Electricity Feed-in (Renewable Energy Premium) Act 2008 (ACT)

Electricity Feed-in (Renewable Energy Premium) Act 2008   

A2008-21

Republication No 15

Effective:  6 August 2020

Republication date: 6 August 2020

Last amendment made by A2020‑37

About this republication

The republished law

This is a republication of the Electricity Feed-in (Renewable Energy Premium) Act 2008 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 6 August 2020.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 6 August 2020. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication includes amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

Electricity Feed-in (Renewable Energy Premium) Act 2008

Contents

Page

Part 1      Preliminary

1            Name of Act  2

4            Dictionary  2

5            Notes  2

5AA Offences against Act—application of Criminal Code etc 3

Part 1A    Objects and important concepts

5A          Objects of Act  4

5B          Meaning of renewable energy generator and renewable energy source     4

5C          Meaning of capacity  5

5D          Meaning of medium renewable energy generator and micro renewable energy generator       5

5E          Meaning of compliant  6

5F          Meaning of eligible entity  7

Part 2      Renewable energy—supply to electricity network

6            Feed-in from renewable energy generators to electricity network          11

6A          What is the normal cost of electricity?  12

7           Utility service  12

8            Payment for electricity from renewable energy generators                  12

8A          Recovery of cost of renewable energy premium  14

9            Determination of percentages  14

Part 3      Renewable energy premium—determination of rate

10          Determination of premium rate  15

11          Premium rate—20 years  16

Part 3A    Reporting

11A           Report by Minister  19

11B           Electricity distributors to give information to Minister  19

11C           Audit of information given to Minister  21

Part 3B     Passing on reasonable administration costs

11D           Electricity distributors may pass on reasonable administration costs       22

11E           Maximum amount of administration costs—application for determination  22

11F           Maximum amount of administration costs—determination                   23

Part 4      Miscellaneous

12          Regulation-making power  25

13          Review of operation of Act  25

Dictionary26

Endnotes

1            About the endnotes  28

2            Abbreviation key  28

3            Legislation history  29

4            Amendment history  32

5            Earlier republications  35

6            Expired transitional or validating provisions  36

Electricity Feed-in (Renewable Energy Premium) Act 2008

An Act about the supply of electricity from solar and other renewable energy sources to electricity distributors, and for other purposes

Part 1Preliminary

1. Name of Act

   This Act is the Electricity Feed-in (Renewable Energy Premium) Act 2008.

2. Dictionary

   The dictionary at the end of this Act is part of this Act.

   Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

   For example, the signpost definition ‘electricity distributor—see the Utilities Act 2000, dictionary.’ means that the term ‘electricity distributor’ is defined in that dictionary and the definition applies to this Act.

   Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3. Notes

   A note included in this Act is explanatory and is not part of this Act.

   NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

5AAOffences against Act—application of Criminal Code etc

Other legislation applies in relation to offences against this Act.

Note 1Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 1AObjects and important concepts

5AObjects of Act

The objects of this Act are to—

(a)promote the generation of electricity from renewable energy sources; and

(b)reduce the ACT’s contribution to human-induced climate change; and

(c)diversify the ACT energy supply; and

(d)reduce the ACT’s vulnerability to long-term price volatility in relation to fossil fuels.

5BMeaning of renewable energy generator and renewable energy source

(1)In this Act:

renewable energy generator—

(a)means an energy generator that generates electricity from a renewable energy source; and

(b)includes—

(i)a micro renewable energy generator; and

(ii)a medium renewable energy generator; but

(c)does not include a device that is capable of storing energy that is not generated from a compliant renewable energy generator under paragraph (b).

renewable energy source means any of the following:

(a)solar;

(b)wind;

(c)any other source determined by the Minister.

(2)A determination is a disallowable instrument.

NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

5CMeaning of capacity

(1)In this Act:

capacity, of a renewable energy generator, means—

(a)if the generator is a solar photovoltaic generator—the rated power output of the panels of the generator; or

(b)if the Minister determines a method for measuring the capacity of a generator under subsection (2)—the capacity measured by the determined method.

(2)The Minister may determine the method for measuring the capacity of renewable energy generators.

NotePower to make a statutory instrument (including a regulation) includes power to make different provision for different categories (see Legislation Act, s 48).

