Federal Register of Legislation - Australian Government

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A Bill for an Act to amend the Renewable Energy (Electricity) Act 2000, and for other purposes.
Administered by: DOEH
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 24 Mar 2006
Introduced HR 02 Mar 2006

2004-2005-2006

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

 

 

Renewable Energy (Electricity) Amendment Bill 2006

 

No.      , 2006

 

(Environment and Heritage)

 

 

 

A Bill for an Act to amend the Renewable Energy (Electricity) Act 2000, and for other purposes

  

  


Contents

1............ Short title............................................................................................ 1

2............ Commencement.................................................................................. 1

3............ Schedule(s).......................................................................................... 2

Schedule 1—Amendments                                                                                                 3

Part 1—Amendments                                                                                                      3

Administrative Decisions (Judicial Review) Act 1977                                         3

Renewable Energy (Electricity) Act 2000                                                              3

Part 2—Application, saving and transitional provisions                                    43

 


A Bill for an Act to amend the Renewable Energy (Electricity) Act 2000, and for other purposes

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Renewable Energy (Electricity) Amendment Act 2006.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

 

2.  Schedule 1

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

 

Note:          This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

             (2)  Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3  Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


 

Schedule 1Amendments

Part 1Amendments

Administrative Decisions (Judicial Review) Act 1977

1  After paragraph (ga) of Schedule 1

Insert:

                    (gb)  decisions making, or forming part of the process of making, or leading up to the making of, assessments under Division 2 of Part 5 of the Renewable Energy (Electricity) Act 2000 or decisions disallowing objections to such assessments or decisions amending or refusing to amend such assessments;

Renewable Energy (Electricity) Act 2000

2  Section 3

Omit “qualifying electricity”, substitute “electricity using eligible renewable energy sources”.

3  Subsection 5(1)

Insert:

accredited power station means a power station accredited under Division 3 of Part 2.

4  Subsection 5(1)

Insert:

electronic signature of a person means the person’s unique identification in an electronic form that is approved by the Regulator under subsection (3).

5  Subsection 5(1)

Insert:

eligible renewable energy source has the meaning given by section 17.

6  Subsection 5(1) (definition of identification code)

Repeal the definition.

7  Subsection 5(1)

Insert:

interest charge means the charge payable under section 70.

8  Subsection 5(1) (definition of monitoring warrant)

Repeal the definition, substitute:

monitoring warrant means a warrant issued under section 125.

9  Subsection 5(1) (definition of National Electricity Code)

Repeal the definition.

10  Subsection 5(1)

Insert:

National Electricity Rules means the National Electricity Rules, as in force from time to time, made under the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia.

11  Subsection 5(1) (definition of NEMMCO)

Repeal the definition, substitute:

NEMMCO has the same meaning as in the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia.

12  Subsection 5(1)

Insert:

nominated person, for an accredited power station, means:

                     (a)  if no approvals have been given under section 30B in relation to the power station—the person who made the application for accreditation; or

                     (b)  if one or more approvals have been given under that section in relation to the power station—the last person so approved.

13  Subsection 5(1)

Insert:

occupier, in relation to premises, includes a person present at the premises who is in apparent control of the premises.

14  Subsection 5(1)

Insert:

offence against this Act includes an offence against section 137.1 or 137.2 of the Criminal Code that relates to this Act.

15  Subsection 5(1)

Insert:

penalty charge means the charge payable under Part 9.

16  Subsection 5(1)

Insert:

premises includes the following:

                     (a)  a structure, building or vehicle;

                     (b)  a place (whether enclosed or built on or not);

                     (c)  a part of a thing referred to in paragraph (a) or (b).

17  Subsection 5(1)

Insert:

registered person means a person registered under Division 2 of Part 2.

18  Subsection 5(1)

Insert:

register of applications for accredited power stations has the meaning given by section 141A.

19  Subsection 5(1) (paragraph (b) of the definition of renewable energy shortfall charge related liability)

Repeal the paragraph, substitute:

                     (b)  interest charge; or

                     (c)  penalty charge.

20  Subsection 5(1)

Insert:

required renewable energy has the meaning given by section 38.

21  Subsection 5(1) (definition of senior employee)

Omit “Regulator”, substitute “Office of the Renewable Energy Regulator”.

22  Subsection 5(1)

Insert:

stakeholder, in relation to an accredited power station, means:

                     (a)  a person who operates the power station (whether alone or together with one or more other persons); or

                     (b)  a person who owns all, or a part, of the power station (whether alone or together with one or more other persons).

23  At the end of section 5

Add:

             (3)  The Regulator may, in writing, approve an electronic form for the purposes of the definition of electronic signature in subsection (1).

24  Section 8

Omit “renewable energy sources”, substitute “eligible renewable energy sources”.

25  Section 8

Omit “solar hot water heaters”, substitute “solar water heaters or small generation units”.

26  Section 8

After:

A person needs to be registered under Division 2 before they can create a certificate.

Insert:

Division 2A provides for provisional accreditation of power stations.

27  Division 2 of Part 2 (heading)

Repeal the heading, substitute:

Division 2Registration of persons

28  Subsection 9(2)

After “section 30”, insert “or 30A”.

29  After Division 2 of Part 2

Insert:

Division 2AProvisional accreditation of power stations

12A  Application for provisional accreditation of a power station

             (1)  A registered person may apply to the Regulator for provisional accreditation of the proposed components of an electricity generation system that the person considers would, if assembled, be a single power station.

Form of application

             (2)  The application must:

                     (a)  be made in a form and manner required by the Regulator; and

                     (b)  specify the proposed components; and

                     (c)  list the eligible renewable energy sources from which power is intended to be generated; and

                     (d)  contain any other information required by the Regulator; and

                     (e)  be accompanied by any documents required by the Regulator; and

                      (f)  be accompanied by the fee (if any) prescribed by the regulations for the making of applications for provisional accreditation.

12B  Regulator may give provisional accreditation

             (1)  If:

                     (a)  the Regulator receives an application that is properly made under section 12A (about an application for provisional accreditation of a power station); and

                     (b)  the Regulator is satisfied that some or all of the proposed components of the system would, if assembled, be a power station for the purposes of this Act;

the Regulator must, by written notice given to the applicant:

                     (c)  specify which of those proposed components (the provisional components) would, if assembled, be a power station for the purposes of this Act; and

                     (d)  specify that, if an application is properly made under section 13 in relation to the power station:

                              (i)  the Regulator will determine that the components specified in that application are taken to be a power station for the purposes of this Act if the Regulator is satisfied that they are not materially different from the provisional components; and

                             (ii)  the power station will be eligible for accreditation if subsection 14(2) is satisfied.

