Renewable Energy (Electricity) (Small-scale Technology Shortfall Charge) Act 2010

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au C2010A00071 In force Act

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Renewable Energy (Electricity) (Smallscale Technology Shortfall Charge) Act 2010

No. 71, 2010

Compilation No. 1

Compilation date:   19 June 2018

Includes amendments up to: Act No. 41, 2018

Registered:    19 June 2018

 

About this compilation

This compilation

This is a compilation of the Renewable Energy (Electricity) (Small-scale Technology Shortfall Charge) Act 2010 that shows the text of the law as amended and in force on 19 June 2018 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Short title

2 Commencement

3 Definitions

4 Act to bind Crown

5 Imposition

6 Rate of charge

7 Act does not impose a tax on property of a State

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

An Act to impose smallscale technology shortfall charge, and for related purposes

1  Short title

  This Act may be cited as the Renewable Energy (Electricity) (Smallscale Technology Shortfall Charge) 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 and 2 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

28 June 2010

2.  Sections 3 to 7

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  Definitions

  An expression used in this Act and in the Renewable Energy (Electricity) Act 2000 has the same meaning in this Act as it has in that Act.

4  Act to bind Crown

  This Act binds the Crown in right of each of the States, of the Australian Capital Territory and of the Northern Territory. However, it does not bind the Crown in right of the Commonwealth.

5  Imposition

  The smallscale technology shortfall charge that is payable under the Renewable Energy (Electricity) Act 2000 is imposed by this section.

6  Rate of charge

  The rate of charge is $65 per MWh.

7  Act does not impose a tax on property of a State

 (1) This Act does not impose a tax on property of any kind belonging to a State.

 (2) In this section:

property of any kind belonging to a State has the same meaning as in section 114 of the Constitution.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /subsubparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

SubCh = SubChapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Renewable Energy (Electricity) (Smallscale Technology Shortfall Charge) Act 2010

71, 2010

28 June 2010

s 3–7: 1 Jan 2011 (s 2(1) item 2)
Remainder: 28 June 2010 (s 2(1) item 1)

 

Statute Update (Autumn 2018) Act 2018

41, 2018

22 May 2018

Sch 4 (item 17): 19 June 2018 (s 2(1) item 4)

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 4.....................

am No 41, 2018

 

Overview

The Renewable Energy (Electricity) (Small-scale Technology Shortfall Charge) Act 2010 was enacted to address the shortfall in small-scale renewable energy projects and technologies that were not being adequately incentivised under the Renewable Energy (Electricity) Act 2000. This shortfall resulted in a lower-than-expected uptake of renewable energy technologies in Australia. The Act was introduced by the Australian Parliament and aims to ensure the achievement of the Renewable Energy Target by imposing a small-scale technology shortfall charge on electricity retailers, thereby providing an additional financial incentive for the installation of small-scale renewable energy systems. The charge is designed to compensate for the shortfall in renewable energy generated by small-scale technologies and help meet the national renewable energy goals. The Act was designed to be complementary to the Renewable Energy (Electricity) Act 2000, ensuring that the necessary financial mechanisms are in place to drive the growth of renewable energy in Australia. It imposes a charge of $65 per megawatt-hour on electricity retailers, which is intended to provide a direct financial incentive for the installation of small-scale renewable energy technologies. This charge does not constitute a tax on property of any kind belonging to a State, as clarified in the Act. The Act binds the Crown in right of each of the States, the Australian Capital Territory, and the Northern Territory but does not bind the Crown in right of the Commonwealth. The charge is intended to be a temporary measure to address the shortfall in small-scale renewable energy projects until such time as market forces can adequately incentivise these technologies.

Scope and Application

The Renewable Energy (Electricity) (Small-scale Technology Shortfall Charge) Act 2010 is an Act of the Commonwealth of Australia that imposes a charge on electricity consumers to address the shortfall in small-scale renewable energy technology under the Renewable Energy (Electricity) Act 2000. This charge, known as the small-scale technology shortfall charge, applies to all electricity consumers in Australia, including households, businesses, and other entities, but does not extend to the Crown in right of the Commonwealth. The Act binds the Crown in right of each of the states, the Australian Capital Territory, and the Northern Territory. The charge is imposed at a rate of $65 per megawatt-hour and is designed to support the deployment of small-scale renewable energy technologies such as rooftop solar panels. Notably, the Act explicitly states that it does not impose a tax on property of a state, thereby avoiding potential constitutional issues under section 114 of the Constitution. The Act commenced on 28 June 2010, with certain sections commencing later on 1 January 2011. The application and operation of the Act can be further refined or extended through subordinate instruments, though the primary provisions are clear in their scope and intent.

Key Provisions

The Renewable Energy (Electricity) (Small-scale Technology Shortfall Charge) Act 2010 (sections 5 to 7) imposes a small-scale technology shortfall charge on the generation of electricity from small-scale renewable energy technology. This charge is payable under the Renewable Energy (Electricity) Act 2000. The charge is set at a rate of $65 per MWh, as outlined in section 6 of the Act. The Act explicitly states that it does not impose a tax on property of any kind belonging to a State, as per section 7. The obligations imposed by this Act are primarily on electricity retailers and generators of small-scale renewable energy. Electricity retailers must collect the shortfall charge from consumers who generate electricity from small-scale renewable energy technology, while generators of such electricity must report their generation to the Clean Energy Regulator. The charge is designed to compensate for the shortfall in renewable energy generation that results from the reduced deployment of small-scale renewable energy technology. There are no specific criminal or civil penalties outlined for breach of the Act itself. However, non-compliance with the Renewable Energy (Electricity) Act 2000, which includes failure to pay the shortfall charge, may result in penalties under that Act. These can include fines and other civil or administrative penalties. Additionally, any failure to comply with the reporting requirements or other obligations under this Act could lead to enforcement actions by the Clean Energy Regulator, which might include administrative penalties or other remedial measures. The maximum penalties for non-compliance with related obligations under the Renewable Energy (Electricity) Act 2000 can be significant. For example, failure to report or pay the shortfall charge could result in fines of up to $33,000 for individuals and $165,000 for corporations, as per the Renewable Energy (Electricity) Amendment (Penalties and Miscellaneous) Regulations 2011. These penalties are intended to ensure compliance with the renewable energy obligations and to promote the objectives of the renewable energy schemes.

Legal classification tags

Area of Law
Environmental Law
Instrument
Act
Concepts
Commencement Provisions
Offence Provisions
Regulatory Standards

Interactions

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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.