Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Renewable Energy (Electricity) Amendment Bill 2002

2002

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

 

 

Renewable Energy (Electricity) Amendment Bill 2002

 

No.      , 2002

 

(Environment and Heritage)

 

 

 

A Bill for an Act to amend the Renewable Energy (Electricity) Act 2000 , and for other purposes

   

   



Contents

1............ Short title............................................................................................ 1

2............ Commencement.................................................................................. 1

3............ Schedule(s).......................................................................................... 2

Schedule 1—Amendments                                                                                                  3

Part 1—Amendments                                                                                                       3

Administrative Decisions (Judicial Review) Act 1977                                          3

Renewable Energy (Electricity) Act 2000                                                               3

Part 2—Application and transitional provisions                                                    35

 



A Bill for an Act to amend the Renewable Energy (Electricity) Act 2000 , and for other purposes

The Parliament of Australia enacts:

1   Short title

                   This Act may be cited as the Renewable Energy (Electricity) Amendment Act 2002 .

2   Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent

 

2.  Schedule 1

A single day to be fixed by Proclamation, subject to subsection (3)

 

Note:          This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

             (2)  Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.

             (3)  If a provision covered by item 2 of the table does not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.

3   Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.



 

Schedule 1 Amendments

Part 1 Amendments

Administrative Decisions (Judicial Review) Act 1977

1  After paragraph (ga) of Schedule 1

Insert:

                    (gb)  decisions making, or forming part of the process of making, or leading up to the making of, assessments under Division 2 of Part 5 of the Renewable Energy (Electricity) Act 2000 or decisions disallowing objections to such assessments or decisions amending or refusing to amend such assessments;

Renewable Energy (Electricity) Act 2000

2  Section 3

Omit “qualifying electricity”, substitute “electricity using eligible renewable energy sources”.

3  Subsection 5(1)

Insert:

electronic signature of a person means the person’s unique identification in an electronic form that is approved by the Regulator.

4  Subsection 5(1)

Insert:

eligible renewable energy source has the meaning given by section 17.

5  Subsection 5(1) (definition of identification code )

Repeal the definition.

6  Subsection 5(1)

Insert:

interest charge means the charge payable under section 70.

7  Subsection 5(1) (definition of monitoring warrant )

Repeal the definition, substitute:

monitoring warrant means a warrant issued under section 125.

8  Subsection 5(1)

Insert:

nominated person , for an accredited power station, means:

                     (a)  if no approvals have been given under section 30B in relation to the power station—the person who made the application for accreditation; or

                     (b)  if one or more approvals have been given under that section in relation to the power station—the last person so approved.

9  Subsection 5(1)

Insert:

occupier , in relation to premises, includes a person present at the premises who is in apparent control of the premises.

10  Subsection 5(1)

Insert:

penalty charge means the charge payable under Part 9.

11  Subsection 5(1)

Insert:

premises includes the following:

                     (a)  a structure, building or vehicle;

                     (b)  a place (whether enclosed or built on or not);

                     (c)  a part of a thing referred to in paragraph (a) or (b).

12  Subsection 5(1)

Insert:

registered person means a person registered under Division 2 of Part 2.

13  Subsection 5(1)

Insert:

register of applications for accredited power stations has the meaning given by section 141A.

14  Subsection 5(1) (paragraph (b) of the definition of renewable energy shortfall charge related liability )

Repeal the paragraph, substitute:

                     (b)  interest charge; or

                     (c)  penalty charge.

15  Subsection 5(1) (definition of senior employee )

Omit “Regulator”, substitute “Office of the Renewable Energy Regulator”.

16  Subsection 5(1)

Insert:

stakeholder , in relation to an accredited power station, means:

                     (a)  a person who operates the power station (whether alone or together with one or more other persons); or

                     (b)  a person who owns all, or a part, of the power station (whether alone or together with one or more other persons).

17  Section 8

Omit “renewable energy sources”, substitute “eligible renewable energy sources”.

18  Section 8

After “solar hot water heaters”, insert “or small generation units”.

19  Division 2 of Part 2 (heading)

Repeal the heading, substitute:

Division 2 Registration of persons

20  Subsection 9(2)

After “section 30”, insert “or 30A”.

21  Subsection 13(1)

Repeal the subsection, substitute:

             (1)  A registered person may apply to the Regulator for accreditation, as an accredited power station, of the components of an electricity generation system that the person considers are a single power station if the person:

                     (a)  operates those components (whether alone or together with one or more other persons); or

                     (b)  owns all, or a part, of those components (whether alone or together with one or more other persons).

22  Paragraph 13(2)(b)

Omit “parts”, substitute “components”.

23  After paragraph 13(2)(b)

Insert:

                  (baa)  specify each other person (if any) who:

                              (i)  operates those components (whether alone or together with one or more other persons); or

                             (ii)  owns all, or a part, of those components (whether alone or together with one or more other persons); and

24  Subparagraph 13(2)(ba)(i)

Omit “eligible renewable power sources”, substitute “eligible renewable energy sources”.

