Division 6 Creation of abatement certificates

73K   Form of abatement certificates

(1)  Abatement certificates are to be created in a form approved by the Scheme Administrator.

(2)  Each abatement certificate is to include the following:

(a)  a statement of the activity in respect of which the abatement certificate is created, including any information relating to that activity that the Scheme Administrator, by notice in writing to an accredited abatement certificate provider, requires to be included in the certificate,

(b)  the year in which the activity took place,

(c)  the name of the person who created the certificate.

73KA   Determination of baseline

The Scheme Administrator may determine, in accordance with the greenhouse gas benchmark rules, a baseline for the activities of a person in respect of which an abatement certificate provider is entitled to create certificates.

Note. Baselines may be used to determine the activities in respect of which abatement certificates may be created under the greenhouse gas benchmark rules.

73KB   Activities that take place before application for accreditation

(1)  An accredited abatement certificate provider is not entitled to create an abatement certificate in respect of an activity that took place before the date on which the accredited abatement certificate provider lodged with the Scheme Administrator an application (completed to the satisfaction of, and in a form acceptable to, the Scheme Administrator) for accreditation as an abatement certificate provider.

(2)  Subclause (1) does not apply in respect of activities that take place in the year 2003 or during the period commencing on 1 January 2004 and ending on 30 June 2004.

(3)  In the year 2003, an accredited abatement certificate provider is not entitled to create an abatement certificate in respect of an activity that took place before 1 January 2003.

(4)  For avoidance of doubt, any regulations or greenhouse gas benchmark rules made under section 97EC (3) of the Act apply in respect of this clause.

Note. Section 97EC (3) of the Act allows the regulations and greenhouse gas benchmark rules to specify when an activity is considered to have taken place for the purposes of Part 8A of the Act.

73KC   Registration of creation of certificate

(1)  An application for registration of the creation of an abatement certificate is to be made to the Scheme Administrator in the form and manner approved by the Scheme Administrator.

(2)  The application is to be accompanied by a fee of $0.15 for each certificate created.

(3)  The Scheme Administrator may refuse an application for registration of the creation of an abatement certificate on any of the following grounds:

(a)  the applicant is not an accredited abatement certificate provider or the accreditation of the person as an abatement certificate provider is suspended at the time of application,

(b)  the application for registration was not duly made (including if it is not accompanied by the appropriate fee),

(c)  the Scheme Administrator is not satisfied that the applicant was entitled to create an abatement certificate in respect of the activity,

(d)  the Scheme Administrator is of the opinion that the accredited abatement certificate provider who created the certificate has contravened a provision of the Act, the regulations, the greenhouse gas benchmark rules or the conditions of the provider’s accreditation.

(4)  If the Scheme Administrator refuses an application for registration of the creation of an abatement certificate, the Scheme Administrator must notify the applicant in writing of the reasons for the determination.

73KD   Order requiring surrender of abatement certificates

(1)  This clause applies if an order is made or is proposed to be made under section 97EF of the Act against a person who has been found guilty of an offence against section 97DD (5) of the Act, being an offence that arose as a result of the following:

(a)  the person contravening a condition referred to in clause 73IA (relating to undertakings given to the Scheme Administrator in connection with benefits under mandatory greenhouse gas schemes),

(b)  the person contravening a condition referred to in clause 73IB (1) (relating to the creation of abatement certificates in respect of output for which a renewable energy certificate has already been created),

(c)  the person contravening a condition a referred to in clause 73ID (relating to maintenance of carbon sequestration).

(2)  For the purposes of section 97EF (4) of the Act, the number of certificates to be surrendered under the order is to be determined by the Scheme Administrator as follows:

(a)  in a case referred to in subclause (1) (a)—the number that is equivalent to the number of abatement certificates that, in the opinion of the Scheme Administrator, were created in respect of output or greenhouse gas abatement for which a benefit was obtained under a mandatory greenhouse gas scheme,

(b)  in a case referred to in subclause (1) (b)—the number that is equivalent to the number of abatement certificates that, in the opinion of the Scheme Administrator, were created by the person in contravention of the condition referred to in subclause (1) (b),

(c)  in a case referred to in subclause (1) (c)—the number of abatement certificates that, in the opinion of the Scheme Administrator, were created by the person in respect of carbon sequestration activities and in respect of which the person has contravened the condition referred to in subclause (1) (c).