Renewable Energy (Electricity) Act 2000No. 174, 2000

In force

Administered by

Department of Climate Change, Energy, the Environment and Water

Superseded version

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View as made version

C2016C00624 C25

10 March 2016 - 18 June 2018

Table of contents

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
Part 2—Renewable energy certificates
- Division 1—Preliminary
  - 8 Overview of Part
- Division 2—Registration of persons
- Division 2A—Provisional accreditation of power stations
- Division 3—Accreditation of eligible power stations
- Division 4—Creation of renewable energy certificates
- Division 5—Form and registration of certificates
- 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
Part 2A—Clearing house for small-scale technology certificates
- Division 1—Preliminary
  - 30H Overview of Part
- Division 2—Regulator to establish and operate clearing house
  - 30J Regulator to establish and operate clearing house
- 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
- Division 4—Purchase of certificates through the clearing house
- Division 5—Renewable Energy Special Account
- Division 6—Other matters
  - 30U Regulations about the operation of the clearing house
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
Part 4—Renewable energy shortfall charge
- Division 1AA—Preliminary
  - 34A Overview of Part
- Division 1—Liability to charge
- Division 1A—Exemption from liability to charge
- 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
- Division 2A—Small-scale technology percentage for small-scale technology shortfall charge
  - 40A Regulations to specify small-scale technology percentage
- Division 2AA—Emerging renewable energy technologies
  - 40AB Inclusion of emerging renewable energy technologies
- Division 3—Other provisions related to renewable energy shortfall charge
Part 5—Statements, certificates and assessments
- Division 1AA—Preliminary
  - 43A Overview of Part
- Division 1—Statements
  - Subdivision A—Annual energy acquisition statements
  - Subdivision B—Annual renewable energy shortfall statements
    - 46 Annual renewable energy shortfall statements
- Division 1A—Exemption certificates
- Division 2—Assessments
Part 6—Objections, reviews and appeals
- Division 1—Objections to and review of assessments
- Division 2—Review of other decisions
  - 66 Review of decisions
Part 7—Collection and recovery of charge
- Division 1—General rules about collection and recovery
- Division 2—Special rules about collection and recovery
- Division 3—Other matters
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
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
Part 10—Administration
- 104 General administration of Act
- 105 Annual report
Part 11—Audit
- Division 1—Overview
  - 106 Overview of Part
- Division 2—Appointment of authorised officers and identity cards
- Division 3—Powers of authorised officer
  - Subdivision A—Monitoring powers
    - 110 Entry to premises
    - 111 Monitoring powers of authorised officers
  - 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
- Division 4—Obligations and incidental powers of authorised officers
- Division 5—Occupier’s rights and responsibilities
- Division 6—Warrants
  - 125 Monitoring warrants
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
Part 12—Publication of information
- 134 Regulator may publish certain information
Part 13—Registers
- Division 1—General
  - 135 Registers to be maintained
- Division 2—The register of registered persons
  - 136 Contents of register of registered persons
  - 137 Form of register
- Division 3—The register of accredited power stations
  - 138 Contents of register of accredited power stations
  - 139 Form of register
- Division 4—The register of large-scale generation certificates
  - 140 Contents of register of large-scale generation certificates
  - 141 Form of register
- Division 4A—The register of small-scale technology certificates
  - 141AA Contents of register of small-scale technology certificates
  - 141AB Form of register
- Division 5—The register of applications for accredited power stations
  - 141A Contents of register of applications for accredited power stations
  - 141B Form of register
Part 15—Offences for failure to provide documents
- 154 Failure to provide documents
Part 15A—Civil penalties
- Division 1—Civil penalty orders
- Division 2—Liability of executive officers of bodies corporate
  - 154N Civil penalties for executive officers of bodies corporate
  - 154P Reasonable steps to prevent contravention
Part 15B—Other remedies
- Division 1—Enforceable undertakings
  - 154Q Acceptance of undertakings
  - 154R Enforcement of undertakings
- Division 2—Injunctions
  - 154S Injunctions
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
Part 17—Application of Act to 2001
- 163 Object of Part
- 164 Modification of references to a year
- 165 Modification of other references
Endnotes
- Endnote 1—About the endnotes
- Endnote 2—Abbreviation key
- Endnote 3—Legislation history
- Endnote 4—Amendment history

Federal Register of Legislation

Scheduled Maintenance Friday 1 May

Renewable Energy (Electricity) Act 2000No. 174, 2000

Scheduled Maintenance Friday 1 May

Renewable Energy (Electricity) Act 2000No. 174, 2000

Legislation text