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PARLIAMENT OF VICTORIA
Victorian Energy Efficiency Target Bill 2007
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
3 Definitions 2
4 Objects 5
5 Crown to be bound 6
6 Extra-territorial operation 6
PART 2--ADMINISTRATION 7
7 Role of ESC 7
8 Approved interstate energy efficiency regime 7
PART 3--ENERGY EFFICIENCY CERTIFICATES 9
Division 1--Accredited persons 9
9 Who may apply to be accredited? 9
10 ESC may require consent or undertaking from applicant for
accreditation 9
11 ESC to approve or refuse application 10
12 Time limit for deciding applications 10
13 ESC to allocate registration numbers 11
14 Suspension of accreditation 11
Division 2--Prescribed activities 12
15 Prescribed activities 12
Division 3--Creation of certificates 13
16 Who may create a certificate? 13
17 When can a certificate be created? 14
18 How many certificates may be created in respect of a
prescribed activity 15
19 Declaration of discount factors 15
20 Offences relating to creation of certificates 16
561102B.I-30/10/2007 i BILL LA INTRODUCTION 30/10/2007
Clause Page
Division 4--Form, registration, expiry and transfer of certificates 18
21 Form and content of certificates 18
22 Certificates must be registered 18
23 Expiry of certificate 19
24 Certificates may be transferred 19
Division 5--Retirement of certificates 20
25 Owner may surrender certificate voluntarily 20
26 Retirement of certificates 20
PART 4--ENERGY EFFICIENCY CERTIFICATE SHORTFALL
AND VEET SCHEME TARGET 21
27 Energy efficiency certificate shortfall 21
28 Civil penalty for shortfall 21
29 Calculation of energy efficiency certificate shortfall 21
30 VEET scheme target 22
31 Greenhouse gas emissions liability for relevant entity 23
32 Greenhouse gas reduction rates 24
PART 5--STATEMENTS AND SURRENDER OF
CERTIFICATES 25
33 Annual energy acquisition statements 25
34 Restrictions on certificates that can be surrendered 26
35 Fees for surrender of certificates 26
PART 6--ENFORCEMENT 28
36 Shortfall statement 28
37 Application for declaration and order for payment of shortfall
penalty 29
38 Certificate surrender notice 29
39 Application for declaration and order requiring surrender of
certificates 31
40 ESC may require surrender of certificates if certificates
improperly created 32
PART 7--POWERS OF AUTHORISED OFFICERS 33
Division 1--Appointment of authorised officers 33
41 Appointment of authorised officers 33
42 Identity cards 33
Division 2--Powers of authorised officer 34
43 When may powers be exercised? 34
44 Entry to premises 34
561102B.I-30/10/2007 ii BILL LA INTRODUCTION 30/10/2007
Clause Page
45 Information to be provided to occupier on entry 35
46 Entry with consent 36
47 Entry with monitoring warrant 36
48 Monitoring powers of authorised officers 37
49 Authorised officer may ask for information 39
50 Authorised officer may require information 40
51 Failure to produce documents or answer questions 40
52 Protection against self-incrimination 40
Division 3--Occupiers' rights and responsibilities 41
53 Occupier may be present during execution of warrant 41
54 Occupier to provide authorised officer with assistance 41
Division 4--Monitoring warrants 41
55 Monitoring warrants 41
PART 8--GENERAL 44
Division 1--Review of decisions 44
56 Review of decisions 44
Division 2--Registers 45
57 Registers to be maintained 45
58 Register of accredited persons 45
59 Register of energy efficiency certificates 46
Division 3--Information provisions 46
60 ESC may obtain information and documents 46
61 Failure to comply with notice 47
62 Protection against self-incrimination 48
63 Copies of documents 48
64 ESC may retain documents 48
65 Disclosure of information an offence 48
66 Information may be disclosed to specified persons or bodies 49
67 ESC must publish certain information 50
Division 4--General offences 51
68 False or misleading information 51
69 Failure to provide documents 51
70 Offences by bodies corporate 52
Division 5--Evidence and records 52
71 Evidence 52
72 Records to be kept by accredited persons and relevant entities 53
561102B.I-30/10/2007 iii BILL LA INTRODUCTION 30/10/2007
Clause Page
Division 6--Fees 54
73 Fees 54
Division 7--ESC guidelines 56
74 ESC guidelines 56
Division 8--Regulations 57
75 Regulations 57
Division 9--Review of Act 59
76 Review of operation of Act 59
PART 9--AMENDMENT OF ESSENTIAL SERVICES
COMMISSION ACT 2001 61
77 Functions 61
78 New section 10D inserted 61
10D Commission's functions in relation to energy efficiency 61
79 Repeal of this Part 61
ENDNOTES 62
561102B.I-30/10/2007 iv BILL LA INTRODUCTION 30/10/2007
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Victorian Energy Efficiency Target Bill
2007
A Bill for an Act to promote the reduction of greenhouse gas
emissions by establishing the Victorian Energy Efficiency Target
scheme and to amend the Essential Services Commission Act 2001
to confer functions on the Essential Services Commission and for
other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The purpose of this Act is to promote the
reduction of greenhouse gas emissions by
5 establishing the VEET scheme which--
(a) provides for the creation and acquisition of
energy efficiency certificates; and
(b) requires the surrender of energy efficiency
certificates.
561102B.I-30/10/2007 1 BILL LA INTRODUCTION 30/10/2007
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Part 1--Preliminary
s. 2
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
5 operation before 1 January 2009, it comes into
operation on that day.
3 Definitions
(1) In this Act--
accredited person means a person accredited
10 under Division 1 of Part 3;
approved interstate energy efficiency regime
means a law of another State or a Territory
approved under section 8;
business day means a day other than a Saturday or
15 Sunday or a public holiday appointed under
the Public Holidays Act 1993;
carried forward surplus has the meaning given by
section 29(2)(c);
certificate means an energy efficiency certificate
20 created under Division 3 of Part 3;
energy acquisition statement means an energy
acquisition statement under section 33;
energy efficiency certificate shortfall has the
meaning given by section 29(2)(a);
25 energy efficiency shortfall penalty has the
meaning given by section 28;
ESC means the Essential Services Commission
established under section 7 of the Essential
Services Commission Act 2001;
30 ESC guidelines means the guidelines made by the
ESC under section 74;
561102B.I-30/10/2007 2 BILL LA INTRODUCTION 30/10/2007
Victorian Energy Efficiency Target Bill 2007
Part 1--Preliminary
s. 3
gas has the same meaning as it has under section 3
of the Gas Industry Act 2001;
GJ means a gigajoule of energy from the
combustion of gas;
5 greenhouse gas means--
(a) carbon dioxide, methane, nitrous oxide,
sulfur hexafluoride, hydrofluorocarbons
and perfluorocarbons; and
(b) any other gas prescribed to be a
10 greenhouse gas;
greenhouse gas reduction rate means a rate fixed
by Order under section 32(2) or in
accordance with section 32(3);
monitoring warrant means a warrant issued under
15 section 55;
MWh means megawatt hour;
NEMMCO has the same meaning as it has in the
National Electricity (Victoria) Law;
occupier in relation to premises, includes a person
20 present at the premises who is in apparent
control of the premises;
premises includes the following--
(a) a structure, building or vehicle;
(b) a place (whether enclosed or built on or
25 not);
(c) a part of a thing referred to in
paragraph (a) or (b);
prescribed means prescribed by the regulations;
prescribed activity means an activity which is
30 prescribed to be a prescribed activity in
accordance with section 15;
561102B.I-30/10/2007 3 BILL LA INTRODUCTION 30/10/2007
Victorian Energy Efficiency Target Bill 2007
Part 1--Preliminary
s. 3
prescribed greenhouse gas scheme means--
(a) a voluntary offset scheme; or
(b) a mandatory greenhouse gas scheme; or
(c) any other arrangement--
5 which promotes the reduction of greenhouse
gas emissions and which is prescribed for the
purposes of this Act;
produce includes permit access to;
register of accredited persons has the meaning
10 given by section 58;
register of energy efficiency certificates has the
meaning given by section 59;
registration number has the meaning given by
section 13;
15 relevant entity means a person who--
(a) sells either electricity or gas, or both
electricity and gas, to customers; and
(b) has 5000 or more customers to whom
either electricity or gas is, or both
20 electricity and gas are, sold to in
Victoria; and
(c) makes a scheme acquisition in
connection with the sale of either
electricity or gas, or the sale of both
25 electricity and gas, to those customers;
scheme acquisition means the purchase for on-
sale to a prescribed customer or prescribed
class of customers in Victoria of--
(a) electricity from NEMMCO or a person
30 or body prescribed for the purposes of
this paragraph but does not include any
acquisition of electricity by NEMMCO;
561102B.I-30/10/2007 4 BILL LA INTRODUCTION 30/10/2007
Victorian Energy Efficiency Target Bill 2007
Part 1--Preliminary
s. 4
(b) gas from a producer, storage provider
or interconnected pipeline operator
(within the meaning of the MSO Rules
made under the Gas Industry Act
5 2001) or from VENCorp or a person or
body prescribed for the purposes of this
paragraph but does not include any
acquisition of gas by VENCorp;
VEET scheme means the scheme established by
10 this Act;
VEET scheme target means the VEET scheme
target under section 30;
VENCorp has the same meaning as it has in
section 3 of the Gas Industry Act 2001;
15 warrant premises, in relation to a monitoring
warrant, means the premises to which the
warrant relates;
year means calendar year.
