Renewable Energy (Electricity) Amendment Act 2006 (Cth)
Contents
[
The Parliament of Australia enacts:
This Act may be cited as the
Renewable Energy (Electricity) Amendment Act 2006 .
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent. | 30 June 2006 |
Schedule 1 | A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. | 11 September 2006 ( |
Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Insert:
(gb) decisions making, or forming part of the process of making, or leading up to the making of, assessments under Division 2 of Part 5 of the
Renewable Energy (Electricity) Act 2000 or decisions disallowing objections to such assessments or decisions amending or refusing to amend such assessments;
Omit “qualifying electricity”, substitute “electricity using eligible renewable energy sources”.
Insert:
accredited power station means a power station accredited under Division 3 of Part 2.
Insert:
electronic signature of a person means the person’s unique identification in an electronic form that is approved by the Regulator under subsection (3).
Insert:
eligible renewable energy source has the meaning given by section 17.
6
Subsection 5(1) (definition of identification code ) Repeal the definition.
Insert:
interest charge means the charge payable under section 70.
8
Subsection 5(1) (definition of monitoring warrant ) Repeal the definition, substitute:
monitoring warrant means a warrant issued under section 125.
9
Subsection 5(1) (definition of National Electricity Code ) Repeal the definition.
Insert:
National Electricity Rules means the National Electricity Rules, as in force from time to time, made under the National Electricity Law set out in the Schedule to theNational Electricity (South Australia) Act 1996 of South Australia.
Repeal the definition, substitute:
NEMMCO has the same meaning as in the National Electricity Law set out in the Schedule to theNational Electricity (South Australia) Act 1996 of South Australia.
Insert:
nominated person , for an accredited power station, means:
(a) if no approvals have been given under section 30B in relation to the power station—the person who made the application for accreditation; or
(b) if one or more approvals have been given under that section in relation to the power station—the last person so approved.
Insert:
occupier , in relation to premises, includes a person present at the premises who is in apparent control of the premises.
Insert:
offence against this Act includes an offence against section 137.1 or 137.2 of theCriminal Code that relates to this Act.
Insert:
penalty charge means the charge payable under Part 9.
Insert:
premises includes the following:
(a) a structure, building or vehicle;
(b) a place (whether enclosed or built on or not);
(c) a part of a thing referred to in paragraph (a) or (b).
Insert:
registered person means a person registered under Division 2 of Part 2.
Insert:
register of applications for accredited power stations has the meaning given by section 141A.
19
Subsection 5(1) (paragraph (b) of the definition of renewable energy shortfall charge related liability ) Repeal the paragraph, substitute:
(b) interest charge; or
(c) penalty charge.
Insert:
required renewable energy has the meaning given by section 38.
21
Subsection 5(1) (definition of senior employee ) Omit “Regulator”, substitute “Office of the Renewable Energy Regulator”.
Insert:
stakeholder , in relation to an accredited power station, means:
(a) a person who operates the power station (whether alone or together with one or more other persons); or
(b) a person who owns all, or a part, of the power station (whether alone or together with one or more other persons).
Add:
(3) The Regulator may, in writing, approve an electronic form for the purposes of the definition of
electronic signature in subsection (1).
Omit “renewable energy sources”, substitute “eligible renewable energy sources”.
Omit “solar hot water heaters”, substitute “solar water heaters or small generation units”.
After:
A person needs to be registered under Division 2 before they can create a certificate.
Insert:
Division 2A provides for provisional accreditation of power stations.
Repeal the heading, substitute:
After “section 30”, insert “or 30A”.
Insert:
(1) A registered person may apply to the Regulator for provisional accreditation of the proposed components of an electricity generation system that the person considers would, if assembled, be a single power station.
Form of application
(2) The application must:
(a) be made in a form and manner required by the Regulator; and
(b) specify the proposed components; and
(c) list the eligible renewable energy sources from which power is intended to be generated; and
(d) contain any other information required by the Regulator; and
(e) be accompanied by any documents required by the Regulator; and
(f) be accompanied by the fee (if any) prescribed by the regulations for the making of applications for provisional accreditation.
(1) If:
(a) the Regulator receives an application that is properly made under section 12A (about an application for provisional accreditation of a power station); and
(b) the Regulator is satisfied that some or all of the proposed components of the system would, if assembled, be a power station for the purposes of this Act;
the Regulator must, by written notice given to the applicant:
(c) specify which of those proposed components (the
provisional components ) would, if assembled, be a power station for the purposes of this Act; and(d) specify that, if an application is properly made under section 13 in relation to the power station:
(i) the Regulator will determine that the components specified in that application are taken to be a power station for the purposes of this Act if the Regulator is satisfied that they are not materially different from the provisional components; and
(ii) the power station will be eligible for accreditation if subsection 14(2) is satisfied.
Refusal
(2) If:
(a) the Regulator receives an application that is properly made under section 12A; and
(b) the Regulator is not satisfied that some or all of the proposed components of the system would, if assembled, be a power station for the purposes of this Act;
the Regulator must, by written notice given to the applicant, refuse the application.
Regulations
(3) Regulations made for the purposes of section 14, in relation to determining the components of a power station, apply in a corresponding way to this section.
