupier of the premises in
respect of which it is being executed or another person who
apparently represents the occupier is present at the premises, the
authorised officer must make available to that person a copy of the
warrant.
Section 66
(2) The authorised officer must identify himself or herself to that

person.
(3) The copy of the warrant referred to in subsection (1) need not
include the signature of the magistrate who issued the warrant.
Note: Monitoring warrants are issued under section 70.
66 Use of electronic equipment in exercising monitoring powers

(1) An authorised officer or a person assisting that officer may operate
electronic equipment already at premises in order to exercise the
powers set out in section 60 if he or she believes, on reasonable
grounds, that the operation of the equipment can be carried out
without damage to the equipment.
(2) If the authorised officer or a person assisting believes, on
reasonable grounds, that:
(a) there is on the premises material relating to information
supplied under this Act that may be accessible by operating
electronic equipment on the premises; and
(b) expert assistance is required to operate the equipment; and
(c) if he or she does not take action under this subsection, the
material may be destroyed, altered or otherwise interfered
with;
he or she may do whatever is necessary to secure the equipment,
whether by locking it up, placing a guard, or otherwise.
(3) The authorised officer or a person assisting must give notice to the
occupier of the premises of his or her intention to secure equipment
and of the fact that the equipment may be secured for up to 24
hours.
(4) The equipment may be secured:
(a) for a period not exceeding 24 hours; or
(b) until the equipment has been operated by the expert;
whichever first happens.
(5) If an authorised officer or a person assisting believes, on
reasonable grounds, that the expert assistance will not be available
Section 67
within 24 hours, he or she may apply to a magistrate for an

extension of the period.
(6) The magistrate may extend the period of time, up to a maximum of
a further 48 hours.
(7) The authorised officer or a person assisting must give notice to the
occupier of the premises of his or her intention to apply for an
extension and the occupier is entitled to be heard in relation to that
application.
(8) The provisions of this Part relating to the issue of warrants apply,
with such modifications as are necessary, to the issue of an
extension.
(9) In this section:
premises means:
(a) premises that an authorised officer has entered, and remains
on, with the consent of the occupier; and
(b) warrant premises.
67 Compensation for damage to electronic equipment

(1) This section applies if:
(a) as a result of equipment being operated as mentioned in
section 66:
(i) damage is caused to the equipment; or
(ii) the data recorded on the equipment is damaged; or
(iii) programs associated with the use of the equipment, or
with the use of the data, are damaged or corrupted; and
(b) the damage or corruption occurs because:
(i) insufficient care was exercised in selecting the person
who was to operate the equipment; or
(ii) insufficient care was exercised by the person operating
the equipment.
(2) The Commonwealth must pay the owner of the equipment, or the
user of the data or programs, such reasonable compensation for the
Section 68
damage or corruption as the Commonwealth and the owner or user

agree on.
(3) However, if the owner or user and the Commonwealth fail to
agree, the owner or user may institute proceedings in a Court for
such reasonable amount of compensation as the Court determines.
(4) In determining the amount of compensation payable, regard is to
be had to whether the occupier of the premises, or the occupier’s
employees or agents, if they were available at the time, provided
any appropriate warning or guidance on the operation of the
equipment.
(5) Compensation is payable out of money appropriated by the
Parliament.
(6) For the purposes of subsection (1):
damage, in relation to data, includes damage by erasure of data or
addition of other data.
Subdivision D—Occupier’s rights and responsibilities
68 Occupier entitled to be present during execution of warrant

(1) If a warrant is being executed and the occupier of the warrant
premises, or another person who apparently represents the
occupier, is present at the premises, the person is entitled to
observe the execution of the warrant.
(2) The right to observe the execution of the warrant ceases if the
person impedes that execution.
(3) This section does not prevent the execution of the warrant in 2 or
more areas of the premises at the same time.
69 Occupier to provide authorised officer with all facilities and

assistance
(1) The occupier of warrant premises, or another person who
apparently represents the occupier, must provide the officer
executing the warrant and any person assisting that officer with all
Section 70
reasonable facilities and assistance for the effective exercise of

