Australian National Registry of Emissions Units Act 2011

If:

there is in force a declaration under section 37 that Australia is in compliance with the emissions trading eligibility requirements under the Kyoto rules; and

the Regulator receives an instruction, in accordance with the relevant provisions of the Kyoto rules, for the transfer of a Kyoto unit from a foreign account; and

the Kyoto unit is not specified in the regulations as a unit that cannot be transferred to a Registry account; and

making an entry for the Kyoto unit in the relevant Registry account would not breach regulations made for the purposes of section 39 (Kyoto rules); and

making an entry for the Kyoto unit in the relevant Registry account would not breach regulations made for the purposes of section 44 (Commonwealth Registry accounts);

For specification by class, see subsection 13(3) of the Legislation Act 2003.

However, the Regulator may refuse to make an entry for the Kyoto unit in the relevant Registry account if the Regulator has reasonable grounds to suspect that the instruction is fraudulent.