(1) The Regulator must decide an application that is properly made under section 12A within:
(a) the period of 6 weeks beginning on the day the Regulator received the application; or
(b) if, before the end of that period, the Regulator and applicant agree to a longer period—that longer period.
(2) If the Regulator has not decided the application within the period applicable under subsection (1), the Regulator is taken, at the end of that period, to have made a decision under section 12B refusing the application.
Repeal the subsection, substitute:
(1) A registered person may apply to the Regulator for accreditation, as an accredited power station, of the components of an electricity generation system that the person considers are a single power station if the person:
(a) operates those components (whether alone or together with one or more other persons); or
(b) owns all, or a part, of those components (whether alone or together with one or more other persons).
Omit “parts”, substitute “components”.
Insert:
(baa) specify each other person (if any) who:
(i) operates those components (whether alone or together with one or more other persons); or
(ii) owns all, or a part, of those components (whether alone or together with one or more other persons); and
Omit “eligible renewable power sources”, substitute “eligible renewable energy sources”.
Add:
; and (f) be accompanied by a statement in writing from each other person (if any) specified under paragraph (baa) indicating that the other person agrees to the making of the application.
Add:
Note: A determination under paragraph (a) may be varied: see Division 10.
Insert:
(1A) If:
(a) the Regulator gave a person a notice under subsection 12B(1) in relation to the power station; and
(b) the Regulator is satisfied that the components specified in the application under section 13 are not materially different from the components specified under subsection 12B(1);
the Regulator must determine, under paragraph (1)(a) of this section, that the components specified in the application under section 13 are taken to be a power station for the purposes of this Act.
Omit “eligible renewable power source”, substitute “eligible renewable energy source”.
Insert:
(2A) However, a power station is not eligible for accreditation if the Regulator is satisfied that a previous determination under paragraph (1)(a) should be varied to include the components of the system specified in the application for accreditation.
Add:
Note: The 1997 eligible renewable power baseline for a power station may be varied: see Division 12.
Omit “paragraphs (1)(a) and (b), (2)(a) and (b) and (3)(a) and (b)”, substitute “paragraphs (1)(a) and (3)(a)”.
Add:
Note: The accreditation of an accredited power station may be suspended: see Division 11.
Insert:
(1) The Regulator must decide an application that is properly made under section 13 within:
(a) the period of 6 weeks beginning on the day the Regulator received the application; or
(b) if, before the end of that period, the Regulator and applicant agree to a longer period—that longer period.
(2) If the Regulator has not decided the application within the period applicable under subsection (1), the Regulator is taken, at the end of that period, to have made a decision under section 15 refusing the application.
If the Regulator approves an application, the applicant becomes the nominated person for the accredited power station.
Note: The nominated person for the power station is able to create certificates for electricity generated by the power station: see section 18. The nominated person may change: see Division 9.
Repeal the section, substitute:
(1) The following energy sources are
eligible renewable energy sources :
(a) hydro;
(b) wave;
(c) tide;
(d) ocean;
(e) wind;
(f) solar;
(g) geothermal‑aquifer;
(h) hot dry rock;
(i) energy crops;
(j) wood waste;
(k) agricultural waste;
(l) waste from processing of agricultural products;
(m) food waste;
(n) food processing waste;
(o) bagasse;
(p) black liquor;
(q) biomass‑based components of municipal solid waste;
(r) landfill gas;
(s) sewage gas and biomass‑based components of sewage;
(t) any other energy source prescribed by the regulations.
(2) Despite subsection (1), the following energy sources are not eligible renewable energy sources:
(a) fossil fuels;
(b) materials or waste products derived from fossil fuels.
Regulations
(3) For the purposes of this Act, the regulations may provide that an energy source referred to in subsection (1) or (2) has the meaning prescribed by the regulations.
(4) For the purposes of this Act, the regulations may make provision for and in relation to limiting the meaning of an energy source referred to in subsection (1).
(5) For the purposes of this Act, the regulations may make provision for and in relation to extending the meaning of an energy source referred to in subsection (2).
Repeal the subsection, substitute:
(1) The nominated person for an accredited power station may create a certificate for each whole MWh of electricity generated by the power station during a year that is in excess of the power station’s 1997 eligible renewable power baseline.
Insert:
(1A) A certificate must not be created in respect of a whole MWh of electricity generated partly in 1 year and partly in the following year.
Repeal the subsection, substitute:
(2) If the amount of electricity generated by an accredited power station during a year that is in excess of the power station’s 1997 eligible renewable power baseline is less than 1 MWh but greater than or equal to 0.5 MWh, the nominated person for the power station may create 1 certificate in respect of the electricity generated during the year.
Repeal the subsection, substitute:
(4) Electricity is to be excluded from all calculations under this section:
(a) to the extent that the electricity was generated using any energy sources that are not eligible renewable energy sources; or
(b) to the extent that the electricity was generated during any period of suspension of the accreditation of the accredited power station under section 30D or 30E.
Add:
(5) The nominated person for an accredited power station must not create any certificates during any period of suspension of the person’s registration under section 30 or 30A.
Repeal the section, substitute:
A certificate may be created at any time after the generation of the final part of the electricity in relation to which it is created and before the end of the year after the year of generation.
Note: For offences related to the creation of certificates, see section 24.
