Carbon Pricing Act 2018

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1 Short title and commencement

2 General interpretation

3 Meaning of "business facility"

4 Meaning of "operational control"

5 Application of Act

6 Administration of Act

7 Obligation to apply to register as registered person, and to register business facility as reportable facility and taxable facility

8 Applications for registration

9 Entitlement to apply to deregister as taxable facility, reportable facility, and as registered person

10 Applications to deregister

11 Emissions reports

12 Emissions reports required to be verified

14 Inaccuracies, etc., in emissions reports and monitoring plans, etc., identified by Agency

15 Inaccuracies, etc., in emissions reports and monitoring plans identified by registered person

17 Payment of tax and penalty

18 Relief or remission from tax or penalty

19 Refund of tax, etc.

20 Recovery of tax and penalty, etc.

21 Assessments by Agency

22 Advance assessments

23 Revision of assessments

24 Waiver of small assessments

25 Mistakes in assessment

27 Crediting of carbon credits

28 Surrender of carbon credits

29 Cancellation of carbon credits

30 Refunds on carbon credits

31 Opening of registry account

32 Suspension of registry account

33 Closing of registry account

34 Appeals to Minister

35 Effect of appeal, etc.

36 Disposal of appeal

37 Appeals to High Court

38 Composition and procedure of Appeal Panel

39 Powers of Appeal Panel

40 Maintenance of records

41 Registers to be kept and maintained by Agency

42 Correcting or updating register on Agency’s initiative

43 Correcting or updating register on request

44 Obligation to update changes to particulars

45 Interpretation of this Part

46 Entering premises, etc., to monitor compliance

47 Power to demand names and addresses on entering premises

48 Power to search premises, etc.

49 Power to require persons to provide information and documents

50 General power to require information or documents

51 Additional powers in determining if person or business facility is registrable

52 Obstructing Agency or authorised officer

53 False statements, forging of documentation, etc.

54 Offences relating to registrations

55 Offences relating to submissions of unverified emissions reports

56 Offences relating to submissions of verified emissions reports

57 Offences relating to monitoring plans

58 Other offences relating to emissions reports and monitoring plans

59 Offence relating to failure to pay tax

60 Offences by authorised and unauthorised persons

61 Offences relating to appeals

62 Offences relating to records and registers

63 Notices and other documents may be given by authorised officer

64 Inaccuracies in document

66 Disclosure of information

67 Service of documents

68 Offences by corporations

69 Offences by unincorporated associations or partnerships

70 Power of court to order cause of contravention to be remedied

71 Composition of offences

72 Payment of moneys into Consolidated Fund

73 Amendment of Schedules

75 Extensions of time

77 Incorporation by reference

78 Advisory guidelines

79 Consequential and related amendments to Energy Conservation Act

80 Saving and transitional provisions

SECOND SCHEDULE

Sections 2(1) and 73

Matters relating to emissions thresholds
and reporting of GHG emissions

Part 1

EMISSIONS THRESHOLDS

1.	The first emissions threshold is 2,000 tCO₂e.

2.	The second emissions threshold is 25,000 tCO₂e.

Part 2

NON-RECKONABLE GHG EMISSIONS

First column

Second column

Greenhouse gas

Circumstances of emission

1.	Nitrogen trifluoride

Emitted in any circumstances.

2.	Sulphur hexafluoride

Emitted in the course of manufacturing, installing, using or disposing of any electrical equipment.

3.	Carbon dioxide

(a)	Used and emitted in the course of purging.

(b)	Used and emitted in the course of blasting.

(c)	Emitted in the course of using any lubricant or paraffin wax.

(d)	Emitted in the combustion of any of the following:

(i)	biodiesels;

(ii)	biogasoline;

(iii)

charcoal;

(iv)	landfill gas;

(v)	sludge gas;

(vi)	sulphite lyes (Black Liquor);

(vii)

wood or wood waste;

(viii)

other biogas;

(ix)	other liquid biofuel;

(x)	other primary solid biomass.

4.	Any hydrofluorocarbon

Emitted in the course of using any refrigeration and air‑conditioning equipment for non‑manufacturing purposes.

5.	Any perfluorocarbon

Emitted in the course of using any refrigeration and air-conditioning equipment for non-manufacturing purposes.

6.	Any greenhouse gas

(a)	Emitted in the course of using any fire protection equipment.

(b)	Emitted as a fugitive emission (excluding flaring and venting).

(c)	Emitted in the course of using any vehicle to transport any person or goods.

(d)	Emitted in the course of using any fuel that is described as any of the following under the Harmonized Commodity Description and Coding System:

(i)	HS Code 2710.12.11;

(ii)	HS Code 2710.12.12;

(iii)

HS Code 2710.12.13;

(iv)	HS Code 2710.12.14;

(v)	HS Code 2710.12.15;

(vi)	HS Code 2710.12.16;

(vii)

HS Code 2710.19.71;

(viii)

HS Code 2710.19.72;

(ix)	HS Code 2711.21.10.

(e)	Emitted in the course of carrying out Agriculture, Forestry and Other Land Use (AFOLU) activities.

Part 3

EXCLUDED GHG EMISSIONS

First column

Second column

Greenhouse gas

Circumstances of emission

1. Any greenhouse gas

(a)	Emitted in the course of using any vehicle to transport any person or goods.

(b)	Emitted in the course of carrying out Agriculture, Forestry and Other Land Use (AFOLU) activities.

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