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Draft Regulations: Eligible Emissions Units as Financial Products


Friday, 30 October 2009

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The Government has decided that eligible emissions units under the Carbon Pollution Reduction Scheme will be financial products for the purpose of the Corporations Act 2001 (the Corporations Act) and the Australian Securities and Investments Commission Act 2001 (ASIC Act). The Carbon Pollution Reduction Scheme legislative package has recently been reintroduced into the Parliament.

Treasury is consulting interested parties about adjustments to the financial product regime so that it fits the characteristics of eligible emissions units and does not involve unnecessary compliance costs. The draft regulations include the proposed adjustments to the financial product regime.

Making a submission

Interested parties are invited to comment on the draft regulations and explanatory material. While submissions may be lodged electronically, by post or by facsimile, electronic lodgment is preferred. For accessibility reasons, please submit responses sent via email in a Word or RTF format. An additional PDF version may also be submitted.

All information (including name and address details) contained in submissions will be made available to the public on the Treasury website unless you indicate that you would like all or part of your submission to remain in confidence. Automatically generated confidentiality statements in emails do not suffice for this purpose. Respondents who would like part of their submission to remain in confidence should provide this information marked as such in a separate attachment. A request made under the Freedom of Information Act 1982 (Commonwealth) for a submission marked 'confidential' to be made available will be determined in accordance with that Act.

Closing date for submissions: Friday, 13 November 2009

Address written submissions to:
Investor Protection Unit
Corporations and Financial Services Division
The Treasury
Langton Crescent

Email: emissionstrading@treasury.gov.au

For enquiries, please call Ruth Smith (02) 6263 3249 or, from 4 November, Cherie Parker (02) 6263 3063.

Documents Available:

Acrobat (PDF) documents

 Acrobat (PDF)

Draft amendments to the Corporations Regulations  73.66kb
Draft amendments to the ASIC Regulations  26.94kb
Commentary  54.33kb

Microsoft Word (RTF) documents

 Microsoft Word (RTF)

Draft amendments to the Corporations Regulations  475.37kb
Draft amendments to the ASIC Regulations  334.41kb
Commentary  149.27kb

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