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This is a Bill, not an Act. For current law, see the Acts databases.
2002
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Renewable
Energy (Electricity) Amendment Bill 2002
No.
, 2002
(Environment and
Heritage)
A Bill for an Act to amend the
Renewable Energy (Electricity) Act 2000, and for other
purposes
Contents
Part 1—Amendments 3
Administrative Decisions (Judicial Review) Act
1977 3
Renewable Energy (Electricity) Act
2000 3
Part 2—Application and transitional
provisions 35
A Bill for an Act to amend the Renewable Energy
(Electricity) Act 2000, and for other purposes
The Parliament of Australia enacts:
This Act may be cited as the Renewable Energy (Electricity) Amendment
Act 2002.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, on the day or at the time specified in
column 2 of the table.
|
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 on which this Act receives the Royal Assent |
|
|
2. Schedule 1 |
A single day to be fixed by Proclamation, subject to
subsection (3) |
|
Note: This table relates only to the provisions of this Act
as originally passed by 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 is for additional information that is not part
of this Act. This information may be included in any published version of this
Act.
(3) If a provision covered by item 2 of the table does not commence
within the period of 6 months beginning on the day on which this Act receives
the Royal Assent, it commences on the first day after the end of that
period.
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repealed as set out in the applicable items in the Schedule concerned, and any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.
Administrative Decisions
(Judicial Review) Act 1977
1 After paragraph (ga) of
Schedule 1
Insert:
(gb) decisions making, or forming part of the process of making, or
leading up to the making of, assessments under Division 2 of Part 5 of
the Renewable Energy (Electricity) Act 2000 or decisions disallowing
objections to such assessments or decisions amending or refusing to amend such
assessments;
Renewable Energy
(Electricity) Act 2000
2 Section 3
Omit “qualifying electricity”, substitute “electricity
using eligible renewable energy sources”.
3 Subsection 5(1)
Insert:
electronic signature of a person means the person’s
unique identification in an electronic form that is approved by the
Regulator.
4 Subsection 5(1)
Insert:
eligible renewable energy source has the meaning given by
section 17.
5 Subsection 5(1) (definition of
identification code)
Repeal the definition.
6 Subsection 5(1)
Insert:
interest charge means the charge payable under
section 70.
7 Subsection 5(1) (definition of monitoring
warrant)
Repeal the definition, substitute:
monitoring warrant means a warrant issued under
section 125.
8 Subsection 5(1)
Insert:
nominated person, for an accredited power station,
means:
(a) if no approvals have been given under section 30B in relation to
the power station—the person who made the application for accreditation;
or
(b) if one or more approvals have been given under that section in
relation to the power station—the last person so approved.
9 Subsection 5(1)
Insert:
occupier, in relation to premises, includes a person present
at the premises who is in apparent control of the premises.
10 Subsection 5(1)
Insert:
penalty charge means the charge payable under
Part 9.
11 Subsection 5(1)
Insert:
premises includes the following:
(a) a structure, building or vehicle;
(b) a place (whether enclosed or built on or not);
(c) a part of a thing referred to in paragraph (a) or (b).
12 Subsection 5(1)
Insert:
registered person means a person registered under
Division 2 of Part 2.
13 Subsection 5(1)
Insert:
register of applications for accredited power stations has
the meaning given by section 141A.
14 Subsection 5(1) (paragraph (b) of the
definition of renewable energy shortfall charge related
liability)
Repeal the paragraph, substitute:
(b) interest charge; or
(c) penalty charge.
15 Subsection 5(1) (definition of senior
employee)
Omit “Regulator”, substitute “Office of the Renewable
Energy Regulator”.
16 Subsection 5(1)
Insert:
stakeholder, in relation to an accredited power station,
means:
(a) a person who operates the power station (whether alone or together
with one or more other persons); or
(b) a person who owns all, or a part, of the power station (whether alone
or together with one or more other persons).
17 Section 8
Omit “renewable energy sources”, substitute “eligible
renewable energy sources”.
18 Section 8
After “solar hot water heaters”, insert “or small
generation units”.
19 Division 2 of Part 2
(heading)
Repeal the heading, substitute:
20 Subsection 9(2)
After “section 30”, insert “or 30A”.
21 Subsection 13(1)
Repeal the subsection, substitute:
(1) A registered person may apply to the Regulator for accreditation, as
an accredited power station, of the components of an electricity generation
system that the person considers are a single power station if the
person:
(a) operates those components (whether alone or together with one or more
other persons); or
(b) owns all, or a part, of those components (whether alone or together
with one or more other persons).
22 Paragraph 13(2)(b)
Omit “parts”, substitute “components”.
23 After paragraph 13(2)(b)
Insert:
(baa) specify each other person (if any) who:
(i) operates those components (whether alone or together with one or more
other persons); or
(ii) owns all, or a part, of those components (whether alone or together
with one or more other persons); and
24 Subparagraph
13(2)(ba)(i)
Omit “eligible renewable power sources”, substitute
“eligible renewable energy sources”.
