A Bill for an Act to amend the Renewable Energy (Electricity) Act 2000, and for related purposes
The Parliament of Australia enacts:
1 Short title
This Act is the Renewable Energy (Electricity) Amendment (Cheaper Home Batteries) Act 2022.
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 |
| Provisions | Commencement | Date/Details |
| 1. The whole of this Act | A single day to be fixed by Proclamation. However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. | |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 1—Amendments
Renewable Energy (Electricity) Act 2000
1 Subsection 5(1)
Insert:
home battery means a device that stores electricity that is specified by the regulations to be a home battery.
2 Subsection 5(1) (definition of small‑scale technology certificate)
Omit “or BA”, substitute “, BA or BAA”.
3 Subsection 5(1) (note 1 to the definition of small‑scale technology certificate)
Omit “and small generation units”, substitute “, small generation units and home batteries”.
4 Section 8
Omit “and small generation units”, substitute “, small generation units and home batteries”.
5 Section 8
Omit “or small generation units”, substitute “, small generation units or home batteries”.
6 Section 17B
Omit “and small generation units”, substitute “, small generation units and home batteries”.
7 Section 17B
Omit “and BA”, substitute “, BA and BAA”.
8 Section 17B
Omit “or BA”, substitute “, BA or BAA”.
9 After Subdivision BA of Division 4 of Part 2
Insert:
Subdivision BAA—Small‑scale technology certificates for home batteries
23EA Small‑scale technology certificates
Certificates created under this Subdivision are small scale technology certificates.
23EB When a certificate may be created
(1) If a home battery is installed:
(a) on or after the commencement of this subsection; and
(b) on or before 31 December 2030;
certificates may be created after the home battery is installed.
Note: For offences and civil penalties related to the creation of certificates, see Subdivision C.
(2) The regulations:
(a) may provide that certificates cannot be created in relation to a home battery unless particular conditions are satisfied in relation to the home battery or its installation; and
(b) without limiting paragraph (a), may:
(i) require information or documents to be given to the Regulator in relation to a home battery or its installation; and
(ii) provide that information or documents required to be given to the Regulator must be verified by statutory declaration.
(3) To avoid doubt, regulations under subsection (2) may impose conditions to be complied with in relation to a home battery after its installation.
Note: For example, conditions may be imposed so that certificates cannot be created in relation to a home battery:
(a) unless the home battery is regularly charged and used to supply electricity; or
(b) if the home battery is charged with electricity generated by a small generation unit for which a certificate is or may be created under Subdivision BA.
(4) The regulations may make provision in relation to the time at which a home battery is taken to have been installed.
(5) A right to create certificates for a home battery arises within 12 months of the installation.
Note: A certificate cannot be created on or after 1 January 2031: see section 4.
(6) Certificates may be created for a particular home battery only at a single time. The number of certificates created for a particular home battery at the time certificates are created for the battery must be the whole of the number of certificates that may be created for the battery under section 23ED.
23EC Regulations to establish scheme for inspection of new installations of home batteries
(1) The regulations must establish a scheme for the inspection of the installation of home batteries for which certificates have been created.
(2) Without limiting subsection (1), regulations made under that subsection must provide:
(a) that each year a statistically significant selection of home batteries that were installed during that year must be inspected for conformance with Australian standards and any other standards or requirements relevant to the creation of certificates in relation to that home battery; and
(b) that an inspection of a home battery is to be carried out by a person or organisation who:
(i) is independent of the person or organisation who designed and/or installed that home battery; and
(ii) does not have a conflict of interest in relation to that home battery or administration of the matters being inspected; and
(c) for the transfer of information, about any failures to comply with standards or other requirements relevant to the creation of certificates in relation to home batteries, to State, Territory or Commonwealth bodies with responsibility for the enforcement and administration of those standards or requirements.
(3) A report of an inspection carried out in accordance with regulations made under subsection (1) may set out:
(a) conclusions; or
(b) recommendations; or
(c) other material;
that is or are relevant to the performance of the functions, or the exercise of the powers, conferred on the Regulator by section 26.
(4) Subsection (3) does not limit the matters that may be set out in a report.
Note: Inspections carried out in accordance with regulations made under subsection (1):
(a) may be relevant in determining whether a certificate is eligible for registration under section 26 (see subsection 26(3AA)); and
(b) provide an indication of the effectiveness of the process for the registration of certificates.
23ED How many certificates may be created
The number of certificates, each representing 1 MWh, that may be created in relation to a home battery is to be equal to the number worked out by multiplying:
(a) the number determined in accordance with the regulations for the battery; by
(b) the number specified in the following table for the year in which the battery is installed.
| Multipliers |
| Item | Column 1 Year home battery installed | Column 2 Multiplier |
| 1 | before 2026 | 15 |
| 2 | 2026 | 15 |
| 3 | 2027 | 14 |
| 4 | 2028 | 13 |
| 5 | 2029 | 12 |
| 6 | 2030 | 11 |
23EE Who may create a certificate
(1) The owner of the home battery at the time that a right to create a certificate or certificates arises in relation to the home battery is entitled to create the certificate or certificates.