(3)A determination is a disallowable instrument.

NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

5DMeaning of medium renewable energy generator and micro renewable energy generator

In this Act:

medium renewable energy generator means a renewable energy generator that has a total capacity more than 30kW but not more than 200kW.

micro renewable energy generator means a renewable energy generator that has a total capacity not more than 30kW.

5EMeaning of compliant

(1)For this Act, a renewable  energy generator is compliant if—

(a)the generator is installed on premises in the ACT; and

(b)when connected to the electricity distributor’s network, it complies with the service and installation rules; and

(c)the total capacity of the generator, or the total capacity of all renewable energy generators installed on the premises, is not more than—

(i)200kW; or

(ii)if the Minister determines another capacity under subsection (2)—the applicable determined capacity; and

(d)if the generator is a micro or medium renewable energy generator—the generator is connected to the electricity distributor’s network before the total capacity of all micro and medium renewable energy generators connected to the network reaches—

(i)30MW; or

(ii)if the Minister determines another capacity under subsection (3)—the determined capacity; and

(e)if the generator is a micro renewable energy generator—the distributor received the application for the connection of the generator by 29 July 2011; and

(f)if the generator is a medium renewable energy generator—the distributor received the application for the connection of the generator by 13 July 2011; and

(g)the generator is installed on premises and connected to the electricity distributor’s network before 31 December 2016.

(2)The Minister may determine a total capacity for the following:

(a)micro renewable energy generators installed on premises;

(b)medium renewable energy generators installed on premises;

(c)all renewable energy generators installed on premises.

(3)The Minister may determine the total capacity for all micro and medium renewable energy generators connected to the electricity distributor’s network.

(4)A determination is a disallowable instrument.

NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

(5)In this section:

service and installation rules means the service and installation rules for connection to the electricity distribution network, as in force from time to time, made under a technical code, as in force from time to time, made under the Utilities (Technical Regulation) Act 2014.

NoteTechnical codes made under the Utilities (Technical Regulation) Act 2014 are accessible at The service and installation rules are accessible at of eligible entity

(1)In this Act:

eligible entity—

(a)means—

(i)if an incorporated association owns the premises on which a compliant renewable energy generator is installed—the incorporated association; or

(ii)if a co‑operative owns the premises on which a compliant renewable energy generator is installed—the co‑operative; or

(iii)if a person owns commercial or retail premises on which a compliant renewable energy generator is installed—the person; or

(iv)if a person (the lessee) leases premises, or a part of premises, to install or operate a compliant renewable energy generator—the lessee; or

(v)in any other case—the occupier of premises on which a compliant renewable energy generator is installed; but

(b)does not include—

(i)a territory agency; or

(ii)a territory-owned corporation; or

(iii)the Commonwealth or a Commonwealth authority; or

(iv)an entity determined by the Minister. 

(2)A determination is a disallowable instrument.

NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

(3)In this section:

commercial premises—see the Leases (Commercial and Retail) Act 2001, section 7 (1).

Commonwealth authority means any of the following (other than an educational institution):

(a)a corporation established for a public purpose under a Commonwealth Act;

(b)a company in which a controlling interest is held by any 1 of the following, or by 2 or more of the following together:

(i)the Commonwealth;

(ii)a corporation mentioned in paragraph (a);

(iii)an entity mentioned in subparagraph (i) or (ii).

co‑operative—see the Co‑operatives National Law (ACT), section 4.

educational institution means—

(a)a government school or school-related institution established under the Education Act 2004, section 20; or

(b)a registered higher education provider under the National Vocational Education and Training Regulator Act 2011 (Cwlth).

incorporated association means an association incorporated under the Associations Incorporation Act 1991 or a law of another jurisdiction corresponding, or substantially corresponding, to that Act.

occupier, of premises, means the person to whom electricity for the premises is supplied by a NERL retailer.

retail premises—see the Leases (Commercial and Retail) Act 2001, section 7 (2).

territory agency means any of the following (other than an educational institution):

(a)the Territory;

(b)a territory instrumentality, and any other corporation established for a public purpose under a territory law;

(c)a company in which a controlling interest is held by any 1 of the following, or by 2 or more of the following together:

(i)the Territory;

(ii)a Minister;

(iii)a corporation mentioned in paragraph (b);

(iv)an entity mentioned in subparagraphs (i) to (iii).

