Victorian Energy Efficiency Target Act 2007 (Vic)
Version No. 023
Victorian Energy Efficiency Target Act 2007
No. 70 of 2007
Version incorporating amendments as at
1 July 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purpose
2Commencement
3Definitions
3AMeaning of scheme participant
4Objects
5Crown to be bound
6Extra-territorial operation
6ARelevant legislation
Part 2—Administration
7Role of ESC
7APublishing and reporting information about certificate transfers
7BESC may provide advice and support
8Approved interstate energy efficiency regime
Part 3—Energy efficiency certificates
Division 1—Accredited persons
Subdivision 1—Application for grant or renewal of accreditation
9Who may apply to be accredited?
9ATiming of application for renewal
9BApplication for renewal made after expiry
9CNo application if suspended or disqualified
10ESC may require consent or undertaking from applicant for accreditation
10AESC may request further information from applicant
10BFit and proper person
10CCompetent and capable person
Subdivision 2—Grant of accreditation
11ESC to approve or refuse application
12Time limit for deciding applications
13ESC to allocate accreditation numbers
13ANotice of approval or refusal of application
13BPeriod of accreditation
13CConditions of accreditation
13DApplication to vary conditions of accreditation
Subdivision 3—Suspension, cancellation and disqualification from accreditation
14Suspension or cancellation of accreditation or disqualification from applying for accreditation
14ANotice of proposed action
14ABImmediate suspension and notice of proposed action
14ACRequest for extension of time for submissions
14ADRequest by ESC for further information
14AEProtection against self-incrimination
14AFTime for making determination
14AGDecision of ESC
14BESC may impose conditions at end of suspension
14CRequest to cancel accreditation
Subdivision 4—Matters relating to accreditation
14DDuty to disclose matters adverse to accreditation
14EProtection against self-incrimination
14FContinuing professional development obligations
14FATraining and competency requirements for scheme participants
14GPrescribed code of conduct
14HOffence to contravene prescribed code of conduct requirement
Division 2—Prescribed activities
15Prescribed activities
15AOffence to undertake prescribed activity without accreditation
15BOffence to undertake prescribed activity on behalf of person without accreditation
Division 3—Creation of certificates
16Who may create a certificate?
17When can a certificate be created?
18How many certificates may be created in respect of a prescribed activity
19Declaration of discount factors
20Offences and civil obligations relating to creation of certificates
20AOffence to create certificate in certain circumstances
Division 4—Form, registration, expiry and transfer of certificates
21Form and content of certificates
22Certificates must be registered
23Expiry of certificate
24Certificates may be transferred
Division 5—Retirement of certificates
25Owner may surrender certificate voluntarily
26Retirement of certificates
Division 6—VEET scheme registry accounts
26AApplication for VEET scheme registry account
26BApproval of application
26CConditions of approval
26DSuspension of VEET scheme registry account
26ENotice of proposed action
26FImmediate suspension and notice of proposed action
26GRequest for extension of time for submissions
26HRequest by ESC for further information
26IProtection against self-incrimination
26JTime for making decision
26KDecision of ESC after giving notice
26LESC may impose conditions at end of suspension
26MCancellation of VEET scheme registry account
26NPermission to transfer or surrender certificates while account cancelled or suspended
26OOffence to hold certificate without account
26POffence to transfer or surrender certificate in certain circumstances
Part 4—Energy efficiency certificate shortfall and VEET scheme target
27Energy efficiency certificate shortfall
28Civil penalty for shortfall
29Calculation of energy efficiency certificate shortfall
30VEET scheme target
31Greenhouse gas emissions liability for relevant entity
32Greenhouse gas reduction rates
32AEffect of specified Order made under section 32
Part 5—Statements and surrender of certificates
33Annual energy acquisition statements
34Restrictions on certificates that can be surrendered
35Fees for surrender of certificates
Part 6—Enforcement
36Shortfall statement
37Application for declaration and order for payment of shortfall penalty
37AOffence to contravene shortfall statement
38Certificate surrender notice
39Application for declaration and order requiring surrender of certificates
40ESC may require surrender of certificates if certificates improperly created
40AESC may give warning or impose condition
40ABESC may issue improvement notice
40ACESC may issue prohibition notice
40ADApplication for revocation or variation of prohibition notice
40AEESC may revoke or vary prohibition notice on its own initiative
Part 6A—Civil penalty requirements
40BCivil penalty requirements
40CNotice penalties
40DContravening a civil penalty provision is not an offence
Part 7—Powers of authorised officers
Division 1—Appointment of authorised officers
41Appointment of authorised officers
42Identity cards
Division 2—Powers of authorised officer
43When may powers be exercised?
44Entry to premises
45Information to be provided to occupier on entry
46Entry with consent
47Entry with monitoring warrant
48Monitoring powers of authorised officers
49Authorised officer may ask for information
50Authorised officer may require information
51Failure to produce documents or answer questions
52Protection against self-incrimination
Division 3—Occupiers' rights and responsibilities
53Occupier may be present during execution of warrant
54Occupier to provide authorised officer with assistance
Division 4—Monitoring warrants
55Monitoring warrants
Part 7A—Audits
Division 1—Compliance audits
55ACompliance audit
55BNotice of compliance audit by ESC
55CReport of compliance audit by ESC
55DNotice of compliance audit by independent auditor
55EIndependent auditor must comply with guidelines
55FObligations of accredited person
Division 2—Assurance audits
55GAssurance audit
55HNotice of assurance audit by independent auditor
55IIndependent auditor must comply with guidelines
55JObligations of accredited person
55KSchedule for conduct of assurance audits
Division 3—Auditor requirements
55LList of independent auditors
55MAppointment of independent auditor
Division 4—Other matters relating to audits
55NOffence to provide false or misleading information to auditor
55OOffence to withhold information from auditor
55PProtection against self-incrimination
55QConditions or restrictions of accreditation
55RESC may publish audit information
Part 8—General
Division 1—Review of decisions
56Review of decisions by ESC
56AConduct of internal review
56BReview of decisions by VCAT
56CPerson must seek internal review first
56DProceedings for review by VCAT
56EESC to give effect to VCAT decisions
Division 2—Registers
57Registers to be maintained
58Register of accredited persons
59Register of energy efficiency certificates
Division 3—Information provisions
60ESC may obtain information and documents
61Failure to comply with notice
62Protection against self-incrimination
63Copies of documents
64ESC may retain documents
65Disclosure of information an offence
66Information may be disclosed to specified persons or bodies
67ESC must publish certain information
Division 4—General offences
68False or misleading information
69Failure to provide documents
70Offences by bodies corporate
70AProceedings for offences
Division 5—Evidence and records
71Evidence
72Records to be kept by accredited persons and relevant entities
Division 6—Fees
73Fees
Division 7—ESC guidelines
74ESC guidelines
Division 8—Regulations
75Regulations
Division 9—Review of Act
76Review of operation of Act
Division 10—Savings and transitionals
76AADefinitions
76AAccreditation transition period
76BExpiry of accreditation during accreditation transition period
76CApplication for renewal of accreditation during accreditation transition period
76DVEET scheme registry account transition period
76EVEET scheme registry account transition period—existing certificate holders
76EADeemed transfer of certificates on approval of application after transition period end date
76EBTransfer of certificates after transition period end date
76FSavings provision—Victorian Energy Efficiency Target Amendment Act 2022
77Savings provision—Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021
78Reviewable decisions—Victorian Energy Efficiency Target Amendment Act 2022
78AAReferences to revoke or revocation—Victorian Energy Efficiency Target Amendment Act 2022
78ABAssurance audit schedule—Victorian Energy Efficiency Target Amendment Act 2022
79Savings provision—Victorian Energy Efficiency Target Amendment (Energy Upgrades for the Future) Act 2025
Schedule 1—Table of civil penalty requirements and civil penalty amounts
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 023
Victorian Energy Efficiency Target Act 2007
No. 70 of 2007
Version incorporating amendments as at
1 July 2025
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purpose
The purpose of this Act is to promote the reduction of greenhouse gas emissions by establishing the VEET scheme which—
(a)provides for the creation and acquisition of energy efficiency certificates; and
(b)requires the surrender of energy efficiency certificates.
2Commencement
(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision of this Act does not come into operation before 1 January 2009, it comes into operation on that day.