Repeal the subsection, substitute:
(1) The nominated person for an accredited power station must give an electricity generation return for a year to the Regulator on or before:
(a) 14 February in the following year; or
(b) any later day allowed by the Regulator.
Omit “person”, substitute “power station”.
Repeal the paragraph, substitute:
(c) the number of certificates created during the year in respect of the electricity generated by the power station during the year; and
(ca) the number of certificates created during the year in respect of any electricity generated by the power station during the previous year; and
Insert:
(1) The Regulator may amend an electricity generation return if the nominated person for the accredited power station concerned requests, in writing, an amendment within 12 months of the return being given.
(2) The Regulator may also amend an electricity generation return on his or her own initiative if the amendment is made within 4 years of the return being given.
(3) If the Regulator refuses to amend an electricity generation return upon a request by a nominated person for an accredited power station, the Regulator must notify the person accordingly.
Omit “and the solar water heater displaces non‑renewable electricity”.
Repeal the subsection, substitute:
(2) The certificates may only be created within 12 months after the installation of the solar water heater.
(3) The regulations may make provision in relation to the time at which a solar water heater is taken to have been installed.
Before “The”, insert “(1)”.
Add:
(2) Regulations made for the purposes of subsection (1) may:
(a) empower the Regulator to make written determinations; and
(b) require the Regulator to have regard to specified guidelines when making such determinations.
58
At the end of Subdivision B of Division 4 of Part 2 Add:
The regulations may make provision for and in relation to the Regulator keeping a Register of solar water heaters.
Omit “and the small generation unit displaces non‑renewable electricity”.
Repeal the subsection, substitute:
(2) The regulations may make provision in relation to the time at which a small generation unit is taken to have been installed.
(3) The regulations may make provision in relation to:
(a) the time when a right to create certificates in relation to a small generation unit arises; and
(b) the period within which certificates may be created in relation to a small generation unit.
Omit “for a particular installation of”, substitute “in relation to”.
Repeal the subsection, substitute:
(1) The owner of the small generation unit at the time that a right to create a certificate or certificates arises in relation to the small generation unit is entitled to create the certificate or certificates.
After “notice”, insert “and in accordance with the regulations”.
Add:
(4) Regulations made for the purposes of subsection (2) may make provision:
(a) in relation to when the right may be assigned; and
(b) in relation to the kind of persons to whom the right may be assigned.
(5) Subsection (4) does not limit the regulations that may be made for the purposes of subsection (2).
Add “, unless an election is made under section 23E in relation to that unit”.
66
At the end of Subdivision BA of Division 4 of Part 2 Add:
(1) The owner of a qualifying small generation unit at the time that it is installed may give the Regulator a notice in writing electing that this Subdivision does not apply to the creation of certificates that relate to the unit.
Timing of election
(2) The owner must make the election within the period of 28 days beginning on the day the unit is installed and before any certificates are created under this Subdivision that relate to the unit.
Effect of election
(3) If an election is made, a person must not create certificates under this Subdivision that relate to the unit.
Note: A person may be able to create certificates under Subdivision A that relate to the unit.
Election cannot be altered
(4) An election must not be varied or revoked.
Definition
(5) In this section:
qualifying small generation unit means a small generation unit of a kind prescribed by the regulations for the purposes of this section.
Insert:
(1) If the sum of the number of certificates created by a person during a year under Subdivisions B and BA exceeds 250, the person must give a return for the year to the Regulator on or before:
(a) 14 February in the following year; or
(b) any later day allowed by the Regulator.
(2) The return must include details of:
(a) the number of certificates the person created under each of those Subdivisions during the year; and
(b) the number of certificates the person is entitled to create under Subdivision B because of rights assigned to the person under subsection 23(2) during the year; and
(c) the number of certificates the person is entitled to create under Subdivision BA because of rights assigned to the person under subsection 23C(2) during the year; and
(d) any other information specified by the regulations.
Omit “Maximum penalty”, substitute “Penalty”.
After “Certificates”, insert “under Subdivision A of Division 4”.
Note: The heading to section 25 is altered by adding at the end “
—power stations ”.
After “signature of the”, insert “registered”.
After “the date on which the”, insert “final part of the”.
Insert:
(ca) details of the eligible renewable energy source or sources of that electricity; and
Insert:
(1) Certificates under Subdivision B or BA of Division 4 are to be created in an electronic form approved in writing by the Regulator.
(2) Each certificate is to contain:
(a) the registered person’s registration number; and
(b) the year; and
(c) a number in an unbroken sequence that is used for all certificates created in respect of the solar water heater or small generation unit concerned in that year and that starts at one and has increments of one; and
(d) the electronic signature of the registered person who created the certificate; and
(e) the date on which the solar water heater or small generation unit concerned was installed; and
(f) details of the eligible renewable energy source in respect of which the certificate was created; and
(g) the date on which the certificate was created.
Insert:
The registered owner of a certificate may surrender the certificate to the Regulator under this section.
Note 1: The register of renewable energy certificates under section 140 must contain the name of the current registered owner of each certificate.
Note 2: Certificates may also be surrendered under sections 44 and 95.
Omit “section 44”, substitute “section 28A, 44 or 95”.
Insert:
Regulator’s belief that offence committed
(1) The Regulator may, by written notice, suspend the registration of a registered person if the Regulator believes on reasonable grounds that the person has committed an offence against this Act or the regulations.