Part 2Renewable energy—supply to electricity network

1. Feed-in from renewable energy generators to electricity network

   (1)This section applies to—

   (a)an electricity distributor licensed to distribute electricity through an electricity network; and

   (b)a NERL retailer authorised to supply electricity from the electricity network.

   (2)It is a condition of the electricity distributor’s licence that the distributor must, on application by an eligible entity—

   (a)connect a renewable energy generator to the distributor’s network to enable electricity generated by the generator to be supplied to the network; and

   (b)reimburse the NERL retailer that supplies electricity to the eligible entity’s premises the difference between—

   (i)the amount payable under subsection (3) for electricity generated by the generator to be supplied to the network; and

   (ii)the normal cost of that electricity; and

   (c)pass on to the eligible entity the additional metering costs in relation to electricity generated by the generator.

   (3)The NERL retailer must, on application by an eligible entity, pay the eligible entity, in accordance with section 8, for the total amount of electricity generated by the renewable energy generator on or after the day the application is made.

6AWhat is the normal cost of electricity?

(1)The Minister may determine an amount to be the normal cost of electricity in relation to a period.

(2)A determination is a notifiable instrument.

NoteA notifiable instrument must be notified under the Legislation Act.

(3)The Minister may make guidelines for a determination under this section.

(4)A guideline is a disallowable instrument.

NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

1. Utility service

   The action required by a distributor under section 6 (2) is a utility service for the Utilities Act 2000.

   NoteThe action required by a NERL retailer under s 6 (3) is a utility service for the Utilities Act 2000, pt 4 (Industry codes) (see that Act, s 75B).

2. Payment for electricity from renewable energy generators

   (1)For section 6 (3), payment must be at the following rate:

   (a)for electricity generated by a micro renewable energy generator—

   (i)if an eligible entity entered into a contract for the installation of the generator before 1 June 2011—

   (A)100% of the premium rate; or

   (B)if a lower percentage is determined under section 9 for this paragraph—that percentage of the premium rate; or

   (ii)if an eligible entity entered into a contract for the installation of the generator on or after 1 June 2011—

   (A)66% of the premium rate; or

   (B)if a lower percentage is determined under section 9 for this paragraph—that percentage of the premium rate;

   (b)for electricity generated by a medium renewable energy generator—

   (i)if an eligible entity entered into a contract for the installation of the generator before the relevant date—

   (A)75% of the premium rate; or

   (B)if a lower percentage is determined under section 9 for this paragraph—that percentage of the premium rate; or

   (ii)if an eligible entity entered into a contract for the installation of the generator on or after the relevant date—

   (A)66% of the premium rate; or

   (B)if a lower percentage is determined under section 9 for this paragraph—that percentage of the premium rate.

   (2)Payment must be made to the eligible entity quarterly in arrears for the total amount of electricity generated by the generator.

   (3)In this section:

   relevant date means the day the Electricity Feed-in (Renewable Energy Premium) Amendment Act 2011 (No 2) commenced.

8ARecovery of cost of renewable energy premium

(1)This section applies if a NERL retailer imposes a recovery of costs on electricity consumers to recover the cost of a renewable energy premium payable to an eligible entity under this Act.

(2)The recovery of costs must be imposed on an electricity consumer in a way that is in proportion to the amount of electricity used by the consumer.

1. Determination of percentages

   (1)The Minister may determine percentages for section 8 (Payment for electricity from renewable energy generators).

   (2)A determination is a disallowable instrument.

   NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Part 3Renewable energy premium—determination of rate

1. Determination of premium rate

   (1)The Minister must determine the premium rate for amounts payable by a NERL retailer under section 6 (Feed-in from renewable energy generators to electricity network) for compliant renewable energy generators.

   (2)A determination is a disallowable instrument.

   NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

   (3)In making a determination, the Minister—

   (a)must seek the advice of the Independent Competition and Regulatory Commission to assist the Minister to determine the premium rate; and

   (b)must give priority to the following:

   (i)the desirability of costs under this Act impacting equitably on all electricity users;

   (ii)the need to encourage the generation of electricity from renewable sources;

   (iii)the need to reduce emissions from greenhouse gases;

   (iv)the need to reduce the likely effects of climate change;

   (v)the desirability of eligible entities being able to recoup investment on renewable energy generators within a reasonable time; and

   (c)must have regard to the following:

   (i)the amounts payable under this Act by an electricity distributor;

   (ii)the amounts payable under this Act by a NERL retailer;

   (iii)any additional metering costs passed on to an eligible entity because of section 6 (2) (c);

   (iv)any advice received from the Independent Competition and Regulatory Commission in response to a request under paragraph (a);

   (v)anything else the Minister considers relevant.

   (4)If the Minister receives any advice requested under subsection (3) (a), the Minister must—

   (a)present a copy of the advice to the Legislative Assembly within 3 sitting days after receiving the advice; and

   (b)give a copy of the advice to each member of the Legislative Assembly—

   (i)at least 14 days before the Minister makes the determination; but

   (ii)within 30 days after receiving the advice.

1. Premium rate—20 years

   (1)The premium rate for the financial year in which a renewable energy generator is connected to a distributor’s network applies, if the generator remains connected to the network, in relation to electricity generated by the generator during the 20 years after the date of the connection.

   (2)For subsection (1), a generator is taken to remain connected to the network—

   (a)during any temporary interruption to the connection for repair or maintenance work or relocation of the connection or generator at the same premises; or

   (b)if the generator is transferred with the premises to another person who is an eligible entity in relation to the premises; or

   (c)if the generator is transferred to other premises in relation to which the eligible entity is also an eligible entity.

   (3)For subsection (1), a micro renewable energy generator (the old generator) is taken to remain connected to the network if—

   (a)the old generator was or is installed on premises that are, or are on the same parcel of land as, affected residential premises or eligible impacted property; and

   (b)the affected residential premises or eligible impacted property have been or are to be demolished; and

   (c)the eligible entity for the affected residential premises or eligible impacted property becomes an eligible entity in relation to other premises (the new premises); and

   (d)a micro renewable energy generator (the new generator) is installed on the new premises; and

   (e)the total capacity of the new generator is not greater than the total capacity of the old generator when the old generator was first connected to the network; and

   (f)the new generator is connected to the network.

   (4)In this section:

   affected residential premises means premises, or a part of premises—

   (a)that—

   (i)are a class 1 or class 2 building; and

   (ii)contain or have contained loose-fill asbestos insulation; or

   (b)that are included in the affected residential premises register.

   affected residential premises register—see the Dangerous Substances Act 2004, section 47P (1).

   class, of building—see the Building Act 2004, dictionary.

   eligible impacted property—see the Civil Law (Sale of Residential Property) Act 2003, section 9A (1).

   loose-fill asbestos insulation—see the Dangerous Substances Act 2004, section 47I.

Part 3AReporting

11AReport by Minister

The Minister must, within 6 months after the end of each financial year, publish on an appropriate government website a report about the following:

(a)the number of compliant renewable energy generators installed on premises in the ACT;

(b)the total capacity of compliant renewable energy generators installed on premises in the ACT;

(c)the costs under this Act on electricity users.

11BElectricity distributors to give information to Minister

(1)The Minister must determine the information required to prepare a report under section 11A (the required information).

(2)A determination is a disallowable instrument.

NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

(3)Each of the following entities (a reporting entity) must give the Minister the required information:

(a)an electricity distributor;

(b)a NERL retailer.

(4)If requested in writing, a reporting entity must, within 10 working days after receiving the request, give the Minister any other information the Minister reasonably requires to ensure the accuracy of the required information.

Examples—other information

1     information about how the required information is recorded

2     information about how the reporting entity ensures the accuracy of the required information

3     information about the experience and training of staff responsible for recording and reporting on the required information

(5)A reporting entity commits an offence if the entity—

(a)is required to give the Minister information under subsection (3) or (4); and

(b)fails to give the Minister the information in accordance with this section.

Maximum penalty:  30 penalty units.

(6)A reporting entity commits an offence if—

(a)the entity gives the Minister information required under subsection (3) or (4); and

(b)the information is false or misleading in a material particular; and

(c)the entity—

(i)knows that the information is false or misleading; or

(ii)is reckless about whether the information is false or misleading.

