CER-REG-001

FORM
CER-REG-001
v216/06/2015

Application for registration of a controlling corporation

under section 12 of the National Greenhouse and Energy Reporting Act 2007

Purpose of this form

This form is for a controlling corporation to apply to the Clean Energy Regulator for registration under section 12 of the National Greenhouse and Energy Reporting Act 2007 (NGER Act). A controlling corporation should apply for registration under section 12 of the NGER Act where it has met (or is likely to meet) one of the thresholds set out in section 13 of the NGER Act.

There are two types of thresholds that a controlling corporation must consider - facility thresholds and corporate group thresholds.

A controlling corporation will meet a facility threshold if it, or a member of its corporate group, has operational control over a facility that, during the financial year causes the:

  • emission of greenhouse gases with a carbon dioxide equivalence (CO2-e) of 25 kilotonnes (kt) or more, or
  • production of 100 terajoules (TJ) or more of energy, or
  • consumption of 100 TJ or more of energy.

If the facility was under the operational control of the controlling corporation or a member of the controlling corporation’s group for part of the year only, the thresholds are adjusted by multiplying the relevant threshold above by (the number of operational control days divided by the number of days in the financial year).

The corporate group thresholds decreased annually for the first three years of the NGER Scheme. From 2010–11 onwards, a controlling corporation will meet a corporate group threshold if during a financial year, the total amount of greenhouse gas emissions, energy production or energy consumption from all of the facilities under the operational control of the controlling corporation and members of the controlling corporation’s group meet any of the following thresholds:

  • 50 kt or more of greenhouse gases (CO2-e), or
  • production of 200 TJ or more of energy, or
  • consumption of 200 TJ or more of energy.

A controlling corporation must apply for registration, under subsection 12(1) of the NGER Act, if it meets one or more of the thresholds under section 13 of the NGER Act for a financial year. The controlling corporation must apply for registration by 31 August following the financial year in which the threshold was first met (e.g. 31 August 2015 for a threshold met in 2014–2015).

Under subsection 12(3) of the NGER Act, if an executive officer of the controlling corporation is satisfied that the corporation is likely to meet one or more of the thresholds under section 13 of the NGER Act for a financial year, the controlling corporation may apply for registration under the NGER Act by 31 August following the financial year in which it is likely to meet the threshold.

Reporting Transfer Certificates (RTCs)
Emissions and energy production and consumption from facilities that are the subject of an RTC do not count towards section 13 threshold assessments.

Registration is indefinite
Once a controlling corporation has been registered, it remains on the National Greenhouse and Energy Register until such time as the Clean Energy Regulator has approved an application for deregistration or the corporation has ceased to exist. Controlling corporations are not required to re-register for each reporting year.

Instructions for completing this form

Please read each part of the application carefully, fully answer all the questions, sign where indicated, and attach the required documentation.

You must complete and submit:

  • Part A1:Controlling corporation details
  • Part A2:Contact person - controlling corporation is a foreign corporation
  • Part A3:Affected group member details
  • Part B:Eligibility Details
  • Part C:Declaration

Controlling corporations may elect to submit only the required parts of the application.

You can choose to complete this form by:

  • printing the form and filling it in by hand, or
  • saving the form and filling in an electronic copy.

Note that if you choose the second option, there may be times when you will need to print certain sections in order to sign them or in order to complete multiple entries for a single set of questions. These sections may be scanned back into the computer and submitted electronically with the rest of the form.

Pen colours / Please use a black or blue pen to write on the form.
Check boxes / Mark boxes like this  with a ✔ or ✘. When an instruction asks you to ‘tick’ the box, you can still use either ✔ or ✘.
Go to / Where you see an instruction like this - Go to question 5 - mark the relevant box with a ✔ or ✘and then skip to the question number shown. You do not need to answer the question(s) in between.
Where an instruction has a black double arrow (), go to the next indicated part/section. Where an instruction has a black single arrow (), go to the next question. Where an instruction has a black single arrow pointing down (), fill in the field(s) directlybelow.
Mandatory questions / If all fields in a question are mandatory and must be completed, (required) is added to the end of the question label text. If a field in a question is mandatory only IF a condition is met, (required if any) is added to the end of the question label text.
 / This symbol indicates an instruction on what to do next.
 / This symbol indicates additional useful guidance to filling in the adjacent field or section.
 / This symbol advises that more than one entry may be required for the section and therefore you may need to photocopy or print the section or fill in a duplicate section.
 / This symbol advises that additional documentation to support a claim may need to be attached to the application.
Duplex printing / This form is designed to be duplex printed to save on paper. All new sections start on the right-hand side of a page spread.

Help filling in this form

Guidance for filling in this form is available on the Clean Energy Regulator website[1].

If you require assistance or have any questions regarding this application process, please contact the Clean Energy Regulator general enquiries line on 1300 553 542 or email .

