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COMMONWEALTHAct
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s 19

Corrections of clerical errors, obvious defects or unauthorised entries etc

In force
Part 2Australian National Registry of Emissions Units
Division 6Correction and rectification of Registry

19 Corrections of clerical errors, obvious defects or unauthorised entries etc

Power of correction

(1)

The Regulator may alter the Registry for the purposes of correcting:

(a)

a clerical error or an obvious defect in the Registry; or

(b)

an entry made in the Registry without sufficient cause; or

(c)

an entry wrongly existing in the Registry; or

(d)

an entry wrongly removed from the Registry.

(2)

The Regulator may exercise the power conferred by subsection (1):

(a)

on written application being made to the Regulator by a person; or

(b)

on the Regulator’s own initiative.

(3)

The Regulator must not exercise the power conferred by subsection (1) of this section in a manner contrary to a decision of the Federal Court in proceedings under section 22.

(3A)

The Regulator must not exercise the power conferred by subsection (1) of this section in a manner contrary to:

(a)

regulations made for the purposes of section 32A of this Act; or

(aa)

section 48A of this Act; or

(b)

section 150A of the Carbon Credits (Carbon Farming Initiative) Act 2011.

Publication of alteration

(4)

If the Regulator makes an alteration to the Registry under subsection (1), the Regulator must cause to be published on the Regulator’s website a notice setting out the details of the alteration.

Refusal

(5)

If:

(a)

the Regulator decides to refuse to alter the Registry under subsection (1); and

(b)

the Regulator made the decision in response to an application;

the Regulator must give written notice of the decision to the applicant.

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