Transferring Reporting Obligations Under The NGER Act Made Easier

Key Points:
The additional amendments to the National Greenhouse and Energy Reporting Amendment Bill 2009 create a regime for a new type of certificate, called the Reporting Transfer Certificate.

The Federal Government has fixed an anomaly in transferring reporting obligations to a non-corporate group member under the National Greenhouse and Energy Reporting Amendment Bill 2009.

The Carbon Pollution Reduction Scheme Bill 2009 currently contemplates circumstances in which a controlling corporation of a corporate group may transfer liability under the Scheme to either a member of that controlling corporation's corporate group (the category A transfer test), or to a non-group member that has financial control over a facility (category B transfer test).