25 At the end of subsection
13(2)
Add:
; and (f) be accompanied by a statement in writing from each other person
(if any) specified under paragraph (baa) indicating that the other person
agrees to the making of the application.
26 At the end of subsection
14(1)
Add:
Note: A determination under paragraph (a) may be
varied: see Division 10.
27 Paragraph 14(2)(a)
Omit “eligible renewable power source”, substitute
“eligible renewable energy source”.
28 After subsection 14(2)
Insert:
(2A) However, a power station is not eligible for accreditation if the
Regulator is satisfied that a previous determination under paragraph (1)(a)
should be varied to include the components of the system specified in the
application for accreditation.
29 At the end of subsection
14(3)
Add:
Note: The 1997 eligible renewable power baseline for a power
station may be varied: see Division 12.
30 Subsection 14(4)
Omit “paragraphs (1)(a) and (b), (2)(a) and (b) and (3)(a) and
(b)”, substitute “paragraphs (1)(a) and
(3)(a)”.
31 At the end of
section 15
Add:
Note: The accreditation of an accredited power station may
be suspended: see Division 11.
32 After section 15
Insert:
If the Regulator approves an application, the applicant becomes the
nominated person for the accredited power station.
Note: The nominated person for the power station is able to
create certificates for electricity generated by the power station: see
section 18. The nominated person may change: see
Division 9.
33 Section 17
Repeal the section, substitute:
(1) The following energy sources are eligible renewable energy
sources:
(a) hydro;
(b) wave;
(c) tide;
(d) ocean;
(e) wind;
(f) solar;
(g) geothermal-aquifer;
(h) hot dry rock;
(i) energy crops;
(j) wood waste;
(k) agricultural waste;
(l) food waste;
(m) food processing waste;
(n) waste from processing of agricultural products;
(o) bagasse;
(p) black liquor;
(q) biomass-based components of municipal solid waste;
(r) landfill gas;
(s) sewage gas.
(2) Despite subsection (1), the following energy sources are not
eligible renewable energy sources:
(a) fossil fuels;
(b) materials or waste products derived from fossil fuels.
Regulations
(3) For the purposes of this Act, the regulations may provide that an
energy source referred to in subsection (1) or (2) has the meaning
prescribed by the regulations.
(4) For the purposes of this Act, the regulations may make provision for
and in relation to limiting the meaning of an energy source referred to in
subsection (1).
(5) For the purposes of this Act, the regulations may make provision for
and in relation to extending the meaning of an energy source referred to in
subsection (2).
34 Subsection 18(1)
Repeal the subsection, substitute:
(1) The nominated person for an accredited power station may create a
certificate for each whole MWh of electricity generated by the power station
during a year that is in excess of the power station’s 1997 eligible
renewable power baseline.
35 After subsection 18(1)
Insert:
(1A) A certificate may not be created in respect of a whole MWh of
electricity generated partly in 1 year and partly in the following
year.
36 Subsection 18(2)
Repeal the subsection, substitute:
(2) If the amount of electricity generated by an accredited power station
during a year that is in excess of the power station’s 1997
eligible renewable power baseline is less than 1 MWh but greater than or
equal to 0.5 MWh, the nominated person for the power station may create 1
certificate in respect of the electricity generated during the year.
37 Subsection 18(4)
Repeal the subsection, substitute:
(4) Electricity is to be excluded from all calculations under this
section:
(a) to the extent that the electricity was generated using any energy
sources that are not eligible renewable energy sources; or
(b) to the extent that the electricity was generated during any period of
suspension of the accreditation of the accredited power station under
section 30D or 30E.
38 At the end of
section 18
Add:
(5) The nominated person for an accredited power station may not create
any certificates during any period of suspension of the person’s
registration under section 30 or 30A.
39 Section 19
Repeal the section, substitute:
A certificate may be created at any time after the generation of the
final part of the electricity in relation to which it is created (including
creation in a year that is later than the year of generation).
Note: For offences related to the creation of certificates,
see section 24.
40 Subsection 20(1)
Repeal the subsection, substitute:
(1) The nominated person for an accredited power station must give an
electricity generation return for a year to the Regulator on or
before:
(a) 14 February in the following year; or
(b) any later day allowed by the Regulator.
41 Paragraph 20(2)(a)
Omit “person”, substitute “power
station”.
42 Paragraph 20(2)(c)
Repeal the paragraph, substitute:
(c) the number of certificates created during the year in respect of the
electricity generated by the power station during the year; and
(ca) the number of certificates created during the year in respect of any
electricity generated by the power station during any previous year;
and
43 After section 20
Insert:
(1) The Regulator may amend an electricity generation return if the
nominated person for the accredited power station concerned requests, in
writing, an amendment within 12 months of the return being given.
(2) The Regulator may also amend an electricity generation return on his
or her own initiative if the amendment is made within 4 years of the return
being given.
(3) If the Regulator refuses to amend an electricity generation return
upon a request by a nominated person for an accredited power station, the
Regulator must notify the person accordingly.