Maximum penalty:  30 penalty units.

11CAudit of information given to Minister

(1)The Minister may require a reporting entity to undertake an audit of the information provided by the reporting entity under section 11B, if the Minister believes on reasonable grounds—

(a)the information is false, misleading or incomplete; or

(b)there is a risk that the information is false, misleading or incomplete.

(2)The audit must be—

(a)completed within 3 months after the day it is required to be undertaken; and

(b)paid for by the reporting entity; and

(c)undertaken by—

(i)an auditor appointed by the Minister; or

(ii)if the Minister decides not to appoint an auditor—an auditor that is independent of the reporting entity; and

(d)undertaken in accordance with requirements determined by the Minister.

(3)A determination is a disallowable instrument.

NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

(4)A reporting entity commits an offence if—

(a)the Minister requires the entity to undertake an audit under subsection (1); and

(b)the entity fails to undertake the audit in accordance with this section.

Maximum penalty:  400 penalty units.

Part 3BPassing on reasonable administration costs

11DElectricity distributors may pass on reasonable administration costs

(1)For a financial year, an electricity distributor may pass on its administration costs to an eligible entity up to the maximum amount for the financial year.

(2)In this section:

administration costs, of an electricity distributor, means the administration costs reasonably incurred by the distributor in meeting its obligations under this Act.

maximum amount means the amount determined under section 11F.

11EMaximum amount of administration costs—application for determination

(1)An electricity distributor may apply to the Minister for a determination of the maximum amount of administration costs the distributor may pass on under section 11D for a financial year (the relevant financial year).

(2)The application must be made no later than 6 months before the beginning of the relevant financial year.

(3)The application must include—

(a)for the financial year immediately before the relevant financial year—the total amount of administration costs—

(i)incurred by the electricity distributor in that financial year; and

(ii)recovered by the electricity distributor from eligible entities under section 11D in that financial year; and

(b)the estimated administration costs of the electricity distributor for the relevant financial year.

(4)If the application does not contain sufficient information for the Minister to make a decision, the Minister may, within 1 month after the day the Minister receives the application, require the electricity distributor to provide further information.

(5)The electricity distributor must provide the information to the Minister within 10 working days after the day the information is requested.

11FMaximum amount of administration costs—determination

(1)This section applies if an electricity distributor makes an application under section 11E for a financial year.

(2)The Minister must determine the maximum amount that the electricity distributor may pass on to an eligible entity for the financial year no later than 2 months after the day the Minister receives the application.

(3)In making a determination, the Minister must—

(a)consider the information provided by the electricity distributor under section 11E; and

(b)ensure that the electricity distributor, eligible entities and ACT electricity consumers are not unreasonably financially disadvantaged by the determination.

(4)The Minister may determine the maximum amount for the financial year to be—

(a)the amount mentioned in section 11E (3) (b); or

(b)another amount.

(5)If the Minister does not make a determination within the required period under subsection (2), the maximum amount that the electricity distributor may pass on to an eligible entity for the financial year is taken to be the amount mentioned in section 11E (3) (b).

(6)A determination under subsection (2) is a disallowable instrument.

NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Part 4Miscellaneous

1. Regulation-making power

   (1)The Executive may make regulations for this Act.

   NoteRegulations must be notified, and presented to the Legislative Assembly, under the Legislation Act.

   (2)A regulation may make provision in relation to notices to be placed at premises where a renewable energy generator is located.

   (3)A regulation may create offences and fix maximum penalties of not more than 30 penalty units for the offences.

2. Review of operation of Act

   (1)The Minister must review the operation of this Act at least once every 5 years (a review period) after the day this Act commences.

   (2)The review must include a consideration of the impact of costs under this Act on electricity users and, in particular, whether the impacts are equitable.

   (3)The Minister must present a copy of the report of the review for a review period to the Legislative Assembly not later than 6 months after the end of the review period.