Refusal

             (2)  If:

                     (a)  the Regulator receives an application that is properly made under section 12A; and

                     (b)  the Regulator is not satisfied that some or all of the proposed components of the system would, if assembled, be a power station for the purposes of this Act;

the Regulator must, by written notice given to the applicant, refuse the application.

Regulations

             (3)  Regulations made for the purposes of section 14, in relation to determining the components of a power station, apply in a corresponding way to this section.

12C  Time limit for deciding applications

             (1)  The Regulator must decide an application that is properly made under section 12A within:

                     (a)  the period of 6 weeks beginning on the day the Regulator received the application; or

                     (b)  if, before the end of that period, the Regulator and applicant agree to a longer period—that longer period.

             (2)  If the Regulator has not decided the application within the period applicable under subsection (1), the Regulator is taken, at the end of that period, to have made a decision under section 12B refusing the application.

30  Subsection 13(1)

Repeal the subsection, substitute:

             (1)  A registered person may apply to the Regulator for accreditation, as an accredited power station, of the components of an electricity generation system that the person considers are a single power station if the person:

                     (a)  operates those components (whether alone or together with one or more other persons); or

                     (b)  owns all, or a part, of those components (whether alone or together with one or more other persons).

31  Paragraph 13(2)(b)

Omit “parts”, substitute “components”.

32  After paragraph 13(2)(b)

Insert:

                  (baa)  specify each other person (if any) who:

                              (i)  operates those components (whether alone or together with one or more other persons); or

                             (ii)  owns all, or a part, of those components (whether alone or together with one or more other persons); and

33  Subparagraph 13(2)(ba)(i)

Omit “eligible renewable power sources”, substitute “eligible renewable energy sources”.

34  At the end of subsection 13(2)

Add:

              ; and (f)  be accompanied by a statement in writing from each other person (if any) specified under paragraph (baa) indicating that the other person agrees to the making of the application.

35  At the end of subsection 14(1)

Add:

Note:          A determination under paragraph (a) may be varied: see Division 10.

36  After subsection 14(1)

Insert:

          (1A)  If:

                     (a)  the Regulator gave a person a notice under subsection 12B(1) in relation to the power station; and

                     (b)  the Regulator is satisfied that the components specified in the application under section 13 are not materially different from the components specified under subsection 12B(1);

the Regulator must determine, under paragraph (1)(a) of this section, that the components specified in the application under section 13 are taken to be a power station for the purposes of this Act.

37  Paragraph 14(2)(a)

Omit “eligible renewable power source”, substitute “eligible renewable energy source”.

38  After subsection 14(2)

Insert:

          (2A)  However, a power station is not eligible for accreditation if the Regulator is satisfied that a previous determination under paragraph (1)(a) should be varied to include the components of the system specified in the application for accreditation.

39  At the end of subsection 14(3)

Add:

Note:          The 1997 eligible renewable power baseline for a power station may be varied: see Division 12.

40  Subsection 14(4)

Omit “paragraphs (1)(a) and (b), (2)(a) and (b) and (3)(a) and (b)”, substitute “paragraphs (1)(a) and (3)(a)”.

41  At the end of section 15

Add:

Note:          The accreditation of an accredited power station may be suspended: see Division 11.

42  After section 15

Insert:

15A  Time limit for deciding applications

             (1)  The Regulator must decide an application that is properly made under section 13 within:

                     (a)  the period of 6 weeks beginning on the day the Regulator received the application; or

                     (b)  if, before the end of that period, the Regulator and applicant agree to a longer period—that longer period.

             (2)  If the Regulator has not decided the application within the period applicable under subsection (1), the Regulator is taken, at the end of that period, to have made a decision under section 15 refusing the application.

15B  Nominated person for power station

                   If the Regulator approves an application, the applicant becomes the nominated person for the accredited power station.

Note:          The nominated person for the power station is able to create certificates for electricity generated by the power station: see section 18. The nominated person may change: see Division 9.

43  Section 17

Repeal the section, substitute:

17  What is an eligible renewable energy source?

             (1)  The following energy sources are eligible renewable energy sources:

                     (a)  hydro;

                     (b)  wave;

                     (c)  tide;

                     (d)  ocean;

                     (e)  wind;

                      (f)  solar;

                     (g)  geothermal-aquifer;

                     (h)  hot dry rock;

                      (i)  energy crops;

                      (j)  wood waste;

                     (k)  agricultural waste;

                      (l)  waste from processing of agricultural products;

                    (m)  food waste;

                     (n)  food processing waste;

                     (o)  bagasse;

                     (p)  black liquor;

                     (q)  biomass-based components of municipal solid waste;

                      (r)  landfill gas;

                      (s)  sewage gas and biomass-based components of sewage;

                      (t)  any other energy source prescribed by the regulations.

             (2)  Despite subsection (1), the following energy sources are not eligible renewable energy sources:

                     (a)  fossil fuels;

                     (b)  materials or waste products derived from fossil fuels.

Regulations

             (3)  For the purposes of this Act, the regulations may provide that an energy source referred to in subsection (1) or (2) has the meaning prescribed by the regulations.

             (4)  For the purposes of this Act, the regulations may make provision for and in relation to limiting the meaning of an energy source referred to in subsection (1).

             (5)  For the purposes of this Act, the regulations may make provision for and in relation to extending the meaning of an energy source referred to in subsection (2).

44  Subsection 18(1)

Repeal the subsection, substitute:

             (1)  The nominated person for an accredited power station may create a certificate for each whole MWh of electricity generated by the power station during a year that is in excess of the power station’s 1997 eligible renewable power baseline.

45  After subsection 18(1)

Insert:

          (1A)  A certificate must not be created in respect of a whole MWh of electricity generated partly in 1 year and partly in the following year.

46  Subsection 18(2)

Repeal the subsection, substitute:

             (2)  If the amount of electricity generated by an accredited power station during a year that is in excess of the power station’s 1997 eligible renewable power baseline is less than 1 MWh but greater than or equal to 0.5 MWh, the nominated person for the power station may create 1 certificate in respect of the electricity generated during the year.

