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Renewable Energy (Electricity) Bill 2000

Part  16 Miscellaneous

   

155   Contracting outsiders

                   The Regulator, on behalf of the Commonwealth, may engage any person under contract to assist in the performance of any function of the Regulator.

156   Delegation

Delegation to senior officers of the Office of the Renewable Energy Regulator

             (1)  The Regulator may, by writing, delegate to one or more senior officers of the Office of the Renewable Energy Regulator any or all of the Regulator’s functions or powers under this Act.

Delegation to senior employees of an authorised Commonwealth contractor

             (2)  The Regulator may, by writing, delegate to one or more senior employees of an authorised Commonwealth contractor any or all of the Regulator’s functions or powers under this Act, other than the function referred to in:

                     (a)  sections 30, 41, 48, 49, 105, 107 and 108; and

                     (b)  Parts 6, 7, 8, 9A, 10 and 12.

Delegate subject to direction of Regulator

             (3)  A delegate is, in the performance of a function delegated under subsection (1) or (2), or in the exercise of a power delegated under subsection (1) or (2), subject to the directions of the Regulator.

Section 70 of the Crimes Act 1914

             (4)  For the purposes of the application of the definition of Commonwealth officer in subsection 3(1) of the Crimes Act 1914 to section 70 of that Act, a person who performs functions, or exercises powers, under a delegation under this section is taken to be a person who performs services for the Commonwealth.

157   Appropriation

                   Payments under this Act are to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.

158   Judicial notice of signature

                   All courts and tribunals, and all judges and persons acting judicially or authorised by law or consent of parties to hear, receive and examine evidence, are to take judicial notice of the signature of a person who holds or has held the office of Regulator.

159   Evidence

             (1)  The mere production of:

                     (a)  a notice of assessment; or

                     (b)  a document signed by the Regulator purporting to be a copy of a notice of assessment;

is conclusive evidence of the due making of the assessment and, except in proceedings under Division 1 of Part 6 on a review or appeal relating to the assessment, that the amounts and all of the particulars of the assessment are correct.

             (2)  A document signed by the Regulator purporting to be a copy of a document issued or given by the Regulator is prima facie evidence that the second-mentioned document was so issued or given.

             (3)  A document signed by the Regulator purporting to be a copy of, or an extract from, a renewable energy shortfall statement or a notice of assessment is evidence of the matter set out in the document to the same extent as the original statement or notice, as the case may be, would be if it were produced.

             (4)  A certificate signed by the Regulator certifying that a sum specified in the certificate was, on the day of the certificate, payable by a person in relation to an amount of a renewable energy shortfall charge related liability, is prima facie evidence of the matters stated in the certificate.

             (5)  An energy acquisition statement or a renewable energy shortfall statement purporting to be made or signed by or on behalf of a liable entity is evidence that the statement was made by the liable entity or with the liable entity’s authority.

160   Records to be kept and preserved by registered persons and liable entities

             (1)  A person that is a registered person or a liable entity must keep records that record and explain all transactions and other acts engaged in by the employer, or required to be engaged in by the registered person or liable entity, under this Act.

             (2)  The records kept by a registered person must include any documents relevant to ascertaining:

                     (a)  the amount of electricity generated by the registered person during a year; and

                     (b)  the amount of that electricity that was generated from eligible renewable energy sources; and

                     (c)  details of all certificates issued by the registered person during the year; and

                     (d)  any other prescribed matter.

             (3)  The records kept by a liable entity must include any documents relevant to ascertaining:

                     (a)  the amount of electricity acquired by the liable entity under relevant acquisitions during a year; and

                     (b)  any other prescribed matter.

             (4)  The records must be kept:

                     (a)  in writing in the English language or so as to enable the records to be readily accessible and convertible into writing in the English language; and

                     (b)  so that the liable entity’s liability under this Act can be readily ascertained.

             (5)  A registered person, or a liable entity, who has possession of any records kept or obtained under or for the purposes of this Act must retain them until the end of 5 years after those records were prepared or obtained, or the completion of the transactions or acts to which those records relate, whichever is later.

             (6)  Nothing in this section requires a registered person or liable entity to retain records if:

                     (a)  the Regulator has notified the registered person or liable entity that the retention of the records is not required; or

                     (b)  the registered person or liable entity is a company that has gone into liquidation and been finally dissolved.

             (7)  A registered person or liable entity who contravenes this section is guilty of an offence punishable on conviction by a fine not exceeding 30 penalty units.

161   Regulations

                   The Governor-General may make regulations prescribing all matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act;

and, in particular, may make regulations prescribing penalties not exceeding a fine of 50 penalty units for offences against the regulations.