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Renewable Energy (Electricity) Act 2000
In force
Administered by
Department of Climate Change, Energy, the Environment and Water
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C2024C00104 (C30)
20 March 2024
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Part 1—Preliminary
1 Short title
2 Commencement
3 Object/outline
4 Years to which this Act applies
5 Definitions
6 Act binds Crown
7 Application to the external Territories
7A Tax deductibility
7B Constitutional basis
7C Immunity from State laws
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Part 2—Renewable energy certificates
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Division 1—Preliminary
8 Overview of Part
Division 2—Registration of persons
9 Who can register
10 Applying for registration
11 Regulator to refuse or approve application
12 Regulator to allocate registration numbers
Division 2A—Provisional accreditation of power stations
12A Application for provisional accreditation of a power station
12B Regulator may give provisional accreditation
12C Time limit for deciding applications
Division 3—Accreditation of eligible power stations
13 Application for accreditation
14 Regulator to determine certain matters
15 Regulator to approve or refuse application
15A Time limit for deciding applications
15B Nominated person for power station
16 Regulator to allocate identification codes
17 What is an eligible renewable energy source?
17A What is eligible WCMG?
Division 4—Creation of renewable energy certificates
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Subdivision AA—Preliminary
17B Overview of Division
Subdivision A—Large scale generation certificates for accredited power stations
17C Large scale generation certificates
18 Creating certificates for additional renewable electricity
19 When certificates may be created
20 Electricity generation return
20A Amending electricity generation returns
Subdivision B—Small scale technology certificates for solar water heaters
20B Small scale technology certificates
21 When a certificate may be created
22 How many certificates may be created
23 Who may create a certificate
23AA Register of solar water heaters
Subdivision BA—Small scale technology certificates for small generation units
23AB Small scale technology certificates
23A When a certificate may be created
23AAA Regulations to establish scheme for inspection of new installations of small generation units
23B How many certificates may be created
23C Who may create a certificate
23D No other certificates to be created
23E Election to not create certificates under this Subdivision
Subdivision BB—Solar water heater and small generation unit return
23F Solar water heater and small generation unit return
Subdivision C—Improper creation of certificates
24 Improper creation of certificates—offences
24A Improper creation of certificates—civil penalty
24B False etc. information resulting in improper creation of certificates under Subdivision B or BA—civil penalty
Division 5—Form and registration of certificates
25 Form and content of large scale generation certificates
25A Form and content of small scale technology certificates
26 Certificates must be registered
Division 6—Transfer of certificates
27 Certificates may be transferred
28 Regulator to be notified
Division 7—Retirement of certificates
28A Registered owner may surrender certificate
29 Retirement of certificates
Division 8—Suspension of registration
30 Suspension of registration—conviction of offence
30A Suspension of registration—other grounds
Division 9—Changing the nominated person for an accredited power station
30B Changing the nominated person for an accredited power station
Division 10—Varying what constitutes a power station
30C Varying what constitutes a power station
Division 11—Suspending the accreditation of a power station
30D Suspending the accreditation of a power station—interconnected power stations
30E Suspending the accreditation of a power station—other grounds
Division 12—Varying 1997 eligible renewable power baselines and 2008 WCMG limits
30F Varying 1997 eligible renewable power baselines
30G Varying 2008 WCMG limits
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Part 2A—Clearing house for small scale technology certificates
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Division 1—Preliminary
30H Overview of Part
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Division 2—Regulator to establish and operate clearing house
30J Regulator to establish and operate clearing house
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Division 3—Entering certificates into the clearing house
30K Application for certificate to be entered into the clearing house
30L Regulator to enter certificate into the clearing house
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Division 4—Purchase of certificates through the clearing house
30LA Clearing house price etc.
30M Application for purchase of certificate through the clearing house
30N If there is a certificate on the clearing house transfer list—Regulator to transfer certificate
30P If there is no certificate on the clearing house transfer list—Regulator to create certificate
30Q Form and content of certificates created by the Regulator
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Division 5—Renewable Energy Special Account
30R Renewable Energy Special Account
30S Credits to the Renewable Energy Special Account
30T Purposes of the Renewable Energy Special Account
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Division 6—Other matters
30U Regulations about the operation of the clearing house
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Part 3—Acquisition of electricity
31 What are relevant acquisitions?
32 Wholesale acquisitions
33 Notional wholesale acquisitions
34 Special provision relating to transactions involving AEMO or a person or body prescribed by the regulations
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Part 4—Renewable energy shortfall charge
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Division 1AA—Preliminary
34A Overview of Part
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Division 1—Liability to charge
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Subdivision A—Liable entities
35 Liable entities
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Subdivision B—Large scale generation shortfall charge
36 Large scale generation shortfall charge payable by liable entity
37 Amount of charge
38 Determination of large scale generation shortfall
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Subdivision C—Small scale technology shortfall charge
38AA Interpretive provisions relating to liability for small scale technology shortfall charge etc.