(2) The registration is suspended for such period (not exceeding 12 months) as the Regulator considers appropriate in all of the circumstances. That period must be specified in the notice.
Registration obtained improperly
(3) The Regulator may, by written notice, suspend the registration of a registered person if the registration was obtained improperly.
(4) The registration is suspended for such period (including permanently) as the Regulator considers appropriate in all of the circumstances. That period must be specified in the notice.
Note: The heading to section 30 is replaced by the heading “
Suspension of registration—conviction of offence ”.
Add:
(1) A registered person who is a stakeholder in relation to an accredited power station may apply to the Regulator for approval to become the nominated person for the power station.
Note: The nominated person is able to create certificates in respect of electricity generated by the power station: see section 18.
(2) The application must:
(a) be made in a form and manner required by the Regulator; and
(b) contain any information required by the Regulator; and
(c) be accompanied by any documents required by the Regulator; and
(d) be accompanied by the fee (if any) prescribed by the regulations for the making of such applications; and
(e) be accompanied by a statement in writing from each other stakeholder (if any) in relation to the power station indicating that the other stakeholder agrees to the making of the application.
(3) If the Regulator receives an application that is properly made, the Regulator must, by writing, approve the applicant as the nominated person for the power station.
(4) Otherwise, the Regulator must refuse to so approve the applicant and must notify the applicant accordingly.
(1) The Regulator may, by writing, vary a determination under paragraph 14(1)(a). The Regulator may do so only in relation to an accredited power station.
(2) The Regulator may do so on his or her own initiative or upon application by the nominated person for the accredited power station.
(3) The application must:
(a) be made in a form and manner required by the Regulator; and
(b) contain any information required by the Regulator; and
(c) be accompanied by any documents required by the Regulator; and
(d) be accompanied by the fee (if any) prescribed by the regulations for the making of such applications; and
(e) be accompanied by a statement in writing from each other stakeholder (if any) in relation to the power station indicating that the other stakeholder agrees to the making of the application.
(4) If the Regulator refuses the application, the Regulator must notify the applicant accordingly.
(1) The Regulator may, by written notice, suspend the accreditation of an accredited power station if:
(a) the power station is part of a group of interconnected power stations; and
(b) one or more of the power stations (an
excess station ) in the group generates electricity during a year that is in excess of its 1997 eligible renewable power baseline for the year; and(c) one or more of the power stations (a
shortfall station ) in the group generates nil electricity during the year or generates electricity during the year that is less than its 1997 eligible renewable power baseline for the year; and(d) the Regulator is satisfied that more certificates are able to be created in respect of electricity generated during the year by any excess station than would be able to be created if any shortfall station had generated electricity during the year at least equal to its 1997 eligible renewable power baseline for the year.
Period of suspension
(2) The accreditation is suspended for such period (including permanently) as the Regulator considers appropriate in all of the circumstances. That period must be specified in the notice.
Note: Any electricity generated by the power station while its accreditation is suspended is to be excluded from all calculations under section 18: see subsection 18(4).
Group of interconnected power stations
(3) Two or more power stations form a
group of interconnected power stations if:
(a) each power station is able to generate electricity using a particular supply (the
relevant supply ) of an eligible renewable energy source; and(b) the amount of electricity generated by each power station during a year using that supply is able to be coordinated in order to allow more certificates to be created in respect of the total electricity generated by the power stations during the year using that supply than would otherwise be able to be created.
Relevant matters
(4) In deciding whether or not to suspend the accreditation of an accredited power station under subsection (1), the Regulator must have regard to any information available to him or her that demonstrates that either or both of the outcomes referred to in paragraphs (1)(b) and (c) were not the result of a gaming arrangement.
(4A) In considering whether the outcomes referred to in paragraphs (1)(b) and (c) were or were not the result of a gaming arrangement, the Regulator must have regard to any matter prescribed by the regulations for the purposes of this subsection.
(5) The Regulator may have regard to such other matters as he or she thinks appropriate.
Gaming arrangement
(6) A
gaming arrangement is an arrangement to coordinate the amount of electricity generated by each power station in the group during the year using the relevant supply in order to allow more certificates to be created in respect of the total electricity generated by the power stations in the group during the year using that supply than would otherwise be able to be created.
Failure to give an electricity generation return
(1) The Regulator may, by written notice, suspend the accreditation of an accredited power station if an electricity generation return for a year, in respect of the station, has not been given to the Regulator in accordance with section 20.
(2) The accreditation is suspended until the return is given to the Regulator in accordance with that section. The notice must include a statement to that effect.
Contravention of Commonwealth, State or Territory law
(3) The Regulator may, by written notice, suspend the accreditation of an accredited power station if the Regulator believes on reasonable grounds that the power station is being operated in contravention of a law of the Commonwealth, a State or a Territory.
(4) The accreditation is suspended until the Regulator believes on reasonable grounds that the power station is not being operated in contravention of that law. The notice must include a statement to that effect.
Other circumstances
(5) The Regulator may, by written notice, suspend the accreditation of an accredited power station in any other circumstances prescribed by the regulations.
(6) The accreditation is suspended for such period (including permanently) as the Regulator considers appropriate in all of the circumstances. That period must be specified in the notice.
