Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Renewable Energy (Electricity) Bill 2000

Part 5 Statements and assessments

Division 1 Statements

44   Annual energy acquisition statements

             (1)  A liable entity who acquired electricity under a relevant acquisition during a year must lodge an energy acquisition statement for the year on or before:

                     (a)  14 February in the following year; or

                     (b)  any later day allowed by the Regulator.

             (2)  The statement must set out:

                     (a)  the name and postal address of the liable entity; and

                     (b)  the amount of electricity acquired under relevant acquisitions during the year; and

                     (c)  the value, in MWh, of renewable energy certificates being surrendered for that year; and

                     (d)  any carried forward shortfall or carried forward surplus for the previous year; and

                     (e)  any carried forward surplus for the current year.

             (3)  The statement must:

                     (a)  be in a form approved by the Regulator; and

                     (b)  be lodged with the Regulator in accordance with the regulations; and

                     (c)  be signed by or on behalf of the liable entity making the statement.

             (4)  The annual energy acquisition statement must be accompanied by details of all renewable energy certificates being surrendered for that year. A certificate cannot be specified unless the liable person is recorded in the register of certificates as the owner of the certificates at the time that the statement is lodged.

45   Restrictions on certificates that can be surrendered

                   A certificate cannot be surrendered unless:

                     (a)  the certificate is valid; and

                     (b)  the certificate was created before the end of the year to which the energy acquisition statement relates; and

                     (c)  the liable person is recorded in the register of certificates as the owner of the certificate at the time that the statement is lodged.

46   Annual renewable energy shortfall statements

             (1)  A liable entity that has a renewable energy certificate shortfall for a year must lodge a renewable energy shortfall statement for the year on or before:

                     (a)  14 February in the following year; or

                     (b)  any later day allowed by the Regulator.

             (2)  The statement must set out:

                     (a)  the name and postal address of the liable entity; and

                     (b)  the liable entity’s renewable energy certificate shortfall for the year; and

                     (c)  any carried forward shortfall or carried forward surplus for the previous year; and

                     (d)  any carried forward shortfall for the year; and

                     (e)  the amount of the renewable energy certificate charge for the year.

             (3)  The statement must:

                     (a)  be in a form approved by the Regulator; and

                     (b)  be lodged with the Regulator in accordance with the regulations; and

                     (c)  be signed by or on behalf of the liable entity making the statement.



 

Division 2 Assessments

47   First renewable energy shortfall statement for year taken to be assessment

                   If:

                     (a)  a liable entity lodges a renewable energy shortfall statement for a year; and

                     (b)  a renewable energy shortfall statement has not previously been lodged, and an assessment has not previously been made, for the year in relation to the liable entity;

then:

                     (c)  the statement has effect as an assessment of the liable entity’s renewable energy certificate shortfall for the year and of the renewable energy certificate charge payable on the shortfall; and

                     (d)  the assessment is taken to have been made on 14 February in the following year or the day on which the statement was lodged, whichever is the later; and

                     (e)  the renewable energy certificate shortfall specified in the statement is to be taken to be the amount of renewable energy certificate charge payable by the liable entity for the year; and

                      (f)  the statement has effect as if it were a notice of assessment signed by the Regulator and given to the liable entity on the day on which the assessment is taken to have been made.

48   Default assessments

             (1)  If a liable entity has lodged an energy acquisition statement for a year but:

                     (a)  the liable entity has not lodged a renewable energy shortfall statement for the year; and

                     (b)  the Regulator is of the opinion that the liable entity is liable to pay renewable energy certificate charge for the year;

the Regulator may make an assessment of the liable entity’s renewable energy certificate shortfall for the year, taking into account any certificates surrendered, and of the renewable energy certificate charge payable on the shortfall.

             (2)  If:

                     (a)  a liable entity has not lodged a renewable energy shortfall statement for a year; and

                     (b)  the liable entity has also not lodged an energy acquisition statement for the year; and

                     (c)  the Regulator is of the opinion that the liable entity is liable to pay renewable energy certificate charge for the year;

the Regulator may make an assessment of the liable entity’s renewable energy certificate shortfall for the year, assuming that no certificates have been surrendered, and of the renewable energy certificate charge payable on the shortfall.

             (3)  For the purposes of making an assessment under subsection (1) or (2), the renewable energy certificate shortfall is taken to be the amount that, in the Regulator’s opinion, might reasonably be expected to be the shortfall.

             (4)  Renewable energy certificate charge in relation to an assessment for a year made under this section is taken to have become payable on 14 February in the following year.

             (5)  An assessment under this section may not be made until after 14 February in the following year.

49   Amendment of assessments

             (1)  The Regulator may, subject to this section, at any time amend any assessment by making any alterations or additions that the Regulator thinks necessary, whether or not renewable energy shortfall charge has been paid in relation to the assessment.

             (2)  Subject to this section, if there has been an avoidance of renewable energy shortfall charge, the Regulator may:

                     (a)  if the Regulator is of the opinion that the avoidance of the charge is due to fraud or evasion—at any time; or

                     (b)  in any other case—within 4 years from the day on which the assessment is made;

amend the assessment by making any alterations or additions that the Regulator thinks necessary to correct the assessment.

             (3)  An amendment effecting a reduction in a liable entity’s liability under an assessment is not effective unless it is made within 4 years from the day on which the assessment was made.

             (4)  If an assessment has, under this section, been amended in any particular, the Regulator may, within 4 years from the day on which renewable energy shortfall charge became payable under the amended assessment, make, in or in relation to the particular, any further amendment in the assessment that, in the Regulator’s opinion, is necessary to effect such reduction in the liable entity’s liability under the assessment as is just.

             (5)  If:

                     (a)  a liable entity applies for an amendment of the liable entity’s assessment within 4 years from the day that renewable energy shortfall charge became payable under the assessment; and

                     (b)  within that period, the liable entity lodges all information the Regulator needs to decide the application;

the Regulator may amend the assessment when considering the application, even if that period has elapsed.

             (6)  Nothing in this section prevents the amendment of an assessment to give effect to:

                     (a)  the decision on any review or appeal; or

                     (b)  its amendment by reduction of any particular following the liable entity’s objection or pending any review or appeal.

             (7)  Renewable energy shortfall charge under an amended assessment is taken to have become payable:

                     (a)  if the amendment is wholly or partly as a result of an error by the Regulator—on the day on which the amended assessment is made; or

                     (b)  in any other case—on the day on which charge under the original assessment became payable.

50   Refund of overpaid amounts

             (1)  If, because an assessment is amended, a person’s liability to renewable energy shortfall charge is reduced:

                     (a)  the amount by which the charge is reduced is taken, for the purposes of section 70, never to have been payable; and

                     (b)  the Regulator must:

                              (i)  refund any overpaid amount; or

                             (ii)  apply any overpaid amount against the person’s liability (if any) to the Commonwealth and refund any part of the amount that is not so applied.

             (2)  In subsection (1):

overpaid amount includes any overpaid amount of additional renewable energy shortfall charge under section 70 or Part 9.

51   Amended assessment to be an assessment

                   Except as otherwise expressly provided by this Act, an amended assessment is taken to be an assessment for all the purposes of this Act.

52   Notice of assessment

                   As soon as practicable after an assessment is made under section 48 or is amended under section 49, the Regulator must give written notice of the assessment or amendment (as the case may be) to the person liable to pay the renewable energy shortfall charge.

53   Validity of assessment

                   The validity of an assessment is not affected because any provision of this Act has not been complied with.