VICTORIAN ENERGY EFFICIENCY TARGET ACT 2007
Table of Provisions
PART 1--PRELIMINARY
- 1 Purpose
- 2 Commencement
- 3 Definitions
- 3A Meaning of scheme participant
- 4 Objects
- 5 Crown to be bound
- 6 Extra-territorial operation
- 6A Relevant legislation
PART 2--ADMINISTRATION
- 7 Role of ESC
- 7A Publishing and reporting information about certificate transfers
- 7B ESC may provide advice and support
- 8 Approved interstate energy efficiency regime
PART 3--ENERGY EFFICIENCY CERTIFICATES
Division 1--Accredited persons
- 9 Who may apply to be accredited?
- 9A Timing of application for renewal
- 9B Application for renewal made after expiry
- 9C No application if suspended or disqualified
- 10 ESC may require consent or undertaking from applicant for accreditation
- 10A ESC may request further information from applicant
- 10B Fit and proper person
- 10C Competent and capable person
- 11 ESC to approve or refuse application
- 12 Time limit for deciding applications
- 13 ESC to allocate accreditation numbers
- 13A Notice of approval or refusal of application
- 13B Period of accreditation
- 13C Conditions of accreditation
- 13D Application to vary conditions of accreditation
- 14 Suspension or cancellation of accreditation or disqualification from applying for accreditation
- 14A Notice of proposed action
- 14AB Immediate suspension and notice of proposed action
- 14AC Request for extension of time for submissions
- 14AD Request by ESC for further information
- 14AE Protection against self-incrimination
- 14AF Time for making determination
- 14AG Decision of ESC
- 14B ESC may impose conditions at end of suspension
- 14C Request to cancel accreditation
- 14D Duty to disclose matters adverse to accreditation
- 14E Protection against self-incrimination
- 14F Continuing professional development obligations
- 14G Prescribed code of conduct
- 14H Offence to contravene prescribed code of conduct requirement
Division 2--Prescribed activities
- 15 Prescribed activities
- 15A Offence to undertake prescribed activity without accreditation
- 15B Offence to undertake prescribed activity on behalf of person without accreditation
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
- 20A Offence to create certificate in certain circumstances
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
Division 6--VEET scheme registry accounts
- 26A Application for VEET scheme registry account
- 26B Approval of application
- 26C Conditions of approval
- 26D Suspension of VEET scheme registry account
- 26E Notice of proposed action
- 26F Immediate suspension and notice of proposed action
- 26G Request for extension of time for submissions
- 26H Request by ESC for further information
- 26I Protection against self-incrimination
- 26J Time for making decision
- 26K Decision of ESC after giving notice
- 26L ESC may impose conditions at end of suspension
- 26M Cancellation of VEET scheme registry account
- 26N Permission to transfer or surrender certificates while account cancelled or suspended
- 26O Offence to hold certificate without account
- 26P Offence to transfer or surrender certificate in certain circumstances
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
- 32A Effect of specified Order made under section 32
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
- 37A Offence to contravene shortfall statement
- 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
- 40A ESC may give warning or impose condition
PART 6A--CIVIL PENALTY REQUIREMENTS
- 40B Civil penalty requirements
- 40C Notice penalties
- 40D Contravening a civil penalty provision is not an offence
PART 7--POWERS OF AUTHORISED OFFICERS
Division 1--Appointment of authorised officers
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
PART 7A--AUDITS
Division 1--Compliance audits
- 55A Compliance audit
- 55B Notice of compliance audit by ESC
- 55C Report of compliance audit by ESC
- 55D Notice of compliance audit by independent auditor
- 55E Independent auditor must comply with guidelines
- 55F Obligations of accredited person
Division 2--Assurance audits
- 55G Assurance audit
- 55H Notice of assurance audit by independent auditor
- 55I Independent auditor must comply with guidelines
- 55J Obligations of accredited person
- 55K Schedule for conduct of assurance audits
Division 3--Auditor requirements
- 55L List of independent auditors
- 55M Appointment of independent auditor
Division 4--Other matters relating to audits
- 55N Offence to provide false or misleading information to auditor
- 55O Offence to withhold information from auditor
- 55P Protection against self-incrimination
- 55Q Conditions or restrictions of accreditation
- 55R ESC may publish audit information
PART 8--GENERAL
Division 1--Review of decisions
- 56 Review of decisions by ESC
- 56A Conduct of internal review
- 56B Review of decisions by VCAT
- 56C Person must seek internal review first
- 56D Proceedings for review by VCAT
- 56E ESC to give effect to VCAT 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
- 70A Proceedings for offences
Division 5--Evidence and records
Division 6--Fees
- 73 Fees
Division 7--ESC guidelines
Division 8--Regulations
- 75 Regulations
- 75A Regulations dealing with transitional matters
Division 9--Review of Act
- 76 Review of operation of Act
Division 10--Savings and transitionals
- 76A Accreditation transition period
- 76B Expiry of accreditation during accreditation transition period
- 76C Application for renewal of accreditation during accreditation transition period
- 76D VEET scheme registry account transition period
- 76E VEET scheme registry account transition period—existing certificate holders
- 76F Savings provision—Victorian Energy Efficiency Target Amendment Act 2022
- 77 Savings provision—Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021
- 78 Reviewable decisions—Victorian Energy Efficiency Target Amendment Act 2022
- 78AA References to revoke or revocation—Victorian Energy Efficiency Target Amendment Act 2022
- 78AB Assurance audit schedule—Victorian Energy Efficiency Target Amendment Act 2022