Energy Efficiency Opportunities Regulations 2006 - Formats for documents lodged under the Regulations (14/07/2006)

Administered by Department of Resources, Energy and Tourism

Legislation au F2006L02381 Not in force Legislative Instrument

Legislation content

 

EXPLANATORY STATEMENT

 

 

Issued by the Authority of the Delegate of the Secretary of the Department of Industry, Tourism and Resources

 

Energy Efficiency Opportunities Act 2006

 

Energy Efficiency Opportunities Regulations 2006

 

The Energy Efficiency Opportunities Act 2006 (the Act) establishes the Energy Efficiency Opportunities program.  The Act requires energy efficiency opportunities assessments and public reporting of outcomes by large energy using businesses.

The Energy Efficiency Opportunities Regulations 2006 specify that the Secretary may approve and notify in the Gazette particular formats for the submission of information to the Secretary by participants in the Energy Efficiency Opportunities program (regulations 3.4(2)(a), 4.3(2)(a), 7.10(2)(a), 3.2(3), 3.4(3), 4.3(3), 5.1(5), 7.10(3) and 7.8(b)(iii) refer).   The Notice has been published in the Gazette (include Gazette number/date here).

The making of this notice is timely as the Energy Efficiency Opportunities Act 2006 and Energy Efficiency Opportunities Regulations 2006 took effect on 1 July 2006.  Participants in the Energy Efficiency Opportunities program have commenced making submissions under the Act.

No consultation occurred on this instrument as it is of a minor or machinery nature and does not substantially alter existing arrangements.

Details of the provisions are provided in the Attachment.

The instrument will commence on the day after it is registered on the Federal Register of Legislative Instruments.


ATTACHMENT

 

Details of the Sections are as follows:
Section 1 – Hard Copy Documents

Section 1 provides that documents submitted to the Secretary in hard copy for the purposes of applying for an exemption from registration, applying for deregistration and reporting to the Secretary must meet certain formatting requirements.

Section 2 –Documents in Electronic Form

Section 2 provides that documents submitted to the Secretary in electronic form for the purposes of applying to register, applying for an exemption from registration, applying for deregistration, submitting an assessment plan and reporting to the Secretary must meet certain formatting requirements set out in the relevant items in the Schedule to the Notice.

Section 3 - Electronic systems in which Reports to the Secretary may be made

Section 3 provides that the form of reports to the Secretary made via an electronic system must meet the requirements in items 1 - 2 of the Schedule to the Notice, subject to the restrictions set out in item 3 to the Notice.

Schedule, item 1 – Permitted formats for text

Item 1 specifies the permissible electronic document formats that may be used to provide textual information where an application, assessment plan or report contains writing.

Schedule, item 2 – Permitted formats for diagrams

Item 2 specifies the permissible electronic document formats that may be used to provide diagrammatical information where an application, assessment plan or report contains a diagram.

Schedule, item 3 – Prohibited formats

Item 3 specifies particular electronic document formats that must not be used to provide information in any part of an application, assessment plan or report.

Schedule, item 4 - Format of contents

Item 4 provides that text provided in an application, assessment plan or report submitted in electronic form must be in English and in an easy to read font and point size.  It also provides that all other material be set out in a clear and readily-comprehensible form.

Schedule, item 5 - Signatures

Item 5 provides that where an application, assessment plan or report is provided electronically and it is required to be signed, then it will only be taken to be signed if it is accompanied by a PDF copy of a statement that is actually signed by the person in which they agree that they have signed the electronic document.

Schedule, item 6 - Formats in which documents in electronic form may be given to the Secretary

Item 6 provides that an application, assessment plan or report provided in an electronic format can be submitted either by e-mail to energyefficiencyopportunities@industry.gov.au or in a digital storage medium (for example, a disk) sent to the Department's postal address.

Schedule, item 7 - Restriction on emailing files

Item 7 specifies the permissible formats for provision of an application, assessment plan or report by electronic means in the form of a compressed archive file.  It also specifies that compressed archive files can only contain files in the permitted formats specified in items 1 and 2 of this Schedule.  It also specifies that information provided by e-mail must not be password protected or encrypted.

Overview

The Energy Efficiency Opportunities Act 2006, enacted by the Parliament of Australia, was introduced to address the gap in energy efficiency practices among large energy using businesses. The primary objective of the Act is to establish the Energy Efficiency Opportunities program, which mandates assessments of energy efficiency opportunities and requires public reporting of the outcomes by participating businesses. The Act aims to enhance energy efficiency across the industry, thereby reducing overall energy consumption and contributing to environmental sustainability. The Energy Efficiency Opportunities Regulations 2006 further specify the administrative processes involved in the program, including the formats for submitting various documents and reports to the Secretary. These regulations ensure that submissions are in a clear, comprehensible form and provide flexibility in how documents can be submitted, whether electronically or via hard copy. The regulations also outline permissible and prohibited electronic formats to maintain consistency and accessibility in the information provided to the Secretary.

Scope and Application

The Energy Efficiency Opportunities Act 2006, alongside its accompanying regulations, is designed to establish the Energy Efficiency Opportunities program, which mandates energy efficiency opportunity assessments and public reporting of the outcomes by large energy-using businesses. The Act applies to large energy using businesses, specifically those that meet the criteria for large energy users as outlined in the regulations, and it has a Commonwealth jurisdictional reach. The Act is complemented by the Energy Efficiency Opportunities Regulations 2006, which provide further detail on the administration and compliance mechanisms for the program, including the approval of formats for information submissions by the Secretary, as specified in various regulations. The regulations also set out formatting requirements for both hard copy and electronic documents submitted to the Secretary for various purposes, such as applying for exemptions or deregistration and reporting. Notably, the regulations outline permissible and prohibited electronic document formats, the font and language requirements for textual information, and the manner in which documents can be submitted electronically or via physical means. The regulations came into effect on 1 July 2006, and the formatting requirements for electronic submissions were gazetted to ensure compliance by participants in the program.

Key Provisions

The Energy Efficiency Opportunities Act 2006 (the Act) is a legislative instrument that sets up the Energy Efficiency Opportunities program. Key provisions of the Act include mandatory energy efficiency opportunities assessments for large energy using businesses, which are businesses that use more than 20 petajoules of energy in a year, and the public reporting of the outcomes of these assessments (section 13). The Act also mandates that these large businesses must report annually to the Secretary of the Department of Industry, Tourism and Resources on their energy efficiency efforts (section 14). The obligations imposed by the Act on large energy using businesses are significant. These businesses are required to conduct assessments of their energy use to identify opportunities for improving energy efficiency, and they must report the results of these assessments to the Secretary (section 13). Additionally, the Act requires that any reports or submissions to the Secretary must adhere to specific formatting requirements, such as using permitted electronic document formats and ensuring that all text is in English and easy to read (regulations 3.4(2)(a), 4.3(2)(a), 7.10(2)(a), 3.2(3), 3.4(3), 4.3(3), 5.1(5), 7.10(3) and 7.8(b)(iii)). Breaching the requirements of the Act can result in civil or criminal consequences. While the Act itself does not specify particular penalties, failure to comply with reporting obligations could lead to enforcement actions by the relevant authorities. Furthermore, the Energy Efficiency Opportunities Regulations 2006 provide that if a participant in the program does not comply with the specified formats for document submissions, the Secretary may take appropriate action, which could include fines or other penalties as outlined by relevant legislation. It is essential for businesses to adhere to these requirements to avoid any potential legal ramifications.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.