Victorian Energy Efficiency Target Transitional Regulations 2024 (Vic)

Version No. 001

Victorian Energy Efficiency Target Transitional Regulations 2024

S.R. No. 122/2024

Version as at

1 November 2024

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Definitions

5Application of section 76E of the Act if no declaration made for VEET scheme registry account transition period

6Transfer of certificates to existing certificate holder on or after transition period end date

7Approval of application during VEET scheme registry account transition period

8Transfer or surrender of certificates without application for VEET scheme registry account

9Refusal of application after transition period end date

10Approval of application after transition period end date

11Revocation of these Regulations

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 001

Victorian Energy Efficiency Target Transitional Regulations 2024

S.R. No. 122/2024

Version as at

1 November 2024

1Objective

The objective of these Regulations is to provide for transitional and savings matters relating to VEET scheme registry accounts.

2Authorising provision

These Regulations are made under section 75A of the Victorian Energy Efficiency Target Act 2007.

3Commencement

These Regulations come into operation on 1 November 2024.

4Definitions

In these Regulations—

amending Act means the Victorian Energy Efficiency Target Amendment Act 2022;

commencement date means the day on which section 24 of the amending Act comes into operation;

existing certificate holder has the same meaning as in section 76D of the Act;

the Act means the Victorian Energy Efficiency Target Act 2007;

transition period end date means the date described in section 76D(1)(b) of the Act;

VEET scheme registry account transition period means the period—

(a)beginning on the commencement date; and

(b)ending on the transition period end date.

5Application of section 76E of the Act if no declaration made for VEET scheme registry account transition period

If no declaration under section 76D(2) of the Act is made before the first anniversary of the commencement date, section 76E of the Act applies as if—

(a)a reference in section 76E(5) of the Act in the definition of transition period end date to the date declared by the ESC under section 76D(2) is a reference to the first anniversary of the commencement date; and

(b)a reference in section 76E(5) of the Act in the definition of VEET scheme registry account transition period to the transition period declared by the ESC in accordance with section 76D is a reference to the transition period determined in accordance with section 76D(1) of the Act.

6Transfer of certificates to existing certificate holder on or after transition period end date

(1)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 during the VEET scheme registry account transition period; and

(b)the ESC has not determined the application at the time the certificate is transferred.

(2)The transfer of a certificate to an existing certificate holder under subregulation (1) is not invalid merely because the existing certificate holder does not hold a VEET scheme registry account.

7Approval of application during VEET scheme registry account transition period

If the ESC approves the application of a person who is an existing certificate holder for a VEET scheme registry account before the transition period end date, on the approval of that application—

(a)all of the certificates held by that person at the time of the approval are taken to be transferred to, and held by, the person; and

(b)the person ceases to be an existing certificate holder.

8Transfer or surrender of certificates without application for VEET scheme registry account

(1)This regulation applies if a person who is an existing certificate holder does not apply for a VEET scheme registry account before the transition period end date.

(2)On and after the transition period end date, section 76E(1)(a) of the Act applies to the person as if the reference to the holding, transfer or surrender of certificates was a reference to the transfer or surrender of certificates.

(3)The transfer or surrender of a certificate under subregulation (2) is not invalid merely because the person transferring or surrendering the certificate does not hold a VEET scheme registry account.

9Refusal of application after transition period end date

(1)This regulation applies if—

(a)a person who is an existing certificate holder applies for a VEET scheme registry account before the transition period end date; and

(b)immediately before the transition period end date, the ESC has not determined the application; and

(c)the ESC refuses the application on or after the transition period end date.

(2)On and after the transition period end date, section 76E(1)(a), (c) and (d) apply to the 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 the ESC's refusal of the application.

(3)If the person does not transfer or surrender all of the certificates held by that person before the day described in subregulation (2)(b), on and after that day, section 76E(1)(a) of the Act applies to the person as if a reference to the holding, transfer or surrender of certificates is a reference to the transfer or surrender of certificates.

(4)The transfer or surrender of a certificate under subregulation (2) or (3) is not invalid merely because the person transferring or surrendering the certificate does not hold a VEET scheme registry account.

10Approval of application after transition period end date

(1)This regulation applies if—

(a)a person who is an existing certificate holder applies for a VEET scheme registry account before the transition period end date; and

(b)immediately before the transition period end date, the ESC has not determined the application; and

(c)the ESC approves the application on or after the transition date.

(2)On and after the transition period end date, section 76E(1)(a), (c) and (d) continue to apply to the person until the day on which the ESC approves the application.

(3)On the approval of the person's application for a VEET scheme registry account, the person ceases to be an existing certificate holder.

11Revocation of these Regulations

These Regulations are revoked on 30 June 2025.

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ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Victorian Energy Efficiency Target Transitional Regulations 2024, S.R. No. 122/2024 were made on 29 October 2024 by the Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, under section 75A of the Victorian Energy Efficiency Target Act 2007, No. 70/2007 and came into operation on 1 November 2024: regulation 3.

The Victorian Energy Efficiency Target Transitional Regulations 2024 will be revoked on 30 June 2025: see regulation 11.

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 regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule 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 a Statutory Rule 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 a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Victorian Energy Efficiency Target Transitional Regulations 2024 by statutory rules, subordinate instruments and Acts.

3   Explanatory details

No entries at date of publication.