(2) For the purposes of this Act, electricity or gas is
20 taken to be a good that can be acquired.
(3) For the purposes of this Act, the carbon dioxide
equivalent of a greenhouse gas means the tonnes
of carbon dioxide that have the same global
warming potential as a tonne of the greenhouse
25 gas.
4 Objects
The objects of this Act are to--
(a) reduce greenhouse gas emissions;
(b) encourage the efficient use of electricity and
30 gas;
(c) encourage investment, employment and
technology development in industries that
supply goods and services which reduce the
use of electricity and gas by consumers.
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Victorian Energy Efficiency Target Bill 2007
Part 1--Preliminary
s. 5
5 Crown to be bound
This Act binds the Crown in right of Victoria and,
so far as the legislative power of the Parliament
permits, the Crown in all its other capacities.
5 6 Extra-territorial operation
It is the intention of the Parliament that the
operation of this Act should, so far as possible,
include operation in relation to the following--
(a) land situated outside Victoria, whether in or
10 outside Australia;
(b) things situated outside Victoria, whether in
or outside Australia;
(c) acts, transactions and matters done, entered
into or occurring outside Victoria, whether in
15 or outside Australia;
(d) things, acts, transactions and matters,
(wherever situated, done, entered into or
occurring) that would, apart from this Act, be
governed or otherwise affected by the law of
20 the Commonwealth, another State, a
Territory or a foreign country.
__________________
561102B.I-30/10/2007 6 BILL LA INTRODUCTION 30/10/2007
Victorian Energy Efficiency Target Bill 2007
Part 2--Administration
s. 7
PART 2--ADMINISTRATION
7 Role of ESC
(1) The ESC is responsible for the general
administration of this Act.
5 (2) Without limiting subsection (1), the functions of
the ESC under this Act include to--
(a) accredit persons who may create certificates;
(b) monitor and administer the creation,
registration, transfer and surrender of
10 certificates;
(c) enforce the imposition of energy efficiency
shortfall penalties;
(d) undertake audits of the creation of
certificates by accredited persons;
15 (e) monitor compliance with this Act.
(3) The ESC must provide a report on the
performance of the VEET scheme to the
Minister--
(a) after the end of each year after the
20 commencement of this section; and
(b) at the end of any other period as requested by
the Minister in writing.
(4) The ESC must include a report on the operation of
this Act in its annual report of operations under
25 Part 7 of the Financial Management Act 1994.
8 Approved interstate energy efficiency regime
(1) The Minister, by notice published in the
Government Gazette, may approve a law of
another State or a Territory to be an approved
30 interstate energy efficiency regime.
561102B.I-30/10/2007 7 BILL LA INTRODUCTION 30/10/2007
Victorian Energy Efficiency Target Bill 2007
Part 2--Administration
s. 8
(2) The Minister must not approve a law of another
State or a Territory to be an approved interstate
energy efficiency regime unless he or she is
satisfied that--
5 (a) the approval of that law would complement,
and not detract from, the achievement of the
purpose and objects of this Act; and
(b) the approval of that law would not impose
unreasonable costs on purchasers of
10 electricity or gas in Victoria; and
(c) the law promotes the reduction of
greenhouse gas emissions; and
(d) the arrangements for the monitoring, and
enforcement, of compliance with that law are
15 no less stringent than those under this Act.
__________________
561102B.I-30/10/2007 8 BILL LA INTRODUCTION 30/10/2007
Victorian Energy Efficiency Target Bill 2007
Part 3--Energy Efficiency Certificates
s. 9
PART 3--ENERGY EFFICIENCY CERTIFICATES
Division 1--Accredited persons
9 Who may apply to be accredited?
(1) A person may apply to the ESC to be an
5 accredited person.
(2) An application must--
(a) be made in a form and manner required by
the ESC; and
(b) contain any information required by the ESC
10 which the ESC considers necessary for the
purposes of the VEET scheme; and
(c) be accompanied by any documents required
by the ESC which the ESC considers
necessary for the purposes of deciding
15 whether to approve the application; and
(d) be accompanied by any relevant fee fixed
under section 73.
(3) If required by the ESC under section 10, the
applicant must provide to the ESC--
20 (a) evidence of the kind referred to in
section 10(1); and
(b) an undertaking referred to in section 10(2).
10 ESC may require consent or undertaking from
applicant for accreditation
25 (1) The ESC may require an applicant under section 9
to consent in writing to the disclosure of
information of a kind specified by the ESC and
held under a prescribed greenhouse gas scheme.
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Victorian Energy Efficiency Target Bill 2007
Part 3--Energy Efficiency Certificates
s. 11
(2) The ESC may require an applicant under section 9
to give an undertaking not to claim any benefit
under a prescribed greenhouse gas scheme if that
would result in a benefit being obtained under
5 both that scheme and the VEET scheme in respect
of the same activity.
(3) For the purposes of subsection (2), benefit
means--
(a) the creation of a certificate under the VEET
10 scheme; or
(b) a benefit under the prescribed greenhouse
gas scheme.
11 ESC to approve or refuse application
(1) If the ESC receives an application that complies
15 with section 9, the ESC must approve the
application.
(2) If the ESC is not satisfied that an application
complies with section 9, the ESC must refuse the
application.
20 12 Time limit for deciding applications
(1) The ESC must decide an application made under
section 9 within--
(a) the period of 20 business days beginning on
the day the ESC received the application; or
25 (b) if before the end of that period the ESC and
the applicant agree to a longer period, that
longer period.
(2) If during the period applicable under subsection
(1), the ESC requests information from an
30 applicant for the purpose of deciding the
application, the period between the request and
the giving of the information must be disregarded
for the purpose of calculating the period
applicable under subsection (1).
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Part 3--Energy Efficiency Certificates
s. 13
(3) If the ESC has not decided the application within
the period applicable under this section, the ESC
is to be taken to have made a decision at the end
of that period under section 11 refusing the
5 application.
13 ESC to allocate registration numbers
If the ESC approves an application under
section 11, the ESC must--
(a) allocate the applicant a unique registration
10 number; and
(b) advise the applicant of the number.
14 Suspension of accreditation
(1) If an accredited person has been convicted of an
offence under section 20, the ESC may, by written
15 notice, suspend the person's accreditation for the
period (not exceeding 2 years) as the ESC
considers appropriate in all of the circumstances
and specifies in the notice.
(2) If a person whose accreditation has previously
20 been suspended under subsection (1) is convicted
of another offence under section 20, the ESC may,
by written notice, suspend the person's
accreditation for the period (including
permanently) that the ESC considers appropriate
25 in all of the circumstances and specifies in the
notice.
(3) The ESC may, by written notice, suspend the
accreditation of an accredited person if the ESC
believes on reasonable grounds that the person--
30 (a) has committed an offence against this Act; or
(b) has breached an undertaking given to the
ESC under section 10(2).
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Victorian Energy Efficiency Target Bill 2007
Part 3--Energy Efficiency Certificates
s. 15
(4) An accreditation that is suspended under
subsection (3) is suspended for the period (not
exceeding 12 months) that the ESC considers
appropriate in all of the circumstances and
5 specifies in the notice.
(5) The ESC may, by written notice, suspend the
accreditation of an accredited person if the
accreditation was obtained improperly.
(6) An accreditation that is suspended under
10 subsection (5) is suspended for the period
(including permanently) that the ESC considers
appropriate in all of the circumstances and
specifies in the notice.
Division 2--Prescribed activities
15 15 Prescribed activities
(1) Regulations made under section 75 may prescribe
an activity in Victoria or in another State or
Territory in which an approved interstate energy
efficiency regime is in force to be a prescribed
20 activity.
(2) An activity may be prescribed to be a prescribed
activity if the activity will result in a reduction in
greenhouse gas emissions that would not
otherwise have occurred if the activity was not
25 undertaken.
(3) Without limiting the generality of subsection (2),
an activity of the following kind is an activity that
will result in a reduction in greenhouse gas
emissions that would not otherwise have occurred
30 if the activity was not undertaken--
(a) modifying or replacing an appliance, a
structure or any equipment so as to reduce
consumption of electricity or gas where there
is no negative effect on output;
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Part 3--Energy Efficiency Certificates
s. 16
(b) replacing any equipment or system that uses
electricity or gas and emits relatively high
levels of greenhouse gases with an energy
source that emits relatively low levels of
5 greenhouse gases;
(c) purchasing an appliance or any equipment
for the purpose of being installed which has
an efficiency rating prescribed as a high
efficiency rating for an appliance or
10 equipment of that kind or class;
(d) installing an appliance or any equipment
which has an efficiency rating prescribed as
a high efficiency rating for an appliance or
equipment of that kind or class.