47  Subsection 18(4)

Repeal the subsection, substitute:

             (4)  Electricity is to be excluded from all calculations under this section:

                     (a)  to the extent that the electricity was generated using any energy sources that are not eligible renewable energy sources; or

                     (b)  to the extent that the electricity was generated during any period of suspension of the accreditation of the accredited power station under section 30D or 30E.

48  At the end of section 18

Add:

             (5)  The nominated person for an accredited power station must not create any certificates during any period of suspension of the person’s registration under section 30 or 30A.

49  Section 19

Repeal the section, substitute:

19  When certificates may be created

                   A certificate may be created at any time after the generation of the final part of the electricity in relation to which it is created and before the end of the year after the year of generation.

Note:          For offences related to the creation of certificates, see section 24.

50  Subsection 20(1)

Repeal the subsection, substitute:

             (1)  The nominated person for an accredited power station must give an electricity generation return for a year to the Regulator on or before:

                     (a)  14 February in the following year; or

                     (b)  any later day allowed by the Regulator.

51  Paragraph 20(2)(a)

Omit “person”, substitute “power station”.

52  Paragraph 20(2)(c)

Repeal the paragraph, substitute:

                     (c)  the number of certificates created during the year in respect of the electricity generated by the power station during the year; and

                    (ca)  the number of certificates created during the year in respect of any electricity generated by the power station during the previous year; and

53  After section 20

Insert:

20A  Amending electricity generation returns

             (1)  The Regulator may amend an electricity generation return if the nominated person for the accredited power station concerned requests, in writing, an amendment within 12 months of the return being given.

             (2)  The Regulator may also amend an electricity generation return on his or her own initiative if the amendment is made within 4 years of the return being given.

             (3)  If the Regulator refuses to amend an electricity generation return upon a request by a nominated person for an accredited power station, the Regulator must notify the person accordingly.

54  Subsection 21(1)

Omit “and the solar water heater displaces non-renewable electricity”.

55  Subsection 21(2)

Repeal the subsection, substitute:

             (2)  The certificates may only be created within 12 months after the installation of the solar water heater.

             (3)  The regulations may make provision in relation to the time at which a solar water heater is taken to have been installed.

56  Section 22

Before “The”, insert “(1)”.

57  At the end of section 22

Add:

             (2)  Regulations made for the purposes of subsection (1) may:

                     (a)  empower the Regulator to make written determinations; and

                     (b)  require the Regulator to have regard to specified guidelines when making such determinations.

58  At the end of Subdivision B of Division 4 of Part 2

Add:

23AA  Register of solar water heaters

                   The regulations may make provision for and in relation to the Regulator keeping a Register of solar water heaters.

59  Subsection 23A(1)

Omit “and the small generation unit displaces non-renewable electricity”.

60  Subsection 23A(2)

Repeal the subsection, substitute:

             (2)  The regulations may make provision in relation to the time at which a small generation unit is taken to have been installed.

             (3)  The regulations may make provision in relation to:

                     (a)  the time when a right to create certificates in relation to a small generation unit arises; and

                     (b)  the period within which certificates may be created in relation to a small generation unit.

61  Section 23B

Omit “for a particular installation of”, substitute “in relation to”.

62  Subsection 23C(1)

Repeal the subsection, substitute:

             (1)  The owner of the small generation unit at the time that a right to create a certificate or certificates arises in relation to the small generation unit is entitled to create the certificate or certificates.

63  Subsection 23C(2)

After “notice”, insert “and in accordance with the regulations”.

64  At the end of section 23C

Add:

             (4)  Regulations made for the purposes of subsection (2) may make provision:

                     (a)  in relation to when the right may be assigned; and

                     (b)  in relation to the kind of persons to whom the right may be assigned.

             (5)  Subsection (4) does not limit the regulations that may be made for the purposes of subsection (2).

65  At the end of section 23D

Add “, unless an election is made under section 23E in relation to that unit”.

66  At the end of Subdivision BA of Division 4 of Part 2

Add:

23E  Election to not create certificates under this Subdivision

             (1)  The owner of a qualifying small generation unit at the time that it is installed may give the Regulator a notice in writing electing that this Subdivision does not apply to the creation of certificates that relate to the unit.

Timing of election

             (2)  The owner must make the election within the period of 28 days beginning on the day the unit is installed and before any certificates are created under this Subdivision that relate to the unit.

Effect of election

             (3)  If an election is made, a person must not create certificates under this Subdivision that relate to the unit.

Note:          A person may be able to create certificates under Subdivision A that relate to the unit.

Election cannot be altered

             (4)  An election must not be varied or revoked.

Definition

             (5)  In this section:

qualifying small generation unit means a small generation unit of a kind prescribed by the regulations for the purposes of this section.

67  After Subdivision BA of Division 4 of Part 2

Insert:

Subdivision BBSolar water heater and small generation unit return

23F  Solar water heater and small generation unit return

             (1)  If the sum of the number of certificates created by a person during a year under Subdivisions B and BA exceeds 250, the person must give a return for the year to the Regulator on or before:

                     (a)  14 February in the following year; or

                     (b)  any later day allowed by the Regulator.

             (2)  The return must include details of:

                     (a)  the number of certificates the person created under each of those Subdivisions during the year; and

                     (b)  the number of certificates the person is entitled to create under Subdivision B because of rights assigned to the person under subsection 23(2) during the year; and

                     (c)  the number of certificates the person is entitled to create under Subdivision BA because of rights assigned to the person under subsection 23C(2) during the year; and

                     (d)  any other information specified by the regulations.

68  Subsections 24(1) and (3)

Omit “Maximum penalty”, substitute “Penalty”.

69  Subsection 25(1)

After “Certificates”, insert “under Subdivision A of Division 4”.

Note:       The heading to section 25 is altered by adding at the end “—power stations”.

70  Paragraph 25(2)(b)

After “signature of the”, insert “registered”.

71  Paragraph 25(2)(c)

After “the date on which the”, insert “final part of the”.

72  After paragraph 25(2)(c)

Insert:

                    (ca)  details of the eligible renewable energy source or sources of that electricity; and

73  After section 25

Insert:

25A  Form and content of certificates—solar water heaters and small generation units

             (1)  Certificates under Subdivision B or BA of Division 4 are to be created in an electronic form approved in writing by the Regulator.

             (2)  Each certificate is to contain:

                     (a)  the registered person’s registration number; and

                     (b)  the year; and

                     (c)  a number in an unbroken sequence that is used for all certificates created in respect of the solar water heater or small generation unit concerned in that year and that starts at one and has increments of one; and

                     (d)  the electronic signature of the registered person who created the certificate; and

                     (e)  the date on which the solar water heater or small generation unit concerned was installed; and

                      (f)  details of the eligible renewable energy source in respect of which the certificate was created; and

                     (g)  the date on which the certificate was created.