Note: Any electricity generated by the power station while its accreditation is suspended under this section is to be excluded from all calculations under section 18: see subsection 18(4).
(1) The Regulator may, by written determination, vary the 1997 eligible renewable power baseline for an accredited power station in the circumstances prescribed by the regulations.
(2) The regulations may make provision for the 1997 eligible renewable power baseline for an accredited power station to be varied if an action or policy of the Commonwealth Government reduces the power station’s ability to generate electricity for a sustained period.
(3) Subsection (2) does not limit subsection (1).
Increase in baseline
(4) If a determination increases the 1997 eligible renewable power baseline for an accredited power station, the determination has effect only for the years following the year in which the determination is made.
Decrease in baseline
(5) If a determination decreases the 1997 eligible renewable power baseline for an accredited power station, the determination has effect for the year or years specified in the determination.
Add “or a person or body prescribed by the regulations”.
After “NEMMCO”, insert “or a person or body prescribed by the regulations”.
Omit “a generator”, substitute “the person who generated the electricity”.
Add:
(3) If there is a wholesale acquisition of electricity under this section, then no other acquisition in relation to that electricity is a relevant acquisition (regardless of when the other acquisition occurs).
Omit “Code”, substitute “Rules”.
Omit “generator” (first occurring), substitute “person who generated the electricity”.
Repeal the subsection.
Omit “generator” (first occurring), substitute “person who generated the electricity”.
After “NEMMCO”, insert “or a person or body prescribed by the regulations”.
Note: The heading to section 34 is altered by adding at the end “
or a person or body prescribed by the regulations ”.
Omit “liable person” (wherever occurring), substitute “liable entity”.
Repeal the paragraph, substitute:
(b) for any later year—the rate worked out using the formula:
Insert:
(3A) If, at the time the Minister takes into consideration the matters referred to in subsection (3), the amount applicable under paragraph (3)(c) is not known, then the Minister may take into consideration an estimate of that amount instead.
Omit “
Required additional ”.
Add:
Note: See also section 101 (about payment of penalty charge).
Omit “(including additional renewable energy shortfall charge)” (first occurring), substitute “, penalty charge or interest charge”.
Omit “(including additional renewable energy shortfall charge)” (last occurring), substitute “, penalty charge and interest charge”.
Add:
Note: For amendment of such statements, see section 45A.
After “that year”, insert “under this section”.
Omit “annual energy acquisition”.
After “that year”, insert “under this section”.
Omit “liable person”, substitute “liable entity”.
Omit “certificates” (last occurring), substitute “certificate”.
Repeal the subsection, substitute:
(5) The regulations may prescribe the fee payable for the surrender of a certificate under this section.
(6) The Regulator must, by notice in writing given to the liable entity, advise the entity:
(a) of the number of certificates specified under subsection (4) that are able to be surrendered for that year; and
(b) of the fee payable by the entity in respect of the surrender of those certificates.
Note: Section 45 contains restrictions on certificates that can be surrendered.
(7) The liable entity must pay the fee within the period of 28 days beginning on the day the entity receives the notice under subsection (6).
(8) If the fee is unpaid at the end of that period, it is a debt due to the Commonwealth and is recoverable by the Regulator in a court of competent jurisdiction.
(9) A notice under subsection (6) is not a legislative instrument.
After “surrendered”, insert “under section 44”.
Insert:
(1) The Regulator may amend an energy acquisition statement if the liable entity requests, in writing, an amendment within 12 months of lodging the statement.
(2) The Regulator may also amend an energy acquisition statement on his or her own initiative if the amendment is made within 4 years of the liable entity lodging the statement.
(3) If the Regulator refuses to amend an energy acquisition statement upon a request by a liable entity, the Regulator must notify the entity accordingly.
Note: An amendment of an energy acquisition statement under this section may also result in the Regulator issuing an assessment under section 48 or amending an assessment under section 49.
Repeal the paragraphs, substitute:
(d) either any carried forward shortfall for the year or the amount of the renewable energy shortfall charge for the year; and
After “charge”, insert “(if any)”.
Repeal the paragraph, substitute:
(e) the renewable energy certificate shortfall specified in the statement is taken to be the liable entity’s renewable energy certificate shortfall for the year; and
(ea) the amount of renewable energy shortfall charge (if any) specified in the statement is taken to be the amount of renewable energy shortfall charge payable by the liable entity for the year; and
Omit “is liable to pay renewable energy shortfall charge for the year”, substitute “has a renewable energy certificate shortfall for the year”.
Before “payable”, insert “(if any)”.
Omit “is liable to pay renewable energy shortfall charge for the year”, substitute “has a renewable energy certificate shortfall for the year”.
Before “payable”, insert “(if any)”.
Add:
Note: This Division does not apply in relation to an assessment under section 102: see section 53A.
Omit “An”, substitute “Subject to subsection (5), an”.
Omit “the decision”, substitute “a decision”.
Omit “its amendment by reduction of”, substitute “a decision to reduce”.
114
Subsection 50(2) (definition of overpaid amount ) Omit “additional renewable energy shortfall charge under section 70 or Part 9”, substitute “penalty charge or interest charge”.
Omit “person liable to pay the renewable energy shortfall charge”, substitute “liable entity concerned”.
Add:
This Division does not apply in relation to an assessment under section 102.