3Definitions
(1)In this Act—
accredited person means a person accredited under Division 1 of Part 3;
AEMO means Australian Energy Market Operator Limited (ACN 072 010 327);
approved interstate energy efficiency regime means a law of another State or a Territory approved under section 8;
assurance audit means an audit conducted under Division 2 of Part 7A;
assurance audit schedule means a schedule published in accordance with section 55K;
business day means a day other than a Saturday or Sunday or a public holiday appointed under the Public Holidays Act 1993;
carried forward surplus has the meaning given by section 29(2)(c);
certificate means an energy efficiency certificate created under Division 3 of Part 3;
code of conduct means a code of conduct prescribed in accordance with section 14G;
competent and capable person means a person who is competent and capable for the purposes of this Act, having regard to the matters specified in section 10C;
compliance audit means an audit conducted under Division 1 of Part 7A;
contractor includes a subcontractor;
CPD obligations means continuing professional development obligations specified in the ESC guidelines for the purposes of section 14F;
energy acquisition statement means an energy acquisition statement under section 33;
energy efficiency certificate shortfall has the meaning given by section 29(2)(a);
energy efficiency shortfall penalty has the meaning given by section 28;
ESC means the Essential Services Commission established under section 7 of the Essential Services Commission Act 2001;
ESC guidelines means the guidelines made by the ESC under section 74;
Essential Services Commission Enforcement Fund means the fund established by section 54ZP of the Essential Services Commission Act 2001;
finding of guilt has the meaning given by section 4 of the Worker Screening Act 2020;
fit and proper person means—
(a)a natural person who is fit and proper for the purposes of this Act, having regard to the matters specified in section 10B; or
(b)a body corporate that is fit and proper for the purposes of this Act, having regard to the matters specified in section 10B in relation to the body corporate and any officer of the body corporate;
gas has the same meaning as it has under section 3 of the Gas Industry Act 2001;
GJ means a gigajoule of energy from the combustion of gas;
greenhouse gas means—
(a)carbon dioxide, methane, nitrous oxide, sulfur hexafluoride, hydrofluorocarbons and perfluorocarbons; and
(b)any other gas prescribed to be a greenhouse gas;
greenhouse gas reduction rate means a rate fixed by Order under section 32(2) or in accordance with section 32(3);
human health includes psychological health;
improvement notice—see section 40AB(1);
independent auditor means an auditor included in the list of independent auditors;
list of independent auditors means the list published by the ESC in accordance with section 55L;
monitoring warrant means a warrant issued under section 55;
MWh means megawatt hour;
* * * * *
occupier in relation to premises, includes a person present at the premises who is in apparent control of the premises;
pending charge has the meaning given by section 6 of the Worker Screening Act 2020;
police officer has the same meaning as in the Victoria Police Act 2013;
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);
prescribed means prescribed by the regulations;
prescribed activity means an activity which is prescribed to be a prescribed activity in accordance with section 15;
prescribed greenhouse gas scheme means—
(a)a voluntary offset scheme; or
(b)a mandatory greenhouse gas scheme; or
(c)any other arrangement—
which promotes the reduction of greenhouse gas emissions and which is prescribed for the purposes of this Act;
produce includes permit access to;
prohibition notice—see section 40AC(1);
register of accredited persons has the meaning given by section 58;
register of energy efficiency certificates has the meaning given by section 59;
registration number has the meaning given by section 13;
regulated action, in relation to a prescribed activity, means any of the following—
(a)lead generation for the prescribed activity;
(b)marketing of the prescribed activity;
(c)entering into a contract for the sale or supply of the prescribed activity;
(d)undertaking the prescribed activity or any part of the prescribed activity;
(e)undertaking any follow-up activity that relates to a prescribed activity;
relevant entity means a person—
(a)who sells either electricity or gas, or both electricity and gas, to customers; and
(b)who makes a scheme acquisition in connection with the sale of either electricity or gas, or the sale of both electricity and gas, to customers; and
(c)who—
(i)has 5000 or more customers to whom either electricity or gas is, or both electricity and gas are, sold to in Victoria; or
(ii)makes a scheme acquisition of 30 000 MWh or more of electricity; or
(iii)makes a scheme acquisition of 350 000 GJ or more of gas—
but does not include a person prescribed not to be a relevant entity for the purposes of this Act;
scheme acquisition means the purchase for on‑sale to a prescribed customer or prescribed class of customers in Victoria of—
(a)electricity from AEMO or a person or body prescribed for the purposes of this paragraph but does not include any acquisition of electricity by AEMO;
(b)gas from a producer, storage provider or interconnected pipeline operator (within the meaning of the National Gas Rules) or from AEMO or a person or body prescribed for the purposes of this paragraph but does not include any acquisition of gas by AEMO;
scheme participant has the meaning given by section 3A;
VEET scheme means the scheme established by this Act;
VEET scheme registry account means an account maintained by the ESC for the holding, transfer and surrender of energy efficiency certificates;
VEET scheme target means the VEET scheme target under section 30;
* * * * *
warrant premises, in relation to a monitoring warrant, means the premises to which the warrant relates;
year means calendar year.
(2)For the purposes of this Act, electricity or gas is taken to be a good that can be acquired.
(3)For the purposes of this Act, the carbon dioxide equivalent of a greenhouse gas means the tonnes of carbon dioxide that have the same global warming potential as a tonne of the greenhouse gas.
3AMeaning of scheme participant
(1)A scheme participant, in relation to a prescribed activity, is a person (other than an accredited person or a consumer of electricity or gas) who—
(a)undertakes the prescribed activity or any part of the prescribed activity on behalf of an accredited person, including as—
(i)an employee of an accredited person; or
(ii)a contractor of an accredited person; or
(iii)an employee of a contractor of an accredited person; or
(b)undertakes any regulated action in respect of the prescribed activity.
(2)A person who is purporting to undertake any part of a prescribed activity on behalf of an accredited person is taken to be a scheme participant if—
(a)the accreditation of the accredited person is suspended or has expired or been cancelled; or
(b)the activity does not meet the requirements of a prescribed activity.
4Objects
The objects of this Act are to—
(a)reduce greenhouse gas emissions;
(b)encourage the efficient use of electricity and gas;
(c)encourage investment, employment and technology development in industries that supply goods and services which reduce the use of electricity and gas by consumers.
5Crown to be bound
This Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
6Extra-territorial operation
It is the intention of the Parliament that the operation of this Act should, so far as possible, include operation in relation to the following—
(a)land situated outside Victoria, whether in or outside Australia;
(b)things situated outside Victoria, whether in or outside Australia;
(c)acts, transactions and matters done, entered into or occurring outside Victoria, whether in or outside Australia;
(d)things, acts, transactions and matters, (wherever situated, done, entered into or occurring) that would, apart from this Act, be governed or otherwise affected by the law of the Commonwealth, another State, a Territory or a foreign country.
6ARelevant legislation
For the purposes of the Essential Services Commission Act 2001—
(a)this Act is relevant legislation; and
(b)the VEET scheme is a regulated industry.
PART 2—ADMINISTRATION
7Role of ESC
(1)The ESC is responsible for the general administration of this Act.
(2)Without limiting subsection (1), the functions of the ESC under this Act include to—
(a)accredit persons who may create certificates;
(b)monitor and administer the creation, registration, transfer and surrender of certificates;
(c)enforce the imposition of energy efficiency shortfall penalties;
(ca)regulate participation in the holding, transfer and surrender of certificates;
(cb)publish information relating to the holding, transfer and surrender of certificates;
(d)undertake compliance audits of accredited persons;
(da)administer the conduct of independent compliance audits and independent assurance audits;
(e)monitor compliance with this Act;
(f)publish information about the operation of this Act.
(3)The ESC must provide a report on the performance of the VEET scheme to the Minister—
(a)after the end of each year after the commencement of this section; and
(b)at the end of any other period as requested by the Minister in writing.
(3A)A report under subsection (3) must include the prescribed matters relating to the holding, transfer and surrender of certificates.
(4)The ESC must include a report on the operation of this Act in its annual report of operations under Part 7 of the Financial Management Act 1994.
7APublishing and reporting information about certificate transfers
The ESC must publish and maintain on its internet site prescribed information relating to the holding, transfer and surrender of certificates.
7BESC may provide advice and support
(1)To promote best practices in the promotion of the objects of this Act, the ESC may provide advice and support to—
(a)accredited persons; and
(b)scheme participants; and
(c)consumers of electricity and gas; and
(d)any other person.
(2)Without limiting subsection (1), the ESC may provide any of the following—
(a)education about, and information in relation to, matters relating to energy efficiency, prescribed activities and regulated actions;
(b)education and training for accredited persons to enable accredited persons to meet their CPD obligations;
(c)education and training for accredited persons and scheme participants to promote the adoption of best practices in undertaking prescribed activities and regulated actions;
(d)in respect of contracts created and executed for prescribed activities—
(i)standardised, recommended or model provisions; and
(ii)templates, manuals or guidelines.
8Approved interstate energy efficiency regime
(1)The Minister, by notice published in the Government Gazette, may approve a law of another State or a Territory to be an approved interstate energy efficiency regime.
(2)The Minister must not approve a law of another State or a Territory to be an approved interstate energy efficiency regime unless he or she is satisfied that—
(a)the approval of that law would complement, and not detract from, the achievement of the purpose and objects of this Act; and
(b)the approval of that law would not impose unreasonable costs on purchasers of electricity or gas in Victoria; and
(c)the law promotes the reduction of greenhouse gas emissions; and
(d)the arrangements for the monitoring, and enforcement, of compliance with that law are no less stringent than those under this Act.
PART 3—ENERGY EFFICIENCY CERTIFICATES
Division 1—Accredited persons
Subdivision 1—Application for grant or renewal of accreditation
9Who may apply to be accredited?
(1)A person may apply to the ESC to—
(a)be an accredited person; or
(b)renew the person's accreditation as an accredited person.
(2)An application for the grant or renewal of accreditation must—
(a)be made in a form and manner required by the ESC; and
(b)contain any information required by the ESC which the ESC considers necessary for the purposes of the VEET scheme; and
(ba)include a declaration that the applicant is, for the purposes of accreditation—
(i)a fit and proper person; and
(ii)a competent and capable person; and
Note
See sections 10B and 10C.
(bb)include the prescribed activities or class of prescribed activities for which accreditation is sought; and
(bc)in the case of an applicant who has been an accredited person within the 12 months prior to the application, include a declaration and a report as to each of the following matters—
(i)the person's compliance with any CPD obligations;
(ii)the person's compliance with any conditions or restrictions of the accredited person's accreditation;
(iii)the prescribed activities (if any) undertaken by the person in the current accreditation period.
Example
This may include the details of any periods in which the person did not undertake any prescribed activities.
(c)be accompanied by any documents required by the ESC which the ESC considers necessary for the purposes of deciding whether to approve the application; and
(d)be accompanied by any relevant fee fixed under section 73.
(3)If required by the ESC under section 10, the applicant must provide to the ESC—
(a)evidence of the kind referred to in section 10(1); and
(b)an undertaking referred to in section 10(2).
(4)If required by the ESC under section 10A, an applicant for renewal of accreditation must provide to the ESC evidence to support the applicant's declaration that the applicant is, for the purposes of accreditation—
(a)a fit and proper person; and
(b)a competent and capable person.
9ATiming of application for renewal
(1)Subject to subsection (2), an accredited person must apply for renewal of accreditation at least 90 days before the date on which the accredited person's accreditation will expire.
Note
A notice given by the ESC to an accredited person on the granting of accreditation or the renewal of accreditation must specify the date by which the accredited person must apply for renewal of accreditation.
(2)The ESC may accept an application for renewal of accreditation less than 90 days before the date on which the accredited person's accreditation will expire if—
(a)the ESC is satisfied that it is appropriate in the circumstances to accept the application; and
(b)the application is accompanied by the fee (if any) fixed under section 73 for a late application.
9BApplication for renewal made after expiry
(1)An application by a person for renewal of accreditation made after the expiry of the person's accreditation is taken to be an application under section 9(1)(a) for the grant of accreditation.
(2)In determining whether to grant accreditation to a person whose accreditation has expired, the ESC may have regard to any of the following matters—
(a)the fact that the person was previously accredited;
(b)the person's compliance with their obligations as an accredited person;
(c)the prescribed activities undertaken by the person while accredited.
9CNo application if suspended or disqualified
An accredited person must not apply for accreditation if the person's accreditation is suspended or disqualified.
