CTHRepealedAct
Clean Energy Act 2011
14Carbon pollution cap
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#### 14 Carbon pollution cap
Carbon pollution cap
(1) The regulations may declare that:
(a) a quantity of greenhouse gas that has a carbon dioxide equivalence of a specified number of tonnes is the carbon pollution cap for a specified flexible charge year; and
(b) that number is the carbon pollution cap number for that flexible charge year.
Regulations
(2) In making a recommendation to the Governor‑General about regulations to be made for the purposes of this section, the Minister:
(a) must have regard to Australia’s international obligations under international climate change agreements; and
(b) must have regard to the most recent report that:
(i) was given to the Minister by the Climate Change Authority under section 292; and
(ii) dealt with carbon pollution caps and carbon budgets; and
(c) may have regard to the following matters:
(i) undertakings relating to the reduction of greenhouse gas emissions that Australia has given under international climate change agreements;
(ii) Australia’s medium‑term and long‑term targets for reducing net greenhouse gas emissions;
(iii) progress towards reduction of greenhouse gas emissions;
(iv) global action to reduce greenhouse gas emissions;
(v) estimates of the global greenhouse gas emissions budget;
(vi) the economic and social implications associated with various levels of carbon pollution caps;
(vii) voluntary action to reduce Australia’s greenhouse gas emissions;
(viii) estimates of greenhouse gas emissions that are not covered by this Act;
(ix) estimates of the number of Australian carbon credit units that are likely to be issued;
(x) the extent (if any) of non‑compliance with this Act and the associated provisions;
(xi) the extent (if any) to which liable entities have failed to surrender sufficient units to avoid liability for unit shortfall charge;
(xii) any acquisitions, or proposed acquisitions, by the Commonwealth of eligible international emissions units;
(xiii) such other matters (if any) as the Minister considers relevant.