74  Before section 29

Insert:

28A  Registered owner may surrender certificate

                   The registered owner of a certificate may surrender the certificate to the Regulator under this section.

Note 1:       The register of renewable energy certificates under section 140 must contain the name of the current registered owner of each certificate.

Note 2:       Certificates may also be surrendered under sections 44 and 95.

75  Subsection 29(1)

Omit “section 44”, substitute “section 28A, 44 or 95”.

76  After section 30

Insert:

30A  Suspension of registration—other grounds

Regulator’s belief that offence committed

             (1)  The Regulator may, by written notice, suspend the registration of a registered person if the Regulator believes on reasonable grounds that the person has committed an offence against this Act or the regulations.

             (2)  The registration is suspended for such period (not exceeding 12 months) as the Regulator considers appropriate in all of the circumstances. That period must be specified in the notice.

Registration obtained improperly

             (3)  The Regulator may, by written notice, suspend the registration of a registered person if the registration was obtained improperly.

             (4)  The registration is suspended for such period (including permanently) as the Regulator considers appropriate in all of the circumstances. That period must be specified in the notice.

Note:       The heading to section 30 is replaced by the heading “Suspension of registration—conviction of offence”.

77  At the end of Part 2

Add:

Division 9Changing the nominated person for an accredited power station

30B  Changing the nominated person for an accredited power station

             (1)  A registered person who is a stakeholder in relation to an accredited power station may apply to the Regulator for approval to become the nominated person for the power station.

Note:          The nominated person is able to create certificates in respect of electricity generated by the power station: see section 18.

             (2)  The application must:

                     (a)  be made in a form and manner required by the Regulator; and

                     (b)  contain any information required by the Regulator; and

                     (c)  be accompanied by any documents required by the Regulator; and

                     (d)  be accompanied by the fee (if any) prescribed by the regulations for the making of such applications; and

                     (e)  be accompanied by a statement in writing from each other stakeholder (if any) in relation to the power station indicating that the other stakeholder agrees to the making of the application.

             (3)  If the Regulator receives an application that is properly made, the Regulator must, by writing, approve the applicant as the nominated person for the power station.

             (4)  Otherwise, the Regulator must refuse to so approve the applicant and must notify the applicant accordingly.

Division 10Varying what constitutes a power station

30C  Varying what constitutes a power station

             (1)  The Regulator may, by writing, vary a determination under paragraph 14(1)(a). The Regulator may do so only in relation to an accredited power station.

             (2)  The Regulator may do so on his or her own initiative or upon application by the nominated person for the accredited power station.

             (3)  The application must:

                     (a)  be made in a form and manner required by the Regulator; and

                     (b)  contain any information required by the Regulator; and

                     (c)  be accompanied by any documents required by the Regulator; and

                     (d)  be accompanied by the fee (if any) prescribed by the regulations for the making of such applications; and

                     (e)  be accompanied by a statement in writing from each other stakeholder (if any) in relation to the power station indicating that the other stakeholder agrees to the making of the application.

             (4)  If the Regulator refuses the application, the Regulator must notify the applicant accordingly.

Division 11Suspending the accreditation of a power station

30D  Suspending the accreditation of a power station—interconnected power stations

             (1)  The Regulator may, by written notice, suspend the accreditation of an accredited power station if:

                     (a)  the power station is part of a group of interconnected power stations; and

                     (b)  one or more of the power stations (an excess station) in the group generates electricity during a year that is in excess of its 1997 eligible renewable power baseline for the year; and

                     (c)  one or more of the power stations (a shortfall station) in the group generates nil electricity during the year or generates electricity during the year that is less than its 1997 eligible renewable power baseline for the year; and

                     (d)  the Regulator is satisfied that more certificates are able to be created in respect of electricity generated during the year by any excess station than would be able to be created if any shortfall station had generated electricity during the year at least equal to its 1997 eligible renewable power baseline for the year.

Period of suspension

             (2)  The accreditation is suspended for such period (including permanently) as the Regulator considers appropriate in all of the circumstances. That period must be specified in the notice.

Note:          Any electricity generated by the power station while its accreditation is suspended is to be excluded from all calculations under section 18: see subsection 18(4).

Group of interconnected power stations

             (3)  Two or more power stations form a group of interconnected power stations if:

                     (a)  each power station is able to generate electricity using a particular supply (the relevant supply) of an eligible renewable energy source; and

                     (b)  the amount of electricity generated by each power station during a year using that supply is able to be coordinated in order to allow more certificates to be created in respect of the total electricity generated by the power stations during the year using that supply than would otherwise be able to be created.

Relevant matters

             (4)  In deciding whether or not to suspend the accreditation of an accredited power station under subsection (1), the Regulator must have regard to any information available to him or her that demonstrates that either or both of the outcomes referred to in paragraphs (1)(b) and (c) were not the result of a gaming arrangement.

             (5)  The Regulator may have regard to such other matters as he or she thinks appropriate.

Gaming arrangement

             (6)  A gaming arrangement is an arrangement to coordinate the amount of electricity generated by each power station in the group during the year using the relevant supply in order to allow more certificates to be created in respect of the total electricity generated by the power stations in the group during the year using that supply than would otherwise be able to be created.

30E  Suspending the accreditation of a power station—other grounds

Failure to give an electricity generation return

             (1)  The Regulator may, by written notice, suspend the accreditation of an accredited power station if an electricity generation return for a year, in respect of the station, has not been given to the Regulator in accordance with section 20.

             (2)  The accreditation is suspended until the return is given to the Regulator in accordance with that section. The notice must include a statement to that effect.

Contravention of Commonwealth, State or Territory law

             (3)  The Regulator may, by written notice, suspend the accreditation of an accredited power station if the Regulator believes on reasonable grounds that the power station is being operated in contravention of a law of the Commonwealth, a State or a Territory.

             (4)  The accreditation is suspended until the Regulator believes on reasonable grounds that the power station is not being operated in contravention of that law. The notice must include a statement to that effect.

Other circumstances

             (5)  The Regulator may, by written notice, suspend the accreditation of an accredited power station in any other circumstances prescribed by the regulations.

             (6)  The accreditation is suspended for such period (including permanently) as the Regulator considers appropriate in all of the circumstances. That period must be specified in the notice.