10ESC may require consent or undertaking from applicant for accreditation
(1)The ESC may require an applicant under section 9 to consent in writing to the disclosure of information of a kind specified by the ESC and held under a prescribed greenhouse gas scheme.
(2)The ESC may require an applicant under section 9 to give an undertaking not to claim any benefit under a prescribed greenhouse gas scheme if that would result in a benefit being obtained under both that scheme and the VEET scheme in respect of the same activity.
(3)For the purposes of subsection (2), benefit means—
(a)the creation of a certificate under the VEET scheme; or
(b)a benefit under the prescribed greenhouse gas scheme.
10AESC may request further information from applicant
(1)The ESC, by notice, may request an applicant for the grant or renewal of accreditation to provide within a period (not less than 14 days) specified in the notice—
(a)evidence as to whether the applicant is—
(i)a fit and proper person; and
(ii)a competent and capable person; and
Note
See sections 10B and 10C.
(b)in the case of an application for renewal of accreditation, the prescribed activities (if any) undertaken by the applicant while accredited; and
(c)any other information relevant to the application.
(2)Time does not accrue for the purposes of section 12(1) for the period—
(a)commencing on the date of a request under subsection (1); and
(b)ending on the date on which the applicant complies with the request.
(3)The ESC may refuse to grant an application if the applicant fails to comply with a request under subsection (1) within the period specified in the notice.
10BFit and proper person
In determining whether a person is a fit and proper person, the ESC may have regard to any relevant matter, including the following—
(a)a finding of guilt in relation to the person's commission of an offence against this Act or regulations made under it;
(b)a finding of guilt, within the preceding 10 years, in relation to the person's commission of—
(i)an indictable offence; or
(ii)an offence that, if committed in Victoria, would constitute an indictable offence; or
(iii)an offence under any law of the Commonwealth, or another State or a Territory, regulating an energy efficiency regime;
(c)a finding of guilt in relation to the person's commission of an offence involving dishonesty or fraud;
(d)a pending charge for an alleged commission by the person of an offence specified in paragraph (a), (b) or (c);
(e)a failure to comply with—
(i)any provision of this Act or regulations made under it; or
(ii)any conditions of accreditation;
(f)any improper or adverse conduct engaged in by the person, including—
(i)a failure to disclose any information that has been requested of the person by the ESC or that is otherwise required to be provided under this Act or regulations made under it; or
(ii)misleading, false or deceptive conduct;
(g)if the person has been accredited under this Act or under a law of another State or Territory or of the Commonwealth relating to an energy efficiency program—
(i)a suspension, revocation or cancellation of accreditation or disqualification from applying for accreditation; and
(ii)the reason for the suspension, revocation, cancellation or disqualification;
(h)if the person has held an account for the holding, transfer and surrender of certificates under this Act or under a law of another State or Territory or of the Commonwealth relating to an energy efficiency program—
(i)a suspension or cancellation of the person's account; and
(ii)the reason for the suspension or cancellation;
(i)the person becoming or having been insolvent;
(j)the person becoming or having been an officer of an externally-administered company under the Corporations Act;
(k)a failure to comply with an order or decision made by—
(i)a court, VCAT or ESC under this Act; or
(ii)a court or tribunal under a law of the Commonwealth or another State or a Territory relating to an energy efficiency regime;
(ka)a contravention by the person of section 40AC(5);
(l)a failure to disclose any of the above matters;
(m)any other prescribed matter.
10CCompetent and capable person
In determining whether a person is a competent and capable person for the purposes of accreditation, the ESC may have regard to any relevant matter, including the following—
(a)the skills and expertise of the person exercising powers and performing duties as an accredited person, including undertaking a prescribed activity;
Example
The ESC may consider the skills and expertise of a body corporate as a whole and as well as the skills and expertise of key personnel at the body corporate.
(b)whether the person has the appropriate licensing and regulatory approvals for undertaking a prescribed activity;
(c)whether the person and any contractors or employees engaged by the person have appropriate professional accreditations for undertaking a prescribed activity or part of a prescribed activity;
(d)the past performance of the person in undertaking a prescribed activity;
(e)whether the person has appropriate policies and practices to ensure a prescribed activity is undertaken in compliance with relevant occupational health and safety legislation;
(f)whether the person has complied with or incorporated any recommended practices for creating and executing contracts in accordance with this Act or any regulations or guidelines made under it;
(g)whether the person has complied with their CPD obligations;
(ga)whether an improvement notice has been issued to the person and, if so, whether the person has complied with the notice;
(h)any other prescribed circumstances.
Subdivision 2—Grant of accreditation
11ESC to approve or refuse application
(1)If the ESC receives an application that complies with section 9, the ESC must approve the application.
(2)If the ESC is not satisfied that an application complies with section 9, the ESC must refuse the application.
(3)Without limiting subsection (2), the ESC must refuse a person's application for the grant or renewal of accreditation if—
(a)the ESC is not satisfied that the person is a fit and proper person for the purposes of accreditation; or
(b)the ESC is not satisfied that the person is a competent and capable person for the purposes of accreditation; or
(c)the application is not accompanied by the relevant fee.
(4)In determining an application for the grant or renewal of accreditation, the ESC may have regard to any available information about—
(a)any previous conduct of the applicant in exercising powers and performing duties as an accredited person; and
(b)the prescribed activities (if any) undertaken by the applicant while accredited.
Example
The ESC may have regard to any periods during which the applicant did not undertake any prescribed activities.
12Time limit for deciding applications
(1)The ESC must decide an application made under section 9 within—
(a)the period of 20 business days beginning on the day the ESC received the application; or
(b)if before the end of that period the ESC and the applicant agree to a longer period, that longer period.
(2)If during the period applicable under subsection (1), the ESC requests information from an applicant for the purpose of deciding the application, the period between the request and the giving of the information must be disregarded for the purpose of calculating the period applicable under subsection (1).
(3)If the ESC has not decided the application within the period applicable under this section, the ESC is to be taken to have made a decision at the end of that period under section 11 refusing the application.
13ESC to allocate accreditation numbers
If the ESC approves an application for the grant of accreditation under section 11, the ESC must—
(a)allocate the applicant a unique accreditation number; and
(b)advise the applicant of the number.
13ANotice of approval or refusal of application
(1)The ESC must provide an applicant for accreditation or renewal of accreditation written notice of the ESC's decision to approve or refuse the application.
(2)A notice of a decision to approve an application must include—
(a)the date of commencement of accreditation; and
(b)the date of expiry of accreditation; and
(c)the date by which the accredited person must apply for the renewal of accreditation; and
(d)the prescribed activities or class of prescribed activities for which accreditation is granted; and
(e)any other conditions of accreditation.
13BPeriod of accreditation
(1)If the ESC approves an application by a person for the grant of accreditation, the accreditation—
(a)commences on the date on which the ESC approves the application; and
(b)expires 12 months after the date of the grant of accreditation.
Example
If the ESC approves the grant of accreditation to a person on 15 May 2025, the person's accreditation expires on 16 May 2026.
(2)If the ESC approves an application by a person for the renewal of accreditation, the accreditation—
(a)commences on the day the person's accreditation was due to expire; and
(b)expires 12 months after the date of the commencement of accreditation.
Example
An accredited person's accreditation is due to expire on 27 April 2026. The ESC approves the person's renewal of accreditation on 1 February 2026. The accredited person's accreditation renews on 27 April 2026 and expires on 28 April 2027.
(3)Despite subsection (2)(b), an accredited person who applies for renewal of their accreditation before the expiry of their accreditation remains accredited until the ESC determines the application.
(4)This section applies subject to any other provision in relation to the suspension or cancellation of accreditation.
13CConditions of accreditation
(1)Accreditation under section 11 is subject to the condition that the accredited person must only undertake a prescribed activity or class of prescribed activity for which accreditation is granted.
(2)Accreditation under section 11 may be subject to—
(a)any other prescribed conditions; and
(b)any other conditions that the ESC considers appropriate in the circumstances.
(3)The ESC may vary the conditions of accreditation on the application of the accredited person.
13DApplication to vary conditions of accreditation
(1)An accredited person may apply to the ESC in writing for approval to vary the conditions of accreditation.
(2)Without limiting subsection (1), an accredited person may apply to the ESC to vary the prescribed activities or class of prescribed activities that the accredited person may undertake.
(3)An application to vary the conditions of accreditation must be accompanied by the fee (if any) fixed under section 73.
Subdivision 3—Suspension, cancellation and disqualification from accreditation
14Suspension or cancellation of accreditation or disqualification from applying for accreditation
(1)The ESC may take an action referred to in subsection (2) in respect of an accredited person if the ESC believes on reasonable grounds that the accredited person—
(a)has committed an offence against this Act; or
(b)has breached an undertaking given to the ESC under section 10(2); or
(c)has created certificates that do not comply with the requirements of this Act or regulations made under it; or
(d)has failed to comply with the requirements of this Act or regulations made under it relating to the recording or undertaking of prescribed activities; or
(e)has obtained accreditation improperly; or
(f)has contravened a condition or restriction imposed under section 14B or 40A; or
(g)has failed to comply with an order under section 40; or
(ga)has failed to comply with an improvement notice; or
(gb)has contravened section 40AC(5); or
(h)has contravened the person's obligations under section 55F or 55J; or
(i)has contravened a condition or restriction imposed under section 55Q; or
(j)is no longer, for the purposes of accreditation—
(i)a fit and proper person; or
(ii)a competent and capable person.
Note
See sections 10B and 10C.
(2)The ESC, by written notice, may do any of the following in respect of the accreditation of an accredited person specified in subsection (1)—
(a)suspend the person's accreditation for the period (not exceeding 12 months) specified in the notice;
(b)cancel the person's accreditation;
(c)cancel the person's accreditation and disqualify the person from applying for renewal of accreditation for the period (not exceeding 5 years) specified in the notice.
(3)Subject to subsection (2), the ESC may specify a period of suspension or disqualification that the ESC considers to be appropriate in the circumstances.
(4)The ESC must not take the action referred to in subsection (2)(c) unless the ESC is satisfied that, in the circumstances suspension or cancellation of accreditation is not adequate.
14ANotice of proposed action
Before taking an action against an accredited person under section 14, the ESC must give the accredited person written notice—
(a)advising that the ESC is satisfied that there are grounds for taking an action under that section; and
(b)setting out the grounds on which the ESC relies; and
(c)inviting a submission from the person to establish why the ESC should not take the action that it is proposing to take; and
(d)advising that the person may make a written submission to the ESC no later than—
(i)28 days after the day on which the person receives the notice; or
(ii)the date specified in the notice.
