National Greenhouse and Energy Reporting Act 2007

The Regulator must cause a register of greenhouse and energy auditors to be kept for the purposes of the following Acts:

this Act;

the Carbon Credits (Carbon Farming Initiative) Act 2011;

the Future Made in Australia (Guarantee of Origin) Act 2024;

the Nature Repair Act 2023.

The Regulator must register an individual in the register if the individual:

has applied for registration in accordance with regulations under subsection (5); and

meets such requirements as to qualifications, knowledge, expertise, competence, independence and other matters as are set out in the regulations for the purposes of this paragraph or in a legislative instrument made under the regulations in accordance with subsection (4).

If an individual who has applied for registration in the register does not meet the requirements referred to in paragraph (2)(b), the Regulator must refuse to register the individual.

Regulations made for the purposes of paragraph (2)(b) may provide for the Regulator to make a legislative instrument setting out:

some or all of the requirements that could otherwise be set out in the regulations; or

ways in which requirements set out in the regulations may be met.

The regulations may provide for any of the following:

the form and content of the register;

publication of the register;

the form and content of applications for registration and the manner in which applications are to be made;

fees to be paid in connection with registration (including ongoing or recurrent fees to maintain registration);

requirements to be met in order to maintain registration;

review of registration;

suspension of registration in prescribed circumstances;

deregistration in prescribed circumstances;

inspection of the performance of registered greenhouse and energy auditors in carrying out biodiversity audits;

inspection of the performance of registered greenhouse and energy auditors in carrying out greenhouse and energy audits;

inspection of the performance of registered greenhouse and energy auditors in carrying out ERF audits;

inspection of the performance of registered greenhouse and energy auditors in carrying out safeguard audits;

inspection of the performance of registered greenhouse and energy auditors in carrying out guarantee of origin audits;

other matters in connection with registration in the register.

A fee under paragraph (5)(d) must not be such as to amount to taxation.

The Regulator may, by written instrument, delegate to another person (whether or not an SES employee or acting SES employee) any of the Regulator’s functions or powers under this section or regulations under this section.

However, the Regulator must not delegate the power to make a legislative instrument as mentioned in subsection (4) other than to an SES employee or acting SES employee.