Key Points: The additional amendments to the National Greenhouse and
Energy Reporting Amendment Bill 2009 create a regime for a new type
of certificate, called the Reporting Transfer
The Federal Government has fixed an anomaly in transferring
reporting obligations to a non-corporate group member under the
National Greenhouse and Energy Reporting Amendment Bill 2009.
The Carbon Pollution Reduction Scheme Bill 2009 currently
contemplates circumstances in which a controlling corporation of a
corporate group may transfer liability under the Scheme to either a
member of that controlling corporation's corporate group (the
category A transfer test), or to a non-group member that has
financial control over a facility (category B transfer test).
While the Carbon Pollution Reduction Scheme (Consequential
Amendments) Bill 2009 contained amendments to the NGER Act to
facilitate reporting under that Act where liability under the CPRS
had been transferred to a member within a corporate group, it had
to date failed to facilitate the transfer of reporting obligations
under the NGER Act where liability under the CPRS had been
transferred to a company with financial control of a facility.
The additional amendments to the National Greenhouse and Energy
Reporting Amendment Bill 2009 create a regime for a new type of
certificate, called the Reporting Transfer Certificate.
Corporations with financial control of a facility that is under the
operational control of another member of a different controlling
corporation, and meets specified criteria, will be able to apply to
the Greenhouse and Energy Data Officer for a Reporting Transfer
Certificate. Once a Certificate is issued, all reporting,
record-keeping obligations and compliance measures under the NGER
Act in relation to the facility for which the Certificate is issued
are transferred to the holder of the Certificate.
If you require advice in relation to the implications of the
proposed amendment, including the implications of the transfer of
liability under the CPRS and reporting obligations under the NGER
Act to a corporation which has financial control of a facility,
please contact us.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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