14ABImmediate suspension and notice of proposed action
(1)Despite section 14A, the ESC may suspend the accreditation of an accredited person without giving the accredited person a notice under that section if the ESC considers that immediate suspension of the person's accreditation is necessary, having regard to—
(a)whether the person is a fit and proper person for the purposes of accreditation; and
(b)whether the person is a competent and capable person for the purposes of accreditation; and
(c)the purposes of this Act.
(2)On suspending the accreditation of an accredited person under subsection (1), the ESC must give to the accredited person written notice—
(a)stating that the ESC is satisfied that there are grounds for the ESC to—
(i)immediately suspend the person's accreditation; and
(ii)take an action under section 14; and
(b)setting out the grounds on which the ESC relies; and
(c)inviting a submission from the person to establish why the ESC should not take the action under section 14 that it is proposing to take; and
(d)advising that the person may make a written submission to the ESC no later than—
(i)28 days after the day on which the person receives the notice; or
(ii)the date specified in the notice.
Note
See section 14AE which provides protection against self‑incrimination.
14AC Request for extension of time for submissions
(1)A person given notice under section 14A or 14AB may request in writing an extension of time for making a submission to the ESC.
(2)The ESC, by written notice, may extend the time within which the person may make a written submission by no more than 28 days.
14AD Request by ESC for further information
(1)The ESC, by written notice, may request an accredited person to provide within a period (not less than 14 days) specified in the notice—
(a)evidence as to whether the accredited person is—
(i)a fit and proper person; and
(ii)a competent and capable person; and
Note
See sections 10B and 10C.
(b)any other information relevant to person's conduct as an accredited person.
(2)Time does not accrue for the purposes of section 14AF for the period—
(a)commencing on the date of a request under subsection (1); and
(b)ending on the date on which the applicant complies with the request.
14AEProtection against self-incrimination
A person may refuse or fail to comply with a request under section 14AD(1) of the disclosure of information to the ESC would tend to incriminate the person.
14AFTime for making determination
The ESC must determine whether to take an action under section 14—
(a)if the accredited person has made a submission to the ESC, within 28 days of receiving the submission; or
(b)if the accredited person has not made a submission to the ESC within the specified time period, within 10 days of the end of that period.
14AG Decision of ESC
(1)After giving notice to an accredited person under section 14A or 14AB and considering any submissions made by the person and any other available information, the ESC may—
(a)cancel any suspension imposed under section 14AB(1); or
(b)take any action under section 14; or
(c)take no further action.
(2)The ESC must give an accredited person a statement of written reasons for a decision to take any action under section 14 in respect of the accredited person.
(3)If the ESC determines to suspend the accreditation of an accredited person for a specified period, any period of suspension imposed under section 14AB(1) until the date of the ESC's determination under this section is to be deducted from the specified period of suspension.
14BESC may impose conditions at end of suspension
If the ESC suspends the accreditation of an accredited person under section 14 or 14A, at the end of the period of suspension the ESC may impose a condition or restriction on the person's accreditation.
14CRequest to cancel accreditation
(1)An accredited person may, by written notice, request the ESC to cancel the person's accreditation.
(2)If the ESC cancels the person's accreditation, the cancellation takes effect—
(a)when the ESC notifies the person in writing of the cancellation; or
(b)on a date agreed by the ESC and the accredited person.
Subdivision 4—Matters relating to accreditation
14DDuty to disclose matters adverse to accreditation
(1)An accredited person must not, without reasonable excuse, fail to disclose to the ESC any adverse matter within 14 days of becoming aware of the adverse matter.
Penalty:20 penalty units.
(2)In this section, a matter is an adverse matter if it is likely that the ESC, having regard to the matter, would determine that the person is not—
(a)a fit and proper person for the purposes of accreditation; or
(b)a competent and capable person for the purposes of accreditation.
Note
See sections 10B and 10C.
14EProtection against self-incrimination
It is a reasonable excuse for the purposes of section 14D(1) for a person to refuse or fail to disclose an adverse matter within the meaning of that section if the disclosure of the adverse matter would tend to incriminate the person.
14FContinuing professional development obligations
(1)An accredited person must comply with any continuing professional development obligations specified in the ESC guidelines for the purposes of this section within—
(a)the period 30 March of the year of accreditation to 29 March next following; or
(b)any other period specified in the guidelines.
(2)CPD obligations imposed under subsection (1) may relate to an accredited person who is accredited to undertake—
(a)a prescribed activity; or
(b)a class of prescribed activity.
(3)The ESC, by written notice, may at any time request an accredited person to provide within a period (not less than 14 days) specified in the notice any information in relation to the person's compliance with CPD obligations within a particular period.
14FATraining and competency requirements for scheme participants
(1)A scheme participant must not undertake a prescribed activity or any part of a prescribed activity on behalf of an accredited person unless the scheme participant has—
(a)complied with any training and competency requirements specified in the ESC guidelines; and
(b)provided evidence of that compliance to the accredited person.
(2)A scheme participant must not undertake a regulated action on behalf of an accredited person unless the scheme participant has—
(a)complied with any training and competency requirements specified in the ESC guidelines; and
(b)provided evidence of that compliance to the accredited person.
(3)A scheme participant must not provide information to an accredited person that purports to be evidence of the scheme participant's compliance with any training and competency requirements specified in the ESC guidelines and that the scheme participant knows to be false or misleading in a material particular.
Penalty:In the case of a natural person, 30 penalty units;
In the case of a body corporate, 120 penalty units.
(4)A scheme participant must not provide information to an accredited person that purports to be evidence of the scheme participant's compliance with any training and competency requirements specified in the ESC guidelines and that is false or misleading in a material particular.
(5)The ESC, by written notice, may require a scheme participant to provide to the ESC, within 14 days or any longer period specified in the notice, any information or evidence relating to the scheme participant's compliance with any training and competency requirements specified in the ESC guidelines.
14GPrescribed code of conduct
(1)The regulations may prescribe a code of conduct for accredited persons and scheme participants who undertake—
(a)a prescribed activity or any part of a prescribed activity; or
(b)a regulated action.
(2)Without limiting subsection (1), the code of conduct may impose requirements relating to any of the following matters—
(a)the manner and form in which prescribed activities may be promoted;
(b)engaging with consumers of gas and electricity;
(c)the provision of information about prescribed activities, regulated actions and other related matters;
(d)processes to be complied with when undertaking a prescribed activity or regulated action;
(e)dispute resolution processes in relation to a prescribed activity or regulated action.
(3)For the purposes of section 14H, the regulations may prescribe any requirement specified in the code of conduct to be a requirement that must be complied with in the undertaking of a prescribed activity or regulated action.
14HOffence to contravene prescribed code of conduct requirement
A person who undertakes a prescribed activity or a regulated action must not contravene a prescribed code of conduct requirement that applies in relation to the prescribed activity or regulated action.
Penalty:In the case of a natural person, 60 penalty units;
In the case of a body corporate, 240 penalty units.
Division 2—Prescribed activities
15Prescribed activities
(1)Regulations made under section 75 may prescribe an activity in Victoria or in another State or Territory in which an approved interstate energy efficiency regime is in force to be a prescribed activity.
(2)An activity may be prescribed to be a prescribed activity if the activity will result in a reduction in greenhouse gas emissions that would not otherwise have occurred if the activity was not undertaken.
(3)Without limiting the generality of subsection (2), an activity of the following kind is an activity that will result in a reduction in greenhouse gas emissions that would not otherwise have occurred if the activity was not undertaken—
(a)modifying or replacing an appliance, a structure or any equipment so as to reduce consumption of electricity or gas where there is no negative effect on output;
(ab)modifying an appliance or any equipment so that it reduces the consumption of electricity or gas at times or in circumstances where that consumption would be unnecessary or inefficient, or installing an appliance or any equipment that performs that function;
(b)replacing any equipment or system that uses electricity or gas and emits relatively high levels of greenhouse gases with an energy source that emits relatively low levels of greenhouse gases;
(c)purchasing an appliance or any equipment for the purpose of being installed which has an efficiency rating prescribed as a high efficiency rating for an appliance or equipment of that kind or class;
(d)installing an appliance or any equipment which has an efficiency rating prescribed as a high efficiency rating for an appliance or equipment of that kind or class;
(e)generating or providing information regarding the electricity or gas consumption, or the energy efficiency, of particular premises, appliances, structures or equipment.
(4)An activity may be prescribed to be a prescribed activity whether or not a law requires that activity to be undertaken.
(5)In determining whether a prescribed activity has been undertaken, it does not matter that it was undertaken because a law required it to be undertaken.
(6)Without limiting anything in this section or in section 75, the regulations may prescribe, as a prescribed activity, an activity that is undertaken in respect of a consumer of electricity or gas who belongs to a prescribed class.
15AOffence to undertake prescribed activity without accreditation
A person (other than a scheme participant) must not undertake a prescribed activity or any part of a prescribed activity if—
(a)the person is not accredited to undertake the prescribed activity; or
(b)the undertaking of the prescribed activity or any part of the prescribed activity is contrary to a condition of the person's accreditation; or
(c)the person's accreditation is suspended or has expired or been cancelled.
Penalty:In the case of a natural person, 60 penalty units;
In the case of a body corporate, 240 penalty units.
15BOffence to undertake prescribed activity on behalf of person without accreditation
A person (other than an accredited person) must not undertake a prescribed activity or any part of a prescribed activity on behalf of another person, whether as an employee, contractor or employee of a contractor of that other person, if—
(a)the other person is not accredited to undertake the prescribed activity; or
(b)the undertaking of the prescribed activity or any part of the prescribed activity is contrary to a condition of the other person's accreditation; or
(c)the other person's accreditation is suspended or has expired or been cancelled.
Penalty:In the case of a natural person, 60 penalty units;
In the case of a body corporate, 240 penalty units.
Division 3—Creation of certificates
16Who may create a certificate?
(1)Subject to sections 17 and 18, any of the following persons may create a certificate in relation to a prescribed activity if the person is an accredited person—
(a)the consumer of electricity or gas in respect of whom the prescribed activity is undertaken;
(b)if the prescribed activity is the sale of an appliance or any equipment which has an efficiency rating prescribed as a high efficiency rating for an appliance or equipment of that kind or class, the person who sells the appliance or equipment;
(c)a person who is the holder of an assignment of a right to create a certificate made by a person referred to in paragraph (a) or (b).