15 Division 3--Creation of certificates
16 Who may create a certificate?
(1) Subject to sections 17 and 18--
(a) the consumer of electricity or gas in respect
of whom the prescribed activity is
20 undertaken; or
(b) a person who is the holder of an assignment
of the right to create a certificate made by the
consumer referred to in paragraph (a)--
may, if that consumer or that person is an
25 accredited person, create a certificate or
certificates in relation to the prescribed activity.
(2) If the owner of a premises is not the consumer of
electricity or gas in respect of whom the
prescribed activity is undertaken because--
30 (a) the owner of the premises is the landlord of
premises in which the tenant is the consumer
of the electricity or gas; or
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Victorian Energy Efficiency Target Bill 2007
Part 3--Energy Efficiency Certificates
s. 17
(b) the owner of the premises is undertaking the
construction of the premises or the
renovation of the premises which are not
currently connected for electricity or gas--
5 the owner of the premises is to be taken to be the
consumer of electricity or gas in respect of whom
the prescribed activity is undertaken for the
purposes of subsection (1)(a).
(3) An assignment for the purposes of subsection
10 (1)(b) must be made--
(a) by a written notice; and
(b) in the manner and form specified in the ESC
guidelines.
(4) If a consumer makes an assignment in accordance
15 with subsection (3), the consumer ceases to be
entitled to create the certificate or certificates in
respect of the prescribed activity to which the
assignment relates.
(5) In this section, owner has the same meaning as in
20 the Subdivision Act 1988.
17 When can a certificate be created?
(1) A certificate can only be created if the prescribed
activity has been undertaken on or after the
commencement of the VEET scheme and before
25 1 January 2030.
(2) For the purposes of subsection (1), the regulations
may specify when a prescribed activity is to be
taken to have been undertaken.
(3) A certificate must be created not later than
30 6 months after the end of the year in which the
prescribed activity has been undertaken.
(4) Regulations made under section 75 may prescribe
conditions or circumstances under which a
certificate cannot be created.
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Part 3--Energy Efficiency Certificates
s. 18
18 How many certificates may be created in respect of
a prescribed activity
(1) An accredited person may create a certificate for
each whole tonne of carbon dioxide equivalent of
5 greenhouse gases to be reduced by the prescribed
activity.
(2) Regulations made under section 75 may provide
for the method and variables to be used to
calculate the carbon dioxide equivalent of
10 greenhouse gases to be reduced by the prescribed
activity for the purposes of this section.
19 Declaration of discount factors
(1) This section applies if the Minister proposes to
make a declaration specifying the discount factors
15 which are to be used to calculate the carbon
dioxide equivalent of greenhouse gas emissions to
be reduced by a prescribed activity or a class of
prescribed activities for the purposes of
section 18(1).
20 (2) Without limiting the generality of subsection (1),
the discount factors are to take into account any
uncertainty associated with the reduction of
greenhouse gas emissions that would eventuate
from a specified prescribed activity or specified
25 class of prescribed activities but for the existence
of the VEET scheme.
(3) The Minister must publish in the Government
Gazette a notice of intention to declare a discount
factor specifying--
30 (a) the proposed discount factor;
(b) the prescribed activity or class of prescribed
activities in respect of which the discount
factor is proposed;
(c) the reasons for the proposed discount factor;
561102B.I-30/10/2007 15 BILL LA INTRODUCTION 30/10/2007
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Part 3--Energy Efficiency Certificates
s. 20
(d) the procedures for the making and
consideration of submissions.
(4) If after complying with subsection (3), the
Minister determines to make the declaration, the
5 Minister may make the declaration by notice
published in the Government Gazette.
(5) A notice under subsection (4) must--
(a) contain a copy of the declaration; and
(b) specify the date from which the declaration
10 is to take effect.
20 Offences relating to creation of certificates
(1) A person who is not entitled under this Act to
create a certificate must not create a certificate
under this Act.
15 Penalty: 60 penalty units in the case of an
individual;
240 penalty units in the case of a body
corporate.
(2) In determining whether a person was or was not
20 entitled to create a certificate under this Act, the
fact that the certificate has been registered by the
ESC under section 22 is to be disregarded.
Note
This ensures that a person cannot raise as relevant evidence
25 the fact that a certificate has been registered.
(3) An accredited person must not create a certificate
in respect of a prescribed activity which occurred
before the person applied for accreditation under
section 9.
30 Penalty: 60 penalty units in the case of an
individual;
240 penalty units in the case of a body
corporate.
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Part 3--Energy Efficiency Certificates
s. 20
(4) An accredited person must not create a certificate
during any period in which accreditation under
section 9 is suspended in accordance with
section 14.
5 Penalty: 60 penalty units in the case of an
individual;
240 penalty units in the case of a body
corporate.
(5) An accredited person must not create a certificate
10 in respect of a prescribed activity, if the accredited
person--
(a) has previously created a valid certificate
under this Act in respect of that prescribed
activity; or
15 (b) has knowledge that another person has
previously created a valid certificate under
this Act in respect of that prescribed activity.
Penalty: 60 penalty units in the case of an
individual;
20 240 penalty units in the case of a body
corporate.
(6) An accredited person must not create a certificate
in respect of a prescribed activity if the accredited
person or another person has previously obtained
25 any benefit in respect of that prescribed activity
under a prescribed greenhouse gas scheme.
Penalty: 60 penalty units in the case of an
individual;
240 penalty units in the case of a body
30 corporate.
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Part 3--Energy Efficiency Certificates
s. 21
Division 4--Form, registration, expiry and transfer of
certificates
21 Form and content of certificates
(1) A certificate must be created in an electronic form
5 specified in the ESC guidelines.
(2) A certificate must contain--
(a) a unique identification code;
(b) the name of the consumer of electricity or
gas;
10 (c) the date on which the prescribed activity
occurred;
(d) details of the prescribed activity;
(e) the date on which the certificate was created.
(3) A certificate's unique identification code consists
15 of the following in the following order--
(a) the accredited person's registration number;
(b) the year;
(c) a number in an unbroken sequence, that is
used for all certificates issued by the
20 accredited person in that year, that starts at
one and has increments of one.
22 Certificates must be registered
(1) A certificate is not valid until it has been
registered by the ESC.
25 (2) If the ESC is notified that a certificate has been
created, the ESC must decide whether the
certificate is eligible for registration.
(3) A certificate is not eligible for registration unless
the ESC has been paid any relevant fee fixed
30 under section 73 for the registration of the
certificate.
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Part 3--Energy Efficiency Certificates
s. 23
(4) If the ESC decides that a certificate is eligible for
registration, the ESC must create an entry for the
certificate in the register of energy efficiency
certificates and record the person who created the
5 certificate as the owner of the certificate.
(5) If the ESC decides that a certificate is not eligible
for registration, or has been improperly created,
the ESC must--
(a) not register the certificate; and
10 (b) notify the person who created the certificate.
23 Expiry of certificate
(1) A certificate expires--
(a) on the day which is the sixth anniversary of
the day on which the prescribed activity was
15 undertaken; or
(b) if it is surrendered to the ESC before the
certificate expires under paragraph (a), on
the day on which it is surrendered.
(2) If a certificate expires, the ESC must alter the
20 entry relating to the certificate in the register of
certificates to show that the certificate has expired
and is no longer valid.
24 Certificates may be transferred
(1) A certificate registered under section 22 may be
25 transferred to any person.
(2) The ESC must be notified of the transfer of a
certificate.
(3) The notification must be by electronic
transmission in the manner specified in the ESC
30 guidelines.
(4) The notification must be accompanied by any
relevant fee fixed under section 73.
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Part 3--Energy Efficiency Certificates
s. 25
(5) If the ESC is notified in accordance with this
section, the ESC must alter the register of
certificates to show the transferee as the owner of
the certificate.
5 Division 5--Retirement of certificates
25 Owner may surrender certificate voluntarily
(1) The owner of a certificate may voluntarily
surrender the certificate under this section.
Note
10 Certificates may also be surrendered under section 33, 38,
39 or 40.
(2) The owner of a certificate, must at the same time,
give the ESC, reasons in writing, why the
certificate is being surrendered.
15 (3) A certificate surrendered under this section must
not be included in an energy acquisition
statement.
26 Retirement of certificates
(1) If a certificate is surrendered under section 25
20 or 33 or in accordance with section 38, 39 or 40,
the certificate ceases to be valid.
(2) If a certificate ceases to be valid, the ESC must
alter the entry relating to the certificate in the
register of energy efficiency certificates to show
25 that the certificate is no longer valid.
__________________
561102B.I-30/10/2007 20 BILL LA INTRODUCTION 30/10/2007
Victorian Energy Efficiency Target Bill 2007
Part 4--Energy Efficiency Certificate Shortfall and VEET Scheme Target
s. 27
PART 4--ENERGY EFFICIENCY CERTIFICATE
SHORTFALL AND VEET SCHEME TARGET
27 Energy efficiency certificate shortfall
(1) A relevant entity must not have an energy
5 efficiency certificate shortfall for a year in which
the relevant entity makes a scheme acquisition.
