Renewable Energy (Electricity) (Charge) Amendment Act 2010
No. 70, 2010
An Act to amend the Renewable Energy (Electricity) (Charge) Act 2000, and for related purposes
Contents
1 Short title.......................................
2 Commencement...................................
3 Schedule(s)......................................
Schedule 1—Amendments
Renewable Energy (Electricity) (Charge) Act 2000
Renewable Energy (Electricity) (Charge) Amendment Act 2010
No. 70, 2010
An Act to amend the Renewable Energy (Electricity) (Charge) Act 2000, and for related purposes
[Assented to 28 June 2010]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Renewable Energy (Electricity) (Charge) Amendment Act 2010.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 28 June 2010 |
2. Schedule 1 | At the same time as Part 1 of Schedule 1 to the Renewable Energy (Electricity) Amendment Act 2010 commences. | 1 January 2011 |
Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Renewable Energy (Electricity) (Charge) Act 2000
1 Title
Omit “renewable energy certificate charge”, substitute “large‑scale generation shortfall charge”.
2 Section 1
Omit “Charge”, substitute “Large‑scale Generation Shortfall Charge”.
Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901).
3 Section 5
Repeal the section, substitute:
5 Imposition
The large‑scale generation shortfall charge that is payable under the Renewable Energy (Electricity) Act 2000 is imposed by this section.
4 Application of amendments
The amendments made by this Act apply in relation to liability to large‑scale generation shortfall charge under the Renewable Energy (Electricity) Act 2000 for the year starting on the commencement of this Schedule and later years.
[Minister’s second reading speech made in—
House of Representatives on 12 May 2010
Senate on 15 June 2010]
Overview
The Renewable Energy (Electricity) (Charge) Amendment Act 2010 was enacted by the Parliament of Australia to address the need for a revised framework for managing shortfalls in renewable energy generation. This Act amends the Renewable Energy (Electricity) (Charge) Act 2000, updating its structure and terminology to better reflect the current policy objectives and operational realities of the renewable energy sector. The amendments shift the focus from a "renewable energy certificate charge" to a "large-scale generation shortfall charge," which is designed to more accurately address shortfalls in renewable energy production. This legislative change was intended to enhance the effectiveness of the renewable energy charge system, ensuring it continues to support the policy goal of increasing renewable energy generation in Australia.
Scope and Application
The Renewable Energy (Electricity) (Charge) Amendment Act 2010 applies to the Renewable Energy (Electricity) (Charge) Act 2000, altering the charge mechanism from a renewable energy certificate charge to a large-scale generation shortfall charge. The Act primarily affects entities involved in the electricity market, particularly those that consume or generate electricity, as it imposes a charge related to shortfalls in large-scale renewable energy generation. The legislative changes apply across the Commonwealth of Australia, impacting all entities within its jurisdiction. The amendments introduced by this Act are effective from the year starting on the commencement of the Schedule, which is 1 January 2011, and apply to subsequent years. The Act does not specify exclusions or exemptions but rather modifies existing provisions to align with the new charge structure, ensuring that the amendments operate seamlessly within the current legislative framework.
Key Provisions
The Renewable Energy (Electricity) (Charge) Amendment Act 2010 (C2010A00070) amends the Renewable Energy (Electricity) (Charge) Act 2000 by introducing changes to the imposition and application of a charge related to electricity. The amendments rename the "Renewable Energy Certificate Charge" to the "Large-scale Generation Shortfall Charge" (Section 1 of Schedule 1). The primary changes include the repeal of the original charge structure and the introduction of a new charge under Section 5 of the amended Act. This new charge is imposed by the Act itself, replacing the previous charge structure (Section 5 of Schedule 1).
The Act imposes several obligations on the parties it governs. It requires entities liable for the large-scale generation shortfall charge to comply with the new charge structure, which applies from the commencement of the amendments and subsequent years (Section 4 of Schedule 1). The entities are expected to adhere to the new charge requirements as specified in the amended Act. These obligations include reporting and paying the charge according to the new legislative framework.
The Act also introduces potential consequences for non-compliance. Breaches of the new charge requirements could result in civil or criminal penalties. Although the specific penalties are not detailed in the provided text, such breaches could lead to legal action against the offending parties. The penalties for non-compliance might include fines or other legal sanctions, as typically stipulated under related legislation. It is essential for the entities governed by this Act to ensure they meet their obligations to avoid such consequences.