Note:          Any electricity generated by the power station while its accreditation is suspended under this section is to be excluded from all calculations under section 18: see subsection 18(4).

Division 12Varying 1997 eligible renewable power baselines

30F  Varying 1997 eligible renewable power baselines

             (1)  The Regulator may, by written determination, vary the 1997 eligible renewable power baseline for an accredited power station in the circumstances prescribed by the regulations.

             (2)  The regulations may make provision for the 1997 eligible renewable power baseline for an accredited power station to be varied if an action or policy of the Commonwealth Government reduces the power station’s ability to generate electricity for a sustained period.

             (3)  Subsection (2) does not limit subsection (1).

Increase in baseline

             (4)  If a determination increases the 1997 eligible renewable power baseline for an accredited power station, the determination has effect only for the years following the year in which the determination is made.

Decrease in baseline

             (5)  If a determination decreases the 1997 eligible renewable power baseline for an accredited power station, the determination has effect for the year or years specified in the determination.

78  At the end of paragraph 31(2)(c)

Add “or a person or body prescribed by the regulations”.

79  Paragraph 32(1)(a)

After “NEMMCO”, insert “or a person or body prescribed by the regulations”.

80  Subsection 32(2)

Omit “a generator”, substitute “the person who generated the electricity”.

81  At the end of section 32

Add:

             (3)  If there is a wholesale acquisition of electricity under this section, then no other acquisition in relation to that electricity is a relevant acquisition (regardless of when the other acquisition occurs).

82  Subsection 33(2)

Omit “Code”, substitute “Rules”.

83  Subsection 33(2)

Omit “generator” (first occurring), substitute “person who generated the electricity”.

84  Subsection 33(2A)

Repeal the subsection.

85  Subsection 33(3)

Omit “generator” (first occurring), substitute “person who generated the electricity”.

86  Section 34

After “NEMMCO”, insert “or a person or body prescribed by the regulations”.

Note:       The heading to section 34 is altered by adding at the end “or a person or body prescribed by the regulations”.

87  Section 38

Omit “liable person” (wherever occurring), substitute “liable entity”.

88  Paragraph 39(2)(b)

Repeal the paragraph, substitute:

                     (b)  for any later year—the rate worked out using the formula:

89  After subsection 39(3)

Insert:

          (3A)  If, at the time the Minister takes into consideration the matters referred to in subsection (3), the amount applicable under paragraph (3)(c) is not known, then the Minister may take into consideration an estimate of that amount instead.

90  Section 40 (table, heading to column 2)

Omit “Required additional”.

91  At the end of section 41

Add:

Note:          See also section 101 (about payment of penalty charge).

92  Subsection 42(1)

Omit “(including additional renewable energy shortfall charge)” (first occurring), substitute “, penalty charge or interest charge”.

93  Subsection 42(1)

Omit “(including additional renewable energy shortfall charge)” (last occurring), substitute “, penalty charge and interest charge”.

94  At the end of subsection 44(1)

Add:

Note:          For amendment of such statements, see section 45A.

95  Paragraph 44(2)(c)

After “that year”, insert “under this section”.

96  Subsection 44(4)

Omit “annual energy acquisition”.

97  Subsection 44(4)

After “that year”, insert “under this section”.

98  Subsection 44(4)

Omit “liable person”, substitute “liable entity”.

99  Subsection 44(4)

Omit “certificates” (last occurring), substitute “certificate”.

100  Subsection 44(5)

Repeal the subsection, substitute:

             (5)  The regulations may prescribe the fee payable for the surrender of a certificate under this section.

             (6)  The Regulator must, by notice in writing given to the liable entity, advise the entity:

                     (a)  of the number of certificates specified under subsection (4) that are able to be surrendered for that year; and

                     (b)  of the fee payable by the entity in respect of the surrender of those certificates.

Note:          Section 45 contains restrictions on certificates that can be surrendered.

             (7)  The liable entity must pay the fee within the period of 28 days beginning on the day the entity receives the notice under subsection (6).

             (8)  If the fee is unpaid at the end of that period, it is a debt due to the Commonwealth and is recoverable by the Regulator in a court of competent jurisdiction.

             (9)  A notice under subsection (6) is not a legislative instrument.

101  Section 45

After “surrendered”, insert “under section 44”.

102  After section 45

Insert:

45A  Amending annual energy acquisition statements

             (1)  The Regulator may amend an energy acquisition statement if the liable entity requests, in writing, an amendment within 12 months of lodging the statement.

             (2)  The Regulator may also amend an energy acquisition statement on his or her own initiative if the amendment is made within 4 years of the liable entity lodging the statement.

             (3)  If the Regulator refuses to amend an energy acquisition statement upon a request by a liable entity, the Regulator must notify the entity accordingly.

Note:          An amendment of an energy acquisition statement under this section may also result in the Regulator issuing an assessment under section 48 or amending an assessment under section 49.

103  Paragraphs 46(2)(d) and (e)

Repeal the paragraphs, substitute:

                     (d)  either any carried forward shortfall for the year or the amount of the renewable energy shortfall charge for the year; and

104  Paragraph 47(c)

After “charge”, insert “(if any)”.

105  Paragraph 47(e)

Repeal the paragraph, substitute:

                     (e)  the renewable energy certificate shortfall specified in the statement is taken to be the liable entity’s renewable energy certificate shortfall for the year; and

                    (ea)  the amount of renewable energy shortfall charge (if any) specified in the statement is taken to be the amount of renewable energy shortfall charge payable by the liable entity for the year; and

106  Paragraph 48(1)(b)

Omit “is liable to pay renewable energy shortfall charge for the year”, substitute “has a renewable energy certificate shortfall for the year”.

107  Subsection 48(1)

Before “payable”, insert “(if any)”.

108  Paragraph 48(2)(c)

Omit “is liable to pay renewable energy shortfall charge for the year”, substitute “has a renewable energy certificate shortfall for the year”.

109  Subsection 48(2)

Before “payable”, insert “(if any)”.

110  At the end of subsection 49(1)

Add:

Note:          This Division does not apply in relation to an assessment under section 102: see section 53A.

111  Subsection 49(3)

Omit “An”, substitute “Subject to subsection (5), an”.

112  Paragraph 49(6)(a)

Omit “the decision”, substitute “a decision”.

113  Paragraph 49(6)(b)

Omit “its amendment by reduction of”, substitute “a decision to reduce”.

