Australian Capital Territory Consolidated Acts

ELECTRICITY FEED-IN (RENEWABLE ENERGY PREMIUM) ACT 2008 - NOTES

(see s 4)

Note 1     The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2     For example, the Legislation Act, dict, pt 1, defines the following terms:

              •     disallowable instrument (see s 9)

              •     Executive

              •     Minister (see s 162)

              •     National Electricity (ACT) Law

              •     quarter

              •     regulation

              •     under.

"additional metering costs", in relation to electricity generated by a renewable energy generator connected to an electricity network, means metering costs associated with the electricity that are in addition to metering costs for which the distributor is responsible under the rules under the National Electricity (ACT) Law.

"capacity", of a renewable energy generator—see section 5C.

"compliant"—see section 5E.

"electricity distributor"—see the Utilities Act 2000, dictionary.

"electricity network"—see the Utilities Act 2000, section 7.

electricity supplier—see the Utilities Act 2000, dictionary.

"eligible entity—"see section 5F (1).

"medium renewable energy generator"—see section 5D.

"micro renewable energy generator"—see section 5D.

"normal cost of electricity"—see section 6A.

"premium rate", for electricity supplied from a renewable energy generator to an electricity distributor's network, means the premium rate determined under section 10 for the first financial year in which both—

        (a)     the generator is connected to the network to enable electricity generated by the generator to be supplied to the network; and

        (b)     the eligible entity for the generator makes the application for payment mentioned in section 6 (3).

"renewable energy generator"—see section 5B.

"renewable energy source"—see section 5B.

utility—see the Utilities Act 2000, dictionary.

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

3     Legislation history

Electricity Feed-in (Renewable Energy Premium) Act 2008 A2008-21

notified LR 9 July 2008

s 1, s 2 commenced 9 July 2008 (LA s 75 (1))

remainder commenced 1 March 2009 (s 2 and CN2009-5)

as amended by

Electricity Feed-in (Renewable Energy Premium) Amendment Act 2009 A2009-8

notified LR 2 March 2009

s 1, s 2 taken to have commenced 1 March 2009 (LA s 75 (2))

remainder taken to have commenced 1 March 2009 (s 2 and see A2008-21)

Electricity Feed-in (Renewable Energy Premium) Amendment Act 2011 A2011-6

notified LR 24 February 2011

s 1, s 2 commenced 24 February 2011 (LA s 75 (1))

remainder commenced 7 March 2011 (s 2 and CN2011-3)

Electricity Feed-in (Renewable Energy Premium) Amendment Act 2011 (No 2) A2011-25

notified LR 11 July 2011

s 1, s 2 commenced 11 July 2011 (LA s 75 (1))

remainder commenced 12 July 2011 (s 2)

Statute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.21

notified LR 28 November 2011

s 1, s 2 commenced 28 November 2011 (LA s 75 (1))

sch 3 pt 3.21 commenced 12 December 2011 (s 2)

4     Amendment history

Commencement
s 2     om LA s 89 (4)

Objects of Act
s 3     om A2009-8 s 4

Objects and important concepts
pt 1A hdg     ins A2009-8 s 5

Objects of Act
s 5A     ins A2009-8 s 5

Meaning of renewable energy generator and renewable energy source
s 5B     ins A2009-8 s 5
    sub A2011-6 s 4

Meaning of capacity
s 5C     ins A2009-8 s 5
    sub A2011-6 s 4

Meaning of medium renewable energy generator and micro renewable energy generator
s 5D     ins A2009-8 s 5
    sub A2011-6 s 4

Meaning of compliant
s 5E     ins A2011-6 s 4
    am A2011-25 s 4

Meaning of eligible entity
s 5F     ins A2011-6 s 4
    am A2011-52 amdt 3.74

Feed-in from renewable energy generators to electricity network
s 6     am A2009-8 ss 6-8; ss renum R1 (RI) LA; A2011-6 s 5

What is the normal cost of electricity?
s 6A     ins A2009-8 s 9

Payment for electricity from renewable energy generators
s 8     sub A2009-8 s 10
    am A2011-6 ss 6-8; A2011-25 s 5, s 6

Recovery of cost of renewable energy premium
s 8A     ins A2009-8 s 11
    am A2011-6 s 9

Determination of premium rate
s 10     am A2009-8 ss 12-15; pars renum R1 (RI) LA; A2011-6 ss 10-12; ss renum R2 LA

Premium rate—20 years
s 11     am A2009-8 s 16; A2011-6 s 13

Reporting
pt 3A hdg     ins A2011-25 s 7

Report by Minister
s 11A     ins A2011-25 s 7

Electricity distributors to give information to Minister
s 11B     ins A2011-25 s 7

Dictionary
dict     am A2009-8 s 17; A2011-52 amdt 3.75
    def capacity ins A2011-6 s 14
    def compliant ins A2011-6 s 14
    def customer om A2011-52 amdt 3.76
    def eligible entity ins A2011-52 amdt 3.77
    def medium renewable energy generator ins A2011-6 s 14
    def micro renewable energy generator ins A2011-6 s 14
    def National Electricity (ACT) Law ins A2009-8 s 18
    om A2011-52 amdt 3.78
    def National Electricity (ACT) Regulations ins A2009-8 s 18
    om A2011-6 s 15
    def NEL compliant ins A2009-8 s 18
    om A2011-6 s 15
    def normal cost of electricity ins A2009-8 s 18
    def occupier om A2011-52 amdt 3.78
    def premium rate sub A2009-8 s 19
    am A2011-6 s 16
    def renewable energy generator ins A2009-8 s 19
    sub A2011-6 s 17
    def renewable energy source sub A2009-8 s 19
    sub A2011-6 s 17
    def transition franchise tariff retail price om A2011-6 s 18

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 1 Mar 2009	1 Mar 2009 6 Mar 2011	not amended	new Act
R1 (RI) 2 Mar 2009	1 Mar 2009– 6 Mar 2011	A2009-8	reissue for retrospective amendments by A2009-8
R2 7 Mar 2011	7 Mar 2011– 11 July 2011	A2011-6	amendments by A2011-6
R3 12 July 2011	12 July 2011– 11 Dec 2011	A2011-25	amendments by A2011-25

© Australian Capital Territory 2011

Australian Capital Territory

A2008-21

Republication No 4

Effective: 12 December 2011

Republication date: 12 December 2011

Last amendment made by A2011-52





Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Electricity Feed-in (Renewable Energy Premium) Act 2008

(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 12 December 2011

. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 12 December 2011

.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory

Electricity Feed-in (Renewable Energy Premium) Act 2008

Endnotes20

Electricity Feed-in (Renewable Energy Premium) Act 2008