Future Made in Australia (Guarantee of Origin) Bill 2024

The majority voted in favour of the government amendments moved by Fremantle MP Josh Wilson (Labor), which means they will now become part of the bill.

What do these amendments do?

Mr Wilson introduced a supplementary explanatory memorandum, which explains the purpose of the amendments.

Amendment text

(1) Clause 28, page 25 (lines 15 and 16), omit paragraph (2)(c), substitute:

(c) a location where the product enters a pipeline, or other infrastructure, that is part of a shared network and conveys the product;

(2) Clause 28, page 25 (after line 26), at the end of the clause, add:

(6) In making a determination under subsection (3) or (4), the Regulator:

(a) must have regard to:

(i) guidelines (if any) prescribed by the rules for determining a location to be a production gate or delivery gate; and

(ii) the matters (if any) prescribed by the rules; and

(b) may have regard to any other matter the Regulator considers relevant.

(3) Clause 29, page 27 (lines 15 and 16), omit subclause (9), substitute:

(9) In making a determination under this section, the Minister must have regard to:

(a) the objects of this Act; and

(b) the extent to which the determination was developed in accordance with the following objectives:

(i) to be transparent and complete, by representing an accurate accounting of all material greenhouse gas emissions for a product's supply chain without carbon offsetting using carbon credits;

(ii) to be consistent with other determinations made under this section and comparable with internationally agreed standards, taking into account domestic circumstances or requirements;

(iii) to be practical and minimise the regulatory burden on registered persons;

(iv) to be based on the latest available scientific evidence as aligned with international frameworks.

(4) Clause 38, page 34 (lines 5 to 12), omit paragraphs (2)(c) to (g), substitute:

(c) if the product is consumed at a single facility—the following information:

(i) the name and location of the facility;

(ii) whether the facility is connected to a pipeline, or other infrastructure, that is part of a shared network and conveys the product;

(iii) each person who owns or operates the facility or a part of the facility;

(iv) whether the facility is an NGER facility;

(v) whether the facility is a designated large facility;

(d) if the product is consumed at multiple facilities—a description of those facilities and their connection to:

(i) a pipeline, or other infrastructure, that is part of a shared network and conveys the product; and

(ii) the registered person who is, or is to be, the holder of the consumption profile;

(5) Clause 38, page 34 (lines 19 to 22), omit paragraphs (4)(b) and (c), substitute:

(b) if the profile specifies that the product is consumed at a single facility—the following information:

(i) the name and address of each person who owns all or part of the facility;

(ii) the name and address of each person who operates all or part of the facility; and

(6) Clause 41, page 35 (lines 12 to 19), omit subclause (2), substitute:

(2) The Regulator must not register the profile unless:

(a) if the profile specifies that the product is consumed at a single facility—the Regulator is satisfied that:

(i) either subsection (3) or (4) applies to the facility; and

(ii) if the facility is connected to a pipeline, or other infrastructure, that is part of a shared network and conveys the product—the product could reasonably pass through the pipeline or other infrastructure to the facility; or

(b) if the profile specifies that the product is consumed at multiple facilities—the Regulator is satisfied that:

(i) the product could reasonably pass to those facilities through the pipeline or other infrastructure specified in the profile; and

(ii) it would not be practicable for the registered person to create a consumption profile in respect of each of those facilities.

(7) Clause 41, page 35 (line 20), omit "the facility specified in the profile", substitute "a facility".

(8) Clause 41, page 35 (line 30), omit "the facility specified in the profile", substitute "a facility".

(9) Clause 52, page 43 (lines 1 to 4), omit the clause.

(10) Page 46 (after line 12), at the end of Subdivision A, add:

56A Request for further information

(1) If a person makes a request under section 56 (registration of certificates), the Regulator may, by notice in writing, require the person to give the Regulator, within the period specified in the notice, such further information in relation to the request as the Regulator requires.

(2) The Regulator is not required to decide the request, and may cease considering the request, if the person does not provide the required information within the period specified in the notice.

56B Withdrawal of request for registration of certificates

(1) A person who makes a request under section 56 (registration of certificates) may withdraw the request, in writing, at any time before the Regulator decides the request.

(2) If the person withdraws the request, the Regulator must cease considering the request.

(11) Clause 59, page 48 (lines 1 and 2), omit paragraph (2)(b), substitute:

(b) if the consumption profile specifies that the product is consumed at a single facility—the name and location of the facility;

(ba) if the consumption profile specifies that the product is consumed at multiple facilities—a description of those facilities;

(12) Clause 59, page 48 (lines 11 to 21), omit subclauses (5) and (6), substitute:

(5) If the consumption profile specifies that the product is consumed at a single facility, the Regulator may refuse to add the information if the Regulator is not satisfied that:

(a) if the facility is connected to a pipeline, or other infrastructure, that is part of a shared network and conveys the product—the batch of the product was consumed at the facility or another facility connected to the pipeline or other infrastructure; or

(b) otherwise—the batch of the product was consumed at the facility.

