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RENEWABLE ENERGY (ELECTRICITY) ACT 2000 - SECT 99

Failure to provide statements or information
(1)
A liable entity, other than a government body, is liable to pay, by way of penalty, additional renewable energy shortfall charge if the liable entity refuses or fails to provide, when and as required under this Act:

(a)
an energy acquisition statement; or

(b)
a renewable energy shortfall statement; or

(c)
information relevant to assessing the liable entity's liability to pay renewable energy shortfall charge for a year.

(2)
A liable entity is liable to pay, by way of penalty, additional renewable energy shortfall charge if:

(a)
the liable entity is liable to pay renewable energy shortfall charge in relation to a year; and

(b)
the liable entity fails to keep a record in relation to the year containing details of the basis of calculation of the following amounts that were specified in the liable entity's energy acquisition statement for the year:

(i)
the amount of electricity acquired under relevant acquisitions during the year; and
(ii)
the value, in MWh, of renewable energy certificates being surrendered for that year; and
(iii)
any carried forward shortfall or carried forward surplus for the previous year; and
(iv)
any carried forward surplus for the current year.
(3)
A liable entity is liable to pay, by way of penalty, additional renewable energy shortfall charge if:

(a)
the liable entity is liable to pay renewable energy shortfall charge in relation to a year; and

(b)
the liable entity refuses or fails to produce to the Regulator, when and as required by the Regulator under this Act, a document containing details of the basis of calculation of the amounts referred to in paragraph (2)(a) that were specified in an energy acquisition statement.

(4)
The additional renewable energy shortfall charge payable under subsection (1), (2) or (3) is equal to double the amount of renewable energy shortfall charge payable by the liable entity for the year.


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