Commonwealth Consolidated Acts

RENEWABLE ENERGY (ELECTRICITY) ACT 2000 - SECT 5

             (1)  In this Act, unless the contrary intention appears:

1997 eligible renewable power baseline has the meaning given by section 14.

"accredited power station" means a power station accredited under Division 3 of Part 2.

"Agriculture Department" means the Department responsible for administering the Primary Industries Levies and Charges Collection Act 1991 .

"arrangement" means:

                     (a)  any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; and

                     (b)  any scheme, plan, proposal, action, course of action or course of conduct.

"Australia" , when used in a geographical sense, includes all the external Territories.

"Australian Greenhouse Office" , if that Office does not exist, means the Department responsible for administering the Environment Protection and Biodiversity Conservation Act 1999 .

"authorised Commonwealth contractor" means a person who:

                     (a)  provides, or proposes to provide, services to the Commonwealth under a contract; and

                     (b)  is authorised, in writing, by the Regulator for the purposes of this definition.

"carried forward shortfall" has the meaning given by subsection 36(2).

"carried forward surplus" has the meaning given by section 38.

"certificate" means a renewable energy certificate created under Division 4 of Part 2.

"document" includes a document in electronic form.

ecologically sustainable means that an action is consistent with the following principles of ecologically sustainable development:

                     (a)  decision‑making processes should effectively integrate both long‑term and short‑term economic, environmental, social and equitable considerations;

                     (b)  if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation;

                     (c)  the principle of inter‑generational equity, which is that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations;

                     (d)  the conservation of biological diversity and ecological integrity should be a fundamental consideration in decision‑making;

                     (e)  improved valuation, pricing and incentive mechanisms should be promoted.

"electricity generation return" has the meaning given by section 20.

"electronic signature" of a person means the person's unique identification in an electronic form that is approved by the Regulator under subsection (3).

"eligible renewable energy source" has the meaning given by section 17.

"energy acquisition statement" has the meaning given by section 44.

"general interest charge rate" , for a day, is the rate that is the general interest charge rate for that day for the purposes of the Taxation Administration Act 1953 .

"government body" means the Commonwealth, a State, a Territory or an authority of the Commonwealth or of a State or Territory.

"GWh" means gigawatt hour.

"Head of the Australian Greenhouse Office" , if that Office does not exist, means the Secretary of the Department responsible for administering the Environment Protection and Biodiversity Conservation Act 1999 .

"interest charge" means the charge payable under section 70.

"liable entity" has the meaning given by section 35.

"Minister for Finance" means the Minister administering the Financial Management and Accountability Act 1997 .

"monitoring warrant" means a warrant issued under section 125.

"MW" means megawatt.

"MWh" means megawatt hour.

"National Electricity Rules means the National Electricity Rules, as in force from time to time, made under the National Electricity Law set out in the Schedule to the National Electricity ( South Australia" ) Act 1996 of South Australia.

"NEMMCO has the same meaning as in the National Electricity Law set out in the Schedule to the National Electricity ( South Australia" ) Act 1996 of South Australia.

"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.

"objection decision" has the meaning given by section 58.

"occupier" , in relation to premises, includes a person present at the premises who is in apparent control of the premises.

"offence against this Act" includes an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act.

"Office of the Renewable Energy Regulator" has the meaning given by section 149.

"outstanding renewable energy shortfall charge related liability" of a person at a particular time means a renewable energy shortfall charge related liability of the person:

                     (a)  that has arisen at or before that time (whether or not it is due and payable at that time); and

                     (b)  an amount of which has not been paid before that time.

"penalty charge" means the charge payable under Part 9.

"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).

"produce" includes permit access to.

"protected document" means a document that:

                     (a)  contains information about a person; and

                     (b)  is obtained or made by a person to whom Part 12 applies in the course of, or because of, the person's duties under or in relation to this Act.

"protected information" means information that:

                     (a)  concerns a person; and

                     (b)  is disclosed to, or obtained by, a person to whom Part 12 applies in the course of, or because of, the person's duties under or in relation to this Act.

"registered person" means a person registered under Division 2 of Part 2.

"register of accredited power stations" has the meaning given by section 138.

"register of applications for accredited power stations" has the meaning given by section 141A.

"register of registered persons" has the meaning given by section 136.

"register of renewable energy certificates" has the meaning given by section 140.

"registration number" has the meaning given by section 12.

"Regulator" means the Renewable Energy Regulator (see section 142).

"relevant acquisition" has the meaning given by section 31.

"renewable energy certificate" means a certificate created under Division 4 of Part 2.

"renewable energy shortfall charge" means the charge payable under section 36.

"renewable energy certificate shortfall" has the meaning given by section 38.

"renewable energy shortfall charge related liability" means a pecuniary liability to the Commonwealth (including a liability the amount of which is not yet due and payable) being:

                     (a)  renewable energy shortfall charge; or

                     (b)  interest charge; or

                     (c)  penalty charge.

"renewable energy shortfall statement" has the meaning given by section 46.

"renewable power percentage" means the percentage prescribed under section 39.

"required GWh of renewable source electricity" has the meaning given by section 40.

"required renewable energy" has the meaning given by section 38.

"senior employee" , in relation to an authorised Commonwealth contractor, means an employee of the contractor, where the skills and responsibilities that are expected of the employee are equivalent to, or exceed, the skills and responsibilities expected of at least one of the senior officers of the Office of the Renewable Energy Regulator.

"senior officer" , in relation to the Office of the Renewable Energy Regulator, means:

                     (a)  an SES employee or acting SES employee in the Office of the Renewable Energy Regulator; or

                     (b)  a person who holds or performs the duties of an Executive Officer (Level 2) office or position in the Office of the Renewable Energy Regulator.

"small generation unit" means a device that generates electricity that is specified by the regulations to be a small generation unit.

"solar water heater" means a device that heats water using solar energy that satisfies any conditions set out in the regulations.

"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).

"warrant premises" , in relation to a monitoring warrant, means the premises to which the warrant relates.

             (2)  For the purposes of this Act, electricity is taken to be a good that can be acquired.

             (3)  The Regulator may, in writing, approve an electronic form for the purposes of the definition of electronic signature in subsection (1).