(2) Subsection (1) does not apply in the year
commencing 1 January 2030 or any year after that
year.
10 28 Civil penalty for shortfall
(1) A relevant entity which has an energy efficiency
certificate shortfall for a year is liable to pay to the
Consolidated Fund, as a pecuniary penalty, an
energy efficiency shortfall penalty determined in
15 accordance with this section.
(2) The energy efficiency shortfall penalty payable by
a relevant entity for a year is determined by
multiplying the relevant entity's energy efficiency
certificate shortfall (in tonnes of carbon dioxide
20 equivalent of greenhouse gas emissions) for that
year by the prescribed shortfall penalty rate.
29 Calculation of energy efficiency certificate shortfall
(1) The energy efficiency certificate shortfall of a
relevant entity for a year is to be calculated in
25 accordance with the formula--
A (B + C)
where--
"A" is the number of tonnes of carbon dioxide
equivalent of greenhouse gas emissions that
30 the relevant entity is liable for under
section 31 in that year;
561102B.I-30/10/2007 21 BILL LA INTRODUCTION 30/10/2007
Victorian Energy Efficiency Target Bill 2007
Part 4--Energy Efficiency Certificate Shortfall and VEET Scheme Target
s. 30
"B" is the number of tonnes of carbon dioxide
equivalent of greenhouse gas emissions
attributable to certificates surrendered under
section 33 by the relevant entity in that year;
5 "C" is the number of tonnes of carbon dioxide
equivalent of greenhouse gas emissions
which are a carried forward surplus for the
previous year.
(2) If the result of the calculation under
10 subsection (1)--
(a) is greater than zero, the relevant entity has an
energy efficiency certificate shortfall for the
year equal to the result;
(b) is zero or less than zero, the relevant entity
15 does not have a energy efficiency certificate
shortfall for the year;
(c) is less than zero, the relevant entity has a
carried forward surplus for the year.
30 VEET scheme target
20 The VEET scheme target is--
(a) in each of the first 3 years commencing
1 January 2009, 2.7 million tonnes of carbon
dioxide equivalent; and
(b) in each year of each 3 year period in the
25 period commencing 1 January 2012 and
ending 31 December 2029, the target
prescribed for each year of each 3 year
period by regulations made not later than
31 May in the year preceding each 3 year
30 period.
561102B.I-30/10/2007 22 BILL LA INTRODUCTION 30/10/2007
Victorian Energy Efficiency Target Bill 2007
Part 4--Energy Efficiency Certificate Shortfall and VEET Scheme Target
s. 31
31 Greenhouse gas emissions liability for relevant
entity
(1) For the purposes of section 29, the total amount in
tonnes of carbon dioxide equivalent of greenhouse
5 gas emissions that a relevant entity is liable for in
respect of electricity in a year is to be calculated
in accordance with the formula--
E × RE
where--
10 "E" is the amount of electricity (in MWh)
acquired by the relevant entity under scheme
acquisitions in that year;
"RE" is the greenhouse gas reduction rate for
electricity fixed under section 32 for that
15 year.
(2) For the purposes of section 29, the total amount in
tonnes of carbon dioxide equivalent of greenhouse
gas emissions that a relevant entity is liable for in
respect of gas in a year is to be calculated in
20 accordance with the formula--
G × RG
where--
"G" is the amount of gas (in GJ) acquired by the
relevant entity under scheme acquisitions in
25 that year;
"RG" is the greenhouse gas reduction rate for gas
fixed under section 32 for that year.
(3) The amount calculated under subsection (1) or (2)
is to be rounded up to the nearest tonne of carbon
30 dioxide equivalent of greenhouse gas emissions.
561102B.I-30/10/2007 23 BILL LA INTRODUCTION 30/10/2007
Victorian Energy Efficiency Target Bill 2007
Part 4--Energy Efficiency Certificate Shortfall and VEET Scheme Target
s. 32
32 Greenhouse gas reduction rates
(1) The Governor in Council, by Order published in
the Government Gazette, may fix greenhouse gas
reduction rates for electricity and for gas in
5 respect of a year.
(2) An Order under subsection (1) fixing the
greenhouse gas reduction rate for electricity and
for gas for 2009 must be made on or before
31 May 2009 and for each subsequent year must
10 be made on or before 31 May in that subsequent
year.
(3) If a greenhouse gas reduction rate for electricity or
for gas for any year is not fixed by Order, the
greenhouse gas reduction rate for electricity or for
15 gas for that year is the greenhouse gas reduction
rate for electricity or for gas for the previous year.
__________________
561102B.I-30/10/2007 24 BILL LA INTRODUCTION 30/10/2007
Victorian Energy Efficiency Target Bill 2007
Part 5--Statements and Surrender of Certificates
s. 33
PART 5--STATEMENTS AND SURRENDER OF
CERTIFICATES
33 Annual energy acquisition statements
(1) A relevant entity which makes a scheme
5 acquisition during a year must lodge an energy
acquisition statement for the year on or before--
(a) 30 April in the following year; or
(b) any later day allowed by the ESC.
(2) An energy acquisition statement must set out--
10 (a) the name and postal address of the relevant
entity;
(b) the amount of electricity and gas acquired
under scheme acquisitions during the year;
(c) the value, in tonnes of carbon dioxide
15 equivalent of greenhouse gas emissions, of
certificates being surrendered for that year
under this section;
(d) any carried forward surplus for the previous
year;
20 (e) any carried forward surplus for the current
year;
(f) any other information specified in the ESC
guidelines.
(3) An energy acquisition statement must--
25 (a) be made in a form and manner specified in
the ESC guidelines;
(b) be accompanied by any relevant fee fixed
under section 73 in respect of the lodging of
an energy acquisition statement;
30 (c) be signed by or on behalf of the relevant
entity making the statement.
561102B.I-30/10/2007 25 BILL LA INTRODUCTION 30/10/2007
Victorian Energy Efficiency Target Bill 2007
Part 5--Statements and Surrender of Certificates
s. 34
(4) An energy acquisition statement must be
accompanied by details of all certificates being
surrendered for that year under this section.
(5) A certificate cannot be specified in the energy
5 acquisition statement unless the relevant entity is
recorded in the register of energy efficiency
certificates as the owner of the certificate at the
time that the statement is lodged.
(6) An energy acquisition statement must also be
10 audited by an independent third party engaged by
the relevant entity before it is lodged under this
section.
34 Restrictions on certificates that can be surrendered
A certificate cannot be surrendered under
15 section 33 unless--
(a) the certificate is valid; and
(b) the certificate was created before 31 January
in the year following the year to which the
energy acquisition statement relates; and
20 (c) the relevant entity is recorded in the register
of energy efficiency certificates as the owner
of the certificate at the time that the
statement is lodged.
35 Fees for surrender of certificates
25 (1) The ESC must, by notice in writing given to the
relevant entity, advise the relevant entity--
(a) of the number of certificates specified under
section 33(4) that can be surrendered for that
year; and
30 (b) of any relevant fee fixed under section 73
that is payable by the relevant entity in
respect of the surrender of those certificates.
561102B.I-30/10/2007 26 BILL LA INTRODUCTION 30/10/2007
Victorian Energy Efficiency Target Bill 2007
Part 5--Statements and Surrender of Certificates
s. 35
(2) The relevant entity must pay the fee within the
period of 20 business days beginning on the day
the relevant entity receives the notice under
subsection (1).
5 (3) If the fee is unpaid at the end of that period, the
fee is a debt due to the Crown and is recoverable
by the ESC in any court of competent jurisdiction.
__________________
561102B.I-30/10/2007 27 BILL LA INTRODUCTION 30/10/2007
Victorian Energy Efficiency Target Bill 2007
Part 6--Enforcement
s. 36
PART 6--ENFORCEMENT
36 Shortfall statement
(1) If the ESC considers that a relevant entity is in
breach of an obligation under section 27 in respect
5 of a year, the ESC may issue a shortfall statement
to the relevant entity.
(2) The shortfall statement must set out--
(a) the name and postal address of the relevant
entity;
10 (b) the relevant entity's energy efficiency
certificate shortfall for the year;
(c) the energy efficiency shortfall penalty that
the relevant entity is liable to pay under
section 28;
15 (d) the manner in which that penalty is to be
paid;
(e) the time within which that penalty is to be
paid;
(f) any other information which may be required
20 by the ESC.
(3) The shortfall statement must include a statement
advising the relevant entity that if the energy
efficiency shortfall penalty is not paid in
accordance with the shortfall notice, the ESC may
25 apply to a court for an order requiring the penalty
to be paid.
561102B.I-30/10/2007 28 BILL LA INTRODUCTION 30/10/2007
Victorian Energy Efficiency Target Bill 2007
Part 6--Enforcement
s. 37
37 Application for declaration and order for payment
of shortfall penalty
(1) If an energy efficiency shortfall penalty is not paid
in accordance with a shortfall notice, the ESC may
5 apply to a court for--
(a) a declaration that the relevant entity has
contravened section 27; and
(b) an order requiring the relevant entity to pay
the energy efficiency shortfall penalty.