Submitting this form

A signed copy of this form should be kept for your records.

Post your completed application with any accompanying documentation to either:

Clean Energy Applications

Clean Energy Regulator

GPO Box 621

Canberra ACT 2601

Alternatively, email your scanned completed application to the Clean Energy Regulator at .

If the email and its attachments (the application and supporting documents) are larger than 10MB, they must be sent using multiple emails that are clearly marked (i.e. by including an identifier: “1 of 3”, “2 of 3”, “3 of 3” in the subject/title). The signed application form must be saved as a single scanned file and not split into parts. Files may be zipped to reduce their size.

If submission occurs by email, the applicant is not required to send the original hardcopy of the application by post.

A1.Controlling corporation details

Controlling corporations details

  1. Name (required)

This is the name that appears on the Australian Business Register or the ASIC Register

Name
  1. Trading name (required if any)

Trading name
(if any)
  1. Head office postal address (required)

Address
Suburb/City / State
Country / Postcode
  1. Head office street address (required)

Tick here if the head office street address is the same as the head office postal address above and go to question 5,
OTHERWISE provide details below.
Address
Suburb/City / State
Country / Postcode
  1. Identifying details (required)

You must provide one of the following for the controlling corporation in order of precedence: ABN, ACN, ARBN or trading name and street address

ABN

If the controlling corporation does not have an ABN, please provide the controlling corporation’s ACN.

ACN

If the controlling corporation does not have an ABN or an ACN, please provide the controlling corporation’s ARBN.

ARBN

If the controlling corporation does not have an ABN, ACN or an ARBN, please provide the controlling corporation's trading name and street address:

Tick here if the trading name and street address was provided at questions 2–4 and go to question 6,
OTHERWISE provide details below
Trading name
(if any)
Street address
Suburb/City / State
Country / Postcode

Executive Officer details

Please provide details about the executive officer (or equivalent) who will sign the declaration at Part C.

If you want to give details of more than one executive officer, please photocopy this section for each officer.

  1. Position (required)

Position
  1. Name (required)

Title / Mr / Mrs / Miss / Ms / Other
Given name
Middle name(s)
Family name
  1. Postal address (required)

Tick here if the postal address is the same as the head office postal address provided at question 3, and go to question 9,
OTHERWISE provide details below
Address
Suburb/City / State
Country / Postcode
  1. Contact details (required)

Phone number / Alternative phone number (optional)
Email address

Contact person

Provide details about the person who will be acting as the contact officer between the controlling corporation and the Clean Energy Regulator.

Tick here if the contact person is the same as the executive officer provided previously and go to Part A2,
OTHERWISE go to question 10 to provide details
  1. Position (required)

Position
  1. Name (required)

Title / Mr / Mrs / Miss / Ms / Other
Given name
Middle name(s)
Family name
  1. Postal address (required)

Tick here if the postal address is the same as the head office postal address provided at question 3, and go to question 13,
OTHERWISE provide details below
Address
Suburb/City / State
Country / Postcode
  1. Contact details (required)

Phone number / Alternative phone number (optional)
Email address

A2.Contact person – controlling corporation is a foreign corporation

Please select the relevant statement below and then follow the instructions about which part of the form to complete next.

Tick here if the controlling corporation is NOT a foreign corporation and go to Part A3.
OR
Tick here if the controlling corporation is a foreign corporation, and details of an Australian contact were provided in questions 10–13 and go to Part A3.
OR
Tick here if the controlling corporation is a foreign corporation, and details of an Australian contact were not provided in questions 10–13, and provide details of an Australian contact below.
  1. Position (required)

Position
  1. Name (required)

Title / Mr / Mrs / Miss / Ms / Other
Given name
Middle name(s)
Family name
  1. Postal address (required)

Address
Suburb/City / State
Country / Postcode
  1. Contact details (required)

Phone number / Alternative phone number (optional)
Email address

This page is intentionally blank.

A3.Affected group entitydetails

Tick here if the controlling corporation is the only member of its group and go to Part B.

Please complete this section for each affected group entityof the controlling corporation’s corporate group during the financial year in which this application is made.

See page 18of this form for further information on determining affected group entityof the controlling corporation

If you have more than one affected group entity, please photocopy this section, complete and attach details for each.

  1. Name (required)

This is the name of the affected group entitythat appears on the Australian Business Register or the ASIC Register.

Name
  1. Trading name (required if any)

Trading name
(if any)
  1. Identifying details (required)

You must provide one of the following for the affected group entityin order of precedence: ABN, ACN, ARBN or trading name and street address

ABN

If the affected group entitydoes not have an ABN, please provide its ACN.