44 Subsection 21(1)
Omit “non-renewable”.
45 Subsection 21(2)
Omit “non-renewable”.
46 At the end of
section 21
Add:
(3) The regulations may provide that a solar water heater displaces
electricity even where the solar water heater is the first water heater
installed at the site of installation.
(4) Subsection (3) does not limit subsection (2).
47 At the end of
section 22
Add:
(2) Regulations made for the purposes of subsection (1)
may:
(a) empower the Regulator to make written determinations; and
(b) require the Regulator to have regard to specified guidelines when
making such determinations.
(3) Subsection (2) does not limit subsection (1).
48 After section 22
Insert:
The certificates may only be created within 12 months after the
installation of the solar water heater.
49 After section 23
Insert:
The regulations may make provision for and in relation to the Regulator
keeping a Register of Solar Water Heaters.
50 Subsection 23A(1)
Omit “and the small generation unit displaces non-renewable
electricity”.
51 Subsection 23A(2)
Repeal the subsection.
52 Paragraph 25(2)(b)
After “signature of the”, insert
“registered”.
53 Paragraph 25(2)(c)
After “the date on which the”, insert “final part of
the”.
54 After paragraph 25(2)(c)
Insert:
(ca) the eligible renewable energy source or sources of that electricity;
and
55 Subsection 26(3A)
Repeal the subsection, substitute:
(3A) The Regulator must not consider whether a certificate is eligible for
registration unless the Regulator has been paid the fee (if any) prescribed by
the regulations for such a consideration.
56 Subsection 29(1)
After “section 44”, insert “or 95”.
57 After section 30
Insert:
Regulator’s belief that offence committed
(1) The Regulator may, by written notice, suspend the registration of a
registered person if the Regulator believes on reasonable grounds that the
person has committed an offence against this Act or the regulations.
(2) The registration is suspended for such period (not exceeding 12
months) as the Regulator considers appropriate in all of the circumstances. That
period must be specified in the notice.
Registration obtained improperly
(3) The Regulator may, by written notice, suspend the registration of a
registered person if the registration was obtained improperly.
(4) The registration is suspended for such period (including permanently)
as the Regulator considers appropriate in all of the circumstances. That period
must be specified in the notice.
Note: The heading to section 30 is replaced by the
heading “Suspension of registration—conviction of
offence”.
58 At the end of
Part 2
Add:
(1) A registered person who is a stakeholder in relation to an accredited
power station may apply to the Regulator for approval to become the nominated
person for the power station.
Note: The nominated person is able to create certificates in
respect of electricity generated by the power station: see
section 18.
(2) The application must:
(a) be made in a form and manner required by the Regulator; and
(b) contain any information required by the Regulator; and
(c) be accompanied by any documents required by the Regulator;
and
(d) be accompanied by the fee (if any) prescribed by the regulations for
the making of such applications; and
(e) be accompanied by a statement in writing from each other stakeholder
(if any) in relation to the power station indicating that the other stakeholder
agrees to the making of the application.
(3) If the Regulator receives an application that is properly made, the
Regulator must, by writing, approve the applicant as the nominated person for
the power station.
(4) Otherwise, the Regulator must refuse to so approve the applicant and
must notify the applicant accordingly.
(1) The Regulator may, by writing, vary a determination under paragraph
14(1)(a). The Regulator may do so only in relation to an accredited power
station.
(2) The Regulator may do so on his or her own initiative or upon
application by the nominated person for the accredited power station.
(3) The application must:
(a) be made in a form and manner required by the Regulator; and
(b) contain any information required by the Regulator; and
(c) be accompanied by any documents required by the Regulator;
and
(d) be accompanied by the fee (if any) prescribed by the regulations for
the making of such applications; and
(e) be accompanied by a statement in writing from each other stakeholder
(if any) in relation to the power station indicating that the other stakeholder
agrees to the making of the application.
(4) If the Regulator refuses the application, the Regulator must notify
the applicant accordingly.
(1) The Regulator may, by written notice, suspend the accreditation of an
accredited power station if:
(a) the power station is part of a group of interconnected power stations;
and
(b) one or more of the power stations (an excess station)
in the group generates electricity during a year that is in excess of its
1997 eligible renewable power baseline for the year; and
(c) one or more of the power stations (a shortfall station)
in the group generates nil electricity during the year or generates electricity
during the year that is less than its 1997 eligible renewable power baseline for
the year; and
(d) the Regulator is satisfied that more certificates are able to be
created in respect of electricity generated during the year by any excess
station than would be able to be created if any shortfall station had generated
electricity during the year at least equal to its 1997 eligible renewable power
baseline for the year.
Period of suspension
(2) The accreditation is suspended for such period (including permanently)
as the Regulator considers appropriate in all of the circumstances. That period
must be specified in the notice.
Note: Any electricity generated by the power station while
its accreditation is suspended is to be excluded from all calculations under
section 18: see subsection 18(4).
