Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Energy Efficiency Opportunities Bill 2006

Part 5 Assessment plan

   

15   Registered corporation must submit assessment plan every 5 years

             (1)  A registered corporation must give the Secretary an assessment plan meeting the requirements in subsections 18(1), (2) and (3).

Note:          Section 70 of the Crimes Act 1914 creates an offence where Commonwealth officers (including persons performing services for or on behalf of the Commonwealth) disclose information in breach of a duty of confidentiality.

             (2)  An assessment plan must be given to the Secretary at a time during each period that:

                     (a)  begins 6 months before a day covered by subsection (3); and

                     (b)  ends on that day.

             (3)  The following days are covered by this subsection:

                     (a)  31 December in the financial year following the financial year in which the corporation was first required to apply under sections 9 and 11 to be registered under Part 4; and

                     (b)  every fifth anniversary of the day mentioned in paragraph (a).

             (4)  To avoid doubt, a controlling corporation that has applied to be registered under Part 4, but is not yet registered, may give the Secretary an assessment plan for the purposes of complying with subsection (1).

             (5)  A registered corporation contravenes this subsection if it fails to comply with subsections (1) and (2).

Note:          Clause 3 of Schedule 1 provides for a civil penalty for failing to comply with this subsection.

16   Approval of assessment plan

             (1)  This section applies if the Secretary has been given an assessment plan under section 15.

             (2)  If the Secretary is satisfied that the assessment plan substantially meets the requirements in section 18, the Secretary must:

                     (a)  approve the assessment plan; and

                     (b)  give the controlling corporation written notice of the approval.

             (3)  If the Secretary has not refused to approve the assessment plan within 6 months after receiving it, he or she:

                     (a)  is taken to be satisfied that it substantially meets the requirements in section 18; and

                     (b)  must deal with it under subsection (2) accordingly.

17   Refusal to approve assessment plan

             (1)  This section applies if:

                     (a)  the Secretary has been given an assessment plan under section 15; and

                     (b)  he or she is not satisfied that the assessment plan substantially meets the requirements in section 18.

             (2)  The Secretary must:

                     (a)  refuse to approve the assessment plan; and

                     (b)  give the controlling corporation written notice of the refusal.

             (3)  The Secretary must also:

                     (a)  prepare a revised assessment plan for the controlling corporation that substantially meets the requirements in section 18, to the satisfaction of the Secretary; and

                     (b)  give the controlling corporation a notice:

                              (i)  setting out the revised assessment plan; and

                             (ii)  inviting the controlling corporation to comment on the revised assessment plan within a specified period.

             (4)  At the end of the period specified in the invitation, the Secretary may:

                     (a)  approve the revised assessment plan; and

                     (b)  give the controlling corporation written notice of the approval.

             (5)  In making a decision under subsection (4), the Secretary must consider any written comments received from the controlling corporation within the period specified in the invitation.

             (6)  If the Secretary does not approve the revised assessment plan under subsection (4), this section applies in relation to that plan as if:

                     (a)  it were an assessment plan that the Secretary had been given under section 15; and

                     (b)  the Secretary were not satisfied that it substantially met the requirements in section 18.

Note:          This means that the Secretary must prepare a new revised assessment plan, and send it to the controlling corporation for comment.

18   Requirements for an assessment plan

             (1)  An assessment plan must set out a proposal for assessing the opportunities for improving the energy efficiency of the controlling corporation’s group for the period mentioned in subsection (2).

             (2)  The period is the period of 5 years ending on the latest day on which the controlling corporation is next required under section 15 to give the Secretary an assessment plan.

             (3)  The assessment plan must be in the form (if any) specified in the regulations.

             (4)  The proposal must set out particular actions that need to be done to assess those opportunities.

             (5)  Those actions must be specified for the group:

                     (a)  as a whole; or

                     (b)  in terms of particular parts of the group.

             (6)  The proposal must set out a deadline or deadlines for doing all of those actions.

             (7)  The assessment plan must set out the manner in which the controlling corporation intends to comply with subsection 22(1).

          (7A)  Without limiting the scope of subsection (7), the assessment plan must set out:

                     (a)  whether the controlling corporation intends to rely on section 22A in order to comply with its obligations under subsection 22(1); and

                     (b)  if the controlling corporation intends to rely on section 22A in that way—the other members of the group that are intended to prepare a report in accordance with section 22A; and

                     (c)  whether the controlling corporation intends to rely on section 22B in order to comply with its obligations under subsection 22(1); and

                     (d)  if the controlling corporation intends to rely on section 22B in that way—the corporation that is intended to prepare a report in accordance with section 22B.

             (8)  The regulations may:

                     (a)  set out requirements for a proposal in relation to the following:

                              (i)  the types of actions mentioned in subsection (4);

                             (ii)  the deadlines for doing those actions;

                            (iii)  matters that must be set out for the purposes of subsections (7) and (7A); and

                     (b)  require particular information to be set out in the assessment plan.

             (9)  Regulations made for the purposes of paragraph (8)(b) may only require information that:

                     (a)  is reasonably necessary to assess the extent to which this Act achieves its objects; or

                     (b)  is reasonably necessary for the administration of this Act.

19   Registered corporation may seek variation to approved assessment plan

             (1)  A registered corporation with an approved assessment plan may give the Secretary a proposed variation to the plan.

Note:          Section 70 of the Crimes Act 1914 creates an offence where Commonwealth officers (including persons performing services for or on behalf of the Commonwealth) disclose information in breach of a duty of confidentiality.

             (2)  Section 16 and subsections 17(1) and (2) apply to the variation as if it (together with the approved assessment plan) were an assessment plan given to the Secretary.