Dictionary

(see s 4)

Note 1The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

·     disallowable instrument (see s 9)

·     Executive

·     Minister (see s 162)

·     National Electricity (ACT) Law

·     National Energy Retail Law (ACT)

·     quarter

·     regulation

·     under.

additional metering costs, in relation to electricity generated by a renewable energy generator connected to an electricity network, means metering costs associated with the electricity that are in addition to metering costs for which the distributor is responsible under the rules under the National Electricity (ACT) Law.

capacity, of a renewable energy generator—see section 5C.

compliant—see section 5E.

electricity distributor—see the Utilities Act 2000, dictionary.

electricity network—see the Utilities Act 2000, section 7.

eligible entity—see section 5F (1).

medium renewable energy generator—see section 5D.

micro renewable energy generator—see section 5D.

NERL retailer means a person who holds a retailer authorisation under the National Energy Retail Law (ACT).

normal cost of electricity—see section 6A.

premium rate, for electricity supplied from a renewable energy generator to an electricity distributor’s network, means the premium rate determined under section 10 for the first financial year in which both—

(a)the generator is connected to the network to enable electricity generated by the generator to be supplied to the network; and

(b)the eligible entity for the generator makes the application for payment mentioned in section 6 (3).

renewable energy generator—see section 5B.

renewable energy source—see section 5B.

reporting entity—see section 11B (3).

required information—see section 11B (1).

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

1. Legislation history

   Electricity Feed-in (Renewable Energy Premium) Act 2008 A2008-21

   notified LR 9 July 2008
   s 1, s 2 commenced 9 July 2008 (LA s 75 (1))
   remainder commenced 1 March 2009 (s 2 and CN2009-5)

   as amended by

   Electricity Feed-in (Renewable Energy Premium) Amendment Act 2009 A2009-8

   notified LR 2 March 2009
   s 1, s 2 taken to have commenced 1 March 2009 (LA s 75 (2))
   remainder taken to have commenced 1 March 2009 (s 2 and see A2008-21)

   Electricity Feed-in (Renewable Energy Premium) Amendment Act 2011 A2011-6

   notified LR 24 February 2011
   s 1, s 2 commenced 24 February 2011 (LA s 75 (1))
   remainder commenced 7 March 2011 (s 2 and CN2011-3)

   Electricity Feed-in (Renewable Energy Premium) Amendment Act 2011 (No 2) A2011-25

   notified LR 11 July 2011
   s 1, s 2 commenced 11 July 2011 (LA s 75 (1))
   remainder commenced 12 July 2011 (s 2)

   Statute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.21

   notified LR 28 November 2011
   s 1, s 2 commenced 28 November 2011 (LA s 75 (1))

   sch 3 pt 3.21 commenced 12 December 2011 (s 2)

   National Energy Retail Law (Consequential Amendments) Act 2012 A2012-32 pt 3

   notified LR 14 June 2012
   s 1, s 2 commenced 14 June 2012 (LA s 75 (1))

   pt 3 commenced 1 July 2012 (s 2 (1) and see National Energy Retail Law (ACT) Act 2012 A2012-31, s 2 (1) and CN2012-12)

   Training and Tertiary Education Amendment Act 2014 A2014‑48 sch 1 pt 1.9

   notified LR 6 November 2014
   s 1, s 2 commenced 6 November 2014 (LA s 75 (1))

   sch 1 pt 1.9 commenced 20 November 2014 (s 2)

   Dangerous Substances (Loose-fill Asbestos Eradication) Legislation Amendment Act 2015 A2015‑6 sch 1 pt 1.4

   notified LR 31 March 2015
   s 1, s 2 commenced 31 March 2015 (LA s 75 (1))

   sch 1 pt 1.4 commenced 17 April 2015 (s 2 and CN2015-6)

   Electricity Feed-in Tariff Schemes Legislation Amendment Act 2015 A2015-20 pt 3

   notified LR 15 June 2015
   s 1, s 2 commenced 15 June 2015 (LA s 75 (1))
   pt 3 commenced 16 June 2015 (s 2)

   Building (Loose-fill Asbestos Eradication) Legislation Amendment Act 2015 A2015‑42 pt 7

   notified LR 5 November 2015
   s 1, s 2 commenced 5 November 2015 (LA s 75 (1))

   pt 7 commenced 13 November 2015 (s 2 (1) and CN2015-21)