(2)For the purposes of subsection (1)(a), the owner of a premises who is not a consumer of electricity or gas at the premises is taken to be the consumer if the owner—
(a)is the landlord of the premises and has arranged for the prescribed activity to be undertaken at the premises; or
(b)is undertaking the construction or renovation of the premises and the premises are not currently connected for electricity or gas.
(2A)If a prescribed activity is undertaken in relation to public lighting, the person responsible for the payment for the electricity or gas supplied for public lighting purposes is taken to be the consumer of electricity or gas in respect of whom that activity is undertaken for the purposes of subsection (1)(a).
(3)An assignment for the purposes of subsection (1)(c) must be made—
(a)by—
(i)written notice; or
(ii)by notice in a manner that is prescribed, in the case of a prescribed activity that is prescribed for the purposes of this subparagraph; and
(b)subject to subsection (3A), in the manner and form specified in the ESC guidelines.
(3A)An assignment for the purposes of subsection (1)(c) must contain any information specified in the ESC guidelines.
(4)If a person makes an assignment in accordance with subsection (3), the person ceases to be entitled to create the certificate or certificates in respect of the prescribed activity to which the assignment relates.
(5)In this section, owner has the same meaning as in the Subdivision Act 1988.
17When can a certificate be created?
(1)A certificate can only be created if the prescribed activity has been undertaken on or after the commencement of the VEET scheme and before 1 January 2046.
(2)A certificate must be created not later than 6 months after the end of the year in which the reduction in greenhouse gas emissions that results from the prescribed activity occurs.
(3)Regulations made under section 75 may—
(a)specify for the purposes of subsection (1) when a prescribed activity is to be taken to have been undertaken;
(b)specify for the purposes of subsection (2) when a reduction in greenhouse gas emissions is taken to have occurred with respect to a prescribed activity;
(c)specify whether an accredited person must create all certificates in respect of a prescribed activity at the same time;
(d)prescribe conditions or circumstances under which a certificate cannot be created.
18How many certificates may be created in respect of a prescribed activity
(1)An accredited person may create a certificate for each applicable amount of carbon dioxide equivalent of greenhouse gases to be reduced by the prescribed activity as determined in accordance with this section.
(1AA)The applicable amount for a prescribed activity is—
(a)if no law required that activity to be undertaken—1 whole tonne; or
(b)if a law required that activity to be undertaken, either—
(i)the amount provided for by the regulations in respect of that activity; or
(ii)if the regulations do not so provide, 1 whole tonne.
(1AAB)Regulations made under section 75 may provide for—
(a)an amount in respect of a particular prescribed activity for the purposes of subsection (1AA)(b)(i); or
(b)a method and variables to be used to calculate an amount in respect of a particular prescribed activity for the purposes of subsection (1AA)(b)(i).
(1A)If an amount of carbon dioxide equivalent of greenhouse gases to be reduced by the prescribed activity is less than the applicable amount but greater than or equal to half the applicable amount, the accredited person may create 1 certificate in respect of the carbon dioxide equivalent of greenhouse gases to be reduced by the prescribed activity.
(2)Regulations made under section 75 may provide for the method and variables to be used to calculate the carbon dioxide equivalent of greenhouse gases to be reduced by the prescribed activity for the purposes of this section.
(3)The method and variables to be used to calculate the carbon dioxide equivalent of greenhouse gases to be reduced by a prescribed activity may provide for the calculation, if the prescribed activity was undertaken because a law required a prescribed activity to be undertaken, of the reduction that is additional to what compliance with that law entailed.
(4)If a method and variables is provided for in respect of a prescribed activity as described in subsection (3), a reference in this Act to the carbon dioxide equivalent of greenhouse gases to be reduced by the activity is a reference to the additional reduction described in that subsection.
19Declaration of discount factors
(1)This section applies if the Minister proposes to make a declaration specifying the discount factors which are to be used to calculate the carbon dioxide equivalent of greenhouse gas emissions to be reduced by a prescribed activity or a class of prescribed activities for the purposes of section 18(1).
(2)Without limiting the generality of subsection (1), the discount factors are to take into account any uncertainty associated with the reduction of greenhouse gas emissions that would eventuate from a specified prescribed activity or specified class of prescribed activities but for the existence of the VEET scheme.
(3)The Minister must publish in the Government Gazette a notice of intention to declare a discount factor specifying—
(a)the proposed discount factor;
(b)the prescribed activity or class of prescribed activities in respect of which the discount factor is proposed;
(c)the reasons for the proposed discount factor;
(d)the procedures for the making and consideration of submissions.
(4)If after complying with subsection (3), the Minister determines to make the declaration, the Minister may make the declaration by notice published in the Government Gazette.
(5)A notice under subsection (4) must—
(a)contain a copy of the declaration; and
(b)specify the date from which the declaration is to take effect.
* * * * *
20Offences and civil obligations relating to creation of certificates
(1)A person who is not an accredited person must not create a certificate under this Act.
Penalty:60 penalty units in the case of an individual;
240 penalty units in the case of a body corporate.
* * * * *
(3)An accredited person must not create a certificate in respect of a prescribed activity which occurred before the person applied for accreditation under section 9.
Penalty:60 penalty units in the case of an individual;
240 penalty units in the case of a body corporate.
(4)An accredited person must not create a certificate during any period in which accreditation under section 9 is suspended in accordance with section 14 or 14A.
Penalty:60 penalty units in the case of an individual;
240 penalty units in the case of a body corporate.
(5)An accredited person must not create a certificate in respect of a reduction in greenhouse gas emissions resulting from a prescribed activity if the accredited person—
(a)has previously created a valid certificate under this Act in respect of that reduction in greenhouse gas emissions; or
(b)has knowledge that another person has previously created a valid certificate under this Act in respect of that reduction in greenhouse gas emissions.
Penalty:60 penalty units in the case of an individual;
240 penalty units in the case of a body corporate.
(6)An accredited person must not create a certificate in respect of a prescribed activity if the accredited person or another person has previously obtained any benefit in respect of that prescribed activity under a prescribed greenhouse gas scheme.
Penalty:60 penalty units in the case of an individual;
240 penalty units in the case of a body corporate.
(7)An accredited person must not create a certificate that the person knows—
(a)contains incorrect information in respect of a prescribed activity; or
(b)does not comply with the requirements of this Act or the regulations for creating certificates or recording prescribed activities.
Penalty:60 penalty units in the case of an individual;
240 penalty units in the case of a body corporate.
(8)An accredited person must not create a certificate that—
(a)contains incorrect information in respect of a prescribed activity; or
(b)does not comply with the requirements of this Act or the regulations for creating certificates or recording prescribed activities.
20AOffence to create certificate in certain circumstances
A person must not create a certificate in contravention of a condition or restriction of the person's accreditation.
Penalty:In the case of a natural person, 60 penalty units;
In the case of a body corporate, 240 penalty units.
Division 4—Form, registration, expiry and transfer of certificates
21Form and content of certificates
(1)A certificate must be created in an electronic form specified in the ESC guidelines.
(2)A certificate must contain—
(a)a unique identification code;
(b)the name of the consumer of electricity or gas;
(c)the date on which the prescribed activity occurred;
(d)details of the prescribed activity;
(da)the date on which the reduction in greenhouse gas emissions resulting from the prescribed activity occurred;
(e)the date on which the certificate was created.
(3)A certificate's unique identification code consists of the following in the following order—
(a)the accredited person's registration number;
(b)the year;
(c)a number in an unbroken sequence, that is used for all certificates issued by the accredited person in that year, that starts at one and has increments of one.
(4)The ESC may require—
(a)a certificate to contain any information specified in subsection (5); or
(b)the accredited person to provide to the ESC any information specified in subsection (5) with the certificate.
(5)For the purposes of subsection (4), the following information is specified—
(a)the consumer's contact details;
(b)the address of the premises at which the prescribed activity was undertaken;
(c)the name and contact details of any scheme participant who—
(i)undertook the prescribed activity or any part of the prescribed activity; or
(ii)undertook a regulated action in relation to the prescribed activity;
(d)the ABN of a scheme participant described in paragraph (c);
(e)any other information specified in the ESC guidelines that the ESC considers necessary for the purposes of the VEET scheme.
22Certificates must be registered
(1)A certificate is not valid until it has been registered by the ESC.
(2)If the ESC is notified that a certificate has been created, the ESC must decide whether the certificate is eligible for registration.
(3)A certificate is eligible for registration if—
(a)the certificate complies with the requirements of this Act or the regulations for creating certificates and recording prescribed activities; and
(b)the ESC has been paid any relevant fee fixed under section 73 for registration of the certificate.
(4)If the ESC decides that a certificate is eligible for registration, the ESC must, subject to subsection (5), create an entry for the certificate in the register of energy efficiency certificates and record the person who created the certificate as the owner of the certificate.
(5)If the ESC decides that a certificate is not eligible for registration or that a certificate has been created in contravention of section 20, the ESC must—
(a)not register the certificate; and
(b)notify the person who created the certificate that the certificate has not been registered.
(6)The ESC may make a decision under subsection (5) in relation to all certificates that have been created by an accredited person but not yet registered if—
(a)the ESC has conducted an audit or investigation of a sample of those certificates; and
(b)the ESC forms the view that the audit or investigation indicates that a high proportion of the total of those certificates would not be eligible for registration or would have been created in contravention of section 20.
23Expiry of certificate
(1)A certificate expires—
(a)on the day which is the sixth anniversary of the day on which the prescribed activity was undertaken; or
(b)if it is surrendered to the ESC before the certificate expires under paragraph (a), on the day on which it is surrendered.
(2)If a certificate expires, the ESC must alter the entry relating to the certificate in the register of certificates to show that the certificate has expired and is no longer valid.
24Certificates may be transferred
(1)A certificate registered under section 22 may be transferred to a person who holds a VEET scheme registry account.
(2)The ESC must be notified of the transfer of a certificate.
(2A)The notification must include any information specified in the ESC guidelines.
(3)The notification must be by electronic transmission in the manner specified in the ESC guidelines.
(4)The notification must be accompanied by any relevant fee fixed under section 73.
(5)If the ESC is notified in accordance with this section, the ESC must alter the register of certificates to show the transferee as the owner of the certificate.
