Federal Register of Legislation - Australian Government

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SLI 2013 No. 18 Regulations as made
This regulation amends the Renewable Energy (Electricity) Regulations 2001 to streamline the audit process for EITE entities applying for PECs under the RET scheme.
Administered by: Climate Change and Energy Efficiency
Made 01 Mar 2013
Registered 04 Mar 2013
Tabled HR 12 Mar 2013
Tabled Senate 12 Mar 2013
Date of repeal 06 Mar 2013
Repealed by Division 1 of Part 5A of the Legislative Instruments Act 2003
Table of contents.

Commonwealth Coat of Arms

 

 

Renewable Energy (Electricity) Amendment Regulation 2013 (No. 1)

 

Select Legislative Instrument No. 18, 2013

I, Quentin Bryce, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Renewable Energy (Electricity) Act 2000.

Dated 1 March 2013

Quentin Bryce

Governor‑General

By Her Excellency’s Command

Greg Combet

Minister for Climate Change and Energy Efficiency

 

  

  


Contents

1............ Name of regulation.............................................................................. 1

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

3............ Authority............................................................................................. 1

4............ Schedule(s)......................................................................................... 1

Schedule 1—Amendments                                                                                                2

Renewable Energy (Electricity) Regulations 2001                                               2

 


1  Name of regulation

                   This regulation is the Renewable Energy (Electricity) Amendment Regulation 2013 (No. 1).

2  Commencement

                   This regulation commences on the day after it is registered.

3  Authority

                   This regulation is made under the Renewable Energy (Electricity) Act 2000.

4  Schedule(s)

                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Amendments

  

Renewable Energy (Electricity) Regulations 2001

1  Subregulation 22U(2)

Repeal the subregulation, substitute:

             (2)  Information that is required to be included in an application must be verified by a statutory declaration:

                     (a)  that is verified for the applicant by one of the following:

                              (i)  a director of the applicant;

                             (ii)  the applicant’s chief executive officer;

                            (iii)  the applicant’s chief financial officer;

                            (iv)  the applicant’s company secretary; and

                     (b)  states that, based on all reasonable steps having been taken to verify the information in the application, the application is accurate and complete as far as the person verifying knows.

2  At the end of regulation 22UA

Add:

             (4)  However, this subdivision does not apply to an application if all of the following apply:

                     (a)  the Regulator has already been given an audit report (the clean energy audit report) under paragraph 603(1)(b) of the Clean Energy Regulations 2011;

                     (b)  the clean energy audit report accompanied an application for free carbon units (the clean energy application) under clause 701 of the Clean Energy Regulations 2011;

                     (c)  the clean energy application is made in the financial year ending on the 30 June of the calendar year in which the application is made;

                     (d)  all the facilities used for the production of the amount or volume of relevant product in the application were included in the clean energy application;

                     (e)  the amount or volume of relevant product produced at the facilities included in the application, is the same amount or volume of relevant product produced at those facilities that was included in the clean energy application.

             (5)  Despite subregulation (4), an applicant may choose to submit with an application an audit report that complies with this subdivision.

3  Subregulation 22UB(3)

Repeal the subregulation, substitute:

             (3)  The audit report must set out, under a separate heading from any limited assurance conclusion provided, the auditor’s reasonable assurance conclusion as to whether:

                     (a)  the activities set out in the application that are claimed to be an emissions‑intensive trade‑exposed activity comply, in all material respects, with each of the requirements in the description of the activity set out in Schedule 6; and

                     (b)  the application presents fairly, in all material respects, the amount or volume of the relevant product produced in each previous financial year that is relevant to the application in accordance with:

                              (i)  the requirements for that amount or volume set out in Schedule 6; and

                             (ii)  the measurement policies adopted and disclosed by the applicant in the application.

Note:          Limited assurance conclusion and reasonable assurance conclusion are defined in regulation 22UD.

          (3A)  For an application to which subregulation 22ZD(3) or (4) applies, the audit report must set out, under a separate heading from any reasonable assurance conclusion provided, the auditor’s limited assurance conclusion as to whether, based on the audit procedures performed, anything causes the auditor to believe that:

                     (a)  the applicant’s assumptions do not provide a reasonable basis for the preparation of the expected production amount or volume of the relevant product; and

                     (b)  the expected production is not properly prepared, in all material respects, on the basis of the assumptions described in the application; and

                     (c)  the expected production is not presented fairly, in all material respects, in accordance with the measurement policies adopted and disclosed by the applicant in the application.

Note:          Limited assurance conclusion and reasonable assurance conclusion are defined in regulation 22UD.

4  Subregulation 22UB(5)

Omit “reasonable”.

5  After regulation 22UC

Insert:

22UD  Definitions

                   For this subdivision, the following terms have the meaning given by the subsection of the National Greenhouse and Energy Reporting (Audit) Determination 2009 that is mentioned for the term:

limited assurance conclusion: subsection 3.18(2);

reasonable assurance conclusion: subsection 3.17(2).