10 (2) If the court is satisfied that the relevant entity has
contravened section 27, the court may--
(a) make the declaration sought; and
(b) order the relevant entity to pay to the ESC
for payment into the Consolidated Fund the
15 amount of the energy efficiency shortfall
penalty that the relevant entity is liable to
pay under section 28.
(3) An order made under this section is taken, for the
purposes of enforcement, to be an order made by
20 the court in a civil proceeding.
38 Certificate surrender notice
(1) If the ESC considers that an accredited person is
in breach of an undertaking given under section
10(2), the ESC may issue a certificate surrender
25 notice to that person.
(2) A person must comply with a certificate surrender
notice issued to the person under this section.
Penalty: 600 penalty units and an additional
1 penalty unit for each certificate that
30 the person fails to surrender in
accordance with the notice.
561102B.I-30/10/2007 29 BILL LA INTRODUCTION 30/10/2007
Victorian Energy Efficiency Target Bill 2007
Part 6--Enforcement
s. 38
(3) The ESC must not issue a certificate surrender
notice under this section unless the ESC has
suspended the accreditation of the accredited
person under section 14(3)(b).
5 (4) A surrender certificate notice must specify--
(a) the name and postal address of the accredited
person;
(b) the number of certificates that must be
surrendered to the ESC;
10 (c) the time within which the certificates
specified must be surrendered.
(5) The number of certificates that must be
surrendered must be equivalent to the number of
certificates created and registered under this Act
15 in breach of the undertaking.
(6) The certificate surrender notice must include a
statement advising the accredited person that if the
number of certificates specified in the certificate
surrender notice to be surrendered is not
20 surrendered in accordance with the certificate
surrender notice, the ESC may apply to a court for
an order under section 39.
(7) A certificate surrendered in accordance with a
certificate surrender notice is not to be counted
25 toward a person's compliance with section 27.
(8) To avoid doubt, it is not an excuse for a failure to
comply with a certificate surrender notice that the
person to whom the certificate surrender notice is
issued is not, at the time the certificate surrender
30 notice is issued, the registered owner of a
sufficient number of certificates to comply with
the certificate surrender notice.
561102B.I-30/10/2007 30 BILL LA INTRODUCTION 30/10/2007
Victorian Energy Efficiency Target Bill 2007
Part 6--Enforcement
s. 39
39 Application for declaration and order requiring
surrender of certificates
(1) If certificates are not surrendered in accordance
with a certificate surrender notice, the ESC may
5 apply to a court for--
(a) a declaration that an accredited person has
breached an undertaking given by that
person under section 10(2); and
(b) an order requiring the accredited person to
10 surrender to the ESC the number of
certificates specified in the order.
(2) If the court is satisfied that the accredited person
has breached the undertaking given by the person
under section 10(2), the court may--
15 (a) make the declaration sought; and
(b) order the accredited person to surrender to
the ESC the number of certificates specified
in the order within the time specified in the
order.
20 (3) If the court is not satisfied that the accredited
person has breached the undertaking given by the
person under section 10(2), the court may order
the ESC to revoke the suspension of the
accreditation of the accredited person under
25 section 14(3)(b).
(4) A certificate surrendered in accordance with an
order made under this section is not to be counted
toward a person's compliance with section 27.
(5) To avoid doubt, it is not an excuse for a failure to
30 comply with an order under this section that the
person who is the subject of the order is not, at the
time the order is made, the registered owner of a
sufficient number of certificates to comply with
the order.
561102B.I-30/10/2007 31 BILL LA INTRODUCTION 30/10/2007
Victorian Energy Efficiency Target Bill 2007
Part 6--Enforcement
s. 40
40 ESC may require surrender of certificates if
certificates improperly created
(1) The ESC may by order in writing require a person
to surrender to the ESC, within a period specified
5 in the order, the number of certificates specified in
the order.
(2) A person must comply with an order under this
section.
Penalty: 600 penalty units and an additional
10 1 penalty unit for each certificate that
the person fails to surrender in
accordance with the order.
(3) An order can only be made against a person under
this section if the person is found guilty of an
15 offence against section 20(1), 20(3), 20(4), 20(5)
or 20(6).
(4) If an order is made against a person found guilty
of an offence under section 20(1), 20(3), 20(4),
20(5) or 20(6), the ESC must require the person to
20 surrender the number of certificates that is
equivalent to the number of certificates that were
created by the person in contravention of section
20(1), 20(3), 20(4), 20(5) or 20(6) and registered
under this Act.
25 (5) A certificate surrendered under this section is not
to be counted toward a person's compliance with
section 27.
(6) To avoid doubt, it is not an excuse for a failure to
comply with an order under this section that the
30 person who is the subject of the order is not, at the
time the order is made, the registered owner of a
sufficient number of certificates to comply with
the order.
__________________
561102B.I-30/10/2007 32 BILL LA INTRODUCTION 30/10/2007
Victorian Energy Efficiency Target Bill 2007
Part 7--Powers of Authorised Officers
s. 41
PART 7--POWERS OF AUTHORISED OFFICERS
Division 1--Appointment of authorised officers
41 Appointment of authorised officers
(1) The ESC may, in writing, appoint any of the
5 following persons as an authorised officer for the
purposes of this Part--
(a) an employee of the ESC;
(b) a person employed under Part 3 of the
Public Administration Act 2004;
10 (c) any other person employed by the State;
(d) any other person who the ESC considers has
appropriate skills, qualifications and
experience.
(2) The ESC must not appoint a person as an
15 authorised officer unless the ESC is satisfied that
the person has appropriate skills, qualifications
and experience.
(3) In exercising powers or performing functions as
an authorised officer, an authorised officer must
20 comply with any directions of the ESC.
42 Identity cards
(1) The ESC must issue an identity card to an
authorised officer.
(2) The identity card must contain a recent
25 photograph and the signature of the authorised
officer.
(3) An authorised officer must carry the identity card
at all times when exercising powers or performing
functions as an authorised officer.
561102B.I-30/10/2007 33 BILL LA INTRODUCTION 30/10/2007
Victorian Energy Efficiency Target Bill 2007
Part 7--Powers of Authorised Officers
s. 43
(4) An authorised officer must produce his or her
identity card for inspection--
(a) before exercising a power under this Part
other than a requirement made by post, fax,
5 email or other electronic communication;
and
(b) at any time during the exercise of a power
under this Part, if asked to do so.
Penalty: 10 penalty units.
10 Division 2--Powers of authorised officer
43 When may powers be exercised?
(1) An authorised officer may exercise powers under
this Part only to the extent that it is reasonably
necessary to do so for substantiating information
15 provided under this Act or for determining
whether this Act has been complied with.
(2) In exercising powers under this Part, an authorised
officer must--
(a) cause as little inconvenience as possible; and
20 (b) not remain on premises any longer than is
reasonably necessary.
44 Entry to premises
(1) An authorised officer may at any reasonable time
of the day--
25 (a) without force, enter any premises; and
(b) exercise the monitoring powers set out in
section 48.
561102B.I-30/10/2007 34 BILL LA INTRODUCTION 30/10/2007
Victorian Energy Efficiency Target Bill 2007
Part 7--Powers of Authorised Officers
s. 45
(2) An authorised officer is not authorised to enter
premises under subsection (1) unless--
(a) the occupier of the premises, whether
business or residential, has consented to the
5 entry and the authorised officer has complied
with section 46; or
(b) the entry is made under a monitoring
warrant.
(3) If the authorised officer is on the premises with
10 the consent of the occupier, the authorised officer
must leave the premises if the occupier asks the
authorised officer to do so.
45 Information to be provided to occupier on entry
(1) If the occupier of the premises is present when an
15 authorised officer exercises a power of entry
under this Part, the officer must inform the
occupier of the purpose of the entry.
Note
The authorised officer must also produce his or her identity
20 card for inspection: see section 42(4).
(2) If an authorised officer exercises a power of entry
under this Part without the occupier being present,
the officer must--
(a) on leaving the premises, leave a notice
25 setting out--
(i) the time of entry; and
(ii) the purpose of entry; and
(iii) a description of all things done while
on the premises; and
30 (iv) the time of departure; and
(v) the procedure for contacting the officer
for further details of the entry; and
561102B.I-30/10/2007 35 BILL LA INTRODUCTION 30/10/2007
Victorian Energy Efficiency Target Bill 2007
Part 7--Powers of Authorised Officers
s. 46
(b) post a copy of that notice to the occupier of
the premises, if the identity and address of
the occupier are known to the officer.
46 Entry with consent
5 (1) If an occupier consents to an entry under
section 44, the authorised officer must before
entering the premises ask the occupier to sign an
acknowledgement stating--
(a) that the occupier has been informed of the
10 purpose of the entry; and
(b) that the occupier has been informed that he
or she may refuse to consent to the entry; and
(c) that the occupier has consented to the entry;
and
15 (d) the date and time that the occupier
consented.
