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Energy Efficiency Opportunities Amendment Bill 2007

Schedule 1 Amendments

   

Energy Efficiency Opportunities Act 2006

1  Subsection 9(1)

Repeal the subsection (not including the notes), substitute:

             (1)  If the following are satisfied in relation to a financial year (the trigger year ):

                     (a)  a controlling corporation’s group meets the energy use threshold for that year under section 10;

                     (b)  the controlling corporation is not registered under Part 4 on 30 June of that year;

the controlling corporation must, in accordance with this section, apply in the next financial year to be registered under Part 4.

2  Subsection 9(4)

Repeal the subsection, substitute:

             (4)  The application must be made during the period:

                     (a)  beginning on 1 July in the financial year after the trigger year; and

                     (b)  ending on 31 March in the financial year after the trigger year.

3  Subsection 15(1)

Omit “subsections 18(1), (2) and (3)”, substitute “section 18”.

4  Subsections 15(2) and (3)

Repeal the subsections, substitute:

             (2)  An assessment plan must be given to the Secretary at a time during each of the following periods:

                     (a)  the period of 18 months beginning on 1 July in the financial year in which the corporation was most recently required to make an application under section 9 to be registered under Part 4;

                     (b)  the period of 18 months beginning on every fifth anniversary of that 1 July.

Example:    A registered corporation’s trigger year under section 9 is the financial year 2005-2006. In the financial year 2006-2007 the corporation is required to apply under that section to be registered under Part 4.

                   The corporation’s first assessment plan must be given during the period of 18 months beginning on 1 July 2006 and ending on 31 December 2007.

                   The corporation’s later assessment plans must be given during the period of 18 months beginning on 1 July 2011 and ending on 31 December 2012, and so on.

5  Subsections 18(1) and (2)

Repeal the subsections, substitute:

             (1)  An assessment plan must set out a proposal for assessing the opportunities for improving the energy efficiency of the controlling corporation’s group for the period mentioned in this table:

 

Assessment plans

Item

For this assessment plan:

the period is:

1

First assessment plan given after the corporation’s most recent application for registration under Part 4

the period of 5 years beginning on 1 July in the financial year in which the corporation was required to make that application.

2

If the corporation is registered because of that application—each later assessment plan given during the period of that registration

the period of 5 years beginning on the day after the end of the period covered by the last assessment plan.

Example:    A controlling corporation’s trigger year under section 9 is the financial year 2005-2006. In the financial year 2006-2007 the corporation is required to apply under that section to be registered under Part 4.

                   The corporation’s first assessment plan must cover the period of 5 years beginning on 1 July 2006 and ending on 30 June 2011.

                   The corporation’s later assessment plans must cover the period of 5 years beginning on 1 July 2011 and ending on 30 June 2016, and so on.

6  Section 39

After “SES employee”, insert “, or an acting SES employee,”.

7  Validation of regulations

Regulations made under the Energy Efficiency Opportunities Act 2006 before the commencement of this item are as valid as they would have been if they had been made under that Act as amended by this Act.

8  Validation of assessment plans

An assessment plan given under Part 5 of the Energy Efficiency Opportunities Act 2006 before the commencement of this item is taken to have been given under that Part as amended by this Act.