ACN

If the affected group entitydoes not have an ABN or an ACN, please provide its ARBN

ARBN

If the affected group entitydoes not have an ABN, ACN or an ARBN, please provide its trading name and street address:

Trading name
(if any)
Street address
Suburb/City / State
Country / Postcode

This page is intentionally blank

Part B:Eligibility

  1. Tick the box below to make the following statement (required)

The applicant:
  • is making this application for registration under section12 of the NGER Act, and
  • is a controlling corporation (as defined by section7 of the NGER Act),where
  • an executive officer of the corporation is satisfied that the corporation’s group has, or is likely to, meet one or more of the thresholds under section 13 of the NGER Act for a financial year (the trigger year).

  1. Tick the appropriate box below to indicate the financial year in relation to which the application is being made (you should only select one box) (required)

2008–09
2009–10
2010–11
2011–12
2012–13
2013–14
2014–15
2015–16
2016–17
2017-18

This page is intentionally blank.

Part C:Declaration (required)

This section must be signed by an executive officer of the controlling corporation.

  • The executive officer whose details were provided in Part A of this form, should sign the declaration.

By signing below, the signatory:

a)declares that the information supplied in this form is true and correct and that he/she is authorised to make this application on behalf of the controlling corporation named in the form; and

b)acknowledges that giving false or misleading information is a serious offence and carries penalties under the CriminalCodeAct1995.

Name of signatory
Title/Position
Organisation
Signature
Day (dd) / Month (mm) / Year (yyyy)
Signature date / (numbers only)

This page is intentionally blank.

Application checklist

Have you completed the following?

Part A1: Controlling corporation details
Part A2: Contact person - controlling corporation is a foreign corporation
Part A3: Affected group member details
Part B: Eligibility details
Part C: Declaration

This page is intentionally blank.

Additional information

Definitions

Definitions marked with an asterisk are definitions repeated from legislation.

For the purposes of this form:

affected group entity / means a member of a controlling corporation’s group that:
  • has operational control over a facility that causes the controlling corporation to trigger one or more of the thresholds under section 13 of the NGER Act, or
  • has a subsidiary that has operational control over a facility that causes the controlling corporation to trigger one or more of the thresholds under section 13 of the NGER Act.

controlling corporation / means a constitutional corporation that does not have a holding company incorporated in Australia (this should be the corporation that is making this application).
executive officer / means, in relation to a body corporate:
  • a director of the body corporate, or
  • the chief executive officer (however described) of the body corporate, or
  • the chief financial officer (however described) of the body corporate, or
  • the secretary of the body corporate.

NGER Act / means the National Greenhouse and Energy Reporting Act 2007.
NGER Regulations / means the National Greenhouse and Energy Reporting Regulations 2008.
trigger year / means the financial year in which the applicant first meets, or is likely to meet, one or more of the thresholds under section 13 of the NGER Act.

Assessment of the application

Once a complete application has been received, the Clean Energy Regulator will consider the application and the information provided in line with the provisions of the NGER Act. The Clean Energy Regulator will notify the controlling corporation in writing of the decision on the application.

If you have any questions concerning your application please contact the Clean Energy Regulator on 1300 553 542 or email .

Protection of information

The Clean Energy Regulator is bound by the secrecy provisions in Part 3 of the Clean Energy Regulator Act 2011 and by the Privacy Act 1988.

Privacy notice

'Personal information', as defined in the Privacy Act 1988[2], means any information from which a person’s identity is apparent or can be reasonably ascertained.

Personal information collected in relation to this application will be used for the purpose of assessing the application, auditing compliance, enforcement of relevant laws and regulations and for related purposes. The collection of personal information relating to this application is authorised by the National Greenhouse and Energy Reporting Act 2007 and the National Greenhouse and Energy Reporting Regulations 2008.

Disclosure of information

The Clean Energy Regulator and authorised staff are only able to disclose information relating to the affairs of a person (including personal information) collected in relation to this application in accordance with the Clean Energy Regulator Act 2011 or as otherwise required by law.

Part 3 of the Clean Energy Regulator Act 2011[3]prevents disclosure of relevant information except in circumstances set out in that Part. Those circumstances include:

  • disclosure for the purposes of a climate change law
  • disclosure to the Minister
  • disclosure of summaries or statistics if those summaries or statistics are not likely to enable the identification of a person
  • disclosure to certain bodies where the Chair of the Clean Energy Regulator is satisfied that disclosure will assist those bodies in the performance of their functions or powers, including the Australian Securities and Investment Commission, and the Australian Competition and Consumer Commission, and
  • disclosure for the purposes of enforcement of the criminal law, enforcement of a law imposing a pecuniary penalty or for protection of the public revenue, if the Chair of the Clean Energy Regulator is satisfied that disclosure is reasonably necessary for such purpose.

Accessibility disclaimer

The Clean Energy Regulator has worked to ensure that this document is accessible but please contact us to obtain an alternative version if you are having difficulty or you have specific accessibility needs. Please call 1300 553 542 or email the name of the form and your needs to .

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