(2) An occupier who signs an acknowledgement must
be given a copy of the signed acknowledgement
before the authorised officer leaves the premises.
20 (3) If, in any proceeding, an acknowledgement is not
produced to the court or tribunal, it must be
presumed, until the contrary is proved, that the
occupier did not consent to the entry.
(4) An entry of an authorised officer by virtue of the
25 consent of a person is not lawful unless the person
voluntarily consented to the entry.
47 Entry with monitoring warrant
(1) An authorised officer executing a monitoring
warrant must, before entering premises under the
30 warrant--
(a) announce that he or she is authorised to enter
the premises; and
561102B.I-30/10/2007 36 BILL LA INTRODUCTION 30/10/2007
Victorian Energy Efficiency Target Bill 2007
Part 7--Powers of Authorised Officers
s. 48
(b) give any person at the premises an
opportunity to allow entry to the premises.
(2) If a monitoring warrant is being executed and the
occupier of the premises or another person who
5 apparently represents the occupier is present at the
premises, the authorised officer must make
available to that person a copy of the warrant.
(3) The authorised officer must identify himself or
herself to the person referred to in subsection (2).
10 48 Monitoring powers of authorised officers
(1) For the purposes of this Part, the following are the
monitoring powers that an authorised officer may
exercise in relation to premises under section 44--
(a) the power to search the premises for any
15 thing on the premises that may relate to--
(i) the creation or transfer of certificates;
or
(ii) scheme acquisitions;
(b) the power to examine any activity conducted
20 on the premises that may relate to
information provided for the purposes of this
Act;
(c) the power to examine any thing on the
premises that may relate to information
25 provided for the purposes of this Act;
(d) the power to take photographs or make video
or audio recordings or sketches on the
premises of any such activity or thing;
(e) the power to inspect any document on the
30 premises that may relate to information
provided for the purposes of this Act;
(f) the power to take extracts from, or make
copies of, that document;
561102B.I-30/10/2007 37 BILL LA INTRODUCTION 30/10/2007
Victorian Energy Efficiency Target Bill 2007
Part 7--Powers of Authorised Officers
s. 48
(g) the power to take onto the premises any
equipment and materials as the authorised
officer requires for the purpose of exercising
powers in relation to the premises;
5 (h) the power to secure a thing that--
(i) is found during the exercise of
monitoring powers on the premises;
and
(ii) an authorised officer believes on
10 reasonable grounds affords evidence of
the commission of an offence against
this Act; and
(iii) the authorised officer believes on
reasonable grounds would be lost,
15 destroyed or tampered with before a
warrant can be obtained--
until a warrant is obtained to seize the thing;
(i) the powers in subsections (2) and (3).
(2) For the purposes of this Part, monitoring powers
20 include the power to operate equipment at
premises to see whether--
(a) the equipment; or
(b) a disk, tape or other storage device that--
(i) is at the premises; and
25 (ii) can be used with the equipment or is
associated with it--
contains information that is relevant to
substantiating information provided under this
Act.
561102B.I-30/10/2007 38 BILL LA INTRODUCTION 30/10/2007
Victorian Energy Efficiency Target Bill 2007
Part 7--Powers of Authorised Officers
s. 49
(3) For the purposes of this Part, monitoring powers
include the following powers in relation to
information described in subsection (2) found in
the exercise of the power under that subsection--
5 (a) the power to operate facilities at the premises
to put the information in documentary form
and copy the documents so produced;
(b) the power to operate facilities at the premises
to transfer the information to a disk, tape or
10 other storage device that--
(i) is brought to the premises for the
exercise of the power; or
(ii) is at the premises and the use of which
for the purpose has been agreed in
15 writing by the occupier of the premises;
(c) the power to remove from the premises a
disk, tape or other storage device to which
the information has been transferred in the
exercise of the power under paragraph (b).
20 49 Authorised officer may ask for information
If the authorised officer was only authorised to
enter premises because the occupier of the
premises consented to the entry, the authorised
officer may ask the occupier to--
25 (a) answer any questions related to the creation
or transfer of certificates, scheme
acquisitions or the provision of information
under this Act that are put by the authorised
officer; and
30 (b) produce any document requested by the
authorised officer that is so related.
561102B.I-30/10/2007 39 BILL LA INTRODUCTION 30/10/2007
Victorian Energy Efficiency Target Bill 2007
Part 7--Powers of Authorised Officers
s. 50
50 Authorised officer may require information
If the authorised officer was authorised to enter
the premises by a monitoring warrant, the
authorised officer may require any person in or on
5 the premises to--
(a) answer any questions related to the creation
or transfer of certificates, scheme
acquisitions or the provision of information
under this Act that are put by the authorised
10 officer; and
(b) produce any document requested by the
authorised officer that is so related.
51 Failure to produce documents or answer questions
A person must not, without reasonable excuse, fail
15 to answer a question or produce a document
required under section 50.
Penalty: 60 penalty units.
52 Protection against self-incrimination
(1) It is a reasonable excuse for an individual to
20 refuse or fail to answer a question or produce a
document under section 50 if the answering of the
question or the production of the document would
tend to incriminate the person.
(2) Despite subsection (1), it is not a reasonable
25 excuse for an individual to refuse or fail to
produce a document that the person is required to
keep by this Act, if the production of the
document would tend to incriminate the person.
561102B.I-30/10/2007 40 BILL LA INTRODUCTION 30/10/2007
Victorian Energy Efficiency Target Bill 2007
Part 7--Powers of Authorised Officers
s. 53
Division 3--Occupiers' rights and responsibilities
53 Occupier may be present during execution of
warrant
(1) If a monitoring warrant is being executed and the
5 occupier of the warrant premises, or another
person who apparently represents the occupier, is
present at the premises, the person is entitled to
observe the execution of the warrant.
(2) The right to observe the execution of the warrant
10 ceases if the person impedes that execution.
(3) This section does not prevent the execution of the
warrant in 2 or more areas of the premises at the
same time.
54 Occupier to provide authorised officer with
15 assistance
The occupier of warrant premises, or another
person who apparently represents the occupier,
must provide the authorised officer executing the
warrant and any person assisting that officer with
20 all reasonable facilities and assistance for the
effective exercise of their powers.
Penalty: 60 penalty units, in the case of an
individual;
240 penalty units, in the case of a body
25 corporate.
Division 4--Monitoring warrants
55 Monitoring warrants
(1) An authorised officer may apply to a magistrate
for a warrant under this section in relation to
30 premises.
561102B.I-30/10/2007 41 BILL LA INTRODUCTION 30/10/2007
Victorian Energy Efficiency Target Bill 2007
Part 7--Powers of Authorised Officers
s. 55
(2) Subject to subsection (3), the magistrate may issue
the warrant if the magistrate is satisfied, by
information on oath, that it is reasonably
necessary that one or more authorised officers
5 should have access to the premises for the
purposes of substantiating information provided
under this Act or determining whether this Act has
been complied with.
(3) The magistrate must not issue the warrant unless
10 the authorised officer or some other person has
given the magistrate, either orally or by affidavit,
any further information as the magistrate requires
concerning the grounds on which the issue of the
warrant is sought.
15 (4) The warrant must--
(a) authorise one or more authorised officers
(whether or not named in the warrant), with
any assistance and any force as is necessary
and reasonable--
20 (i) to enter the premises; and
(ii) to exercise the powers set out in
section 48 in relation to the premises;
and
(b) state whether the entry is authorised to be
25 made at any time of the day or during
specified hours of the day; and
(c) specify the day (not more than 6 months
after the issue of the warrant) on which the
warrant ceases to have effect; and
30 (d) state the purpose for which the warrant is
issued.
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Victorian Energy Efficiency Target Bill 2007
Part 7--Powers of Authorised Officers
s. 55
(5) A warrant issued under this section must be issued
in accordance with the Magistrates' Court Act
1989 as if it were a search warrant issued under
that Act and must be in a form set out in the
5 regulations under that Act.
(6) Section 78(1)(b)(iii) of the Magistrates' Court
Act 1989 does not apply to a warrant issued under
this section.
(7) Subject to any provisions to the contrary in this
10 Part, the rules to be observed with respect to
search warrants mentioned in the Magistrates'
Court Act 1989 extend and apply to warrants
under this section.
__________________
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Part 8--General
s. 56
PART 8--GENERAL
Division 1--Review of decisions
56 Review of decisions
(1) An affected person in relation to a reviewable
5 decision may request that the ESC reconsider the
decision.
(2) The following Table sets out the reviewable
decisions and, for each decision, sets out the
provision under which it is made and the affected
10 person in relation to that reviewable decision.
Table of reviewable decisions
made the affected
Item For a decision... under... person is...
1 to refuse an section 11 the applicant
application for
accreditation
2 to suspend a section 14 the accredited
person's person
accreditation
3 not to register a section 22 the person who
certificate created the
certificate
(3) The request must be--
(a) in writing setting out the reasons for the
request;
(b) accompanied by any relevant fee fixed under
15 section 73;
(c) given to the ESC within 30 business days
after the making of the decision.
(4) The ESC must reconsider the decision and
confirm, vary or set aside the decision.
