Victorian Consolidated Legislation

VICTORIAN ENERGY EFFICIENCY TARGET ACT 2007

No. 70 of 2007
Version incorporating amendments as at 1 July 2009

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Purpose
   2.      Commencement
   3.      Definitions
   4.      Objects
   5.      Crown to be bound
   6.      Extra-territorial operation

   PART 2-ADMINISTRATION

   7.      Role of ESC
   8.      Approved interstate energy efficiency regime

   PART 3-ENERGY EFFICIENCY CERTIFICATES

           Division 1-Accredited persons

   9.      Who may apply to be accredited?
   10.     ESC may require consent or undertaking from applicant for accreditation
   11.     ESC to approve or refuse application
   12.     Time limit for deciding applications
   13.     ESC to allocate registration numbers
   14.     Suspension of accreditation

           Division 2-Prescribed activities

   15.     Prescribed activities

           Division 3-Creation of certificates

   16.     Who may create a certificate?
   17.     When can a certificate be created?
   18.     How many certificates may be created in respect of a prescribed activity
   19.     Declaration of discount factors
   20.     Offences relating to creation of certificates

           Division 4-Form, registration, expiry and transfer of certificates

   21.     Form and content of certificates
   22.     Certificates must be registered
   23.     Expiry of certificate
   24.     Certificates may be transferred

           Division 5-Retirement of certificates

   25.     Owner may surrender certificate voluntarily
   26.     Retirement of certificates

   PART 4-ENERGY EFFICIENCY CERTIFICATE SHORTFALL AND VEET SCHEME TARGET

   27.     Energy efficiency certificate shortfall
   28.     Civil penalty for shortfall
   29.     Calculation of energy efficiency certificate shortfall
   30.     VEET scheme target
   31.     Greenhouse gas emissions liability for relevant entity
   32.     Greenhouse gas reduction rates

   PART 5-STATEMENTS AND SURRENDER OF
   CERTIFICATES

   33.     Annual energy acquisition statements
   34.     Restrictions on certificates that can be surrendered
   35.     Fees for surrender of certificates

   PART 6-ENFORCEMENT

   36.     Shortfall statement
   37.     Application for declaration and order for payment of shortfall penalty
   38.     Certificate surrender notice
   39.     Application for declaration and order requiring surrender of certificates
   40.     ESC may require surrender of certificates if certificates improperly created

   PART 7-POWERS OF AUTHORISED OFFICERS

           Division 1-Appointment of authorised officers

   41.     Appointment of authorised officers
   42.     Identity cards

           Division 2-Powers of authorised officer

   43.     When may powers be exercised?
   44.     Entry to premises
   45.     Information to be provided to occupier on entry
   46.     Entry with consent
   47.     Entry with monitoring warrant
   48.     Monitoring powers of authorised officers
   49.     Authorised officer may ask for information
   50.     Authorised officer may require information
   51.     Failure to produce documents or answer questions
   52.     Protection against self-incrimination

           Division 3-Occupiers' rights and responsibilities

   53.     Occupier may be present during execution of warrant
   54.     Occupier to provide authorised officer with assistance

           Division 4-Monitoring warrants

   55.     Monitoring warrants

   PART 8-GENERAL

           Division 1-Review of decisions

   56.     Review of decisions

           Division 2-Registers

   57.     Registers to be maintained
   58.     Register of accredited persons
   59.     Register of energy efficiency certificates

           Division 3-Information provisions

   60.     ESC may obtain information and documents
   61.     Failure to comply with notice
   62.     Protection against self-incrimination
   63.     Copies of documents
   64.     ESC may retain documents
   65.     Disclosure of information an offence
   66.     Information may be disclosed to specified persons or bodies
   67.     ESC must publish certain information

           Division 4-General offences

   68.     False or misleading information
   69.     Failure to provide documents
   70.     Offences by bodies corporate

           Division 5-Evidence and records

   71.     Evidence
   72.     Records to be kept by accredited persons and relevant entities

           Division 6-Fees

   73.     Fees

           Division 7-ESC guidelines

   74.     ESC guidelines

           Division 8-Regulations

   75.     Regulations

           Division 9-Review of Act

   76.     Review of operation of Act

   PART 9-AMENDMENT OF ESSENTIAL SERVICES COMMISSION ACT 2001.

   77.     Functions
   78.     New section 10D inserted
   79.     Repeal of this Part
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details