their powers.
(2) A person commits an offence if the person fails to comply with the
obligation set out in subsection (1).
Penalty: 10 penalty units.
Note: Chapter 2 of the Criminal Code sets out the general principles of
criminal responsibility.
Subdivision E—Warrants
70 Monitoring warrants
(1) An authorised officer may apply to a magistrate for a warrant
under this section in relation to premises.
(2) Subject to subsection (3), the magistrate may issue the warrant if
the magistrate is satisfied, by information on oath or affirmation,
that it is reasonably necessary that one or more authorised officers
should have access to the premises for the purposes of
substantiating information provided under this Act or of
determining whether this Act has been complied with.
(3) The magistrate must not issue the warrant unless the authorised
officer or some other person has given to the magistrate, either
orally or by affidavit, such further information (if any) as the
magistrate requires concerning the grounds on which the issue of
the warrant is being sought.
(4) The warrant must:
(a) authorise one or more authorised officers (whether or not
named in the warrant), with such assistance as is necessary
and reasonable:
(i) to enter the premises; and
(ii) to exercise the powers set out in section 60 in relation to
the premises; and
(b) state whether the entry is authorised to be made at any time
of the day or during specified hours of the day; and
Section 71
(c) specify the day (not more than 6 months after the issue of the
warrant) on which the warrant ceases to have effect; and
(d) state the purpose for which the warrant is issued.
Subdivision F—Information gathering
71 Power to request information

(1) This section applies to a person if the Greenhouse and Energy Data
Officer has reason to believe that information (the compellable
information) relating to whether this Act has been complied with
is in a person’s possession, custody or control (whether held
electronically or in any other form).
(2) The Greenhouse and Energy Data Officer may, in writing, require
the person to give specified compellable information to the
Greenhouse and Energy Data Officer:
(a) within a specified period of time; and
(b) in a specified form or manner.
(3) The person must not fail to comply with a requirement under this
section.
Civil penalty: 50 penalty units.
(4) The person must not, in purported compliance with a requirement
under this section, give to the Greenhouse and Energy Data Officer
information that is false or misleading in a material particular.
(5) Subsection (3) does not apply to the extent that the person has a
reasonable excuse. However, a person does not have a reasonable
excuse merely because the information in question is:
(a) of a commercial nature; or
(b) subject to an obligation of confidentiality arising from a
commercial relationship; or
(c) commercially sensitive.
Section 72
(6) Subsection (3) does not apply in relation to compellable

information if giving the information might tend to incriminate the
person or expose the person to a penalty.
72 Prohibitions on disclosure of information do not apply

This Division has effect despite any law of the Commonwealth, a
State or a Territory prohibiting disclosure of the information.
Subdivision G—External audits
73 External audits—compliance
(1) This section applies if the Greenhouse and Energy Data Officer has
reasonable grounds to suspect that a registered corporation has
contravened, is contravening, or is proposing to contravene, this
Act or the regulations.
given to the corporation, require the corporation to:
(a) appoint:
(i) an external auditor of its choice; or
(ii) if the Greenhouse and Energy Data Officer specifies an
external auditor in the notice—that external auditor; and
(b) arrange for the external auditor to carry out an external audit
on one or more aspects of the corporation’s compliance with
this Act or the regulations; and
(c) arrange for the external auditor to give the corporation a
written report setting out the results of the audit; and
(d) give the Greenhouse and Energy Data Officer a copy of the
audit report on or before the day specified in the notice.
(3) The notice must specify the:
(a) matters to be covered by the audit; and
(b) form of the audit report and the kinds of details it is to
contain.
(4) A corporation must provide an external auditor with all reasonable
facilities and assistance necessary for the effective exercise of the
external auditor’s duties under this Act.
Section 74
(5) If the Greenhouse and Energy Data Officer gives a corporation

