RENEWABLE ENERGY (ELECTRICITY) ACT 2000
Table of Provisions
PART 1--PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Object/outline
- 4 Years to which this Act applies
- 5 Definitions
- 6 Act binds Crown
- 7 Application to the external Territories
- 7A Tax deductibility
- 7B Constitutional basis
- 7C Immunity from State laws
PART 2--RENEWABLE--ENERGY CERTIFICATES
Division 1--Preliminary
- 8 Overview of Part
Division 2--Registration of persons
- 9 Who can register
- 10 Applying for registration
- 11 Regulator to refuse or approve application
- 12 Regulator to allocate registration numbers
Division 2A--Provisional accreditation of power stations
- 12A Application for provisional accreditation of a power station
- 12B Regulator may give provisional accreditation
- 12C Time limit for deciding applications
Division 3--Accreditation of eligible power stations
- 13 Application for accreditation
- 14 Regulator to determine certain matters
- 15 Regulator to approve or refuse application
- 15A Time limit for deciding applications
- 15B Nominated person for power station
- 16 Regulator to allocate identification codes
- 17 What is an eligible renewable energy source ?
- 17A What is eligible WCMG ?
Division 4--Creation of renewable energy certificates
Subdivision AA--Preliminary- 17B Overview of Division Subdivision A--Large-scale generation certificates for accredited power stations
- 17C Large - scale generation certificates
- 18 Creating certificates for additional renewable electricity
- 19 When certificates may be created
- 20 Electricity generation return
- 20A Amending electricity generation returns Subdivision B--Small-scale technology certificates for solar water heaters
- 20B Small - scale technology certificates
- 21 When a certificate may be created
- 22 How many certificates may be created
- 23 Who may create a certificate
- 23AA Register of solar water heaters Subdivision BA--Small-scale technology certificates for small generation units
- 23AB Small - scale technology certificates
- 23A When a certificate may be created
- 23AAA Regulations to establish scheme for inspection of new installations of small generation units
- 23B How many certificates may be created
- 23C Who may create a certificate
- 23D No other certificates to be created
- 23E Election to not create certificates under this Subdivision Subdivision BB--Solar water heater and small generation unit return
- 23F Solar water heater and small generation unit return Subdivision C--Improper creation of certificates
- 24 Improper creation of certificates--offences
- 24A Improper creation of certificates--civil penalty
- 24B False etc. information resulting in improper creation of certificates under Subdivision B or BA--civil penalty
Division 5--Form and registration of certificates
- 25 Form and content of large - scale generation certificates
- 25A Form and content of small - scale technology certificates
- 26 Certificates must be registered
Division 6--Transfer of certificates
Division 7--Retirement of certificates
Division 8--Suspension of registration
Division 9--Changing the nominated person for an accredited power station
- 30B Changing the nominated person for an accredited power station
Division 10--Varying what constitutes a power station
- 30C Varying what constitutes a power station
Division 11--Suspending the accreditation of a power station
- 30D Suspending the accreditation of a power station--interconnected power stations
- 30E Suspending the accreditation of a power station--other grounds
Division 12--Varying 1997 eligible renewable power baselines and 2008 WCMG limits
PART 2A--CLEARING--HOUSE FOR SMALL-SCALE TECHNOLOGY CERTIFICATES
Division 1--Preliminary
- 30H Overview of Part
Division 2--Regulator to establish and operate clearing house
- 30J Regulator to establish and operate clearing house
Division 3--Entering certificates into the clearing house
- 30K Application for certificate to be entered into the clearing house
- 30L Regulator to enter certificate into the clearing house
Division 4--Purchase of certificates through the clearing house
- 30LA Clearing house price etc.
- 30M Application for purchase of certificate through the clearing house
- 30N If there is a certificate on the clearing house transfer list--Regulator to transfer certificate
- 30P If there is no certificate on the clearing house transfer list--Regulator to create certificate
- 30Q Form and content of certificates created by the Regulator
Division 5--Renewable Energy Special Account
- 30R Renewable Energy Special Account
- 30S Credits to the Renewable Energy Special Account
- 30T Purposes of the Renewable Energy Special Account
Division 6--Other matters
- 30U Regulations about the operation of the clearing house
PART 3--ACQUISITION--OF ELECTRICITY
- 31 What are relevant acquisitions ?
- 32 Wholesale acquisitions
- 33 Notional wholesale acquisitions
- 34 Special provision relating to transactions involving AEMO or a person or body prescribed by the regulations
PART 4--RENEWABLE--ENERGY SHORTFALL CHARGE
Division 1AA--Preliminary
- 34A Overview of Part
Division 1--Liability to charge
Subdivision A--Liable entities- 35 Liable entities Subdivision B--Large-scale generation shortfall charge
- 36 Large - scale generation shortfall charge payable by liable entity
- 37 Amount of charge
- 38 Determination of large - scale generation shortfall Subdivision C--Small-scale technology shortfall charge
- 38AA Interpretive provisions relating to liability for small - scale technology shortfall charge etc.
