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Energy Efficiency Opportunities Bill 2006

Part 1 Preliminary


1   Short title

                   This Act may be cited as the Energy Efficiency Opportunities Act 2006 .

2   Commencement

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

3   Object

             (1)  The object of this Act is to improve the identification and evaluation of energy efficiency opportunities by large energy using businesses and, as a result, to encourage implementation of cost effective energy efficiency opportunities.

             (2)  In order to achieve its object, this Act requires large energy using businesses:

                     (a)  to undertake an assessment of their energy efficiency opportunities to a minimum standard in order to improve the way in which those opportunities are identified and evaluated; and

                     (b)  to report publicly on the outcomes of that assessment in order to demonstrate to the community that those businesses are effectively managing their energy.

4   Definitions

             (1)  In this Act:

approved assessment plan means an assessment plan that has been approved under section 16 or subsection 17(4).

Australia does not include any external Territory. However, it includes an installation (within the meaning of the Customs Act 1901 ) that is deemed by section 5C of that Act to be part of Australia.

civil penalty provision has the meaning given by clause 1 of Schedule 1.

constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.

controlling corporation has the meaning given by section 7.

Court means the Federal Court of Australia.

energy use threshold has the meaning given by section 10.

group has the meaning given by subsection 8(1).

holding company has the meaning given by section 6.

joint venture means an enterprise carried on by 2 or more entities in common otherwise than in partnership.

member has the meaning given by subsection 8(2).

monitoring warrant means a warrant issued under section 38.

penalty unit has the meaning given by section 4AA of the Crimes Act 1914 .

registered corporation means a controlling corporation that is registered under Part 4.

Secretary means the Secretary of the Department.

subsidiary has the meaning given by section 46 of the Corporations Act 2001 .

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

             (2)  In this Act:

                     (a)  a reference to energy use is taken to be a reference to energy use in Australia; and

                     (b)  a reference to energy efficiency is taken to be a reference to energy efficiency in Australia.

5   Schedule 1 (consequences of contravening civil penalty provisions)

                   Schedule 1 has effect.