Australian Capital Territory Consolidated Regulations

ELECTRICITY (GREENHOUSE GAS EMISSIONS) REGULATION 2004 - NOTES

Dictionary

(see s 3)

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

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

              •     ACT

              •     bankrupt or personally insolvent

              •     Commonwealth

              •     function

              •     National Electricity (ACT) Law

              •     person

              •     the Territory

              •     under

              •     writing

              •     year.

Note 3     Terms used in this regulation have the same meaning that they have in the Electricity (Greenhouse Gas Emissions) Act 2004 (see Legislation Act, s 148). For example, the following terms are defined in the Electricity (Greenhouse Gas Emissions) Act 2004, dict:

              •     abatement certificate

              •     accredited abatement certificate provider

              •     benchmark participant (see s 9)

              •     carbon dioxide equivalent

              •     elective participant

              •     greenhouse gas

              •     greenhouse gas benchmark rules

              •     greenhouse penalty

              •     greenhouse shortfall (see s 11 (4))

              •     large customer

              •     licence

              •     market customer

              •     NEMMCO

              •     register

              •     register of abatement certificates

              •     register of accredited abatement certificate providers

              •     regulator

              •     renewable energy certificate

              •     retail supplier

              •     rules

              •     scheme administrator.

"approved auditor "means a person required by the regulator or scheme administrator to conduct an audit under division 3.7.

"carbon sequestration activity"—see section 23.

"Commonwealth renewable energy scheme baseline" of a power station means the 1997 eligible renewable power baseline for the power station within the meaning of the Renewable Energy (Electricity) Act 2000 (Cwlth), section 14.

"demand side abatement activity"—see section 24.

"electricity generation activity"—see section 22.

eligible land has the meaning given by the greenhouse gas benchmark rules.

"greenhouse gas benchmark statement" means a statement required to be lodged by a benchmark participant under the Act, section 17.

"large user abatement activity"—see section 25.

"mandatory greenhouse gas scheme" means a mandatory scheme (whether of the ACT or another jurisdiction) intended to promote the reduction of greenhouse gas emissions or that has the effect of substantially reducing greenhouse gas emissions (but does not include the abatement certificate scheme established under the Act).

"ORER" means the Office of the Renewable Energy regulator within the meaning of the Renewable Energy (Electricity) Act 2000 (Cwlth).

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) Regulation 2004 SL2004-60

notified LR 20 December 2004
s 1, s 2 commenced 20 December 2004 (LA s 75 (1))
remainder commenced 21 December 2004 (s 2)

as amended by

Statute Law Amendment Act 2005 (No 2) A2005-62 sch 3 pt 3.7

notified LR 21 December 2005

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

sch 3 pt 3.7 commenced 11 January 2006 (s 2 (1))

ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.36

notified LR 4 September 2008

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

sch 1 pt 1.36 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 2009 (No 2) A2009-49 sch 3 pt 3.23

notified LR 26 November 2009

s 1, s 2 commenced 26 November 2009 (LA s 75 (1))

sch 3 pt 3.23 commenced 17 December 2009 (s 2)

Statute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.23

notified LR 28 November 2011

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

sch 3 pt 3.23 commenced 12 December 2011 (s 2)

4     Amendment history

Commencement
s 2     om LA s 89 (4)

Elections to become benchmark participants—Act, s 9 (2) (a)
s 7     (4), (5) exp 31 December 2005 (s 7 (5))

Limit on number of renewable energy certificates that may be counted—Act, s 19 (2)
s 15     am A2005-62 amdt 3.112; A2011-52 amdt 3.85

Suspension or cancellation of accreditation
s 29     am A2009-49 amdt 3.52

Decisions—Act, s 58, def internally reviewable decision and reviewable decision
s 50     sub A2008-38 amdt 1.152

Right of review and notice—Act. s 59. s 60B and S 60C (a)
s 51     ins A2008-38 amdt 1.152

Reviewable decisions
sch 1     ins A2008-37 amdt 1.153

Dictionary
dict     am A2005-62 amdt 3.113; A2009-49 amdt 3.53; A2011-52 amdt 3.86
    def supplier om A2011-52 amdt 3.87

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 21 Dec 2004	21 Dec 2004– 31 Dec 2005	not amended	new regulation
R2 1 Jan 2006	1 Jan 2006– 10 Jan 2006	not amended	commenced expiry
R3 11 Jan 2006	11 Jan 2006– 1 Feb 2009	A2005-62	amendments by A2005-62
R4 2 Feb 2009	2 Feb 2009– 16 Dec 2009	A2008-37	amendments by A2008-37
R5 17 Dec 2009	17 Dec 2009– 11 Dec 2011	A2009-49	amendments by A2009-49

© Australian Capital Territory 2011

Australian Capital Territory

SL2004-60

Republication No 6

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) Regulation 2004

, made under 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) Regulation 2004

Endnotes43

Electricity (Greenhouse Gas Emissions) Regulation 2004