Australian Government

Federal Register of Legislation

Renewable Energy (Electricity) Act 2000

In force

Administered by

Department of Climate Change, Energy, the Environment and Water

Latest version

C2024C00104 (C30)

20 March 2024

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
- 9 Who can register
- 10 Applying for registration
- 11 Regulator to refuse or approve application
- 12 Regulator to allocate registration numbers
- Division 2A—Provisional accreditation of power stations
- 12A Application for provisional accreditation of a power station
- 12B Regulator may give provisional accreditation
- 12C Time limit for deciding applications
- Division 3—Accreditation of eligible power stations
- 13 Application for accreditation
- 14 Regulator to determine certain matters
- 15 Regulator to approve or refuse application
- 15A Time limit for deciding applications
- 15B Nominated person for power station
- 16 Regulator to allocate identification codes
- 17 What is an eligible renewable energy source?
- 17A What is eligible WCMG?
- Division 4—Creation of renewable energy certificates
- Subdivision AA—Preliminary
  - 17B Overview of Division
- Subdivision A—Large scale generation certificates for accredited power stations
- 17C Large scale generation certificates
- 18 Creating certificates for additional renewable electricity
- 19 When certificates may be created
- 20 Electricity generation return
- 20A Amending electricity generation returns
- Subdivision B—Small scale technology certificates for solar water heaters
- 20B Small scale technology certificates
- 21 When a certificate may be created
- 22 How many certificates may be created
- 23 Who may create a certificate
- 23AA Register of solar water heaters
- Subdivision BA—Small scale technology certificates for small generation units
- 23AB Small scale technology certificates
- 23A When a certificate may be created
- 23AAA Regulations to establish scheme for inspection of new installations of small generation units
- 23B How many certificates may be created
- 23C Who may create a certificate
- 23D No other certificates to be created
- 23E Election to not create certificates under this Subdivision
- Subdivision BB—Solar water heater and small generation unit return
- 23F Solar water heater and small generation unit return
- Subdivision C—Improper creation of certificates
- 24 Improper creation of certificates—offences
- 24A Improper creation of certificates—civil penalty
- 24B False etc. information resulting in improper creation of certificates under Subdivision B or BA—civil penalty
- Division 5—Form and registration of certificates
- 25 Form and content of large scale generation certificates
- 25A Form and content of small scale technology certificates
- 26 Certificates must be registered
- 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