National Greenhouse and Energy Reporting Act 2007

A controlling corporation’s group meets a threshold for a financial year if in that year:

the total amount of greenhouse gases emitted from the operation of facilities under the operational control of entities that are members of the group has a carbon dioxide equivalence of:

if the financial year starts on 1 July 2008—125 kilotonnes or more; or

if the financial year starts on 1 July 2009—87.5 kilotonnes or more; or

if the year is a later financial year—50 kilotonnes or more; or

the total amount of energy produced from the operation of facilities under the operational control of entities that are members of the group is:

if the financial year starts on 1 July 2008—500 terajoules or more; or

if the financial year starts on 1 July 2009—350 terajoules or more; or

if the year is a later financial year—200 terajoules or more; or

the total amount of energy consumed from the operation of facilities under the operational control of entities that are members of the group is:

if the financial year starts on 1 July 2008—500 terajoules or more; or

if the financial year starts on 1 July 2009—350 terajoules or more; or

if the year is a later financial year—200 terajoules or more; or

an entity that is a member of the group has operational control of a facility the operation of which during the year causes:

emission of greenhouse gases that have a carbon dioxide equivalence of 25 kilotonnes or more; or

production of energy of 100 terajoules or more; or

consumption of energy of 100 terajoules or more.

Subsection (1) does not apply in relation to:

greenhouse gas emissions; or

energy production; or

energy consumption;

methods by which the amounts of the emissions, production or consumption, as the case may be, are to be measured; or

criteria for methods by which the amounts of emissions, production or consumption, as the case may be, are to be measured.

If a group entity has operational control of a facility for a number of, but not all, days in a financial year (the control days), subparagraphs (1)(d)(i) to (iii) have effect as though each threshold were replaced by the amount worked out using the following formula:

For the purposes of this section, if a person was the holder of a reporting transfer certificate in relation to a facility on a particular day, the facility is taken not to have been under the operational control of a group entity on that day.