Renewable Energy (Electricity) Amendment (Transitional Provision) Regulations 20101

Select Legislative Instrument 2010 No. 205

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Renewable Energy (Electricity) Amendment Act 2010.

Dated 8 July 2010

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

GREG COMBET

Minister for Defence Materiel and Science for the Minister for Climate Change, Energy Efficiency and Water

1 Name of Regulations

  These Regulations are the Renewable Energy (Electricity) Amendment (Transitional Provision) Regulations 2010.

2 Commencement

  These Regulations are taken to have commenced on 29 June 2010.

3 Transitional

 (1) The amendment made to section 21 of the Act by item 116A of Schedule 1 to the Renewable Energy (Electricity) Amendment Act 2010 does not apply to a solar water heater:

 (a) installed before 29 June 2010; or

 (b) installed before 1 January 2011 if:

 (i) before 24 June 2010, the acquirer of the solar water heater entered into a contract for the acquisition or installation of the solar water heater; and

 (ii) written evidence of the contract is given to the Regulator; and

 (iii) either:

 (A) before 24 June 2010, the acquirer paid some or all of the amount payable by the acquirer under the contract (whether or not any of the amount so paid is later refunded or credited to the acquirer) and a record from a bank or other financial institution, that provides evidence that the payment was made before 24 June 2010, is given to the Regulator; or

 (B) the acquirer and any other party to the contract verify, by statutory declaration, that the date of the contract was before 24 June 2010, and a copy of the declarations is given to the Regulator.

 (2) In this regulation:

acquirer, for a solar water heater, means the person, or an agent of the person, who, immediately after the installation of the unit:

 (a) is entitled to create certificates under the Act for the solar water heater; or

 (b) would, but for an assignment under subsection 23C (2) of the Act, be entitled to create certificates under the Act for the solar water heater.

Act means the Renewable Energy (Electricity) Act 2000.

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.