Division 5—Retirement of certificates
25Owner may surrender certificate voluntarily
(1)Subject to subsection (4), the owner of a certificate may voluntarily surrender the certificate under this section.
Note
Certificates may also be surrendered under section 33, 38, 39 or 40.
(2)The owner of a certificate, must at the same time, give the ESC, reasons in writing, why the certificate is being surrendered.
(3)A certificate surrendered under this section must not be included in an energy acquisition statement.
(4)The owner of a certificate must not voluntarily surrender the certificate in contravention of a Ministerial order made under subsection (7).
(5)The Minister must publish in the Government Gazette a notice of intention to disallow the voluntary surrender of certificates for a specified period.
(6)A notice under subsection (5) must include—
(a)the proposed period of disallowance; and
(b)the reasons for the proposed period of disallowance; and
(c)the procedures for the making and consideration of submissions.
(7)If the Minister, after complying with subsection (5), determines that the limitation on the voluntary surrender of certificates is necessary to protect the integrity of the operation of this Act, the Minister may make the order to limit the voluntary surrender of certificates for a specified period by notice published in the Government Gazette.
26Retirement of certificates
(1)If a certificate is surrendered under section 25 or 33 or in accordance with section 38, 39 or 40, the certificate ceases to be valid.
(2)If a certificate ceases to be valid, the ESC must alter the entry relating to the certificate in the register of energy efficiency certificates to show that the certificate is no longer valid.
Division 6—VEET scheme registry accounts
26AApplication for VEET scheme registry account
(1)A person may apply to the ESC to open a VEET scheme registry account.
(2)An application to open a VEET scheme registry account must—
(a)include a declaration that the applicant is a fit and proper person for the purposes of holding a VEET scheme registry account; and
Note
See section 10B.
(b)in the case of an application by a body corporate, include details of the officers of the body corporate; and
(c)include any other information requested by the ESC; and
(d)be accompanied by the fee (if any) fixed under section 73.
26BApproval of application
(1)The ESC may approve an application for a VEET scheme registry account if—
(a)the ESC determines that the applicant is a fit and proper person for the purposes of holding a VEET scheme registry account; and
Note
See section 10B.
(b)the applicant does not hold a VEET scheme registry account; and
* * * * *
(d)the application is accompanied by the fee (if any) fixed under section 73.
(2)If the ESC is not satisfied that an application for a VEET scheme registry account complies with subsection (1), the ESC must refuse the application.
(3)Without limiting subsection (2), the ESC must refuse a person's application for a VEET scheme registry account if—
(a)the ESC determines that the person is not a fit and proper person for the purposes of holding a VEET scheme registry account; or
(b)the application is not accompanied by the relevant fee.
26CConditions of approval
Approval of an application to open a VEET scheme registry account may be subject to—
(a)any prescribed conditions; and
(b)any other conditions that the ESC considers appropriate in the circumstances.
26DSuspension of VEET scheme registry account
(1)The ESC may suspend a person's VEET scheme registry account for a period of up to 12 months if—
(a)the ESC determines that the person is not a fit and proper person for the purposes of holding a VEET scheme registry account; or
Note
See section 10B.
(b)the person breaches a condition of holding the VEET scheme registry account.
(2)The ESC may suspend a VEET scheme registry account for a further period of up to 12 months.
26ENotice of proposed action
Before suspending a VEET scheme registry account, the ESC must give the account holder notice—
(a)advising that the ESC is satisfied that there are grounds for suspending the VEET scheme registry account; and
(b)setting out the grounds on which the ESC relies; and
(c)inviting a submission from the account holder to establish why the ESC should not suspend the VEET scheme registry account; and
Note
See section 26I which provides a person with protection against self-incrimination.
(d)advising that the account holder may make a written submission to the ESC no later than—
(i)28 days after the day on which the person receives the notice; or
(ii)the date specified in the notice.
26FImmediate suspension and notice of proposed action
(1)Despite section 26E, the ESC may suspend a VEET scheme registry account without giving the account holder notice under that section if the ESC considers that immediate suspension of the VEET scheme registry account is necessary, having regard to—
(a)whether the account holder is a fit and proper person for the purposes of holding a VEET scheme registry account; and
(b)the purposes of this Act.
(2)On suspending a VEET scheme registry account under subsection (1), the ESC must give the account holder notice—
(a)stating that the ESC is satisfied that there are grounds for the ESC to immediately suspend the VEET scheme registry account; and
(b)setting out the grounds on which the ESC relies; and
(c)inviting a submission from the account holder to establish why the ESC should not suspend the VEET scheme registry account; and
(d)advising that the account holder may make a written submission to the ESC no later than—
(i)28 days after the day on which the person receives the notice; or
(ii)the date specified in the notice.
26GRequest for extension of time for submissions
(1)A person given notice under section 26E or 26F may request in writing an extension of time for making a submission to the ESC.
(2)The ESC, by written notice, may extend the time for making a written submission by no more than 28 days.
26HRequest by ESC for further information
(1)The ESC, by written notice, may request a person who holds a VEET scheme registry account to provide within a period (not less than 14 days) specified in the notice—
(a)evidence as to whether the person is a fit and proper person for the purposes of holding a VEET scheme registry account; and
Note
See section 10B.
(b)any other information relevant to whether the person should hold a VEET scheme registry account.
(2)Time does not accrue for the purposes of section 26J for the period—
(a)commencing on the date of a request under subsection (1); and
(b)ending on the date on which the person complies with the request.
26IProtection against self-incrimination
A person may refuse or fail to comply with a request under section 26H if the disclosure of the information to the ESC would tend to incriminate the person.
26JTime for making decision
The ESC must make a decision under section 26K—
(a)if the person has made a submission to the ESC, within 28 days of receiving the submission; or
(b)if the person has not made a submission to the ESC within the specified time period, within 10 days of the end of that period.
26KDecision of ESC after giving notice
(1)After giving notice to an account holder under section 26E or 26F and considering any submissions made by the account holder and any other available information, the ESC may—
(a)cancel any suspension imposed under section 26F; or
(b)suspend the VEET scheme registry account under section 26D; or
(c)take no further action.
(2)The ESC must give an account holder a statement of written reasons for a decision to suspend a VEET scheme registry account.
(3)Any period of suspension imposed under section 26F until the date of the ESC's decision under this section is to be deducted from a period of suspension under subsection (1)(b).
26LESC may impose conditions at end of suspension
If the ESC suspends a person's VEET scheme registry account under this Division, at the end of the period of suspension the ESC may impose a condition or restriction on the person's VEET scheme registry account.
26MCancellation of VEET scheme registry account
The ESC may cancel a VEET scheme registry account held by a person if the ESC is satisfied, having regard to the circumstances of the case and any other previous suspensions or cancellations of the person's VEET scheme registry account—
(i)training and competency requirements to be complied with by all scheme participants; and
(ii)training and competency requirements to be complied with by scheme participants who undertake specified prescribed activities or parts of prescribed activities or specified regulated actions;
(b)the creation, form and transfer of a certificate;
(ba)the information to be included in a notice for the transfer of a certificate;
(c)the manner in which a prescribed activity is to be undertaken;
(ca)matters relating to the creation and execution of contracts for prescribed activities;
(d)the form of, and the information to be included in, an energy acquisition statement;
(e)the auditing by the ESC of compliance with this Act and regulations made under it;
(ea)the conduct of a compliance audit by an independent auditor;
(eb)the conduct of an assurance audit by an independent auditor;
(f)the auditing of an energy acquisition statement by a third party engaged by a relevant entity;
(g)the records to be kept by an accredited person or a relevant entity;
(h)the information to be contained in the register of accredited persons and the register of energy efficiency certificates;
(i)any other matter that the ESC considers is relevant to the performance of its functions under this Act.
(3)The ESC must publish—
(a)a notice of the issue or amendment of the ESC guidelines in the Government Gazette; and
(b)a copy of the ESC guidelines, as amended from time to time, on the ESC's Internet site.
(3A)Without limiting subsection (3)(a), a notice published under that provision must state where the ESC guidelines are available to view by members of the public.
(4)The ESC guidelines, and any amendments to the ESC guidelines, take effect on—
(a)the day on which notice of the issue or amendment is published in the Government Gazette; or
(b)any later day specified in the ESC guidelines.
Division 8—Regulations
75Regulations
(1)The Governor in Council may make regulations for or with respect to—
(a)prescribing any other gas to be a greenhouse gas;
(b)prescribing a scheme or other arrangement to be a prescribed greenhouse scheme;
(c)specifying a person or body other than AEMO from which a scheme acquisition may be made;
(d)prescribing an activity as a prescribed activity in respect of which a certificate may be created;
(e)prescribing conditions or circumstances under which a certificate cannot be created;
(f)prescribing an efficiency rating which is a high efficiency rating in respect of a kind or class of appliance or equipment;
(g)specifying when a prescribed activity is to be taken to have been undertaken;
(ga)prescribing a code of conduct;
(gb)prescribing code of conduct requirements that must be complied with when undertaking a prescribed activity or a regulated action;
(h)prescribing the manner and form in which an assignment of the right to create a certificate may be made;
(ha)prescribing the notice penalty for a contravention by a regulated entity of a civil penalty requirement specified in column 3 of the Table in Schedule 1;
(i)the method and variables to calculate the carbon dioxide equivalent of greenhouse gases to be reduced by the prescribed activity;
(j)exemptions from any of the requirements applying in respect of the creation of certificates;
(k)prescribing the shortfall penalty rate and providing for the indexation of the rate in accordance with the all groups consumer price index for Melbourne in original terms published by the Australian Bureau of Statistics;
(l)specifying targets for the purposes of section 30;
(m)any matter or thing authorised or required to be prescribed or necessary to be prescribed for carrying this Act into effect.
(2)Regulations made under this Act—
(a)may be of general or of specially limited application;
(b)may differ according to differences in time, place or circumstance;
(c)may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by any government department, municipal council or public authority or any officer thereof;
(d)may confer powers or impose duties in connection with the regulations on any government department, municipal council or public authority;
(e)may apply, adopt or incorporate, with or without modification, the provisions of any Act or of any regulations made under any Act as in force at a particular time;
(f)may apply, adopt or incorporate, with or without modification, any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether—
(i)as formulated, issued, prescribed or published at the time when the regulation is made or any time before the regulation is made; or
(ii)as formulated, issued, prescribed or published from time to time;
(g)may impose a penalty not exceeding 10 penalty units for any contravention of the regulations.