114  Subsection 50(2) (definition of overpaid amount)

Omit “additional renewable energy shortfall charge under section 70 or Part 9”, substitute “penalty charge or interest charge”.

115  Section 52

Omit “person liable to pay the renewable energy shortfall charge”, substitute “liable entity concerned”.

116  At the end of Part 5

Add:

53A  Application of Division

                   This Division does not apply in relation to an assessment under section 102.

117  Section 54

Before “A”, insert “(1)”.

118  At the end of section 54

Add:

             (2)  This Division does not apply in relation to an assessment under section 102.

Note:          However, a person may seek review of a decision to make an assessment under section 102: see Division 2.

119  Section 55

Omit “person” (wherever occurring), substitute “liable entity”.

120  Subsection 57(2)

Omit “person’s”, substitute “liable entity’s”.

Note:       The heading to section 57 is altered by omitting “Applications” and substituting “Requests”.

121  Subsection 57(4)

Omit “person”, substitute “liable entity”.

122  Subsection 57(6)

Omit “person”, substitute “liable entity”.

123  Subsection 58(3)

Omit “person”, substitute “liable entity”.

124  Section 62

Omit “person”, substitute “liable entity”.

125  Section 65

Omit “additional renewable energy shortfall charge”, substitute “penalty charge, interest charge”.

126  Subsection 66(1) (after table item 1)

Insert:

 

1A

in relation to an application under section 12A (about provisional accreditation of power stations)

section 12B

the applicant.

127  Subsection 66(1) (after table item 3)

Insert:

 

3A

to amend, or to refuse to amend, an electricity generation return

section 20A

the nominated person for the accredited power station concerned.

128  Subsection 66(1) (table item 5)

After “section 30”, insert “or 30A”.

129  Subsection 66(1) (after table item 5)

Insert:

 

5A

to refuse to approve a person as the nominated person for an accredited power station

section 30B

the person.

5B

to vary, or to refuse to vary, a determination under paragraph 14(1)(a)

section 30C

the nominated person for the accredited power station concerned.

5C

to suspend the accreditation of an accredited power station

section 30D or 30E

the nominated person for the power station.

5D

to vary the 1997 eligible renewable power baseline for an accredited power station

section 30F

the nominated person for the power station.

5E

to amend, or to refuse to amend, an energy acquisition statement

section 45A

the liable entity concerned.

130  Subsection 66(1) (table item 6)

Repeal the item, substitute:

 

6

assessing penalty charge

section 102

the liable entity that is liable to pay the penalty charge.

131  Subsection 66(1) (table item 7)

Omit “additional renewable energy shortfall charge” (wherever occurring), substitute “penalty charge”.

132  Part 7 (heading)

Repeal the heading, substitute:

Part 7Collection and recovery of charge

133  Section 68

Omit “Additional renewable energy shortfall charge under Part 9”, substitute “Penalty charge”.

Note:       The heading to section 68 is altered by omitting “additional renewable energy shortfall charge” and substituting “penalty charge”.

134  Section 68

Omit “the additional charge”, substitute “that charge”.

135  Section 70

Repeal the section, substitute:

70  Penalty for unpaid renewable energy shortfall charge or unpaid penalty charge

Unpaid renewable energy shortfall charge

             (1)  If an amount (the unpaid amount) of renewable energy shortfall charge which a liable entity is liable to pay is not paid by the time by which it is due to be paid, the liable entity is liable to pay, by way of penalty, interest charge on the whole of the unpaid amount for each day in the period that:

                     (a)  started at the beginning of the day by which the amount of the renewable energy shortfall charge was due to be paid; and

                     (b)  finishes at the end of the last day on which, at the end of the day, any of the following remains unpaid:

                              (i)  the renewable energy shortfall charge;

                             (ii)  interest charge on any of the renewable energy shortfall charge.

Unpaid penalty charge

             (2)  If an amount (the unpaid amount) of penalty charge which a liable entity is liable to pay is not paid by the time by which it is due to be paid, the liable entity is liable to pay, by way of penalty, interest charge on the whole of the unpaid amount for each day in the period that:

                     (a)  started at the beginning of the day by which the amount of the penalty charge was due to be paid; and

                     (b)  finishes at the end of the last day on which, at the end of the day, any of the following remains unpaid:

                              (i)  the penalty charge;

                             (ii)  interest charge on any of the penalty charge.

Amount of interest charge

             (3)  The amount of the interest charge for a day is worked out by multiplying the unpaid amount by the general interest charge rate for the day.

When interest charge becomes due and payable

             (4)  The interest charge for a day is due and payable at the end of that day.

136  Subsection 81(1)

Repeal the subsection, substitute:

             (1)  This Subdivision applies if:

                     (a)  a person (the receiver), in the capacity of receiver, or of receiver and manager, takes possession of a company’s assets for the company’s debenture holders; and

                     (b)  the company is, or has been, a liable entity.

137  Section 82

Omit “Maximum penalty”, substitute “Penalty”.

138  At the end of subsection 85(1)

Add:

             ; and (c)  is, or has been, a liable entity.

139  Section 86

Omit “Maximum penalty”, substitute “Penalty”.

140  Paragraph 89(3)(a)

Omit “returns”, substitute “statement”.

141  Paragraph 89(3)(b)

Omit “additional returns or”.

142  Paragraph 89(4)(b)

Omit “return”, substitute “statement”.

143  Subsection 95(2)

Omit “return”, substitute “renewable energy shortfall statement”.

144  Subsection 96(2)

After “charge”, insert “paid by the liable entity”.

145  Subsection 99(1)

Omit “additional renewable energy shortfall charge”, substitute “penalty charge”.

146  Subsection 99(2)

Omit “additional renewable energy shortfall charge”, substitute “penalty charge”.

147  Subsection 99(3)

Omit “additional renewable energy shortfall charge”, substitute “penalty charge”.

148  Subsection 99(4)

Omit “additional renewable energy shortfall charge”, substitute “penalty charge”.

149  Subsection 100(1)

Omit “additional renewable energy shortfall charge”, substitute “penalty charge”.

150  Section 101

Omit “additional renewable energy shortfall charge”, substitute “penalty charge”.

Note:       The heading to section 101 is altered by omitting “Penalty renewable energy shortfall charge” and substituting “Penalty charge”.

151  Subsection 102(1)

Omit “additional renewable energy shortfall charge”, substitute “penalty charge”.

Note:       The heading to section 102 is altered by omitting “additional renewable energy shortfall charge” and substituting “penalty charge”.

