76Offsets reports

#### 76 Offsets reports Report for first reporting period (1) The project proponent for an eligible offsets project must, in accordance with this section, give the Regulator a written report about the project for a period that: (a) is expressed to be a reporting period for the project; and (b) begins: (i) if the project has a single crediting period—at the start of that crediting period; or (ii) if the project has 2 crediting periods—at the start of the first crediting period; and (c) is not shorter than: (i) 6 months; or (ii) if, under the legislative rules, a specified lesser number of months is the minimum number of months applicable to the report—that specified lesser number of months; and (d) if the project is a sequestration offsets project—is not longer than 5 years; and (e) if the project is an emissions avoidance offsets project—is not longer than 2 years. > Note: Under section 15, the general rule is that the Regulator may only issue a certificate of entitlement to Australian carbon credit units in relation to a reporting period for an eligible offsets project if the reporting period is included in a crediting period for the project. Reports for subsequent reporting periods (2) The project proponent for an eligible offsets project must, in accordance with this section, give the Regulator a written report about the project for a period that: (a) is expressed to be a reporting period for the project; and (b) begins immediately after the end of the previous reporting period for the project; and (c) is not shorter than: (i) 6 months; or (ii) if, under the legislative rules, a specified lesser number of months is the minimum number of months applicable to the report—that specified lesser number of months; and (d) if the project is a sequestration offsets project—is not longer than 5 years; and (e) if the project is an emissions avoidance offsets project—is not longer than 2 years; and (f) if the project is an emissions avoidance offsets project—is included in: (i) a crediting period for the project; or (ii) the extended accounting period (if any) for the project. > Note 1: Under section 15, the general rule is that the Regulator may only issue a certificate of entitlement to Australian carbon credit units in relation to a reporting period for an eligible offsets project if the reporting period is included in a crediting period for the project. > Note 2: See also section 77. Offsets report (3) A report under this section is to be known as an offsets report. Offsets report requirements (4) An offsets report about a project for a reporting period must: (a) be given in the manner and form prescribed by the legislative rules; and (b) set out the information specified in the legislative rules; and (c) if, under the legislative rules, the offsets report is subject to audit under this Act—be accompanied by an audit report that is: (i) prescribed by the legislative rules; and (ii) prepared by a registered greenhouse and energy auditor who has been appointed as an audit team leader for the purpose; and (ca) if: (i) under the legislative rules, a set of 2 or more offsets reports given by the project proponent is subject to audit under this Act; and (ii) the offsets report is included in that set; be accompanied by an audit report that is: (iii) prescribed by the legislative rules; and (iv) prepared by a registered greenhouse and energy auditor who has been appointed as an audit team leader for the purpose; and (cb) if, before the offsets report was given to the Regulator, the Regulator gave the project proponent a written notice stating that the offsets report would be subject to audit under this Act—be accompanied by an audit report that is: (i) prescribed by the legislative rules; and (ii) prepared by a registered greenhouse and energy auditor who has been appointed as an audit team leader for the purpose; and (cc) if a notice under section 77A is relevant to the offsets report—be accompanied by a copy of that notice; and (d) be accompanied by such other documents (if any) as are specified in the legislative rules; and (e) be given to the Regulator within: (i) 6 months after the end of the reporting period; or (ii) if a greater number of months is specified in the applicable methodology determination for the project—that greater number of months after the end of the reporting period. (5) The Regulator must not give a notice under paragraph (4)(cb) unless the Regulator is satisfied that it is appropriate to do so, having regard to effective risk management. (6) To avoid doubt, an offsets report for a period may deal with matters that occur before the start of that period. (7) If, under the applicable methodology determination, the project proponent for the project is subject to a requirement to include specified information relating to the project in the offsets report, the offsets report must include that information. (8) If the following conditions are satisfied in relation to 2 or more eligible offsets projects: (a) the relevant section 27 declarations were made as a result of applications covered by a particular subsection 26(2) determination; (b) a particular person is the project proponent for the projects; offsets reports relating to those projects may be set out in the same document. (9) Information specified in legislative rules made for the purposes of paragraph (4)(b) may relate to a matter arising before, during or after the reporting period. (10) A document specified in legislative rules made for the purposes of paragraph (4)(d) may relate to a matter arising before, during or after the reporting period. Ancillary contraventions (11) A person must not: (a) aid, abet, counsel or procure a contravention of subsection (1); or (b) induce, whether by threats or promises or otherwise, a contravention of subsection (1); or (c) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (1); or (d) conspire with others to effect a contravention of subsection (1). Civil penalty provisions (12) Subsections (1), (2) and (11) are civil penalty provisions. > Note: Part 21 provides for pecuniary penalties for breaches of civil penalty provisions.