Group of interconnected power stations
(3) 2 or more power stations form a group of interconnected power
stations if:
(a) each power station is able to generate electricity using a particular
supply (the relevant supply) of an eligible renewable energy
source; and
(b) the amount of electricity generated by each power station during a
year using that supply is able to be co-ordinated in order to allow more
certificates to be created in respect of the total electricity generated by the
power stations during the year using that supply than would otherwise be able to
be created.
Relevant matters
(4) In deciding whether or not to suspend the accreditation of an
accredited power station under subsection (1), the Regulator must have
regard to any information available to him or her that demonstrates that either
or both of the outcomes referred to in paragraphs (1)(b) and (c) were not
the result of a gaming arrangement.
(5) The Regulator may have regard to such other matters as he or she
thinks appropriate.
Gaming arrangement
(6) A gaming arrangement is an arrangement to co-ordinate
the amount of electricity generated by each power station in the group during
the year using the relevant supply in order to allow more certificates to be
created in respect of the total electricity generated by the power stations in
the group during the year using that supply than would otherwise be able to be
created.
Failure to give an electricity generation return
(1) The Regulator may, by written notice, suspend the accreditation of an
accredited power station if an electricity generation return for a year, in
respect of the station, has not been given to the Regulator in accordance with
section 20.
(2) The accreditation is suspended until the return is given to the
Regulator in accordance with that section. The notice must include a statement
to that effect.
Contravention of Commonwealth, State or Territory law
(3) The Regulator may, by written notice, suspend the accreditation of an
accredited power station if the Regulator believes on reasonable grounds that
the power station is being operated in contravention of a law of the
Commonwealth, a State or a Territory.
(4) The accreditation is suspended until the Regulator believes on
reasonable grounds that the power station is not being operated in contravention
of that law. The notice must include a statement to that effect.
Other circumstances
(5) The Regulator may, by written notice, suspend the accreditation of an
accredited power station in any other circumstances prescribed by the
regulations.
(6) The accreditation is suspended for such period (including permanently)
as the Regulator considers appropriate in all of the circumstances. That period
must be specified in the notice.
Note: Any electricity generated by the power station while
its accreditation is suspended under this section is to be excluded from all
calculations under section 18: see subsection 18(4).
(1) The Regulator may, by written determination, vary the 1997 eligible
renewable power baseline for an accredited power station in the circumstances
prescribed by the regulations.
(2) The regulations may make provision for the 1997 eligible renewable
power baseline for an accredited power station to be varied if an action or
policy of the Commonwealth Government reduces the power station’s ability
to generate electricity for a sustained period.
(3) Subsection (2) does not limit subsection (1).
Increase in baseline
(4) If a determination increases the 1997 eligible renewable power
baseline for an accredited power station, the determination has effect only for
the years following the year in which the determination is made.
Decrease in baseline
(5) If a determination decreases the 1997 eligible renewable power
baseline for an accredited power station, the determination has effect for the
year or years specified in the determination.
59 Subsection 32(2)
Omit “a generator”, substitute “the person who generated
the electricity”.
60 At the end of
section 32
Add:
(3) If there is a wholesale acquisition of electricity under this section,
then no other acquisition in relation to that electricity is a relevant
acquisition (regardless of when the other acquisition occurs).
61 Subsection 33(2)
Omit “generator” (first occurring), substitute “person
who generated the electricity”.
62 Subsection 33(2A)
Repeal the subsection.
63 Subsection 33(3)
Omit “generator” (first occurring), substitute “person
who generated the electricity”.
64 Subsection 36(2)
After “required renewable energy”, insert “(see
section 38)”.
65 Section 38
Omit “liable person” (wherever occurring), substitute
“liable entity”.
66 Paragraph 39(2)(b)
Repeal the paragraph, substitute:
(b) for any later year—the rate worked out using the
formula:
67 After subsection 39(3)
Insert:
(3A) If, at the time the Minister takes into consideration the matters
referred to in subsection (3), the amount applicable under
paragraph (3)(c) is not known, then the Minister may take into
consideration an estimate of that amount instead.
68 Section 40 (table, heading to column
2)
Omit “Required additional”.
69 At the end of
section 41
Add:
Note: See also section 101 (about payment of penalty
charge).
70 Subsection 42(1)
Omit “(including additional renewable energy shortfall charge)”
(first occurring), substitute “, penalty charge or interest
charge”.
71 Subsection 42(1)
Omit “(including additional renewable energy shortfall charge)”
(last occurring), substitute “, penalty charge and interest
charge”.
72 At the end of subsection
44(1)
Add:
Note: For amendment of such statements, see
section 45A.
73 Subsection 44(4)
Omit “annual energy acquisition”.
74 Subsection 44(4)
Omit “liable person”, substitute “liable
entity”.
75 Subsection 44(4)
Omit “certificates” (last occurring), substitute
“certificate”.
76 Subsection 44(5)
Repeal the subsection, substitute:
(5) The liable entity must pay the fee (if any) prescribed by the
regulations for the surrender of the renewable energy certificates that are
being surrendered for the year.
