75Regulations

75 Regulations (1) The Governor in Council may make regulations for or with respect to— (a) prescribing any other gas to be a greenhouse gas; (b) prescribing a scheme or other arrangement to be a prescribed greenhouse scheme; S. 75(1)(c) amended by No. 23/2009 s. 35(5). (c) specifying a person or body other than AEMO from which a scheme acquisition may be made; (d) prescribing an activity as a prescribed activity in respect of which a certificate may be created; (e) prescribing conditions or circumstances under which a certificate cannot be created; (f) prescribing an efficiency rating which is a high efficiency rating in respect of a kind or class of appliance or equipment; (g) specifying when a prescribed activity is to be taken to have been undertaken; S. 75(1)(ga) inserted by No. 34/2022 s. 36. (ga) prescribing a code of conduct; S. 75(1)(gb) inserted by No. 34/2022 s. 36. (gb) prescribing code of conduct requirements that must be complied with when undertaking a prescribed activity or a regulated action; (h) prescribing the manner and form in which an assignment of the right to create a certificate may be made; S. 75(1)(ha) inserted by No. 34/2022 s. 48. (ha) prescribing the notice penalty for a contravention by a regulated entity of a civil penalty requirement specified in column 3 of the Table in Schedule 1; (i) the method and variables to calculate the carbon dioxide equivalent of greenhouse gases to be reduced by the prescribed activity; (j) exemptions from any of the requirements applying in respect of the creation of certificates; S. 75(1)(k) amended by No. 44/2014 s. 33(Sch. item 32). (k) prescribing the shortfall penalty rate and providing for the indexation of the rate in accordance with the all groups consumer price index for Melbourne in original terms published by the Australian Bureau of Statistics; S. 75(1)(l) amended by Nos 61/2015 s. 5, 15/2025 s. 11. (l) specifying targets for the purposes of section 30; (m) any matter or thing authorised or required to be prescribed or necessary to be prescribed for carrying this Act into effect. (2) Regulations made under this Act— (a) may be of general or of specially limited application; (b) may differ according to differences in time, place or circumstance; (c) may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by any government department, municipal council or public authority or any officer thereof; (d) may confer powers or impose duties in connection with the regulations on any government department, municipal council or public authority; (e) may apply, adopt or incorporate, with or without modification, the provisions of any Act or of any regulations made under any Act as in force at a particular time; S. 75(2)(f) substituted by No. 35/2013 s. 21. (f) may apply, adopt or incorporate, with or without modification, any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether— (i) as formulated, issued, prescribed or published at the time when the regulation is made or any time before the regulation is made; or (ii) as formulated, issued, prescribed or published from time to time; (g) may impose a penalty not exceeding 10 penalty units for any contravention of the regulations. S. 75(2A) inserted by No. 59/2010 s. 53. (2A) Regulations made under this Act may, for the purposes of section 16(3)(a)(ii), prescribe, as a manner, a manner that is done before the commencement of section 52 of the **Mineral Resources Amendment (Sustainable Development) Act 2010**. (3) The regulations are subject to disallowance by a House of the Parliament. S. 75A inserted by No. 34/2022 s. 67, repealed by No. 70/2007 s. 75A(6).