(2A)Regulations made under this Act may, for the purposes of section 16(3)(a)(ii), prescribe, as a manner, a manner that is done before the commencement of section 52 of the Mineral Resources Amendment (Sustainable Development) Act 2010.
(3)The regulations are subject to disallowance by a House of the Parliament.
* * * * *
Division 9—Review of Act
76Review of operation of Act
(1)The Minister must cause an independent review of the operation of this Act, including consideration of—
(a)the extent to which the objects of this Act have been achieved;
(b)the VEET scheme target applying under this Act;
(c)technological developments in industries which supply goods or services which reduce the use of electricity and gas by consumers;
(d)the level of penalties provided for under this Act.
(2)The review must be undertaken by 31 December 2011.
(3)A person who undertakes the review must give the Minister a written report of the review.
(4)The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament.
(5)In this section independent review means a review by persons who—
(a)in the opinion of the Minister possess appropriate qualifications to undertake the review; and
(b)include one or more persons who are not employed by the State or a State authority and have not, since the commencement of this Act, provided services to the State or a State authority under or in connection with a contract.
Division 10—Savings and transitionals
76AA Definitions
In this Division—
accreditation transition period means the period declared by the ESC under section 76A;
existing certificate holder means a person who—
(a)held a certificate immediately before the commencement date within the meaning of section 76D; and
(b)continues to hold the certificate on that commencement date;
transition period end date means the date described in section 76D(1)(b);
VEET scheme registry account transition period means the period described in section 76D(1).
76AAccreditation transition period
(1)The ESC must declare an accreditation transition period for the purposes of sections 76B and 76C.
(2)The accreditation transition period must commence before the first anniversary of the date of commencement of section 12 of the Victorian Energy Efficiency Target Amendment Act 2022.
76BExpiry of accreditation during accreditation transition period
(1)Despite section 13B, during the accreditation transition period, an accredited person's accreditation expires on the earlier of—
(a)the date declared by the ESC in accordance with subsection (2); or
(b)the first anniversary of the date of commencement of the accreditation transition period.
(2)The ESC may declare that, during the accreditation transition period, the accreditation of an accredited person expires on a specified date.
(3)A declaration under subsection (2) may relate to an accredited person who is accredited to undertake—
(a)a prescribed activity; or
(b)a class of prescribed activity.
(4)On making a declaration under subsection (2), the ESC must—
(a)publish the declaration on the ESC's internet site; and
(b)give written notice of the declaration to each accredited person who is accredited to undertake the specified prescribed activity or class of prescribed activity.
* * * * *
76CApplication for renewal of accreditation during accreditation transition period
(1)Despite section 9A, during the accreditation transition period, an accredited person must apply for renewal of accreditation at least 90 days before the date on which the accredited person's accreditation will expire under section 76B(1).
(2)During the accreditation transition period, the ESC may accept an application for renewal of accreditation less than 90 days before the date on which the accredited person's accreditation will expire if—
(a)the ESC is satisfied that it is appropriate in the circumstances to accept the application; and
(b)the application is accompanied by the fee (if any) fixed under section 73 for a late application.
(3)To avoid doubt, during the accreditation transition period, section 9B applies to an application by a person for renewal of accreditation made after the expiry of the person's accreditation.
* * * * *
76DVEET scheme registry account transition period
(1)A VEET scheme registry account transition period applies for the purposes of this section and section 76E for the period—
(a)commencing on the commencement date; and
(b)ending on the earlier of—
(i)the date declared by the ESC; or
(ii)the first anniversary of the commencement date.
(2)For the purposes of subsection (1)(b)(i), the ESC may declare a date that is earlier than the first anniversary of the commencement date.
(3)On making a declaration under subsection (2), the ESC must—
(a)publish the declaration on the ESC's internet site; and
(b)use best efforts to give written notice of the declaration to each existing certificate holder.
(4)In this section—
commencement date means the date of commencement of section 24 of the Victorian Energy Efficiency Target Amendment Act 2022.
* * * * *
76EVEET scheme registry account transition period—existing certificate holders
(1)During the VEET scheme registry account transition period—
(a)an existing certificate holder may hold, transfer or surrender certificates; and
(b)despite section 24(1), a person may transfer a certificate to an existing certificate holder; and
(c)section 26O does not apply to an existing certificate holder; and
(d)the ESC cannot cancel or suspend the holding, transfer or surrender of certificates by the existing certificate holder.
(2)An existing certificate holder must, before the end of the VEET scheme registry account transition period—
(a)apply for a VEET scheme registry account; or
(b)transfer or surrender any certificate held by the existing certificate holder.
(2A)If an existing certificate holder applies for a VEET scheme registry account before the transition period end date and the ESC refuses the application before that date, subsection (1)(a), (c) and (d) continue to apply to that person until the earlier of the following—
(a)the day on which the person has transferred or surrendered all of the certificates held by the person;
(b)the day that is 60 days after—
(i)if the person requests a review under Division 1 of the decision to refuse the application and that review is not finally determined immediately before the commencement date, the day on which the review is finally determined; or
(ii)in any other case, the commencement date.
(3)Subject to subsection (3A), if an existing certificate holder has applied for a VEET scheme registry account before the transition period end date and the ESC has not determined the application before the transition period end date, this section continues to apply to the existing certificate holder until the date on which the ESC determines the application.
(3A)If an existing certificate holder applies for a VEET scheme registry account before the transition period end date and the ESC refuses the application on or after that date, subsection (1)(a), (c) and (d) continue to apply to that person until the earlier of the following—
(a)the day on which the person has transferred or surrendered all of the certificates held by the person;
(b)the day that is 60 days after—
(i)if the person requests a review under Division 1 of the decision to refuse the application, the day on which the review is finally determined; or
(ii)in any other case, the date of the refusal.
(4)Subject to subsections (4A) and (4B) and section 76EA, a person who applies for a VEET scheme registry account ceases to be an existing certificate holder if—
(a)the ESC has determined the application; and
(b)the person has transferred or surrendered all of the certificates held by the person into a VEET scheme registry account.
(4A)If a person's application for a VEET scheme registry account is refused before the transition period end date, that person ceases to be an existing certificate holder on the earlier of the following—
(a)the day on which the person has transferred or surrendered all of the certificates held by the person;
(b)the day that is 60 days after—
(i)if the person requests a review under Division 1 of the decision to refuse the application and that review is not finally determined immediately before the commencement date, the day on which the review is finally determined; or
(ii)in any other case, the commencement date.
(4B)If a person's application for a VEET scheme registry account is refused on or after the transition period end date, that person ceases to be an existing certificate holder on the earlier of the following—
(a)the day on which the person has transferred or surrendered all of the certificates held by the person;
(b)the day that is 60 days after—
(i)if the person requests a review under Division 1 of the decision to refuse the application, the day on which the review is finally determined; or
(ii)in any other case, the date of the refusal.
(5)In this section—
commencement date means the day on which Part 10 of the Victorian Energy Efficiency Target Amendment (Energy Upgrades for the Future) Act 2025 comes into operation.
76EADeemed transfer of certificates on approval of application after transition period end date
If the ESC, on or after the transition period end date, approves the application of an existing certificate holder for a VEET scheme registry account, on the approval of that application—
(a)the person ceases to be an existing certificate holder; and
(b)all of the certificates held by that person at the time of the approval are taken to be transferred to the person.
76EBTransfer of certificates after transition period end date
(1)Despite anything to the contrary in section 24, on and after the transition period end date, a certificate may be transferred to an existing certificate holder if—
(a)the existing certificate holder has applied for a VEET scheme registry account before the transition period end date; and
(b)the ESC has not determined the application.
(2)The transfer of a certificate to an existing certificate holder under subsection (1) is not invalid merely because the existing certificate holder does not hold a VEET scheme registry account at the time of the transfer.
(3)Despite anything to the contrary in section 24, on and after the transition period end date, a person who does not hold a VEET scheme registry account may transfer or surrender a certificate that the person held immediately before the commencement date.
(4)Subsection (3) is repealed on 31 October 2030.
(5)In this section—
commencement date means the date on which section 24 of the Victorian Energy Efficiency Target Amendment Act 2022 comes into operation.
76FSavings provision—Victorian Energy Efficiency Target Amendment Act 2022
Despite the insertion of section 7(3A) by section 21 of the Victorian Energy Efficiency Target Amendment Act 2022, section 7(3A) does not apply to a report provided or requested under section 7(3) before the first anniversary of the commencement of section 21 of the Victorian Energy Efficiency Target Amendment Act 2022.
77Savings provision—Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021
Despite section 73(9)(c), fees fixed under section 73(1) before the commencement of section 76 of the Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021 continue in effect until the earlier of the following days—
(a)the day on which the fees are revoked;
(b)the second anniversary of the day on which the Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021 received the Royal Assent.
78Reviewable decisions—Victorian Energy Efficiency Target Amendment Act 2022
(1)Despite the amendment of Division 1 of Part 8 by Part 7 of the Victorian Energy Efficiency Target Amendment Act 2022, that Division, as in force immediately before the commencement date, continues to apply to the review by the ESC of a reviewable decision that is on foot on the commencement date.
(2)Subject to subsection (1), section 56, as amended by Part 7 of the Victorian Energy Efficiency Target Amendment Act 2022, applies to a decision of the ESC made before, on or after the commencement date.
(3)Section 56B, as inserted by Part 7 of the Victorian Energy Efficiency Target Amendment Act 2022, applies to a reviewable decision for which the ESC has made a decision under section 56(4) on or after the commencement date.
(4)In this section—
commencement date means the date of commencement of Part 7 of the Victorian Energy Efficiency Target Amendment Act 2022.
78AA References to revoke or revocation—Victorian Energy Efficiency Target Amendment Act 2022
A reference in regulations made under this Act or any instrument made under or in relation to this Act—
(a)to "revoke" is taken to be a refence to "cancel"; and
(b)to "cancellation" is taken to be a reference to "revocation".
78ABAssurance audit schedule—Victorian Energy Efficiency Target Amendment Act 2022
The ESC must prepare an assurance audit schedule in accordance with section 55K before the first anniversary of the commencement of section 52 of the Victorian Energy Efficiency Target Amendment Act 2022.
79Savings provision—Victorian Energy Efficiency Target Amendment (Energy Upgrades for the Future) Act 2025
(1)If, immediately before the commencement date, a relevant entity may lodge an energy acquisition statement on a day allowed by the ESC for the purposes of section 33(1)(b), on and after the commencement date that allowed day is taken to be approved by the ESC in accordance with section 33(1B).