(2) However, the owner may, by written notice and in accordance with the regulations, assign the right to create the certificate or certificates to another person. If the owner does this, the owner is not entitled to create the certificate or certificates but the person to whom the right was assigned is entitled to create the certificate or certificates.
(3) Despite subsections (1) and (2), a person who is not registered may not create a certificate that relates to the home battery.
(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).
23EF No other certificates to be created
A person must not create certificates under Subdivision A in respect of electricity supplied by a home battery, unless an election is made under section 23EG in relation to that home battery.
23EG Election to not create certificates under this Subdivision
(1) The owner of a qualifying home battery 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 home battery.
Timing of election
(2) The owner must make the election within the period of 28 days beginning on the day the home battery is installed and before any certificates are created under this Subdivision that relate to the home battery.
Effect of election
(3) If an election is made, a person must not create certificates under this Subdivision that relate to the home battery.
Note: A person may be able to create certificates under Subdivision A that relate to the home battery.
Election cannot be altered
(4) An election must not be varied or revoked.
Definition
(5) In this section:
qualifying home battery means a home battery of a kind prescribed by the regulations for the purposes of this section.
10 Subdivision BB of Division 4 of Part 2 (heading)
Omit “and small generation unit”, substitute “, small generation unit and home battery”.
11 Section 23F (heading)
Omit “and small generation unit”, substitute “, small generation unit and home battery”.
12 Subsection 23F(1)
Omit “and BA”, substitute “, BA and BAA”.
13 After paragraph 23F(2)(c)
Insert:
(ca) the number of certificates the person is entitled to create under Subdivision BAA because of rights assigned to the person under subsection 23EE(2) during the year; and
14 Section 24B (heading)
Omit “or BA”, substitute “, BA or BAA”.
15 Paragraph 24B(1)(a)
Omit “or a small generation unit”, substitute “, a small generation unit or a home battery”.
16 Paragraph 24B(1)(c)
Omit “or BA”, substitute “, BA or BAA”.
17 Paragraphs 24B(1)(c) and (e) and 25A(2)(c) and (e)
Omit “or small generation unit”, substitute “, small generation unit or home battery”.
18 Paragraph 25A(2)(f)
Omit “or that it was created in relation to a small generation unit”, substitute “that it was created in relation to a small generation unit, or that it was created in relation to a home battery,”.
19 Subsection 26(3AA)
After “subsection 23AAA(1)”, insert “or 23EC(1)”.
20 Subsection 26(3AA) (note)
After “Note”, insert “1”.
21 At the end of subsection 26(3AA)
Add:
Note 2: Subsection 23EC(1) deals with the inspection of the installation of home batteries.
22 Paragraphs 26(3B)(b) and (c)
After “subsection 23AAA(1)”, insert “or 23EC(1)”.
23 Subparagraphs 30LA(3)(a)(ii), (iii) and (iv)
Omit “and solar water heaters” (wherever occurring), substitute “, solar water heaters and home batteries”.
24 At the end of Division 5 of Part 2A
Add:
30TA Home batteries
This Division does not apply in relation to a small‑scale technology certificate created under Subdivision BAA of Division 4 of Part 2 (about home batteries).
25 Paragraph 40A(3)(a)
Omit “and BA”, substitute “, BA and BAA”.
26 Subparagraph 40A(3)(d)(i)
Omit “and BA”, substitute “, BA and BAA”.
27 Subparagraph 141AA(c)(ii)
After “small generation unit”, insert “, or that it was created in relation to a home battery,”.
28 After section 160B
Insert:
160C Review of operation of Subdivision BAA of Division 4 of Part 2
(1) The Minister must cause to be undertaken an independent review of the operation of the scheme constituted by this Act, to the extent the scheme relates to home batteries.
Note: Subdivision BAA of Division 4 of Part 2 provides for the creation of small scale technology certificates for the installation of home batteries.
(2) Without limiting the matters that the review may consider, the review must consider the following:
(a) to the extent the scheme relates to home batteries—the following:
(i) the effectiveness of the scheme in lowering the cost of home batteries;
(ii) the effectiveness of the scheme in accelerating the deployment of home batteries;
(iii) the impact of the scheme on electricity prices;
(iv) the distributional impacts of the scheme;
(v) whether the scheme (including the small‑scale technology shortfall charge) should be extended beyond 2030;
(b) other measures (whether or not relating to home batteries) that should be put in place beyond 2030 in order to continue to drive the deployment of technologies that lower household power bills.
Conduct of review
(3) The review must commence:
(a) no sooner than 4 years after the commencement of this section; and
(b) no later than 1 July 2028.
(4) The undertaking of the review must include public consultation.
Report
(5) The person or persons undertaking the review must give to the Minister a written report of the review within 6 months after commencing the review.
(6) The Minister must cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report
Definitions
(7) In this section:
independent review means a review undertaken by a person or persons who, in the Minister’s opinion, possess appropriate qualifications to undertake the review.