(6) The statement may be accompanied by the fee. Otherwise, the liable
entity must pay the fee within 60 days after the lodging of the
statement.
(7) If the fee is unpaid after that time, it is a debt due to the
Commonwealth and is recoverable by the Regulator in a court of competent
jurisdiction.
77 After section 45
Insert:
(1) The Regulator may amend an energy acquisition statement if the liable
entity requests, in writing, an amendment within 12 months of lodging the
statement.
(2) The Regulator may also amend an energy acquisition statement on his or
her own initiative if the amendment is made within 4 years of the liable entity
lodging the statement.
(3) If the Regulator refuses to amend an energy acquisition statement upon
a request by a liable entity, the Regulator must notify the entity
accordingly.
Note: An amendment of an energy acquisition statement under
this section may also result in the Regulator issuing an assessment under
section 48 or amending an assessment under
section 49.
78 Paragraphs 46(2)(d) and
(e)
Repeal the paragraphs, substitute:
(d) either any carried forward shortfall for the year or the amount of the
renewable energy shortfall charge for the year; and
79 Paragraph 47(c)
After “charge”, insert “(if any)”.
80 Paragraph 47(e)
Repeal the paragraph, substitute:
(e) the renewable energy certificate shortfall specified in the statement
is taken to be the liable entity’s renewable energy certificate shortfall
for the year; and
(ea) the amount of renewable energy shortfall charge (if any) specified in
the statement is taken to be the amount of renewable energy shortfall charge
payable by the liable entity for the year; and
81 Paragraph 48(1)(b)
Omit “is liable to pay renewable energy shortfall charge for the
year”, substitute “has a renewable energy certificate shortfall for
the year”.
82 Subsection 48(1)
Before “payable”, insert “(if any)”.
83 Paragraph 48(2)(c)
Omit “is liable to pay renewable energy shortfall charge for the
year”, substitute “has a renewable energy certificate shortfall for
the year”.
84 Subsection 48(2)
Before “payable”, insert “(if any)”.
85 At the end of subsection
49(1)
Add:
Note: This Division does not apply in relation to an
assessment under section 102: see section 53A.
86 Subsection 49(3)
Omit “An”, substitute “Subject to subsection (5),
an”.
87 Paragraph 49(6)(a)
Omit “the decision”, substitute “a
decision”.
88 Paragraph 49(6)(b)
Omit “its amendment by reduction of”, substitute “a
decision to reduce”.
89 Subsection 50(2) (definition of overpaid
amount)
Omit “additional renewable energy shortfall charge under
section 70 or Part 9”, substitute “penalty charge or
interest charge”.
90 Section 52
Omit “person liable to pay the renewable energy shortfall
charge”, substitute “liable entity concerned”.
91 At the end of
Part 5
Add:
This Division does not apply in relation to an assessment under
section 102.
92 At the end of
section 54
Add:
(2) This Division does not apply in relation to an assessment under
section 102.
Note: However, a person may seek review of a decision to
make an assessment under section 102: see Division 2.
93 Section 55
Omit “person” (wherever occurring), substitute “liable
entity”.
94 Subsection 57(2)
Omit “person’s”, substitute “liable
entity’s”.
Note: The heading to section 57 is altered by omitting
“Applications” and substituting
“Requests”.
95 Subsection 57(4)
Omit “person”, substitute “liable
entity”.
96 Subsection 57(6)
Omit “person”, substitute “liable
entity”.
97 Subsection 58(3)
Omit “person”, substitute “liable
entity”.
98 Section 62
Omit “person”, substitute “liable
entity”.
99 Section 65
Omit “additional renewable energy shortfall charge”, substitute
“penalty charge, interest charge”.
100 Subsection 66(1) (after table
item 3)
Insert:
|
3A |
to amend, or to refuse to amend, an electricity generation return |
section 20A |
the nominated person for the accredited power station concerned. |
101 Subsection 66(1) (table
item 5)
After “section 30”, insert “or 30A”.
102 Subsection 66(1) (after table
item 5)
Insert:
|
5A |
to refuse to approve a person as the nominated person for an accredited
power station |
section 30B |
the person. |
|
5B |
to vary, or to refuse to vary, a determination under paragraph
14(1)(a) |
section 30C |
the nominated person for the accredited power station concerned. |
|
5C |
to suspend the accreditation of an accredited power station |
section 30D or 30E |
the nominated person for the power station. |
|
5D |
to vary the 1997 eligible renewable power baseline for an accredited power
station |
section 30F |
the nominated person for the power station. |
|
5E |
to amend, or to refuse to amend, an energy acquisition statement |
section 45A |
the liable entity concerned. |
103 Subsection 66(1) (table
item 6)
Repeal the item, substitute:
|
6 |
assessing penalty charge |
section 102 |
the liable entity that is liable to pay the penalty charge. |
104 Subsection 66(1) (table
item 7)
Omit “additional renewable energy shortfall charge” (wherever
occurring), substitute “penalty charge”.