(2)Subsection (1) does not apply to a day allowed for the purposes of section 33(1)(b) that is later than 30 June 2025.
(3)In this section—
amending Act means the Victorian Energy Efficiency Target Amendment (Energy Upgrades for the Future) Act 2025;
commencement date means the day on which Part 11 of the amending Act comes into operation.
* * * * *
SCHEDULE 1—TABLE OF CIVIL PENALTY REQUIREMENTS AND CIVIL PENALTY AMOUNTS
| Table of civil penalty requirements and civil penalty amounts | ||||
| 1 | 2 | 3 | 4 | 5 |
| Item | Description of civil penalty requirement | Provision of this Act that is a civil penalty requirement | Regulated entity | Civil penalty amount |
| 1AA | Undertaking a prescribed activity without complying with training and competency requirements and providing evidence of compliance | section 14FA(1) | scheme participant | 60 penalty units for natural person; 240 penalty units for body corporate |
| 1AAB | Undertaking a regulated action without complying with training and competency requirements and providing evidence of compliance | section 14FA(2) | scheme participant | 60 penalty units for natural person; 240 penalty units for body corporate |
| 1AAC | Providing information to an accredited person that purports to be evidence of compliance and that is false or misleading in a material particular | section 14FA(4) | scheme participant | 30 penalty units for natural person; 120 penalty units for body corporate |
| 1 | Breach of prescribed code of conduct requirement | section 14H | accredited person or scheme participant | 60 penalty units for natural person; 240 penalty units for body corporate |
| 2 | Undertaking a prescribed activity without accreditation or outside of scope of accreditation | section 15A | accredited person or person who is not accredited to undertake the prescribed activity | 60 penalty units for natural person; 240 penalty units for body corporate |
| 3 | Undertaking a prescribed activity on behalf of person who does not have accreditation or outside of scope of their accreditation | section 15B | scheme participant | 60 penalty units for natural person; 240 penalty units for body corporate |
| 4 | Creation of more than one certificate in respect of reduction of greenhouse gas emissions | section 20(5)(a) | accredited person | 60 penalty units for natural person; 240 penalty units for body corporate |
| 5 | Creation of certificate in respect of a prescribed activity for which a benefit has already been obtained | section 20(6) | accredited person | 60 penalty units for natural person; 240 penalty units for body corporate |
| 5A | Creation of certificate that contains incorrect information or does not comply with requirements of this Act or the regulations | section 20(8) | accredited person | 60 penalty units for natural person; 240 penalty units for body corporate |
| 6 | Creation of certificate in breach of a condition or restriction on accreditation | section 20A | accredited person | 60 penalty units for natural person; 240 penalty units for body corporate |
| 7 | Holding a certificate without a VEET scheme registry account | section 26O | any person | 60 penalty units for natural person; 240 penalty units for body corporate |
| 8 | Transferring or surrendering a certificate while VEET scheme registry account is cancelled or suspended without authority to do so | section 26P | account holder | 60 penalty units for natural person; 240 penalty units for body corporate |
| 9 | Failure to pay shortfall penalty in accordance with shortfall statement | section 37A | relevant entity | 240 penalty units for body corporate |
| 10 | Failure to comply with a certificate surrender order issued under section 38(1) | section 38(2) | accredited person to whom the ESC has issued a certificate surrender notice in accordance with section 38(1) | 600 penalty units and an additional penalty unit for each certificate not surrendered |
| 11 | Failure to comply with a certificate surrender notice issued under section 40(1) | section 40(2) | person to whom the ESC has issued a certificate surrender notice in accordance with section 40(1) | 600 penalty units and an additional penalty unit for each certificate not surrendered |
| 12 | Failure to comply with an improvement notice | section 40AB(5) | person to whom the ESC has issued an improvement notice | 60 penalty units for natural person; 240 penalty units for body corporate |
| 13 | Failure to comply with a prohibition notice | section 40AC(4) | person to whom the ESC has issued a prohibition notice | 60 penalty units for natural person; 240 penalty units for body corporate |
| 14 | Giving false or misleading information or producing a false or misleading document | section 68(2) | any person | 60 penalty units for natural person; 240 penalty units for body corporate |
| 15 | Contravention of record keeping requirements | section 72(7) | accredited person or relevant entity | 60 penalty units for natural person; 240 penalty units for body corporate |
═══════════════
ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 1 November 2007
Legislative Council: 21 November 2007
The long title for the Bill for this Act was "A Bill for an Act to promote the reduction of greenhouse gas emissions by establishing the Victorian Energy Efficiency Target scheme and to amend the Essential Services Commission Act 2001 to confer functions on the Essential Services Commission and for other purposes."
The Victorian Energy Efficiency Target Act 2007 was assented to on 11 December 2007 and came into operation on 1 January 2009: section 2(2).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Victorian Energy Efficiency Target Act 2007 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Victorian Energy Efficiency Target Act 2007, No. 70/2007
Assent Date: 11.12.07 Commencement Date: S. 79 on 1.1.10: s. 79; s. 75A(6) inserted on 1.7.23 by No. 34/2022 s. 67: Special Gazette (No. 333) 27.6.23 p. 1 Note: S. 75A(6) repealed s. 75A on 1.7.25 Current State: This information relates only to the provision/s amending the Victorian Energy Efficiency Target Act 2007
Energy Legislation Amendment (Australian Energy Market Operator) Act 2009, No. 23/2009
Assent Date: 17.6.09 Commencement Date: S. 35 on 1.7.09: Special Gazette (No. 222) 30.6.09 p. 1 CurrentState: This information relates only to the provision/s amending the Victorian Energy Efficiency Target Act 2007
Energy and Resources Legislation Amendment Act 2010, No. 55/2010
Assent Date: 14.9.10 Commencement Date: S. 85 on 15.9.10: s. 2(2); s. 84 on 14.10.10: Government Gazette 14.10.10 p. 2404 CurrentState: This information relates only to the provision/s amending the Victorian Energy Efficiency Target Act 2007
Mineral Resources Amendment (Sustainable Development) Act 2010, No. 59/2010
Assent Date: 14.9.10 Commencement Date: Ss 52, 53 on 14.10.10: Government Gazette 14.10.10 p. 2405 CurrentState: This information relates only to the provision/s amending the Victorian Energy Efficiency Target Act 2007
Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011, No. 59/2011
Assent Date: 8.11.11 Commencement Date: Ss 24–33 on 1.1.12: Special Gazette (No. 407) 13.12.11 p. 1 CurrentState: This information relates only to the provision/s amending the Victorian Energy Efficiency Target Act 2007
Energy Legislation Amendment (Feed-in Tariffs and Other Matters) Act 2013, No. 35/2013
Assent Date: 18.6.13 Commencement Date: Ss 16–21 on 10.7.13: Special Gazette (No. 257) 9.7.13 p. 1 CurrentState: This information relates only to the provision/s amending the Victorian Energy Efficiency Target Act 2007
Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014
Assent Date: 3.6.14 Commencement Date: S. 10(Sch. item 178) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 Current State: This information relates only to the provision/s amending the Victorian Energy Efficiency Target Act 2007
Treasury Legislation and Other Acts Amendment Act 2014, No. 44/2014
Assent Date: 27.6.14 Commencement Date: S. 33(Sch. item 32) on 30.6.14: s. 2(5) Current State: This information relates only to the provision/s amending the Victorian Energy Efficiency Target Act 2007
Victorian Energy Efficiency Target Amendment (Saving Energy, Growing Jobs) Act 2015, No. 61/2015
Assent Date: 18.11.15 Commencement Date: Ss 3–5 on 1.1.16: s. 2 Current State: This information relates only to the provision/s amending the Victorian Energy Efficiency Target Act 2007
Energy Legislation Amendment (Feed-in Tariffs and Improving Safety and Markets) Act 2017, No. 1/2017
Assent Date: 14.2.17 Commencement Date: Ss 21, 22 on 1.1.18: s. 2(3) Current State: This information relates only to the provision/s amending the Victorian Energy Efficiency Target Act 2007
Oaths and Affirmations Act 2018, No. 6/2018
Assent Date: 27.2.18 Commencement Date: S. 68(Sch. 2 item 134) on 1.3.19: s. 2(2) Current State: This information relates only to the provision/s amending the Victorian Energy Efficiency Target Act 2007
Energy Legislation Amendment Act 2021, No. 33/2021
Assent Date: 14.9.21 Commencement Date: Ss 21, 22 on 15.9.21: s. 2(1) Current State: This information relates only to the provision/s amending the Victorian Energy Efficiency Target Act 2007
Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021, No. 41/2021
Assent Date: 19.10.21 Commencement Date: Ss 73–77 on 1.12.21: Special Gazette (No. 673) 30.11.21 p. 1 Current State: This information relates only to the provision/s amending the Victorian Energy Efficiency Target Act 2007
Victorian Energy Efficiency Target Amendment Act 2022, No. 34/2022
Assent Date: 23.8.22 Commencement Date: Ss 4−19, 30−58, 67 on 1.7.23: Special Gazette (No. 333) 27.6.23 p. 1; ss 20–29, 59–66 on 1.11.23: s. 2(2) Current State: This information relates only to the provision/s amending the Victorian Energy Efficiency Target Act 2007
Energy Legislation Amendment (Electricity Outage Emergency Response and Other Matters) Act 2023, No. 12/2023
Assent Date: 6.6.23 Commencement Date: Ss 6–10 on 1.11.23: s. 2(2) Current State: This information relates only to the provision/s amending the Victorian Energy Efficiency Target Act 2007 \
Statute Law Revision Act 2024, No. 13/2024
Assent Date: 23.4.24 Commencement Date: S. 3(Sch. 1 item 13) on 24.4.24: s. 2 Current State: This information relates only to the provision/s amending the Victorian Energy Efficiency Target Act 2007
Victorian Energy Efficiency Target Amendment (Energy Upgrades for the Future) Act 2025, No. 15/2025
Assent Date: 20.5.25 Commencement Date: Ss 8–11, 37–48, 54 on 21.5.25: s. 2(1); ss 4–7, 17–36, 49–53, 55–60 on 1.7.25: Special Gazette (No. 322) 24.6.25 p. 1 Current State: This information relates only to the provision/s amending the Victorian Energy Efficiency Target Act 2007
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3 Explanatory details
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