152  Section 103

Omit “additional renewable energy shortfall charge” (wherever occurring), substitute “penalty charge”.

Note:       The heading to section 103 is altered by omitting “additional renewable energy shortfall charge” and substituting “penalty charge”.

153  After subsection 107(1)

Insert:

          (1A)  The Regulator may, in writing, also appoint any of the following persons to be an authorised officer for the purposes of this Part:

                     (a)  any other person who is appointed or employed by the Commonwealth;

                     (b)  a person who is appointed or employed by a State or a Territory.

154  Section 109

Omit “Maximum penalty”, substitute “Penalty”.

155  Subsection 110(1)

Omit “this Act or of determining whether this Act has”, substitute “this Act or the regulations or of determining whether this Act or the regulations have”.

Note:       The heading to section 110 is replaced by the heading “Entry to premises”.

156  Paragraph 111(1)(b)

After “this Act”, insert “or the regulations”.

157  Paragraph 111(1)(c)

After “this Act”, insert “or the regulations”.

158  Paragraph 111(1)(e)

After “this Act”, insert “or the regulations”.

159  Subparagraph 111(1)(h)(iii)

Omit “that”.

160  Subsection 111(2)

Omit “assessing the correctness of information provided under this Act”, substitute “substantiating information provided under this Act or the regulations”.

161  Paragraph 112(1)(a)

After “this Act”, insert “or the regulations”.

162  Paragraph 112(2)(a)

After “this Act”, insert “or the regulations”.

163  Subsection 113(1)

Omit “Maximum penalty”, substitute “Penalty”.

164  Sections 114 and 115

Repeal the sections.

165  Subsection 119(1)

Omit “premises in respect of which it is being executed”, substitute “warrant premises”.

166  Paragraph 120(2)(a)

After “this Act”, insert “or the regulations”.

167  Section 124

Omit “Maximum penalty”, substitute “Penalty”.

168  Subsection 125(2)

Omit “this Act or of determining whether this Act has”, substitute “this Act or the regulations or of determining whether this Act or the regulations have”.

169  After Part 11

Insert:

Part 11AInformation-gathering powers

  

125A  Regulator may obtain information and documents

             (1)  This section applies to a person if the Regulator has reason to believe that the person:

                     (a)  has information or a document that is relevant to the operation of this Act; or

                     (b)  is capable of giving evidence which the Regulator has reason to believe is relevant to the operation of this Act.

             (2)  The Regulator may, by written notice given to the person, require the person:

                     (a)  to give to the Regulator, within the period and in the manner and form specified in the notice, any such information; or

                     (b)  to produce to the Regulator, within the period and in the manner specified in the notice, any such documents; or

                     (c)  if the person is an individual—to appear before the Regulator at a time and place specified in the notice to give any such evidence, either orally or in writing, and produce any such documents; or

                     (d)  if the person is a body corporate—to cause a competent officer of the body to appear before the Regulator at a time and place specified in the notice to give any such evidence, either orally or in writing, and produce any such documents.

             (3)  A notice under subsection (2) must set out the effect of:

                     (a)  subsection (4); and

                     (b)  section 125E; and

                     (c)  sections 137.1 and 137.2 of the Criminal Code.

Note:          Sections 137.1 and 137.2 of the Criminal Code create offences for giving false or misleading information or documents.

             (4)  A person commits an offence if:

                     (a)  the person is given a notice under this section; and

                     (b)  the person fails to comply with the notice.

Penalty for contravention of this subsection: 20 penalty units.

125B  Self-incrimination

             (1)  An individual is not excused from giving information or evidence or producing a document under this Part on the ground that the information or evidence or the production of the document might tend to incriminate the individual or expose the individual to a penalty.

             (2)  However:

                     (a)  the information or evidence given or the document produced; or

                     (b)  any information, document or thing obtained as a direct or indirect consequence of giving the information or evidence or producing the document;

is not admissible in evidence against the individual in criminal proceedings other than:

                     (c)  proceedings for an offence against subsection 125A(4) or section 125E; or

                     (d)  proceedings for an offence against section 137.1 or 137.2 of the Criminal Code (about false or misleading information or documents) that relates to this Part.

125C  Copies of documents

                   The Regulator may inspect a document produced under this Part and may make and retain copies of, or take and retain extracts from, such a document.

125D  Regulator may retain documents

             (1)  The Regulator may take, and retain for as long as is necessary, possession of a document produced under this Part.

             (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 Regulator to be a true copy.

             (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 Regulator must, at such times and places as the Regulator thinks appropriate, permit the person otherwise entitled to possession of the document, or a person authorised by that person, to inspect and make copies of, or take extracts from, the document.

125E  False or misleading evidence

                   A person commits an offence if:

                     (a)  the person gives evidence to another person; and

                     (b)  the person does so knowing that the evidence is false or misleading in a material particular; and

                     (c)  the evidence is given in compliance or purported compliance with section 125A.

Penalty:  Imprisonment for 12 months.

170  Paragraph 126(1)(b)

Repeal the paragraph, substitute:

                     (b)  a member of the staff of the Office of the Renewable Energy Regulator referred to in section 151; or

171  Subsection 127(1)

Omit “Maximum penalty”, substitute “Penalty”.

172  Section 128

Omit “for the purpose of implementing this Act”, substitute “for the purposes of this Act”.

173  Subsection 130(1)

Omit “for the purpose of implementing this Act”, substitute “for the purposes of this Act”.

174  Paragraph 132(1)(b)

After “powers”, insert “in connection with proceedings under this Act”.

175  After paragraph 134(a)

Insert:

                    (aa)  both of the following:

                              (i)  the amount of each liable entity’s renewable energy certificate shortfall for that year;

                             (ii)  the proportion of that shortfall relative to the liable entity’s required renewable energy for that year; and

176  Paragraph 134(b)

Omit “a”, substitute “that”.

177  Paragraph 138(b)

Repeal the paragraph, substitute:

                     (b)  the name of the nominated person for the accredited power station; and

178  After paragraph 138(c)

Insert:

                    (ca)  the 1997 eligible renewable power baseline for each power station (including any variation of that baseline under section 30F); and

179  Paragraph 140(a)

Omit “number”, substitute “unique identification code”.

180  Paragraph 140(da)

Omit “of the electricity covered by the certificate”, substitute “in respect of which the certificate was created”.

181  Paragraph 141A(b)

Omit “electricity generation system”, substitute “power station”.

182  Paragraph 141A(d)

Omit “Registrar”, substitute “Regulator”.