38AB Small scale technology shortfall charge payable by liable entity
38AC Amount of charge
38AD Determination of small scale technology shortfall
38AE Quarterly shortfalls for the quarters of a year
38AF Energy acquisition statement lodged for previous year: application to have amount apply instead of previous year’s reduced acquisitions
38AG No energy acquisition statement lodged for previous year: application to have amount apply as if it were previous year’s reduced acquisitions
38AH No energy acquisition statement lodged for previous year: default rule
38AI General provisions relating to applications under sections 38AF and 38AG
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Division 1A—Exemption from liability to charge
38A Object
38B Amount of exemption
38C Information about exemptions to be published on Regulator’s website
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Division 2—Renewable power percentage for large scale generation shortfall charge
39 Regulations to specify renewable power percentage
40 Required GWh of renewable source electricity
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Division 2A—Small scale technology percentage for small scale technology shortfall charge
40A Regulations to specify small scale technology percentage
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Division 2AA—Emerging renewable energy technologies
40AB Inclusion of emerging renewable energy technologies
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Division 3—Other provisions related to renewable energy shortfall charge
40B Regulator to publish estimate of small scale technology percentage
40C Regulator to give liable entity estimate of current year’s required surrender amounts for first 3 quarters
41 Arrangements to avoid or reduce renewable energy shortfall charge
42 Application of Act to Commonwealth
43 Cancellation of exemptions from charges
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Part 5—Statements, certificates and assessments
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Division 1AA—Preliminary
43A Overview of Part
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Division 1—Statements
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Subdivision A—Annual energy acquisition statements
44 Annual energy acquisition statements
44A Surrender of large scale generation certificates in energy acquisition statement
45 Surrender of small scale technology certificates in quarterly surrender instrument
45A Amending energy acquisition statement at request of liable entity
45B Amending energy acquisition statement on Regulator’s own initiative
45C Surrender of additional certificates if energy acquisition statement amended on Regulator’s own initiative
45D Limitations on certificates that can be surrendered under this Subdivision
45E Fees for surrender of certificates under this Subdivision
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Subdivision B—Annual renewable energy shortfall statements
46 Annual renewable energy shortfall statements
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Division 1A—Exemption certificates
46A Application for exemption certificate
46B Exemption certificates
46C Amending exemption certificates
46D Minister may obtain information from corporation
46E No exemption certificates to be issued to corporation for 5 years if Minister’s request not complied with
46F Disclosure of information to the Regulator
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Division 2—Assessments
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Subdivision A—Large scale generation shortfall charge
47 First large scale generation shortfall statement taken to be assessment of large scale generation shortfall charge
48 Default assessments of large scale generation shortfall charge
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Subdivision B—Small scale technology shortfall charge
48A First small scale technology shortfall statement taken to be assessment of small scale shortfall charge
48B Default assessments of small scale technology shortfall charge
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Subdivision C—Other provisions relating to assessments
49 Amendment of assessments
50 Refund of overpaid amounts
51 Amended assessment to be an assessment
52 Notice of assessment
53 Validity of assessment
53A Application of Division
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Part 6—Objections, reviews and appeals
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Division 1—Objections to and review of assessments
54 Objections
55 How objections are to be made
56 Limited objection rights in the case of certain amended assessments
57 Requests for extension of time
58 Regulator to decide objections
59 Person may require Regulator to make an objection decision
60 Liable entity may seek review of, or appeal against, Regulator’s decision
61 Grounds of objection and burden of proof
62 Time limit for appeals
63 Order of Federal Court on objection decision
64 Implementation of Federal Court order in respect of objection decision
65 Pending appeal not to affect implementation of decisions
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Division 2—Review of other decisions
66 Review of decisions
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Part 7—Collection and recovery of charge
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Division 1—General rules about collection and recovery
67 When renewable energy shortfall charge is payable
68 When penalty charge becomes due and payable
69 Extension of time for payment
70 Penalty for unpaid renewable energy shortfall charge or unpaid penalty charge
71 Recovery of renewable energy shortfall charge related liability
72 Service of documents if a person is absent from Australia or cannot be found
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Division 2—Special rules about collection and recovery
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Subdivision A—Recovery from a third party
73 Regulator may collect amounts from third party
74 Notice to Commonwealth, State or Territory
75 Indemnity
76 Offence
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Subdivision B—Recovery from liquidator
77 Liquidator’s obligation
78 Offence
79 Joint liability of 2 or more liquidators
80 Liquidator’s other obligation or liability
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Subdivision C—Recovery from receiver
81 Receiver’s obligation
82 Offence
83 Joint liability of 2 or more receivers
84 Receiver’s other obligation or liability
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Subdivision D—Recovery from agent winding up business for non resident principal
85 Obligation of agent winding up business for non resident principal