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Part 8--General
s. 57
(5) The ESC is deemed to have confirmed the
decision under subsection (4) if the ESC does not
give notice in writing of the ESC's decision under
that subsection within 40 business days after the
5 request is given to the ESC.
(6) Only one request can be made in respect of each
reviewable decision.
Division 2--Registers
57 Registers to be maintained
10 (1) The ESC must maintain--
(a) the register of accredited persons;
(b) the register of energy efficiency certificates.
(2) A register must be maintained by electronic
means.
15 (3) A register must be made available for inspection
on the ESC's Internet site.
(4) Any addition to a register must be made available
on the ESC's Internet site within 20 business days
after the ESC registers the accreditation of the
20 person or the creation of the certificate.
58 Register of accredited persons
(1) The register of accredited persons must contain--
(a) the name of each accredited person;
(b) the registration number for each accredited
25 person;
(c) any other information specified in the ESC
guidelines for the purposes of facilitating the
transfer of certificates in the VEET scheme.
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Part 8--General
s. 59
(2) The register must also contain the following
information about any person whose accreditation
is suspended--
(a) the name of the person;
5 (b) the person's registration number;
(c) the period for which registration is
suspended;
(d) any other information specified in the ESC
guidelines for the purposes of this
10 subsection.
59 Register of energy efficiency certificates
The register of energy efficiency certificates must
contain--
(a) the unique identification code of each valid
15 certificate;
(b) the year in which the certificate was created;
(c) the name of the accredited person who
created the certificate;
(d) the name of the current registered owner, and
20 each previous registered owner, of each
certificate;
(e) any other information specified in the ESC
guidelines for the purposes of this section.
Division 3--Information provisions
25 60 ESC may obtain information and documents
(1) This section applies to a person if the ESC has
reason to believe that the person has information
or a document that is relevant to the operation of
this Act.
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Part 8--General
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(2) The ESC may, by written notice given to the
person, require the person--
(a) to give to the ESC, within the period (not
being less than 10 business days) and in the
5 manner and form specified in the notice, that
information; or
(b) to produce to the ESC, within the period and
in the manner specified in the notice, that
document; or
10 (c) if the person is an individual, to appear
before the ESC at a time and place specified
in the notice to give any information, either
orally or in writing, and produce that
document; or
15 (d) if the person is a body corporate, to cause a
competent officer of the body corporate to
appear before the ESC at a time and place
specified in the notice to give that
information, either orally or in writing, and
20 produce that document.
(3) A notice under subsection (2) must set out the
effect of sections 61 and 62.
61 Failure to comply with notice
A person must not, without reasonable excuse, fail
25 to comply with a notice given to the person under
section 60.
Penalty: 60 penalty units, in the case of an
individual;
240 penalty units, in the case of a body
30 corporate.
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Part 8--General
s. 62
62 Protection against self-incrimination
It is a reasonable excuse for an individual to
refuse or fail to give information or evidence or
produce a document under section 60 if the giving
5 of the information or evidence or the production
of the document would tend to incriminate the
person.
63 Copies of documents
The ESC may inspect a document produced under
10 this Division and may make and retain copies of,
or take and retain extracts from, such a document.
64 ESC may retain documents
(1) The ESC may take, and retain for as long as
necessary, possession of a document produced
15 under this Division.
(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 ESC to be
a true copy.
20 (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 ESC must, at
the times and places that the ESC considers
appropriate, permit the person otherwise entitled
25 to possession of the document, or a person
authorised by that person, to inspect and make
copies of, or take extracts from, the document.
65 Disclosure of information an offence
(1) A person must not disclose any confidential or
30 commercially-sensitive information obtained
during the exercise of a power or the performance
of a function under, or in connection with, this
Act.
Penalty: 60 penalty units.
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Part 8--General
s. 66
(2) A person must not use any information referred to
in subsection (1) to obtain directly or indirectly
any pecuniary or other advantage for himself or
herself or any other person.
5 Penalty: 120 penalty units.
(3) However, the person may disclose or use
information referred to in subsection (1) if--
(a) the disclosure or use is made in the exercise
of a power or the performance of a function
10 under, or in connection with, this Act; or
(b) the person has the consent of the person who
supplied the information; or
(c) the disclosure or use is made in legal
proceedings at the direction of a court; or
15 (d) the information is in the public domain at the
time it is disclosed or used.
(4) To avoid doubt, subsection (3) is not intended to
interfere with any rights another person may have
with regard to the disclosure or use of the
20 information.
66 Information may be disclosed to specified persons or
bodies
This Division does not prevent the ESC, or a
person authorised by the ESC, from divulging or
25 communicating information to--
(a) the Minister; or
(b) VENCorp; or
(c) NEMMCO; or
(d) Sustainability Victoria established under the
30 Sustainability Victoria Act 2005; or
(e) the person responsible for administering an
approved interstate energy efficiency regime;
or
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Part 8--General
s. 67
(f) the Head of the Australian Greenhouse
Office (within the meaning of the Renewable
Energy (Electricity) Act 2000 of the
Commonwealth) or an officer of the
5 Australian Greenhouse Office authorised by
the Head of the Australian Greenhouse
Office for the purposes of this Part; or
(g) an officer of that part of the Agriculture
Department of the Commonwealth
10 Government known as the Australian Bureau
of Agriculture and Resource Economics
(ABARE) for the purposes of the
performance of any of ABARE's functions or
the exercise of any of ABARE's powers.
15 67 ESC must publish certain information
(1) The ESC must publish--
(a) a list of each relevant entity that has an
energy efficiency certificate shortfall for a
particular year;
20 (b) the amount of each relevant entity's energy
efficiency certificate shortfall for that year;
(c) the total of the energy efficiency certificate
shortfalls for that year;
(d) the number of certificates created in a
25 particular year;
(e) the number of certificates surrendered in a
particular year.
(2) Nothing in this Division prevents the publication
of the information referred to in subsection (1).
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Part 8--General
s. 68
Division 4--General offences
68 False or misleading information
A person must not--
(a) give information to the ESC or any person
5 exercising powers under or in connection
with this Act that the first-mentioned person
knows to be false or misleading in a material
particular; or
(b) produce a document to the ESC or any
10 person exercising powers under or in
connection with this Act that the first-
mentioned person knows to be false or
misleading in a material particular without
indicating the respect in which it is false or
15 misleading and, if practicable, providing
correct information.
Penalty: 60 penalty units, in the case of an
individual;
240 penalty units, in the case of a body
20 corporate.
69 Failure to provide documents
If a person is required under this Act to provide a
document (including a statement or return) to the
ESC within a specified time or by a specified date,
25 the person, must not, without reasonable excuse,
fail to provide the document by the specified time
or the specified date.
Penalty: 60 penalty units, in the case of an
individual;
30 240 penalty units, in the case of a body
corporate.
561102B.I-30/10/2007 51 BILL LA INTRODUCTION 30/10/2007
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Part 8--General
s. 70
70 Offences by bodies corporate
(1) If a body corporate commits an offence against
this Act, any officer of the body corporate who
knowingly authorised or permitted the
5 commission of the offence is also guilty of that
offence and liable to the penalty for it.
(2) A person may be proceeded against and convicted
under a provision in accordance with
subsection (1) whether or not the body corporate
10 has been proceeded against or convicted under
that provision.
(3) If in a proceeding for an offence against this
section it is necessary to establish the intention of
a body corporate, it is sufficient to show that a
15 servant or agent of the body corporate had that
intention.
(4) In subsection (1), officer, in relation to a body
corporate, means--
(a) a director, secretary or executive officer of
20 the body corporate; or
(b) any person in accordance with whose
directions or instructions the directors of the
body corporate are accustomed to act; or
(c) a person concerned in the management of the
25 body corporate.
Division 5--Evidence and records
71 Evidence
(1) A document sealed by the ESC purporting to be a
copy of a document issued or given by the ESC
30 under this Act is evidence that the second-
mentioned document was so issued or given.
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Part 8--General
s. 72
(2) A document sealed by the ESC purporting to be a
copy of, or an extract from, an energy efficiency
shortfall statement is evidence of the matter set
out in the document to the same extent as the
5 original statement would be if it were produced.
72 Records to be kept by accredited persons and
relevant entities
(1) A person who is an accredited person or a relevant
entity must keep records that record and explain
10 all transactions and other acts engaged in, or
required to be engaged in, by the accredited
person or relevant entity under this Act.
(2) The records kept by an accredited person must
include any documents relevant to ascertaining--
15 (a) details of all certificates created by the
accredited person during the year; and
(b) any other matter specified in the ESC
guidelines.
(3) The records kept by a relevant entity must include
20 any documents relevant to ascertaining--
(a) the amount of electricity and gas acquired by
the relevant entity under scheme acquisitions
during a year; and
(b) any other matter specified in the ESC
25 guidelines.
(4) The records must be kept--
(a) in writing in the English language or so as to
enable the records to be readily accessible
and convertible into writing in the English
30 language; and
(b) so that the relevant entity's liability under
this Act can be readily ascertained.