Before “A”, insert “(1)”.
Add:
(2) This Division does not apply in relation to an assessment under section 102.
Note: However, a person may seek review of a decision to make an assessment under section 102: see Division 2.
Omit “person” (wherever occurring), substitute “liable entity”.
Omit “person’s”, substitute “liable entity’s”.
Note: The heading to section 57 is altered by omitting “
Applications ” and substituting “Requests ”.
Omit “person”, substitute “liable entity”.
Omit “person”, substitute “liable entity”.
Omit “person”, substitute “liable entity”.
Omit “person”, substitute “liable entity”.
Omit “additional renewable energy shortfall charge”, substitute “penalty charge, interest charge”.
Insert:
1A | in relation to an application under section 12A (about provisional accreditation of power stations) | section 12B | the applicant. |
Insert:
3A | to amend, or to refuse to amend, an electricity generation return | section 20A | the nominated person for the accredited power station concerned. |
After “section 30”, insert “or 30A”.
Insert:
5A | to refuse to approve a person as the nominated person for an accredited power station | section 30B | the person. |
5B | to vary, or to refuse to vary, a determination under paragraph 14(1)(a) | section 30C | the nominated person for the accredited power station concerned. |
5C | to suspend the accreditation of an accredited power station | section 30D or 30E | the nominated person for the power station. |
5D | to vary the 1997 eligible renewable power baseline for an accredited power station | section 30F | the nominated person for the power station. |
5E | to amend, or to refuse to amend, an energy acquisition statement | section 45A | the liable entity concerned. |
Repeal the item, substitute:
6 | assessing penalty charge | section 102 | the liable entity that is liable to pay the penalty charge. |
Omit “additional renewable energy shortfall charge” (wherever occurring), substitute “penalty charge”.
Repeal the heading, substitute:
Omit “Additional renewable energy shortfall charge under Part 9”, substitute “Penalty charge”.
Note: The heading to section 68 is altered by omitting “
additional renewable energy shortfall charge ” and substituting “penalty charge ”.
Omit “the additional charge”, substitute “that charge”.
Repeal the section, substitute:
Unpaid renewable energy shortfall charge
(1) If an amount (the
unpaid amount ) of renewable energy shortfall charge which a liable entity is liable to pay is not paid by the time by which it is due to be paid, the liable entity is liable to pay, by way of penalty, interest charge on the whole of the unpaid amount for each day in the period that:
(a) started at the beginning of the day by which the amount of the renewable energy shortfall charge was due to be paid; and
(b) finishes at the end of the last day on which, at the end of the day, any of the following remains unpaid:
(i) the renewable energy shortfall charge;
(ii) interest charge on any of the renewable energy shortfall charge.
Unpaid penalty charge
(2) If an amount (the
unpaid amount ) of penalty charge which a liable entity is liable to pay is not paid by the time by which it is due to be paid, the liable entity is liable to pay, by way of penalty, interest charge on the whole of the unpaid amount for each day in the period that:
(a) started at the beginning of the day by which the amount of the penalty charge was due to be paid; and
(b) finishes at the end of the last day on which, at the end of the day, any of the following remains unpaid:
(i) the penalty charge;
(ii) interest charge on any of the penalty charge.
Amount of interest charge
(3) The amount of the interest charge for a day is worked out by multiplying the unpaid amount by the general interest charge rate for the day.
When interest charge becomes due and payable
(4) The interest charge for a day is due and payable at the end of that day.
Repeal the subsection, substitute:
(1) This Subdivision applies if:
(a) a person (the
receiver ), in the capacity of receiver, or of receiver and manager, takes possession of a company’s assets for the company’s debenture holders; and(b) the company is, or has been, a liable entity.
Omit “Maximum penalty”, substitute “Penalty”.
Add:
; and (c) is, or has been, a liable entity.
Omit “Maximum penalty”, substitute “Penalty”.
Omit “returns”, substitute “statement”.
Omit “additional returns or”.
Omit “return”, substitute “statement”.
Omit “return”, substitute “renewable energy shortfall statement”.
After “charge”, insert “paid by the liable entity”.
Omit “additional renewable energy shortfall charge”, substitute “penalty charge”.
Omit “additional renewable energy shortfall charge”, substitute “penalty charge”.
Omit “additional renewable energy shortfall charge”, substitute “penalty charge”.
Omit “additional renewable energy shortfall charge”, substitute “penalty charge”.
Omit “additional renewable energy shortfall charge”, substitute “penalty charge”.
Omit “additional renewable energy shortfall charge”, substitute “penalty charge”.
Note: The heading to section 101 is altered by omitting “
Penalty renewable energy shortfall charge ” and substituting “Penalty charge ”.
Omit “additional renewable energy shortfall charge”, substitute “penalty charge”.
Note: The heading to section 102 is altered by omitting “
additional renewable energy shortfall charge ” and substituting “penalty charge ”.
Omit “additional renewable energy shortfall charge” (wherever occurring), substitute “penalty charge”.
Note: The heading to section 103 is altered by omitting “
additional renewable energy shortfall charge ” and substituting “penalty charge ”.
Insert:
(1A) The Regulator may, in writing, also appoint any of the following persons to be an authorised officer for the purposes of this Part:
(a) any other person who is appointed or employed by the Commonwealth;
(b) a person who is appointed or employed by a State or a Territory.
