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Renewable Energy (Electricity) Bill 2000

Part 1 Preliminary

   

1   Short title

                   This Act may be cited as the Renewable Energy (Electricity) Act 2000.

2   Commencement

                   This Act commences 28 days after the day on which it receives the Royal Assent.

3   Object/outline

The object of this Act is to encourage the additional generation of electricity from renewable sources.

This is done through the issuing of certificates for the generation of qualifying electricity and requiring certain purchasers (called liable entities ) to surrender a specified number of certificates for the electricity that they acquire during a year.

Where a liable entity does not have enough certificates to surrender, the liable entity will have to pay renewable energy certificate charge.

4   Years to which this Act applies

                   This Act applies to the year commencing on 1 January 2001 and to all subsequent years. However, no certificates can be created, and no liability arises, in respect of electricity generated on or after 1 January 2021.

5   Definitions

             (1)  In this Act, unless the contrary intention appears:

1997 eligible renewable power baseline has the meaning given by section 14.

Agriculture Department means the Department responsible for administering the Primary Industries Levies and Charges Collection Act 1991 .

arrangement means:

                     (a)  any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; and

                     (b)  any scheme, plan, proposal, action, course of action or course of conduct.

Australia , when used in a geographical sense, includes all the external Territories.

Australian Greenhouse Office , if that Office does not exist, means the Department responsible for administering the Environment Protection and Biodiversity Conservation Act 1999 .

authorised Commonwealth contractor means a person who:

                     (a)  provides, or proposes to provide, services to the Commonwealth under a contract; and

                     (b)  is authorised, in writing, by the Regulator for the purposes of this definition.

carried forward shortfall has the meaning given by subsection 36(2).

carried forward surplus has the meaning given by section 38.

certificate means a renewable energy certificate created under Division 4 of Part 2.

document includes a document in electronic form.

electricity generation return has the meaning given by section 20.

energy acquisition statement has the meaning given by section 44.

general interest charge rate , for a day, is the rate that is the general interest charge rate for that day for the purposes of the Taxation Administration Act 1953 .

government body means the Commonwealth, a State, a Territory or an authority of the Commonwealth or of a State or Territory.

GWh means gigawatt hour.

Head of the Australian Greenhouse Office , if that Office does not exist, means the Secretary of the Department responsible for administering the Environment Protection and Biodiversity Conservation Act 1999 .

identification code has the meaning given by section 16.

liable entity has the meaning given by section 35.

Minister for Finance means the Minister administering the Financial Management and Accountability Act 1997 .

monitoring warrant has the meaning given by section 125.

MW means megawatt.

MWh means megawatt hour.

National Electricity Code means the code of conduct called the National Electricity Code referred to in Schedule 1 to the National Electricity (South Australia) Act 1996 of South Australia.

NEMMCO has the same meaning as in the National Electricity Code.

objection decision has the meaning given by section 58.

Office of the Renewable Energy Regulator has the meaning given by section 149.

outstanding renewable energy shortfall charge related liability of a person at a particular time means a renewable energy shortfall charge related liability of the person:

                     (a)  that has arisen at or before that time (whether or not it is due and payable at that time); and

                     (b)  an amount of which has not been paid before that time.

produce includes permit access to.

protected document means a document that:

                     (a)  contains information about a person; and

                     (b)  is obtained or made by a person to whom Part 12 applies in the course of, or because of, the person’s duties under or in relation to this Act.

protected information means information that:

                     (a)  concerns a person; and

                     (b)  is disclosed to, or obtained by, a person to whom Part 12 applies in the course of, or because of, the person’s duties under or in relation to this Act.

register of accredited power stations has the meaning given by section 138.

register of registered persons has the meaning given by section 136.

register of renewable energy certificates has the meaning given by section 140.

registration number has the meaning given by section 12.

Regulator means the Renewable Energy Regulator (see section 142).

relevant acquisition has the meaning given by section 31.

renewable energy certificate means a certificate created under Division 4 of Part 2.

renewable energy certificate charge means the charge payable under section 36.

renewable energy certificate shortfall has the meaning given by section 38.

renewable energy shortfall charge related liability means a pecuniary liability to the Commonwealth (including a liability the amount of which is not yet due and payable) being:

                     (a)  renewable energy shortfall charge; or

                     (b)  additional renewable energy shortfall charge under section 70 or Part 7.

renewable energy shortfall statement has the meaning given by section 46.

renewable power percentage means the percentage prescribed under section 39.

required GWh of renewable source electricity has the meaning given by section 40.

senior employee , in relation to an authorised Commonwealth contractor, means an employee of the contractor, where the skills and responsibilities that are expected of the employee are equivalent to, or exceed, the skills and responsibilities expected of at least one of the senior officers of the Regulator.

senior officer , in relation to the Office of the Renewable Energy Regulator, means:

                     (a)  an SES employee or acting SES employee in the Office of the Renewable Energy Regulator; or

                     (b)  a person who holds or performs the duties of an Executive Officer (Level 2) office or position in the Office of the Renewable Energy Regulator.

solar water heater means a device that heats water using solar energy that satisfies any conditions set out in the regulations.

warrant premises , in relation to a monitoring warrant, means the premises to which the warrant relates.

             (2)  For the purposes of this Act, electricity is taken to be a good that can be acquired.

6   Act binds Crown

             (1)  This Act binds the Crown in each of its capacities.

             (2)  Nothing in this Act permits the Crown to be prosecuted for an offence.

7   Application to the external Territories

                   This Act extends to every external Territory.