- 38AB Small - scale technology shortfall charge payable by liable entity
- 38AC Amount of charge
- 38AD Determination of small - scale technology shortfall
- 38AE Quarterly shortfalls for the quarters of a year
- 38AF Energy acquisition statement lodged for previous year: application to have amount apply instead of previous year's reduced acquisitions
- 38AG No energy acquisition statement lodged for previous year: application to have amount apply as if it were previous year's reduced acquisitions
- 38AH No energy acquisition statement lodged for previous year: default rule
- 38AI General provisions relating to applications under sections 38AF and 38AG
Division 1A--Exemption from liability to charge
- 38A Object
- 38B Amount of exemption
- 38C Information about exemptions to be published on Regulator's website
Division 2--Renewable power percentage for large-scale generation shortfall charge
- 39 Regulations to specify renewable power percentage
- 40 Required GWh of renewable source electricity
Division 2A--Small-scale technology percentage for small-scale technology shortfall charge
- 40A Regulations to specify small - scale technology percentage
Division 2AA--Emerging renewable energy technologies
- 40AB Inclusion of emerging renewable energy technologies
Division 3--Other provisions related to renewable energy shortfall charge
- 40B Regulator to publish estimate of small - scale technology percentage
- 40C Regulator to give liable entity estimate of current year's required surrender amounts for first 3 quarters
- 41 Arrangements to avoid or reduce renewable energy shortfall charge
- 42 Application of Act to Commonwealth
- 43 Cancellation of exemptions from charges
PART 5--STATEMENTS--, CERTIFICATES AND ASSESSMENTS
Division 1AA--Preliminary
- 43A Overview of Part
Division 1--Statements
Subdivision A--Annual energy acquisition statements- 44 Annual energy acquisition statements
- 44A Surrender of large - scale generation certificates in energy acquisition statement
- 45 Surrender of small - scale technology certificates in quarterly surrender instrument
- 45A Amending energy acquisition statement at request of liable entity
- 45B Amending energy acquisition statement on Regulator's own initiative
- 45C Surrender of additional certificates if energy acquisition statement amended on Regulator's own initiative
- 45D Limitations on certificates that can be surrendered under this Subdivision
- 45E Fees for surrender of certificates under this Subdivision Subdivision B--Annual renewable energy shortfall statements
- 46 Annual renewable energy shortfall statements
Division 1A--Exemption certificates
- 46A Application for exemption certificate
- 46B Exemption certificates
- 46C Amending exemption certificates
- 46D Minister may obtain information from corporation
- 46E No exemption certificates to be issued to corporation for 5 years if Minister's request not complied with
- 46F Disclosure of information to the Regulator
Division 2--Assessments
Subdivision A--Large-scale generation shortfall charge- 47 First large - scale generation shortfall statement taken to be assessment of large - scale generation shortfall charge
- 48 Default assessments of large - scale generation shortfall charge Subdivision B--Small-scale technology shortfall charge
- 48A First small - scale technology shortfall statement taken to be assessment of small - scale shortfall charge
- 48B Default assessments of small - scale technology shortfall charge Subdivision C--Other provisions relating to assessments
- 49 Amendment of assessments
- 50 Refund of overpaid amounts
- 51 Amended assessment to be an assessment
- 52 Notice of assessment
- 53 Validity of assessment
- 53A Application of Division
PART 6--OBJECTIONS--, REVIEWS AND APPEALS
Division 1--Objections to and review of assessments
- 54 Objections
- 55 How objections are to be made
- 56 Limited objection rights in the case of certain amended assessments
- 57 Requests for extension of time
- 58 Regulator to decide objections
- 59 Person may require Regulator to make an objection decision
- 60 Liable entity may seek review of, or appeal against, Regulator's decision
- 61 Grounds of objection and burden of proof
- 62 Time limit for appeals
- 63 Order of Federal Court on objection decision
- 64 Implementation of Federal Court order in respect of objection decision
- 65 Pending appeal not to affect implementation of decisions
Division 2--Review of other decisions
- 66 Review of decisions
PART 7--COLLECTION--AND RECOVERY OF CHARGE
Division 1--General rules about collection and recovery
- 67 When renewable energy shortfall charge is payable
- 68 When penalty charge becomes due and payable
- 69 Extension of time for payment
- 70 Penalty for unpaid renewable energy shortfall charge or unpaid penalty charge
- 71 Recovery of renewable energy shortfall charge related liability
- 72 Service of documents if a person is absent from Australia or cannot be found
Division 2--Special rules about collection and recovery