   Planning, Building and Environment Legislation Amendment Act 2016 A2016‑2 pt 3

   notified LR 23 February 2016
   s 1, s 2 commenced 23 February 2016 (LA s 75 (1))

   pt 3 commenced 24 February 2016 (s 2)

   Co-operatives National Law (ACT) Act 2017 A2017-8 sch 2 pt 2.2

   notified LR 4 April 2017
   s 1, s 2 commenced 4 April 2017 (LA s 75 (1))
   sch 2 pt 2.2 commenced 1 May 2017 (s 2)

   Planning, Building and Environment Legislation Amendment Act 2017 (No 2) A2017-20 pt 4

   notified LR 15 June 2017
   s 1, s 2 commenced 15 June 2017 (LA s 75 (1))
   pt 4 commenced 16 June 2017 (s 2)

   Loose-fill Asbestos Legislation Amendment Act 2020 A2020-20 sch 1 pt 1.5

   notified LR 27 May 2020
   s 1, s 2 commenced 27 May 2020 (LA s 75 (1))
   sch 1 pt 1.5 commenced 1 July 2020 (s 2)

   Electricity Feed-in (Renewable Energy Premium) Amendment Act 2020 A2020-37

   notified LR 5 August 2020
   s 1, s 2 commenced 5 August 2020 (LA s 75 (1))
   remainder commenced 6 August 2020 (s 2)

2. Amendment history

   Commencement

   s 2om LA s 89 (4)

   Objects of Act

   s 3om A2009‑8 s 4

   Offences against Act—application of Criminal Code etc

   s 5AAins A2015‑20 s 11

   Objects and important concepts

   pt 1A hdgins A2009‑8 s 5

   Objects of Act

   s 5Ains A2009‑8 s 5

   Meaning of renewable energy generator and renewable energy source

   s 5Bins A2009‑8 s 5

   sub A2011‑6 s 4

   am A2015‑20 s 12

   Meaning of capacity

   s 5Cins A2009‑8 s 5

   sub A2011‑6 s 4

   Meaning of medium renewable energy generator and micro renewable energy generator

   s 5Dins A2009‑8 s 5

   sub A2011‑6 s 4

   Meaning of compliant

   s 5Eins A2011‑6 s 4

   am A2011‑25 s 4; A2015‑20 s 13; A2017‑20 s 10, s 11

   Meaning of eligible entity

   s 5Fins A2011‑6 s 4

   am A2011‑52 amdt 3.74; A2012‑32 s 6, s 7; A2014‑48 amdt 1.18, amdt 1.19; A2017‑8 amdt 2.2; amdt 2.3

   Feed-in from renewable energy generators to electricity network

   s 6am A2009‑8 ss 6-8; ss renum R1 (RI) LA; A2011‑6 s 5; A2012‑32 ss 8-10

   What is the normal cost of electricity?

   s 6Ains A2009‑8 s 9

   Utility service

   s 7sub A2012‑32 s 11

   Payment for electricity from renewable energy generators

   s 8sub A2009‑8 s 10

   am A2011‑6 ss 6-8; A2011‑25 s 5, s 6

   Recovery of cost of renewable energy premium

   s 8Ains A2009‑8 s 11

   am A2011‑6 s 9; A2012‑32 s 12

   Determination of premium rate

   s 10am A2009‑8 ss 12-15; pars renum R1 (RI) LA; A2011‑6 ss 10‑12; ss renum R2 LA; A2012‑32 s 13; A2015‑20 s 14

   Premium rate—20 years

   s 11am A2009‑8 s 16; A2011‑6 s 13; A2015‑6 amdt 1.11; A2015‑42 s 27, s 28; A2020‑20 amdt 1.14, amdt 1.15

   Reporting

   pt 3A hdgins A2011‑25 s 7

   Report by Minister

   s 11Ains A2011‑25 s 7

   sub A2015‑20 s 15

   Electricity distributors to give information to Minister

   s 11Bins A2011‑25 s 7

   sub A2015‑20 s 15

   am A2020‑37 s 4

   Audit of information given to Minister

   s 11Cins A2015‑20 s 15

   am A2020‑37 ss 5-7, pars renum R15 LA

   Passing on reasonable administration costs

   pt 3B hdgins A2020‑37 s 8

   Electricity distributors may pass on reasonable administration costs

   s 11Dins A2020‑37 s 8

   Maximum amount of administration costs—application for determination

   s 11Eins A2020‑37 s 8

   Maximum amount of administration costs—determination

   s 11Fins A2020‑37 s 8

   Regulation-making power

   s 12am A2015‑20 s 16

   Transitional—Planning, Building and Environment Legislation Amendment Act 2016

   pt 10 hdgins A2016‑2 s 5

   exp 24 February 2016 (s 31)