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Part 8--General
s. 73
(5) An accredited person or a relevant entity who has
possession of any records kept or obtained under
or for the purposes of this Act must retain them
until the end of 6 years after those records were
5 prepared or obtained, or the completion of the
transactions or acts to which those records relate,
whichever is the later.
(6) Nothing in this section requires an accredited
person or a relevant entity to retain records if--
10 (a) the ESC has notified the accredited person or
relevant entity that the retention of the
records is not required; or
(b) the accredited person or relevant entity is a
company that has gone into liquidation and
15 been finally dissolved.
(7) An accredited person or a relevant entity who
contravenes this section is guilty of an offence and
liable to a penalty not exceeding 60 penalty units,
in the case of an individual, or 240 penalty units,
20 in the case of a body corporate.
Division 6--Fees
73 Fees
(1) The Minister, after consultation with the Minister
administering the Essential Services
25 Commission Act 2001, may fix fees for the
purposes of this Act.
(2) The fees may include--
(a) fees for an application for accreditation;
(b) fees for the creation of a certificate;
30 (c) fees for the transfer of a certificate;
(d) fees for the lodging of an energy acquisition
statement;
561102B.I-30/10/2007 54 BILL LA INTRODUCTION 30/10/2007
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Part 8--General
s. 73
(e) fees for the surrender of a certificate;
(f) fees for a request for review of a reviewable
decision.
(3) In fixing fees, the Minister may have regard to the
5 total amount of the costs and expenses of the ESC
that are incurred or are likely to be incurred in the
exercise of its powers, or in connection with the
performance of its functions, under this Act.
(4) The power conferred by this section providing for
10 the imposition of fees may be exercised by
providing for all or any of the following matters--
(a) specific fees;
(b) maximum or minimum fees;
(c) maximum and minimum fees;
15 (d) scales of fees according to the value of goods
or services provided for the fees;
(e) the payment of fees either generally or under
specified conditions or in specified
circumstances;
20 (f) the reduction, waiver or refund, in whole or
in part, of the fees.
(5) If under subsection (4)(f) provision is made for a
reduction, waiver or refund, in whole or in part, of
a fee, the reduction, waiver or refund may be
25 expressed to apply either generally or
specifically--
(a) in respect of certain matters or transactions
or classes of matters or transactions; or
(b) in respect of certain documents or classes of
30 documents; or
(c) when an event happens; or
(d) in respect of certain persons or classes of
persons; or
561102B.I-30/10/2007 55 BILL LA INTRODUCTION 30/10/2007
Victorian Energy Efficiency Target Bill 2007
Part 8--General
s. 74
(e) in respect of any combination of matters,
transactions, documents, events or persons--
and may be expressed to apply subject to specified
conditions or in the discretion of any specified
5 person or body.
(6) A fee that may be fixed under this section is not
limited to an amount that is related to the cost of
providing a service.
(7) The fees must be published--
10 (a) by notice in the Government Gazette; and
(b) on the Internet site of the ESC.
(8) Fees take effect on the day that the notice is
published in the Government Gazette or on a later
date as is specified in the notice.
15 Division 7--ESC guidelines
74 ESC guidelines
(1) The ESC may prepare and issue guidelines for or
with respect to any matter required or permitted
by this Act to be provided for by the ESC
20 guidelines.
(2) Without limiting subsection (1), ESC guidelines
may include matters in relation to--
(a) the accreditation of a person;
(b) the creation, form and transfer of a
25 certificate;
(c) the manner in which a prescribed activity is
to be undertaken;
(d) the form of, and the information to be
included in, an energy acquisition statement;
30 (e) the auditing by the ESC of the creation of
certificates by an accredited person;
561102B.I-30/10/2007 56 BILL LA INTRODUCTION 30/10/2007
Victorian Energy Efficiency Target Bill 2007
Part 8--General
s. 75
(f) the auditing of an energy acquisition
statement by a third party engaged by a
relevant entity;
(g) the records to be kept by an accredited
5 person or a relevant entity;
(h) the information to be contained in the
register of accredited persons and the register
of energy efficiency certificates;
(i) any other matter that the ESC considers is
10 relevant to the performance of its functions
under this Act.
(3) The ESC guidelines must be published in the
Government Gazette and on the Internet site of the
ESC.
15 (4) ESC guidelines take effect on the day that they are
published in the Government Gazette or on a later
date as is specified in the ESC guidelines.
Division 8--Regulations
75 Regulations
20 (1) The Governor in Council may make regulations
for or with respect to--
(a) prescribing any other gas to be a greenhouse
gas;
(b) prescribing a scheme or other arrangement to
25 be a prescribed greenhouse scheme;
(c) specifying a person or body other than
NEMMCO or VENCorp from which a
scheme acquisition may be made;
(d) prescribing an activity as a prescribed
30 activity in respect of which a certificate may
be created;
561102B.I-30/10/2007 57 BILL LA INTRODUCTION 30/10/2007
Victorian Energy Efficiency Target Bill 2007
Part 8--General
s. 75
(e) prescribing conditions or circumstances
under which a certificate cannot be created;
(f) prescribing an efficiency rating which is a
high efficiency rating in respect of a kind or
5 class of appliance or equipment;
(g) specifying when a prescribed activity is to be
taken to have been undertaken;
(h) prescribing the manner and form in which an
assignment of the right to create a certificate
10 may be made;
(i) the method and variables to calculate the
carbon dioxide equivalent of greenhouse
gases to be reduced by the prescribed
activity;
15 (j) exemptions from any of the requirements
applying in respect of the creation of
certificates;
(k) prescribing the shortfall penalty rate and
providing for the indexation of the rate in
20 accordance with the all groups consumer
price index for Melbourne published by the
Australian Statistician;
(l) specifying targets for the purposes of
section 30(b);
25 (m) any matter or thing authorised or required to
be prescribed or necessary to be prescribed
for carrying this Act into effect.
(2) Regulations made under this Act--
(a) may be of general or of specially limited
30 application;
(b) may differ according to differences in time,
place or circumstance;
561102B.I-30/10/2007 58 BILL LA INTRODUCTION 30/10/2007
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Part 8--General
s. 76
(c) may leave any matter or thing to be from
time to time determined, applied, dispensed
with or regulated by any government
department, municipal council or public
5 authority or any officer thereof;
(d) may confer powers or impose duties in
connection with the regulations on any
government department, municipal council
or public authority;
10 (e) may apply, adopt or incorporate, with or
without modification, the provisions of any
Act or of any regulations made under any
Act as in force at a particular time;
(f) may apply, adopt or incorporate with or
15 without modification, any matter contained
in any document, code, standard, rule,
specification or method formulated, issued,
prescribed or published by any authority or
body as formulated, issued, prescribed or
20 published at the time the regulation is made
or at any time before the regulation is made;
(g) may impose a penalty not exceeding
10 penalty units for any contravention of the
regulations.
25 Division 9--Review of Act
76 Review of operation of Act
(1) The Minister must cause an independent review of
the operation of this Act, including consideration
of--
30 (a) the extent to which the objects of this Act
have been achieved;
(b) the VEET scheme target applying under this
Act;
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Part 8--General
s. 76
(c) technological developments in industries
which supply goods or services which reduce
the use of electricity and gas by consumers;
(d) the level of penalties provided for under this
5 Act.
(2) The review must be undertaken by 31 December
2011.
(3) A person who undertakes the review must give the
Minister a written report of the review.
10 (4) The Minister must cause a copy of the report of
the review to be tabled in each House of the
Parliament.
(5) In this section independent review means a review
by persons who--
15 (a) in the opinion of the Minister possess
appropriate qualifications to undertake the
review; and
(b) include one or more persons who are not
employed by the State or a State authority
20 and have not, since the commencement of
this Act, provided services to the State or a
State authority under or in connection with a
contract.
__________________
561102B.I-30/10/2007 60 BILL LA INTRODUCTION 30/10/2007
Victorian Energy Efficiency Target Bill 2007
Part 9--Amendment of Essential Services Commission Act 2001
s. 77
PART 9--AMENDMENT OF ESSENTIAL SERVICES
COMMISSION ACT 2001
77 Functions
In section 10 of the Essential Services
5 Commission Act 2001--
(a) in paragraph (j) for "2006." substitute
"2006;";
(b) after paragraph (j) insert--
"(k) to perform the functions conferred on
10 the Commission by the Victorian
Energy Efficiency Target Act 2007.".
78 New section 10D inserted
After section 10C of the Essential Services
Commission Act 2001 insert--
15 "10D Commission's functions in relation to
energy efficiency
Sections 8, 14, 15, 16, 29 and 30 and Parts 3,
4, 5, 6 and 7 (other than sections 60 and 64)
do not apply to the functions of the
20 Commission referred to in section 10(k).".
79 Repeal of this Part
This Part is repealed on 1 January 2010.
561102B.I-30/10/2007 61 BILL LA INTRODUCTION 30/10/2007
Victorian Energy Efficiency Target Bill 2007
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561102B.I-30/10/2007 62 BILL LA INTRODUCTION 30/10/2007
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