105 Part 7 (heading)
Repeal the heading, substitute:
106 Section 68
Omit “Additional renewable energy shortfall charge under
Part 9”, substitute “Penalty charge”.
Note: The heading to section 68 is altered by omitting
“additional renewable energy shortfall charge” and
substituting “penalty charge”.
107 Section 68
Omit “the additional charge”, substitute “that
charge”.
108 Section 70
Repeal the section, substitute:
Unpaid renewable energy shortfall charge
(1) If any amount (the unpaid amount) of renewable energy
shortfall charge which a liable entity is liable to pay remains unpaid after the
time by which it is due to be paid, the liable entity is liable to pay, by way
of penalty, interest charge on the unpaid amount for each day in the period
that:
(a) started at the beginning of the day by which the amount of the
renewable energy shortfall charge was due to be paid; and
(b) finishes at the end of the last day on which, at the end of the day,
any of the following remains unpaid:
(i) the renewable energy shortfall charge;
(ii) interest charge on any of the renewable energy shortfall
charge.
Unpaid penalty charge
(2) If any amount (the unpaid amount) of penalty charge
which a liable entity is liable to pay remains unpaid after the time by which it
is due to be paid, the liable entity is liable to pay, by way of penalty,
interest charge on the unpaid amount for each day in the period that:
(a) started at the beginning of the day by which the amount of the penalty
charge was due to be paid; and
(b) finishes at the end of the last day on which, at the end of the day,
any of the following remains unpaid:
(i) the penalty charge;
(ii) interest charge on any of the penalty charge.
Amount of interest charge
(3) The amount of the interest charge for a day is worked out by
multiplying the unpaid amount by the general interest charge rate for the
day.
When interest charge becomes due and payable
(4) The interest charge for a day is due and payable at the end of that
day.
109 Subsection 81(1)
Repeal the subsection, substitute:
(1) This Subdivision applies if:
(a) a person (the receiver), in the capacity of receiver, or
of receiver and manager, takes possession of a company’s assets for the
company’s debenture holders; and
(b) the company is, or has been, a liable entity.
110 At the end of subsection
85(1)
Add:
; and (c) is, or has been, a liable entity.
111 Paragraph 89(3)(a)
Omit “returns”, substitute “statement”.
112 Paragraph 89(3)(b)
Omit “additional returns or”.
113 Paragraph 89(4)(b)
Omit “return”, substitute “statement”.
114 Subsection 95(2)
Omit “return”, substitute “renewable energy shortfall
statement”.
115 Subsection 96(2)
After “charge”, insert “paid by the liable
entity”.
116 Subsection 99(1)
Omit “additional renewable energy shortfall charge”, substitute
“penalty charge”.
117 Subsection 99(2)
Omit “additional renewable energy shortfall charge”, substitute
“penalty charge”.
118 Subsection 99(3)
Omit “additional renewable energy shortfall charge”, substitute
“penalty charge”.
119 Subsection 99(4)
Omit “additional renewable energy shortfall charge”, substitute
“penalty charge”.
120 Subsection 100(1)
Omit “additional renewable energy shortfall charge”, substitute
“penalty charge”.
121 Section 101
Omit “additional renewable energy shortfall charge”, substitute
“penalty charge”.
Note: The heading to section 101 is altered by omitting
“Penalty renewable energy shortfall charge” and substituting
“Penalty charge”.
122 Subsection 102(1)
Omit “additional renewable energy shortfall charge”, substitute
“penalty charge”.
Note: The heading to section 102 is altered by omitting
“additional renewable energy shortfall charge” and
substituting “penalty charge”.
123 Section 103
Omit “additional renewable energy shortfall charge” (wherever
occurring), substitute “penalty charge”.
Note: The heading to section 103 is altered by omitting
“additional renewable energy shortfall charge” and
substituting “penalty charge”.
124 After subsection 107(1)
Insert:
(1A) The Regulator may, in writing, also appoint any of the following
persons to be an authorised officer for the purposes of this Part:
(a) any other person who is appointed or employed by the
Commonwealth;
(b) a person who is appointed or employed by a State or a
Territory.
125 Subsection 110(1)
Omit “this Act or of determining whether this Act has”,
substitute “this Act or the regulations or of determining whether this Act
or the regulations have”.
Note: The heading to section 110 is replaced by the
heading “Entry to premises”.
126 Paragraph 111(1)(b)
After “this Act”, insert “or the
regulations”.
127 Paragraph 111(1)(c)
After “this Act”, insert “or the
regulations”.
128 Paragraph 111(1)(e)
After “this Act”, insert “or the
regulations”.
129 Subparagraph
111(1)(h)(iii)
Omit “that”.
130 Subsection 111(2)
Omit “assessing the correctness of information provided under this
Act”, substitute “substantiating information provided under this Act
or the regulations”.
131 Paragraph 112(1)(a)
After “this Act”, insert “or the
regulations”.
132 Paragraph 112(2)(a)
After “this Act”, insert “or the
regulations”.