Omit “Maximum penalty”, substitute “Penalty”.
Omit “this Act or of determining whether this Act has”, substitute “this Act or the regulations or of determining whether this Act or the regulations have”.
Note: The heading to section 110 is replaced by the heading “
Entry to premises ”.
After “this Act”, insert “or the regulations”.
After “this Act”, insert “or the regulations”.
After “this Act”, insert “or the regulations”.
Omit “that”.
Omit “assessing the correctness of information provided under this Act”, substitute “substantiating information provided under this Act or the regulations”.
After “this Act”, insert “or the regulations”.
After “this Act”, insert “or the regulations”.
Omit “Maximum penalty”, substitute “Penalty”.
Repeal the sections.
Omit “premises in respect of which it is being executed”, substitute “warrant premises”.
After “this Act”, insert “or the regulations”.
Omit “Maximum penalty”, substitute “Penalty”.
Omit “this Act or of determining whether this Act has”, substitute “this Act or the regulations or of determining whether this Act or the regulations have”.
Insert:
(1) This section applies to a person if the Regulator has reason to believe that the person:
(a) has information or a document that is relevant to the operation of this Act; or
(b) is capable of giving evidence which the Regulator has reason to believe is relevant to the operation of this Act.
(2) The Regulator may, by written notice given to the person, require the person:
(a) to give to the Regulator, within the period and in the manner and form specified in the notice, any such information; or
(b) to produce to the Regulator, within the period and in the manner specified in the notice, any such documents; or
(c) if the person is an individual—to appear before the Regulator at a time and place specified in the notice to give any such evidence, either orally or in writing, and produce any such documents; or
(d) if the person is a body corporate—to cause a competent officer of the body to appear before the Regulator at a time and place specified in the notice to give any such evidence, either orally or in writing, and produce any such documents.
(3) A notice under subsection (2) must set out the effect of:
(a) subsection (4); and
(b) section 125E; and
(c) sections 137.1 and 137.2 of the
Criminal Code .Note: Sections 137.1 and 137.2 of the
Criminal Code create offences for giving false or misleading information or documents.(4) A person commits an offence if:
(a) the person is given a notice under this section; and
(b) the person fails to comply with the notice.
Penalty for contravention of this subsection: 20 penalty units.
(1) An individual is not excused from giving information or evidence or producing a document under this Part on the ground that the information or evidence or the production of the document might tend to incriminate the individual or expose the individual to a penalty.
(2) However:
(a) the information or evidence given or the document produced; or
(b) any information, document or thing obtained as a direct or indirect consequence of giving the information or evidence or producing the document;
is not admissible in evidence against the individual in criminal proceedings other than:
(c) proceedings for an offence against subsection 125A(4) or section 125E; or
(d) proceedings for an offence against section 137.1 or 137.2 of the
Criminal Code (about false or misleading information or documents) that relates to this Part.
The Regulator may inspect a document produced under this Part and may make and retain copies of, or take and retain extracts from, such a document.
(1) The Regulator may take, and retain for as long as is necessary, possession of a document produced under this Part.
(2) The person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by the Regulator to be a true copy.
(3) The certified copy must be received in all courts and tribunals as evidence as if it were the original.
(4) Until a certified copy is supplied, the Regulator must, at such times and places as the Regulator thinks appropriate, permit the person otherwise entitled to possession of the document, or a person authorised by that person, to inspect and make copies of, or take extracts from, the document.
A person commits an offence if:
(a) the person gives evidence to another person; and
(b) the person does so knowing that the evidence is false or misleading in a material particular; and
(c) the evidence is given in compliance or purported compliance with section 125A.
Penalty: Imprisonment for 12 months.
Repeal the paragraph, substitute:
(b) a member of the staff of the Office of the Renewable Energy Regulator referred to in section 151; or
Omit “Maximum penalty”, substitute “Penalty”.
Omit “for the purpose of implementing this Act”, substitute “for the purposes of this Act”.
Omit “for the purpose of implementing this Act”, substitute “for the purposes of this Act”.
After “powers”, insert “in connection with proceedings under this Act”.
Insert:
(aa) both of the following:
(i) the amount of each liable entity’s renewable energy certificate shortfall for that year;
(ii) the proportion of that shortfall relative to the liable entity’s required renewable energy for that year; and
Omit “a”, substitute “that”.
Repeal the paragraph, substitute:
(b) the name of the nominated person for the accredited power station; and
Insert:
(ca) the 1997 eligible renewable power baseline for each power station (including any variation of that baseline under section 30F); and
Omit “number”, substitute “unique identification code”.
Omit “of the electricity covered by the certificate”, substitute “in respect of which the certificate was created”.
Omit “electricity generation system”, substitute “power station”.
Omit “Registrar”, substitute “Regulator”.
Add:
; or (e) fails, without reasonable excuse, to comply with section 147A (disclosure of interests).
Insert:
(1) The Regulator must give written notice to the Minister of all interests, pecuniary or otherwise, that the Regulator has or acquires and that could conflict with the proper performance of the Regulator’s functions.
(2) A notice under subsection (1) is not a legislative instrument.
Omit “The Consolidated Revenue Fund is appropriated for the payment of the remuneration and allowances.”.
