The Clean Energy Regulator is an independent statutory authority responsible for administering a number of climate change laws, including:
These laws underpin our compliance and enforcement approach and provide us with a range of monitoring and enforcement powers.
Compliance and enforcement approach
The Clean Energy Regulator encourages scheme participants to voluntarily comply with legislative requirements. Our approach is outlined in the compliance, education and enforcement policy and is based on the following considerations:
- assisting scheme participants to understand their rights and obligations through education and training programs
- supporting those who want to do the right thing and, where appropriate, incorporating feedback into enhancement of systems and processes
- exercising monitoring and enforcement powers independently in the public interest with integrity and professionalism
- ensuring that decision-making takes place within rigorous corporate governance processes
- actively pursue scheme participants who opportunistically or deliberately contravene the law
- ensuring regulatory responses are proportionate to the risks posed by any
non-compliance and take into account the conduct of scheme participants, including their compliance history, and
- ensuring the investigative process and the resolution of enforcement matters is conducted as efficiently as possible.
Refer to the compliance, education and enforcement policy for more information about our compliance and enforcement approach.
We work in close partnership with other agencies that have regulatory responsibilities under climate change and other legislation. This includes sharing of relevant information, intelligence gathering, and referring matters for law enforcement.
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Monitoring and enforcement powers
The Clean Energy Regulator monitors compliance with climate change laws to determine compliance levels, identify possible non-compliance and assess the education or enforcement action that may be required. We do this by gathering information, conducting independent audits and undertaking inspections. We also hold enforcement powers which include:
- power to suspend or revoke various permissions
- accept enforceable undertakings from a regulated entity
- issue infringement notices, or
- pursue legal action for breaches of civil penalty provisions.
Criminal sanctions also apply for persons or organisations found to have breached offence provisions contained in laws we administer, or is found to have engaged in dishonest or fraudulent conduct in connection with schemes established by those laws.
The Regulator combines the functions of the former Greenhouse Energy Data Officer, Renewable Energy Regulator and Carbon Farming Initiative Administrator. Transitional arrangements allow enforcement activities commenced under the former arrangements to continue under the Regulator.
Refer to the compliance, education and enforcement policy for more information about monitoring and compliance powers.
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Fraud is a significant threat to the integrity of the schemes administered by the Clean Energy Regulator and to the credibility of the markets that we operate.
We are committed to minimising the incidence of fraud by identifying fraud risk and developing, implementing and continually reviewing fraud control measures. Refer to the Clean Energy Regulator fraud statement for more information on our approach to fraud.
Fraud is defined as 'dishonestly obtaining a benefit, or causing a loss, by deception or other means'. Examples of fraudulent activity or behaviour may be:
- accounting fraud (creating false invoices, misappropriation of funds, misuse of corporate credit cards and cab charge cards or vouchers)
- avoiding liability
- providing false or misleading information to the Clean Energy Regulator
- dishonestly influencing a Commonwealth public official, or
- making a false entry in a Registry.
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