133 Paragraph 114(a)
Omit “gives evidence to”, substitute “answers a question
put by”.
134 Paragraph 114(b)
Omit “evidence”, substitute “answer”.
135 Paragraph 114(c)
Omit “evidence”, substitute “answer”.
136 Subsection 119(1)
Omit “premises in respect of which it is being executed”,
substitute “warrant premises”.
137 Paragraph 120(2)(a)
After “this Act”, insert “or the
regulations”.
138 Subsection 125(2)
Omit “this Act or of determining whether this Act has”,
substitute “this Act or the regulations or of determining whether this Act
or the regulations have”.
139 After Part 11
Insert:
(1) This section applies to a person if the Regulator has reason to
believe that the person:
(a) has information or a document that is relevant to the operation of
this Act; or
(b) is capable of giving evidence which the Regulator has reason to
believe is relevant to the operation of this Act.
(2) The Regulator may, by written notice given to the person, require the
person:
(a) to give to the Regulator, within the period and in the manner and form
specified in the notice, any such information; or
(b) to produce to the Regulator, within the period and in the manner
specified in the notice, any such documents; or
(c) if the person is an individual—to appear before the Regulator at
a time and place specified in the notice to give any such evidence, either
orally or in writing, and produce any such documents; or
(d) if the person is a body corporate—to cause a competent officer
of the body to appear before the Regulator at a time and place specified in the
notice to give any such evidence, either orally or in writing, and produce any
such documents.
(3) A person is guilty of an offence if the person fails to comply with a
requirement under subsection (2).
Maximum penalty: 20 penalty units.
Note: Chapter 2 of the Criminal Code sets out
the general principles of criminal responsibility.
(4) Strict liability applies to the element of the offence against
subsection (3) that the requirement is under subsection (2).
Note: For strict liability, see
section 6.1 of the Criminal Code.
(5) A notice under subsection (2) must set out the effect of the
following provisions:
(a) subsection (3);
(b) section 125E;
(c) section 125F;
(d) section 153.
(1) An individual is not excused from giving information or evidence or
producing a document under this Part on the ground that the information or
evidence or the production of the document might tend to incriminate the
individual or expose the individual to a penalty.
(2) However:
(a) the information or evidence given or the document produced;
or
(b) any information, document or thing obtained as a direct or indirect
consequence of giving the information or evidence or producing the
document;
is not admissible in evidence against the individual in criminal
proceedings other than:
(c) proceedings for an offence against subsection 125A(3) or
section 125E or 125F; or
(d) proceedings for an offence against section 153 that relates to
this Part.
The Regulator may inspect a document produced under this Part and may
make and retain copies of, or take and retain extracts from, such a
document.
(1) The Regulator may take, and retain for as long as is necessary,
possession of a document produced under this Part.
(2) The person otherwise entitled to possession of the document is
entitled to be supplied, as soon as practicable, with a copy certified by the
Regulator to be a true copy.
(3) The certified copy must be received in all courts and tribunals as
evidence as if it were the original.
(4) Until a certified copy is supplied, the Regulator must, at such times
and places as the Regulator thinks appropriate, permit the person otherwise
entitled to possession of the document, or a person authorised by that person,
to inspect and make copies of, or take extracts from, the document.
(1) A person is guilty of an offence if:
(a) the person gives evidence to another person; and
(b) the person does so knowing that the evidence is false or misleading in
a material particular; and
(c) the evidence is given in compliance or purported compliance with
section 125A.
Maximum penalty: Imprisonment for 12 months.
Note: Chapter 2 of the Criminal Code sets out
the general principles of criminal responsibility.
(2) Strict liability applies to paragraph (1)(c).
Note: For strict liability, see
section 6.1 of the Criminal Code.
(1) A person is guilty of an offence if:
(a) the person produces a document to another person; and
(b) the person does so knowing that the document is false or misleading in
a material particular; and
(c) the document is produced in compliance or purported compliance with
section 125A.
Maximum penalty: Imprisonment for 12 months.
Note 1: Chapter 2 of the Criminal Code sets out
the general principles of criminal responsibility.
Note 2: See also section 153 of this Act (which creates
an offence for the giving of false or misleading information).
(2) Strict liability applies to paragraph (1)(c).
Note: For strict liability, see
section 6.1 of the Criminal Code.
(3) Subsection (1) does not apply to a person who produces a document
if the document is accompanied by a written statement signed by the person or,
in the case of a body corporate, by a competent officer of the body
corporate:
(a) stating that the document is, to the knowledge of the first-mentioned
person, false or misleading in a material particular; and
(b) setting out, or referring to, the material particular in which the
document is, to the knowledge of the first-mentioned person, false or
misleading.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (3), see subsection 13.3(3) of the Criminal
Code.
140 Paragraph 126(1)(b)
Repeal the paragraph, substitute:
(b) a member of the staff of the Office of the Renewable Energy Regulator
referred to in section 151; or
141 Section 128
Omit “for the purpose of implementing this Act”, substitute
“for the purposes of this Act”.