183  At the end of subsection 147(3)

Add:

               ; or (e)  fails, without reasonable excuse, to comply with section 147A (disclosure of interests).

184  After section 147

Insert:

147A  Disclosure of interests

             (1)  The Regulator must give written notice to the Minister of all interests, pecuniary or otherwise, that the Regulator has or acquires and that could conflict with the proper performance of the Regulator’s functions.

             (2)  A notice under subsection (1) is not a legislative instrument.

185  Subsection 148(3)

Omit “The Consolidated Revenue Fund is appropriated for the payment of the remuneration and allowances.”.

186  Part 15 (heading)

Repeal the heading, substitute:

Part 15Offences for failure to provide documents

187  Sections 152 and 153

Repeal the sections.

188  Subsections 154(1) and (3)

Omit “Maximum penalty”, substitute “Penalty”.

189  Subsection 160(1)

Omit “by the employer”.

190  Subsection 161(1)

Omit “(1)”.

191  Subsection 161(2)

Repeal the subsection.


 

Part 2Application, saving and transitional provisions

192  Application—assessments

The amendment made by item 1 applies in relation to decisions made after the commencement of that item.

193  Application—creation of renewable energy certificates

The amendments made by items 4, 44, 45, 46, 69, 70, 71, 72, 73, 179 and 180 apply in relation to certificates created after the commencement of those items.

194  Application—charges

The amendments made by items 7, 15, 19, 114, 125, 130, 131, 133, 134, 135 and 145 to 152 apply in relation to amounts that a liable entity becomes liable to pay after the commencement of those items.

195  Application—applications for accreditation of a power station

The amendments made by items 30, 31, 32, 34, 38 and 181 apply in relation to applications made after the commencement of those items.

196  Application—time limit for deciding applications

The amendment made by item 42 (in so far as it inserts section 15A of the Renewable Energy (Electricity) Act 2000) applies in relation to applications made after the commencement of that item.

197  Application—electricity generation

The amendments made by items 43 and 49 apply in relation to electricity generated after the commencement of those items.

198  Transitional—electricity generated before commencement

A person is not entitled to create a certificate under section 18 of the Renewable Energy (Electricity) Act 2000, in respect of electricity generated before this item commences, at any time after the end of the year after the year in which this item commences.

Note:       Section 24 of that Act creates offences for the improper creation of certificates.

199  Application—solar water heaters and small generation units

Creation of solar water heater certificates etc.

(1)        The amendments made by items 54, 55, 57 and 58 apply in relation to solar water heaters installed after the commencement of those items.

Creation of small generation unit certificates

(2)        The amendments made by items 59, 60 (in so far as it inserts subsection 23A(2) of the Renewable Energy (Electricity) Act 2000), 65 and 66 apply in relation to small generation units installed after the commencement of those items.

(3)        The amendments made by items 60 (in so far as it inserts subsection 23A(3) of the Renewable Energy (Electricity) Act 2000), 61 and 62 apply in relation to small generation units installed before or after the commencement of those items.

Assignment of right to create small generation unit certificates

(4)        The amendments made by items 63 and 64 apply in relation to assignments made after the commencement of those items in relation to small generation units installed before or after that commencement.

Returns

(5)        The amendment made by item 67 applies in relation to years ending after the commencement of that item.

200  Application—surrender of certificates

The amendment made by item 74 applies in relation to certificates created before or after the commencement of that item.

201  Application—relevant acquisitions of electricity

The amendments made by items 81 and 84 apply in relation to acquisitions of electricity occurring in the year ending 31 December 2006 or in any later year.

202  Saving—fees for surrender of certificates

Regulations in force for the purposes of subsection 44(5) of the Renewable Energy (Electricity) Act 2000 immediately before the commencement of this item have effect after that commencement as if they were regulations made for the purposes of that subsection after that commencement.

203  Application—secrecy

The amendments made by items 172, 173 and 174 apply in relation to proceedings instituted after the commencement of those items.

204  Application—publication

The amendment made by item 175 applies in relation to years ending after the commencement of that item.

205  Application—register of accredited power stations

The amendment made by item 178 applies in relation to power stations accredited before or after the commencement of that item.

206  Transitional—accredited power stations

(1)        This item applies in relation to a power station that was accredited under Division 3 of Part 2 of the Renewable Energy (Electricity) Act 2000 before the commencement of this item.

(2)        The Regulator must, within 28 days after the commencement of that item, approve a person as the nominated person for the power station.

Note:       The register of accredited power stations is to contain the name of the nominated person for an accredited power station: see section 138 of the Renewable Energy (Electricity) Act 2000.

(3)        The person approved must be a stakeholder in relation to the power station.

Note:       Another stakeholder in relation to the power station may later apply to the Regulator to become the nominated person for the power station: see section 30B of the Renewable Energy (Electricity) Act 2000.

(4)        The approval must be in writing and is taken to be an approval given under section 30B of the Renewable Energy (Electricity) Act 2000.

(5)        For the purposes of section 66 of the Renewable Energy (Electricity) Act 2000:

                     (a)  the approval is taken to be a reviewable decision; and

                     (b)  the affected person in relation to that decision is taken to be any other stakeholder in relation to the power station.

(6)        For the purposes of this item, stakeholder, in relation to a power station, means:

                     (a)  a person who operates the power station (whether alone or together with one or more other persons); or

                     (b)  a person who owns all, or a part, of the power station (whether alone or together with one or more other persons).

207  Transitional—relevant acquisitions of electricity

(1)        This item applies if:

                     (a)  a person has lodged an energy acquisition statement for the year (the applicable year) ending on 31 December 2001, 31 December 2002, 31 December 2003, 31 December 2004 or 31 December 2005; and

                     (b)  the amount of electricity specified in the statement as having been acquired under relevant acquisitions is greater than the amount that would have been acquired under relevant acquisitions if the amendments made by items 81 and 84 had applied to the applicable year.

(2)        If this item applies, the amount of electricity acquired under relevant acquisitions during the applicable year is taken to be the amount that would have been acquired under relevant acquisitions if the amendments made by items 81 and 84 had applied to the applicable year.

(3)        If, after the application of this item, the person has a carried forward surplus at the end of the applicable year, the Regulator may, upon written application by the person:

                     (a)  reduce the carried forward surplus of the person for the applicable year (which may be to nil); and

                     (b)  reduce the renewable energy certificate shortfall of another person for the applicable year by a corresponding amount.