Australian Capital Territory Consolidated Acts

ELECTRICITY (GREENHOUSE GAS EMISSIONS) ACT 2004 - NOTES

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

              •     ACAT

              •     function

              •     National Electricity (ACT) Law

              •     reviewable decision notice

              •     under

              •     year.

"abatement certificate"—

        (a)     means an abatement certificate created under part 5; and

        (b)     in part 2 and part 3 includes an abatement certificate created under a corresponding law under section 18 (4).

"accredited abatement certificate provider" means a person accredited as an abatement certificate provider under part 4 and whose accreditation is in force.

"ACT pool coefficient" means the average greenhouse gas emissions intensity of electricity sent out to customers in the ACT, expressed in tonnes of carbon dioxide equivalent per megawatt hour, as determined by the regulator under this Act.

"ACT population" for a year means the population of the ACT for the year, as determined by the regulator under this Act.

"benchmark participant"—see section 9.

"carbon dioxide equivalent", of greenhouse gas emissions, means the mass of carbon dioxide measured in tonnes that has the same global warming potential as the gas emissions.

"elective participant" means a benchmark participant mentioned in section 9 (1) (c).

"electricity sector benchmark", for a year, means the electricity sector benchmark determined under section 13 (1) (d) for the year.

"engage in conduct" means—

        (a)     do an act; or

        (b)     omit to do an act.

"greenhouse gas" means carbon dioxide, methane, nitrous oxide, sulphur hexafluoride, a perfluorocarbon gas or any other gas prescribed by regulation for this definition.

"greenhouse gas benchmark", for a benchmark participant for a year, means the benchmark for the year, in tonnes of carbon dioxide equivalent of greenhouse gas emissions, determined for the participant under this Act.

"greenhouse gas benchmark rules" means the rules in force under section 61.

"greenhouse penalty" means a penalty payable under section 16.

"greenhouse shortfall"—see section 11 (4).

"ICRC" means the Independent Competition and Regulatory Commission established under the Independent Competition and Regulatory Commission Act 1997.

"internally reviewable decision", for part 9 (Notification and review of decisions)—see section 58.

"internal review notice", for part 9 (Notification and review of decisions)—see section 58.

"licence" means a licence under the Utilities Act.

"market customer" means a customer that—

        (a)     has classified any of its electricity loads as a market load under the national electricity rules; and

        (b)     is registered with NEMMCO as a market customer under the national electricity rules.

"national electricity rules" means the national electricity rules under the National Electricity (ACT) Law.

"NEMMCO" means the National Electricity Market Management Company Limited ACN 072 010 327.

"register" means a register kept under part 7.

"register of abatement certificates" means the register mentioned in section 46.

"register of accredited abatement certificate providers" means the register mentioned in section 45.

"regulator" means the regulator under section 49.

"renewable energy certificate" means a certificate created under the Renewable Energy (Electricity) Act 2000 (Cwlth).

"retail supplier" means a person who holds a licence to provide a utility service mentioned in the Utilities Act, section 6 (c) (Electricity services).

"reviewable decision", for part 9 (Notification and review of decisions)—see section 58.

"rules" means the greenhouse gas benchmark rules.

"scheme administrator" means the scheme administrator under section 51.

"Territory greenhouse gas benchmark"—see section 7.

"Utilities Act" means the Utilities Act 2000.

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 (Greenhouse Gas Emissions ) Act 2004 A2004-71

notified LR 6 September 2004

s 1, s 2 commenced 6 September 2004 (LA s 75 (1))

remainder commenced 7 September 2004 (s 2)

as amended by

Statute Law Amendment Act 2005 (No 2) A2005-62 sch 3 pt 3.6

notified LR 21 December 2005

s 1, s 2 commenced 21 December 2005 (LA s 75 (1))

sch 3 pt 3.6 commenced 11 January 2006 (s 2 (1))

Electricity (Greenhouse Gas Emissions) Amendment Act 2007 A2007-34

notified LR 22 November 2007

s 1, s 2 commenced 22 November 2007 (LA s 75 (1))

remainder commenced 23 November 2007 (s 2)

ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.35

notified LR 4 September 2008

s 1, s 2 commenced 4 September 2008 (LA s 75 (1))

sch 1 pt 1.35 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)

Statute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.22

notified LR 28 November 2011

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

sch 3 pt 3.22 commenced 12 December 2011 (s 2)

4     Amendment history

Commencement
s 2     om LA s 89 (4)

Dictionary
s 4     am A2005-62 amdt 3.107; A2011-52 amdt 3.79

Territory greenhouse gas benchmarks
s 7     am A2007-34 s 4

Benchmark participants
s 9     am A2011-52 amdt 3.80

Factors to be determined and notified before beginning of each year
s 13     am A2011-52 amdt 3.84

Greenhouse penalties
s 16     am A2007-34 s 5; A2011-52 amdt 3.81

Scheme administrator may require surrender of certificates
s 35     am A2008-37 amdt 1.148

Register of accredited abatement certificate providers
s 45     am A2011-52 amdt 3.84

Register of abatement certificates
s 46     am A2011-52 amdt 3.84

Functions of regulator etc
s 50     am A2011-52 amdt 3.84

Functions of scheme administrator etc
s 52     am A2011-52 amdt 3.84

Notification and review of decisions
pt 9 hdg     sub A2008-37 amdt 1.149

Definitions—pt 9
s 58     sub A2008-37 amdt 1.149
    def internally reviewable decision ins A2008-37 amdt 1.149
    def internal review notice ins A2008-37 amdt 1.149
    def reviewable decision ins A2008-37 amdt 1.149

Internal review notices
s 59     sub A2008-37 amdt 1.149

Application for reconsideration
s 60     sub A2008-37 amdt 1.149

Reconsideration of decisions
s 60A     ins A2008-37 amdt 1.149

Reviewable decision notices
s 60B     ins A2008-37 amdt 1.149

Application for ACAT
s 60C     ins A2008-37 amdt 1.149

Greenhouse gas benchmark rules
s 61     am A2011-52 amdt 3.84

Determination of fees
s 64     am A2011-52 amdt 3.84

Approved forms
s 65     am A2011-52 amdt 3.84

Dictionary
dict     am A2008-37 amdt 1.150; A2011-52 amdt 3.82
    def internally reviewable decision ins A2008-37 amdt 1.151
    def internal review notice ins A2008-37 amdt 1.151
    def large customer om A2011-52 amdt 3.83
    def market customer sub A2005-62 amdt 3.108
    def National Electricity (ACT) Law ins A2005-62 amdt 3.109
    om A2011-52 amdt 3.83
    def national electricity code om A2005-62 amdt 3.110
    def national electricity rules ins A2005-62 amdt 3.111
    def reviewable decision ins A2008-37 amdt 1.151

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 7 Sept 2004	7 Sept 2004– 10 Jan 2006	not amended	new Act
R2 11 Jan 2006	11 Jan 2006– 22 Nov 2007	A2005-62	amendments by A2005-62
R3 23 Nov 2007	23 Nov 2007– 1 Feb 2009	A2007-34	amendments by A2007-34
R4 2 Feb 2009	2 Feb 2009– 11 Dec 2011	A2008-37	amendments by A2008-37

© Australian Capital Territory 2011

Australian Capital Territory

A2004-71

Republication No 5

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 (Greenhouse Gas Emissions) Act 2004

(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 (Greenhouse Gas Emissions) Act 2004

Endnotes52

Electricity (Greenhouse Gas Emissions) Act 2004