142 Subsection 130(1)
Omit “for the purpose of implementing this Act”, substitute
“for the purposes of this Act”.
143 Paragraph 132(1)(b)
After “powers”, insert “in connection with proceedings
under this Act”.
144 Paragraph 138(b)
Repeal the paragraph, substitute:
(b) the name of the nominated person for the accredited power station;
and
145 Paragraph 140(a)
Omit “number”, substitute “unique identification
code”.
146 Paragraph 141A(b)
Omit “electricity generation system”, substitute “power
station”.
147 Paragraph 141A(d)
Omit “Registrar”, substitute “Regulator”.
148 At the end of subsection
147(3)
Add:
; or (e) fails, without reasonable excuse, to comply with
section 147A (disclosure of interests).
149 After section 147
Insert:
The Regulator must give written notice to the Minister of all interests,
pecuniary or otherwise, that the Regulator has or acquires and that could
conflict with the proper performance of the Regulator’s
functions.
150 Subsection 148(3)
Omit “The Consolidated Revenue Fund is appropriated for the payment
of the remuneration and allowances.”.
151 Subsection 160(1)
Omit “by the employer”.
152 Subsection 161(2)
Repeal the subsection.
Part 2—Application
and transitional provisions
153
Application—assessments
The amendment made by item 1 applies in relation to decisions made
after the commencement of that item.
154 Application—creation of renewable
energy certificates
The amendments made by items 3, 34, 35, 36, 39, 52, 53, 54 and 145
apply in relation to certificates created after the commencement of those
items.
155
Application—charges
The amendments made by items 6, 10, 14, 89, 99, 103, 104, 106, 107,
108 and 116 to 123 apply in relation to amounts that a liable entity becomes
liable to pay after the commencement of those items.
156 Application—applications for
accreditation of a power station
The amendments made by items 21, 22, 23, 25, 28 and 146 apply in
relation to applications made after the commencement of those items.
157 Application—electricity
generation
The amendment made by item 33 applies in relation to electricity
generated after the commencement of that item.
158 Application—solar water
heaters
The amendments made by items 44 to 49 apply in relation to solar water
heaters installed after the commencement of those items.
159 Application—small generation
units
The amendments made by items 50 and 51 apply in relation to small
generation units installed before or after the commencement of those
items.
160 Application—registration of renewable
energy certificates
The amendment made by item 55 applies in relation to notifications
made after the commencement of that item.
161 Application—relevant acquisitions of
electricity
The amendments made by items 60 and 62 apply in relation to
acquisitions of electricity occurring in the year ending 31 December 2002
or in any later year.
162
Application—secrecy
The amendments made by items 141, 142 and 143 apply in relation to
proceedings instituted after the commencement of those items.
163 Transitional—accredited power
stations
(1) This item applies in relation to a power station that was accredited
under Division 3 of Part 2 of the Renewable Energy (Electricity)
Act 2000 before the commencement of item 21 of this Schedule.
(2) The Regulator must, within 28 days after the commencement of that item,
approve a person as the nominated person for the power station.
Note: The register of accredited power stations is to
contain the name of the nominated person for an accredited power station: see
section 138 of the Renewable Energy (Electricity) Act
2000.
(3) The person approved must be a stakeholder in relation to the power
station.
Note: Another stakeholder in relation to the power station
may later apply to the Regulator to become the nominated person for the power
station: see section 30B of the Renewable Energy (Electricity) Act
2000.
(4) The approval must be in writing and is taken to be an approval given
under section 30B of the Renewable Energy (Electricity) Act
2000.
(5) For the purposes of section 66 of the Renewable Energy
(Electricity) Act 2000:
(a) the approval is taken to be a reviewable decision; and
(b) the affected person in relation to that decision is taken to be any
other stakeholder in relation to the power station.
(6) For the purposes of this item, stakeholder, in relation
to a power station, means:
(a) a person who operates the power station (whether alone or together
with one or more other persons); or
(b) a person who owns all, or a part, of the power station (whether alone
or together with one or more other persons).
164 Transitional—relevant acquisitions of
electricity
(1) This item applies if:
(a) a person has lodged an energy acquisition statement for the year
ending on 31 December 2001 (the 2001 year); and
(b) the amount of electricity specified in the statement as having been
acquired under relevant acquisitions is greater than the amount that would have
been acquired under relevant acquisitions if the amendments made by
items 60 and 62 had applied to the 2001 year.
(2) If this item applies, the amount of electricity acquired under relevant
acquisitions during the 2001 year is taken to be the amount that would have been
acquired under relevant acquisitions if the amendments made by items 60 and
62 had applied to the 2001 year.
(3) If, after the application of this item, the person has a carried
forward surplus at the end of the 2001 year, the Regulator may, upon written
application by the person:
(a) reduce the carried forward surplus of the person for the 2001 year
(which may be to nil); and
(b) reduce the renewable energy certificate shortfall of another person
for the 2001 year by a corresponding amount.