Subdivision A--Recovery from a third party- 73 Regulator may collect amounts from third party
- 74 Notice to Commonwealth, State or Territory
- 75 Indemnity
- 76 Offence Subdivision B--Recovery from liquidator
- 77 Liquidator's obligation
- 78 Offence
- 79 Joint liability of 2 or more liquidators
- 80 Liquidator's other obligation or liability Subdivision C--Recovery from receiver
- 81 Receiver's obligation
- 82 Offence
- 83 Joint liability of 2 or more receivers
- 84 Receiver's other obligation or liability Subdivision D--Recovery from agent winding up business for non-resident principal
- 85 Obligation of agent winding up business for non - resident principal
- 86 Offence
- 87 Joint liability of 2 or more agents
- 88 Agent's other obligation or liability Subdivision E--Recovery from deceased person's estate
- 89 Administered estate
- 90 Unadministered estate
Division 3--Other matters
- 91 What this Division is about
- 92 Right of recovery if another person is liable
- 93 Right of contribution if persons are jointly liable
- 94 Regulator may authorise amount to be recovered
PART 8--REFUNDING--LARGE-SCALE GENERATION SHORTFALL CHARGE
- 95 Refunding large - scale generation shortfall charge in later years
- 96 Value of certificates surrendered
- 97 Certificates can only be surrendered if there is no shortfall
- 98 Refund of charge where certificates surrendered
PART 9--PENALTY--CHARGE
- 99 Penalty charge for failure to provide statements or information relevant to large - scale generation shortfall charge
- 99A Penalty charge for failure to provide statements or information relevant to small - scale technology shortfall charge
- 100 False or misleading statements
- 101 Penalty charge where arrangement to avoid renewable energy shortfall charge
- 102 Assessment of penalty charge
- 103 Remitting penalty charge
PART 10--ADMINISTRATION
PART 11--AUDIT
Division 1--Overview
- 106 Overview of Part
Division 2--Appointment of authorised officers and identity cards
Division 3--Powers of authorised officer
Subdivision A--Monitoring powers- 110 Entry to premises
- 111 Monitoring powers of authorised officers Subdivision B--Power of authorised officer to ask questions and seek production in certain circumstances
- 112 Authorised officer may request or require persons to answer questions etc.
- 113 Failure to provide information to authorised officer
Division 4--Obligations and incidental powers of authorised officers
- 116 Authorised officer must produce identity card on request
- 117 Consent
- 118 Announcement before entry
- 119 Details of monitoring warrant to be given to occupier etc. before entry
- 120 Use of electronic equipment in exercising monitoring powers
- 121 Compensation for damage to electronic equipment
Division 5--Occupier's rights and responsibilities
- 122 Occupier entitled to be present during execution of monitoring warrant
- 123 Occupier to provide authorised officer with all facilities and assistance
- 124 Offences related to warrants
Division 6--Warrants
- 125 Monitoring warrants
PART 11A--INFORMATION---GATHERING POWERS
- 125A Regulator may obtain information and documents
- 125B Self - incrimination
- 125C Copies of documents
- 125D Regulator may retain documents
- 125E False or misleading evidence
PART 12--PUBLICATION--OF INFORMATION
- 134 Regulator may publish certain information
PART 13--REGISTERS
Division 1--General
- 135 Registers to be maintained
Division 2--The register of registered persons
Division 3--The register of accredited power stations
Division 4--The register of large-scale generation certificates
Division 4A--The register of small-scale technology certificates
Division 5--The register of applications for accredited power stations
PART 15--OFFENCES--FOR FAILURE TO PROVIDE DOCUMENTS
- 154 Failure to provide documents
PART 15A--CIVIL--PENALTIES
Division 1--Civil penalty orders
- 154A Definitions
- 154B Civil penalty orders
- 154C Who may apply for a civil penalty order
- 154D Two or more proceedings may be heard together
- 154E Time limit for application for an order
- 154F Civil evidence and procedure rules for civil penalty orders
- 154G Civil proceedings after criminal proceedings
- 154H Criminal proceedings during civil proceedings
- 154J Criminal proceedings after civil proceedings
- 154K Evidence given in proceedings for a civil penalty order not admissible in criminal proceedings
- 154L Mistake of fact
- 154M State of mind
Division 2--Liability of executive officers of bodies corporate
- 154N Civil penalties for executive officers of bodies corporate
- 154P Reasonable steps to prevent contravention
PART 15B--OTHER--REMEDIES
Division 1--Enforceable undertakings
Division 2--Injunctions
- 154S Injunctions
PART 16--MISCELLANEOUS
- 155 Contracting outsiders
- 156 Delegation
- 157 Appropriation
- 159 Evidence
- 160 Records to be kept and preserved by registered persons, liable entities and holders of exemption certificates
- 160A Prescribing matters by reference to other instruments
- 160B Administrative decisions under the regulations
- 161 Regulations