written notice under subsection (2), the corporation must comply
with the requirements of the notice and this section.
Note: Under section 30 a corporation may be liable for an additional civil
penalty for each day after the day mentioned in paragraph (2)(d) for
which the corporation fails to provide an audit report in accordance
with this section.
74 External audits—other
(1) The Greenhouse and Energy Data Officer may appoint an external
auditor to carry out an external audit of a registered corporation’s
compliance with one or more aspects of this Act or the regulations.
(2) The Greenhouse and Energy Data Officer must give written notice
to a corporation of a decision to appoint an auditor under
subsection (1). The notice must:
(a) specify the external auditor; and
(b) specify the period within which the audit is to be undertaken;
and
(c) specify the matters to be covered by the audit; and
(d) be given to the corporation at a reasonable time before the
audit is to be undertaken.
(3) If a corporation is given a notice under subsection (2), the
corporation must arrange for the external auditor to carry out the
external audit and provide the auditor with all reasonable facilities
and assistance necessary for the effective exercise of the external
auditor’s duties under this Act.
75 Requirements for external auditors

(1) An external auditor must conduct an audit and prepare a report in
accordance with guidelines determined by the Greenhouse and
Energy Data Officer under subsection (2).
Section 75
(2) The Greenhouse and Energy Data Officer may determine, by

legislative instrument, guidelines to be followed by external
auditors when conducting audits and preparing reports under this
Subdivision.
Part 7 Miscellaneous
Section 76
Part 7—Miscellaneous
76 Modification of National Environment Protection (National

Pollutant Inventory) Measure
A national environment protection measure made under section 14
of the National Environment Protection Council Act 1994 does not
apply to the extent that it requires the reporting or disclosure of
information relating to:
(a) greenhouse gas emissions; or
(b) greenhouse gas projects.
77 Regulations
The Governor-General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or
giving effect to this Act.
[Minister’s second reading speech made in—

House of Representatives on 15 August 2007
Senate on 18 September 2007]
(164/07)

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National Greenhouse and Energy

Reporting Act 2007

No. 175, 2007

An Act to provide for the reporting and

Note: An electronic version of this Act is available in ComLaw (http://www.comlaw.gov.au/)

Part 3—Obligations of registered corporations etc. 17

Part 4—Disclosure of information 23

No. 175, 2007

An Act to provide for the reporting and

The Parliament of Australia enacts:

(2) Column 3 of the table contains additional information that is not

related to greenhouse gas emissions, greenhouse gas projects,

4 Constitutional basis for Act

5 Act excludes some State and Territory laws

6 Application to external Territories, Exclusive Economic Zone and

(2) This Act extends to Australia’s exclusive economic zone.

facility has the meaning given by section 9.

joint venture means an enterprise carried on by 2 or more entities

member has the meaning given by subsection 8(2).

8 Group and members of a group

(2) The members of the group are the entities mentioned in

10 Emissions, energy production and energy consumption etc.

12 Obligation to apply to register

(2) The application must be made during the period:

(iii) if the year is a later financial year—50 kilotonnes or

Amount of the threshold × Number of control days

14 Applying to register in relation to greenhouse gas project

15 Requirements for applications

Division 2—The Register

Division 3—Registration and deregistration of

Data Officer is satisfied that the registered corporation’s group is

Part 3—Obligations of registered corporations etc.

19 Report to be given to Greenhouse and Energy Data Officer

(2) A report under subsection (1) is required for:

(a) greenhouse gas emissions; and

20 Liability of other persons to provide certain information

(b) otherwise—2,000 penalty units.

21 Reports relating to greenhouse gas projects

(4) A report must:

(5) Without limiting paragraph (4)(b), regulations made for the

Civil penalty: 1,000 penalty units.

Part 4—Disclosure of information

(2) This section applies to a person who is or was:

(e) an employee of the Commonwealth, a State or a Territory or

(a) the publication of the information is required under a law of

25 Requests for information not to be published

26 Information may be disclosed to specified persons or bodies

international obligations relating to reporting of greenhouse gas

27 Information may be disclosed to States and Territories

28 Corporation may request information be disclosed

(2) The notice must:

29 Civil penalty provisions

Act, not to be the same conduct as the person’s failure to comply

31 Court may order person to pay pecuniary penalty for

Application for order

Court may order person to pay pecuniary penalty

Maximum pecuniary penalty

Determining amount of pecuniary penalty

Conduct contravening more than one civil penalty provision

32 Contravening a civil penalty provision is not an offence