86 Offence
87 Joint liability of 2 or more agents
88 Agent’s other obligation or liability
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Subdivision E—Recovery from deceased person’s estate
89 Administered estate
90 Unadministered estate
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Division 3—Other matters
91 What this Division is about
92 Right of recovery if another person is liable
93 Right of contribution if persons are jointly liable
94 Regulator may authorise amount to be recovered
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Part 8—Refunding large scale generation shortfall charge
95 Refunding large scale generation shortfall charge in later years
96 Value of certificates surrendered
97 Certificates can only be surrendered if there is no shortfall
98 Refund of charge where certificates surrendered
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Part 9—Penalty charge
99 Penalty charge for failure to provide statements or information relevant to large scale generation shortfall charge
99A Penalty charge for failure to provide statements or information relevant to small scale technology shortfall charge
100 False or misleading statements
101 Penalty charge where arrangement to avoid renewable energy shortfall charge
102 Assessment of penalty charge
103 Remitting penalty charge
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Part 10—Administration
104 General administration of Act
105 Annual report
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Part 11—Audit
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Division 1—Overview
106 Overview of Part
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Division 2—Appointment of authorised officers and identity cards
107 Appointment of authorised officers
108 Identity cards
109 Offences related to identity cards
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Division 3—Powers of authorised officer
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Subdivision A—Monitoring powers
110 Entry to premises
111 Monitoring powers of authorised officers
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Subdivision B—Power of authorised officer to ask questions and seek production in certain circumstances
112 Authorised officer may request or require persons to answer questions etc.
113 Failure to provide information to authorised officer
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Division 4—Obligations and incidental powers of authorised officers
116 Authorised officer must produce identity card on request
117 Consent
118 Announcement before entry
119 Details of monitoring warrant to be given to occupier etc. before entry
120 Use of electronic equipment in exercising monitoring powers
121 Compensation for damage to electronic equipment
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Division 5—Occupier’s rights and responsibilities
122 Occupier entitled to be present during execution of monitoring warrant
123 Occupier to provide authorised officer with all facilities and assistance
124 Offences related to warrants
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Division 6—Warrants
125 Monitoring warrants
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Part 11A—Information gathering powers
125A Regulator may obtain information and documents
125B Self incrimination
125C Copies of documents
125D Regulator may retain documents
125E False or misleading evidence
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Part 12—Publication of information
134 Regulator may publish certain information
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Part 13—Registers
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Division 1—General
135 Registers to be maintained
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Division 2—The register of registered persons
136 Contents of register of registered persons
137 Form of register
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Division 3—The register of accredited power stations
138 Contents of register of accredited power stations
139 Form of register
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Division 4—The register of large scale generation certificates
140 Contents of register of large scale generation certificates
141 Form of register
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Division 4A—The register of small scale technology certificates
141AA Contents of register of small scale technology certificates
141AB Form of register
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Division 5—The register of applications for accredited power stations
141A Contents of register of applications for accredited power stations
141B Form of register
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Part 15—Offences for failure to provide documents
154 Failure to provide documents
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Part 15A—Civil penalties
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Division 1—Civil penalty orders
154A Definitions
154B Civil penalty orders
154C Who may apply for a civil penalty order
154D Two or more proceedings may be heard together
154E Time limit for application for an order
154F Civil evidence and procedure rules for civil penalty orders
154G Civil proceedings after criminal proceedings
154H Criminal proceedings during civil proceedings
154J Criminal proceedings after civil proceedings
154K Evidence given in proceedings for a civil penalty order not admissible in criminal proceedings
154L Mistake of fact
154M State of mind
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Division 2—Liability of executive officers of bodies corporate
154N Civil penalties for executive officers of bodies corporate
154P Reasonable steps to prevent contravention
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Part 15B—Other remedies
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Division 1—Enforceable undertakings
154Q Acceptance of undertakings
154R Enforcement of undertakings
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Division 2—Injunctions
154S Injunctions
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Part 16—Miscellaneous
155 Contracting outsiders
156 Delegation
157 Appropriation
159 Evidence
160 Records to be kept and preserved by registered persons, liable entities and holders of exemption certificates
160A Prescribing matters by reference to other instruments
160B Administrative decisions under the regulations
161 Regulations
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Part 17—Application of Act to 2001
163 Object of Part
164 Modification of references to a year
165 Modification of other references
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history