(13) Clause 59, page 48 (line 25), after "consumption profile", insert "directly or indirectly".

(14) Page 49 (after line 3), at the end of Subdivision B, add:

59A Request for further information

(1) If a person makes a request under section 59 (addition of consumption information), the Regulator may, by notice in writing, require the person to give the Regulator, within the period specified in the notice, such further information in relation to the request as the Regulator requires.

(2) The Regulator is not required to decide the request, and may cease considering the request, if the person does not provide the required information within the period specified in the notice.

59B Withdrawal of request for addition of consumption information

(1) A person who makes a request under section 59 (addition of consumption information) may withdraw the request, in writing, at any time before the Regulator decides the request.

(2) If the person withdraws the request, the Regulator must cease considering the request.

(15) Clause 75, page 61 (line 2), omit "in respect of electricity generated by", substitute "in relation to".

(16) Clause 79, page 63 (lines 20 to 29), omit paragraph (2)(e), substitute:

(e) for each of the components that make up the facility:

(i) the registered person owns the component alone; or

(ii) the registered person owns the component together with one or more other persons and a written agreement is in force between the registered person and each of those persons to the effect that the registered person may apply to register the facility and create REGO certificates relating to electricity generated by the facility; or

(iii) the registered person operates the component, either alone or together with another person, and a written agreement is in force between the registered person and each owner of the component to the effect that the registered person may apply to register the facility and create REGO certificates relating to electricity generated by the facility; and

(17) Clause 80, page 65 (lines 9 to 18), omit paragraph (2)(d), substitute:

(d) for each of the components that make up the facility:

(i) the registered person owns the component alone; or

(ii) the registered person owns the component together with one or more other persons and a written agreement is in force between the registered person and each of those persons to the effect that the registered person may apply to register the facility and create REGO certificates relating to electricity dispatched by the facility; or

(iii) the registered person operates the component, either alone or together with another person, and a written agreement is in force between the registered person and each owner of the component to the effect that the registered person may apply to register the facility and create REGO certificates relating to electricity dispatched by the facility; and

(18) Clause 81, page 66 (line 24), omit "in respect of electricity generated by", substitute "in relation to".

(19) Clause 81, page 67 (lines 12 to 21), omit paragraph (4)(e), substitute:

(e) for each of the components that make up the facility:

(i) the registered person owns the component alone; or

(ii) the registered person owns the component together with one or more other persons and a written agreement is in force between the registered person and each of those persons to the effect that the registered person may apply to register the facility and create REGO certificates relating to electricity generated or dispatched by the facility; or

(iii) the registered person operates the component, either alone or together with another person, and a written agreement is in force between the registered person and each owner of the component to the effect that the registered person may apply to register the facility and create REGO certificates relating to electricity generated or dispatched by the facility; or

(iv) the registered person neither owns nor operates the component, but a written agreement is in force between the registered person and each owner of the component, and each operator of the component, to the effect that the registered person may apply to register the facility and create REGO certificates relating to electricity generated or dispatched by the facility; and

(20) Clause 91, page 74 (line 19), omit "from the amount", substitute "in relation to the amount".

(21) Clause 93, page 76 (line 19), at the end of subclause (1), add:

; or (c) the certificate is covered by the rules.

(22) Clause 94, page 77 (lines 23 to 27), omit subclause (3).

(23) Clause 104, page 83 (lines 17 and 18), omit "an amount of electricity (the relevant amount) that is".

(24) Clause 104, page 84 (line 11) to page 85 (line 2), omit subclause (6), substitute:

Energy storage systems

(6) If the registered renewable electricity facility is an energy storage system, the Regulator must not register the certificates unless:

(a) there is a direct supply relationship between the energy storage system and an electricity generation system, and that direct supply relationship is covered by the rules; or

(b) the total number of the following is equal to the number worked out, in accordance with a formula or method prescribed by the rules, in relation to the number of megawatt hours of renewable electricity represented by the certificates:

(i) a number of megawatt hours of renewable electricity that is represented by REGO certificates retired by the Regulator for the purposes of the application at the request of the eligible registered person;

(ii) a number of large-scale generation certificates surrendered by the eligible registered person for the purposes of the application;

(iii) a number of megawatt hours of renewable electricity that is worked out, in accordance with a formula or method prescribed by the rules, in relation to the amount of electricity that has been transferred to the facility from an electricity generation system with which the facility has a direct supply relationship.

(25) Clause 104, page 85 (lines 17 and 18), omit "paragraph (6)(b) or (c), or subparagraph (6)(d)(iii),", substitute "a provision of subsection (6)".