Repeal the heading, substitute:
Repeal the sections.
Omit “Maximum penalty”, substitute “Penalty”.
Omit “by the employer”.
Omit “(1)”.
Repeal the subsection.
The amendment made by item 1 applies in relation to decisions made after the commencement of that item.
193
Application—creation of renewable energy certificates The amendments made by items 4, 44, 45, 46, 69, 70, 71, 72, 73, 179 and 180 apply in relation to certificates created after the commencement of those items.
The amendments made by items 7, 15, 19, 114, 125, 130, 131, 133, 134, 135 and 145 to 152 apply in relation to amounts that a liable entity becomes liable to pay after the commencement of those items.
195
Application—applications for accreditation of a power station The amendments made by items 30, 31, 32, 34, 38 and 181 apply in relation to applications made after the commencement of those items.
196
Application—time limit for deciding applications The amendment made by item 42 (in so far as it inserts section 15A of the
Renewable Energy (Electricity) Act 2000 ) applies in relation to applications made after the commencement of that item.
The amendments made by items 43 and 49 apply in relation to electricity generated after the commencement of those items.
198
Transitional—electricity generated before commencement A person is not entitled to create a certificate under section 18 of the
Renewable Energy (Electricity) Act 2000 , in respect of electricity generated before this item commences, at any time after the end of the year after the year in which this item commences.Note: Section 24 of that Act creates offences for the improper creation of certificates.
199
Application—solar water heaters and small generation units
Creation of solar water heater certificates etc. (1) The amendments made by items 54, 55, 57 and 58 apply in relation to solar water heaters installed after the commencement of those items.
Creation of small generation unit certificates (2) The amendments made by items 59, 60 (in so far as it inserts subsection 23A(2) of the
Renewable Energy (Electricity) Act 2000 ), 65 and 66 apply in relation to small generation units installed after the commencement of those items.(3) The amendments made by items 60 (in so far as it inserts subsection 23A(3) of the
Renewable Energy (Electricity) Act 2000 ), 61 and 62 apply in relation to small generation units installed before or after the commencement of those items.
Assignment of right to create small generation unit certificates (4) The amendments made by items 63 and 64 apply in relation to assignments made after the commencement of those items in relation to small generation units installed before or after that commencement.
Returns (5) The amendment made by item 67 applies in relation to years ending after the commencement of that item.
The amendment made by item 74 applies in relation to certificates created before or after the commencement of that item.
201
Application—relevant acquisitions of electricity The amendments made by items 81 and 84 apply in relation to acquisitions of electricity occurring in the year ending 31 December 2006 or in any later year.
Regulations in force for the purposes of subsection 44(5) of the
Renewable Energy (Electricity) Act 2000 immediately before the commencement of this item have effect after that commencement as if they were regulations made for the purposes of that subsection after that commencement.
The amendments made by items 172, 173 and 174 apply in relation to proceedings instituted after the commencement of those items.
The amendment made by item 175 applies in relation to years ending after the commencement of that item.
205
Application—register of accredited power stations The amendment made by item 178 applies in relation to power stations accredited before or after the commencement of that item.
(1) This item applies in relation to a power station that was accredited under Division 3 of Part 2 of the
Renewable Energy (Electricity) Act 2000 before the commencement of this item.(2) The Regulator must, within 28 days after the commencement of that item, approve a person as the nominated person for the power station.
Note: The register of accredited power stations is to contain the name of the nominated person for an accredited power station: see section 138 of the
Renewable Energy (Electricity) Act 2000 .(3) The person approved must be a stakeholder in relation to the power station.
Note: Another stakeholder in relation to the power station may later apply to the Regulator to become the nominated person for the power station: see section 30B of the
Renewable Energy (Electricity) Act 2000 .(4) The approval must be in writing and is taken to be an approval given under section 30B of the
Renewable Energy (Electricity) Act 2000 .(5) For the purposes of section 66 of the
Renewable Energy (Electricity) Act 2000 :
(a) the approval is taken to be a reviewable decision; and
(b) the affected person in relation to that decision is taken to be any other stakeholder in relation to the power station.
(6) For the purposes of this item,
stakeholder , in relation to a power station, means:
(a) a person who operates the power station (whether alone or together with one or more other persons); or
(b) a person who owns all, or a part, of the power station (whether alone or together with one or more other persons).
207
Transitional—relevant acquisitions of electricity
(1) This item applies if:
(a) a person has lodged an energy acquisition statement for the year (the
applicable year ) ending on 31 December 2001, 31 December 2002, 31 December 2003, 31 December 2004 or 31 December 2005; and(b) the amount of electricity specified in the statement as having been acquired under relevant acquisitions is greater than the amount that would have been acquired under relevant acquisitions if the amendments made by items 81 and 84 had applied to the applicable year.
(2) If this item applies, the amount of electricity acquired under relevant acquisitions during the applicable year is taken to be the amount that would have been acquired under relevant acquisitions if the amendments made by items 81 and 84 had applied to the applicable year.
(3) If, after the application of this item, the person has a carried forward surplus at the end of the applicable year, the Regulator may, upon written application by the person:
(a) reduce the carried forward surplus of the person for the applicable year (which may be to nil); and
(b) reduce the renewable energy certificate shortfall of another person for the applicable year by a corresponding amount.
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