   Effect of Electricity Feed-in (Renewable Energy Premium) Rate Determination 2011 (No 1)

   s 30ins A2016‑2 s 5

   exp 24 February 2016 (s 31)

   Expiry—pt 10

   s 31ins A2016‑2 s 5

   exp 24 February 2016 (s 31)

   Dictionary

   dictam A2009‑8 s 17; A2011‑52 amdt 3.75; A2012‑32 s 14

   def capacity ins A2011‑6 s 14

   def compliant ins A2011‑6 s 14

   def customer om A2011‑52 amdt 3.76

   def electricity supplier om A2012‑32 s 15

   def eligible entity ins A2011‑52 amdt 3.77

   def medium renewable energy generator ins A2011‑6 s 14

   def micro renewable energy generator ins A2011‑6 s 14

   def National Electricity (ACT) Law ins A2009‑8 s 18

   om A2011‑52 amdt 3.78

   def National Electricity (ACT) Regulations ins A2009‑8 s 18

   om A2011‑6 s 15

   def NEL compliant ins A2009‑8 s 18

   om A2011‑6 s 15

   def NERL retailer ins A2012‑32 s 16

   def normal cost of electricity ins A2009‑8 s 18

   def occupier om A2011‑52 amdt 3.78

   def premium rate sub A2009‑8 s 19

   am A2011‑6 s 16

   def renewable energy generator ins A2009‑8 s 19

   sub A2011‑6 s 17

   def renewable energy source sub A2009‑8 s 19

   sub A2011‑6 s 17

   def reporting entity ins A2015‑20 s 17

   def required information ins A2015‑20 s 17

   def transition franchise tariff retail price om A2011‑6 s 18

   def utility om A2012‑32 s 17

1. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 1 Mar 2009	1 Mar 2009 6 Mar 2011	not amended	new Act
R1 (RI) 2 Mar 2009	1 Mar 2009– 6 Mar 2011	A2009‑8	reissue for retrospective amendments by A2009‑8
R2 7 Mar 2011	7 Mar 2011– 11 July 2011	A2011‑6	amendments by A2011‑6
R3 12 July 2011	12 July 2011– 11 Dec 2011	A2011‑25	amendments by A2011‑25
R4 12 Dec 2011	12 Dec 2011– 30 June 2012	A2011‑52	amendments by A2011‑52
R5 1 July 2012	1 July 2012– 19 Nov 2014	A2012‑32	amendments by A2012‑32
R6 20 Nov 2014	20 Nov 2014– 16 Apr 2015	A2014‑48	amendments by A2014‑48
R7 17 Apr 2015	17 Apr 2015– 15 June 2015	A2015‑6	amendments by A2015‑6
R8 16 June 2015	16 June 2015– 12 Nov 2015	A2015-20	amendments by A2015-20
R9 13 Nov 2015	13 Nov 2015– 23 Feb 2016	A2015-42	amendments by A2015-42
R10 24 Feb 2016	24 Feb 2016– 24 Feb 2016	A2016-2	amendments by A2016-2
R11 25 Feb 2016	25 Feb 2016– 30 Apr 2017	A2016‑2	expiry of transitional provision (pt 10)
R12 1 May 2017	1 May 2017– 15 June 2017	A2017‑8	amendments by A2017‑8
R13 16 June 2017	16 June 2017– 30 June 2020	A2017‑20	amendments by A2017‑20
R14 1 July 2020	1 July 2020– 5 Aug 2020	A2020‑20	amendments by A2020‑20

1. Expired transitional or validating provisions

   This Act may be affected by transitional or validating provisions that have expired.  The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).

   Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.

   To find the expired provisions see the version of this Act before the expiry took effect.  The ACT legislation register has point-in-time versions of this Act.