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Renewable Energy (Electricity) Bill 2000

Part 9 Penalty charge

   

99   Failure to provide statements or information

             (1)  A liable entity, other than a government body, is liable to pay, by way of penalty, additional renewable energy shortfall charge if the liable entity refuses or fails to provide, when and as required under this Act:

                     (a)  an energy acquisition statement; or

                     (b)  a renewable energy shortfall statement; or

                     (c)  information relevant to assessing the liable entity’s liability to pay renewable energy shortfall charge for a year.

             (2)  A liable entity is liable to pay, by way of penalty, additional renewable energy shortfall charge if:

                     (a)  the liable entity is liable to pay renewable energy shortfall charge in relation to a year; and

                     (b)  the liable entity fails to keep a record in relation to the year containing details of the basis of calculation of the following amounts that were specified in the liable entity’s energy acquisition statement for the year:

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

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

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

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

             (3)  A liable entity is liable to pay, by way of penalty, additional renewable energy shortfall charge if:

                     (a)  the liable entity is liable to pay renewable energy shortfall charge in relation to a year; and

                     (b)  the liable entity refuses or fails to produce to the Regulator, when and as required by the Regulator under this Act, a document containing details of the basis of calculation of the amounts referred to in paragraph (2)(a) that were specified in an energy acquisition statement.

             (4)  The additional renewable energy shortfall charge payable under subsection (1), (2) or (3) is equal to double the amount of renewable energy shortfall charge payable by the liable entity for the year.

100   False or misleading statements

             (1)  If:

                     (a)  a liable entity other than a government body:

                              (i)  makes a statement that is false or misleading in a material particular to a person for a purpose connected with this Act; or

                             (ii)  omits from a statement made to a person for a purpose connected with this Act anything without which the statement is misleading in a material particular; and

                     (b)  the renewable energy shortfall charge properly payable by the liable entity exceeds the renewable energy shortfall charge that would have been payable by the liable entity if it were assessed on the basis that the statement were not false or misleading;

the liable entity is liable to pay, by way of penalty, additional renewable energy shortfall charge equal to double the amount of the excess referred to in paragraph (b).

             (2)  A reference in this section to a statement made to a person for a purpose connected with this Act is a reference to a statement made orally, in writing, in a data processing device or in any other form and, for example, includes a statement:

                     (a)  made in an objection, statement or other document lodged with, given to or prepared for the person; and

                     (b)  made in answer to a question asked by the person; and

                     (c)  made in any information provided to the person.

101   Penalty renewable energy shortfall charge where arrangement to avoid renewable energy shortfall charge

                   If, under section 41, a liable entity is liable to pay an amount of renewable energy shortfall charge (the amount payable ) that is greater than the amount that would have been payable if section 41 had not applied to the liable entity (the notional amount ), the liable entity is also liable to pay, by way of penalty, additional renewable energy shortfall charge worked out using the formula:

102   Assessment of additional renewable energy shortfall charge

             (1)  The Regulator must make an assessment of the additional renewable energy shortfall charge payable by a liable entity under this Part and must, as soon as practicable after the assessment is made, give written notice of the assessment to the liable entity.

             (2)  Nothing in this Act is taken to prevent a notice from being incorporated in a notice of any other assessment made in relation to the liable entity under this Act.

103   Remitting additional renewable energy shortfall charge

                   The Regulator may remit all or part of the additional renewable energy shortfall charge payable by a liable entity under this Part, but, for the purposes of applying subsection 33(1) of the Acts Interpretation Act 1901 to the power of remission conferred by this section, nothing in this Act is taken to prevent the exercise of the power at a time before an assessment is made of the additional renewable energy shortfall charge.