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Disclaimer, disclosure and privacy

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21 November 2016

Contents

Disclaimer

The information in the NGER area of this website, including downloadable documents and tools, should be considered in conjunction with the Clean Energy Act 2011 (as preserved by the Clean Energy Legislation (Carbon Tax Repeal) Act 2014), the National Greenhouse and Energy Reporting (NGER) Act 2007, the NGER Regulations 2008 and the NGER (Measurement) Determination 2008 (current versions can be found on the Comlaw website). Changes to the legislation may affect this information and it is not intended to comprehensively deal with its subject area or to provide legal advice. Entities are responsible for determining their obligations under the law and for applying the law to their individual circumstances. Entities should seek independent professional advice if they have any concerns.

What NGER data may be disclosed

Under the National Greenhouse and Energy Reporting Act 2007 (NGER Act) and the National Greenhouse and Energy Regulations 2008 (the NGER Regulations), the Clean Energy Regulator and authorised staff have the authority to collect information, which may include personal information as defined by the Privacy Act 1988 (Cth) (Privacy Act).

One of the objectives of the NGER Act is to inform the public about greenhouse gas emissions and energy flows by corporations in Australia.

To facilitate this, the Clean Energy Regulator discloses information:

  • by publishing totals of greenhouse gas emissions and energy consumption that have been reported by certain registered corporations, as specified under the NGER Act
  • to meet Australia's international reporting obligations
  • to assist Commonwealth, state and territory government programs and activities, and
  • to avoid the duplication of similar reporting requirements in the states and territories.

What are our obligations

The Clean Energy Regulator has obligations to reporters and other stakeholders regarding any advice and legislated data and other information it receives from you. This includes protection of information including personal information.

Protection of information

The Clean Energy Regulator is bound by the secrecy provisions of Part 3 of the Clean Energy Regulator Act 2011 (CER Act) in regard to information it collects and also by the Privacy Act 1988 in regard to personal information it collects.

Privacy notice

Personal information

Under the NGER Act and the NGER Regulations, the Clean Energy Regulator and authorised staff have the authority to collect information which may include personal information as defined by the Privacy Act 1988 (Cth) (Privacy Act).

'Personal information' is defined in the Privacy Act to mean information or an opinion about an identified individual, or an individual who is reasonably identifiable:

  1. whether the information or opinion is true or not, and
  2. whether the information or opinion is recorded in a material form or not.

Personal information collected will be used for the purposes of the NGER Act, auditing compliance, enforcement of relevant laws, the performance of our statutory functions and for related purposes. We will also use the personal information which you provide for our administrative purposes and for improving our service delivery to you.

The Clean Energy Regulator's Privacy Policy contains information about the agency's procedures for handling personal information including how a person can access their personal information held by the agency, and how to seek correction of such information. The Privacy Policy also contains information about how to complain about a breach of the Australian Privacy Principles. The Clean Energy Regulator's Privacy Policy can be found on our website.

Disclosure of personal information


The Clean Energy Regulator is bound by the secrecy provisions of Part 3 of the Clean Energy Regulator Act 2011 (CER Act) and by the Privacy Act in regard to personal information it collects.

The Clean Energy Regulator is only able to disclose personal information it collects under the NGER Act in accordance with the CER Act, the NGER Act, the Privacy Act or as otherwise required by law.

The circumstances in which such information may be disclosed include:

  • disclosure to the Secretary or an authorised officer of a Department for the purpose of administering a program or collecting statistics relating to greenhouse gas emissions, energy consumption or energy production
  • disclosure to certain agencies, bodies or persons where the Regulator is satisfied that disclosure will enable or assist those agencies, bodies or persons to perform or exercise their functions or powers, including the Australian Securities and Investments Commission, the Australian Competition and Consumer Commission and the Commissioner of Taxation
  • disclosure for the purposes of a climate change law or for the purposes of the performance of our functions under a climate change law.
  • disclosure for the purposes of law enforcement, and
  • disclosure to States and Territories in accordance with the NGER Act.

Any questions regarding the privacy of personal information collected under the NGER Act should be directed to:

Clean Energy Regulator Privacy Contact Officer
Clean Energy Regulator
GPO Box 621
CANBERRA ACT 2601

Phone: 02 6159 3556

Email: CER–Privacy@cleanenergyregulator.gov.au

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