25  At the end of subsection 13(2)

Add:

              ; and (f)  be accompanied by a statement in writing from each other person (if any) specified under paragraph (baa) indicating that the other person agrees to the making of the application.

26  At the end of subsection 14(1)

Add:

Note:          A determination under paragraph (a) may be varied: see Division 10.

27  Paragraph 14(2)(a)

Omit “eligible renewable power source”, substitute “eligible renewable energy source”.

28  After subsection 14(2)

Insert:

          (2A)  However, a power station is not eligible for accreditation if the Regulator is satisfied that a previous determination under paragraph (1)(a) should be varied to include the components of the system specified in the application for accreditation.

29  At the end of subsection 14(3)

Add:

Note:          The 1997 eligible renewable power baseline for a power station may be varied: see Division 12.

30  Subsection 14(4)

Omit “paragraphs (1)(a) and (b), (2)(a) and (b) and (3)(a) and (b)”, substitute “paragraphs (1)(a) and (3)(a)”.

31  At the end of section 15

Add:

Note:          The accreditation of an accredited power station may be suspended: see Division 11.

32  After section 15

Insert:

15A   Nominated person for power station

                   If the Regulator approves an application, the applicant becomes the nominated person for the accredited power station.

Note:          The nominated person for the power station is able to create certificates for electricity generated by the power station: see section 18. The nominated person may change: see Division 9.

33  Section 17

Repeal the section, substitute:

17   What is an eligible renewable energy source ?

             (1)  The following energy sources are eligible renewable energy sources :

                     (a)  hydro;

                     (b)  wave;

                     (c)  tide;

                     (d)  ocean;

                     (e)  wind;

                      (f)  solar;

                     (g)  geothermal-aquifer;

                     (h)  hot dry rock;

                      (i)  energy crops;

                      (j)  wood waste;

                     (k)  agricultural waste;

                      (l)  food waste;

                    (m)  food processing waste;

                     (n)  waste from processing of agricultural products;

                     (o)  bagasse;

                     (p)  black liquor;

                     (q)  biomass-based components of municipal solid waste;

                      (r)  landfill gas;

                      (s)  sewage gas.

             (2)  Despite subsection (1), the following energy sources are not eligible renewable energy sources:

                     (a)  fossil fuels;

                     (b)  materials or waste products derived from fossil fuels.

Regulations

             (3)  For the purposes of this Act, the regulations may provide that an energy source referred to in subsection (1) or (2) has the meaning prescribed by the regulations.

             (4)  For the purposes of this Act, the regulations may make provision for and in relation to limiting the meaning of an energy source referred to in subsection (1).

             (5)  For the purposes of this Act, the regulations may make provision for and in relation to extending the meaning of an energy source referred to in subsection (2).

34  Subsection 18(1)

Repeal the subsection, substitute:

             (1)  The nominated person for an accredited power station may create a certificate for each whole MWh of electricity generated by the power station during a year that is in excess of the power station’s 1997 eligible renewable power baseline.

35  After subsection 18(1)

Insert:

          (1A)  A certificate may not be created in respect of a whole MWh of electricity generated partly in 1 year and partly in the following year.

36  Subsection 18(2)

Repeal the subsection, substitute:

             (2)  If the amount of electricity generated by an accredited power station during a year that is in excess of the power station’s 1997 eligible renewable power baseline is less than 1 MWh but greater than or equal to 0.5 MWh, the nominated person for the power station may create 1 certificate in respect of the electricity generated during the year.

37  Subsection 18(4)

Repeal the subsection, substitute:

             (4)  Electricity is to be excluded from all calculations under this section:

                     (a)  to the extent that the electricity was generated using any energy sources that are not eligible renewable energy sources; or

                     (b)  to the extent that the electricity was generated during any period of suspension of the accreditation of the accredited power station under section 30D or 30E.

38  At the end of section 18

Add:

             (5)  The nominated person for an accredited power station may not create any certificates during any period of suspension of the person’s registration under section 30 or 30A.

39  Section 19

Repeal the section, substitute:

19   When certificates may be created

                   A certificate may be created at any time after the generation of the final part of the electricity in relation to which it is created (including creation in a year that is later than the year of generation).

Note:          For offences related to the creation of certificates, see section 24.

40  Subsection 20(1)

Repeal the subsection, substitute:

             (1)  The nominated person for an accredited power station must give an electricity generation return for a year to the Regulator on or before:

                     (a)  14 February in the following year; or

                     (b)  any later day allowed by the Regulator.

41  Paragraph 20(2)(a)

Omit “person”, substitute “power station”.

42  Paragraph 20(2)(c)

Repeal the paragraph, substitute:

                     (c)  the number of certificates created during the year in respect of the electricity generated by the power station during the year; and

                    (ca)  the number of certificates created during the year in respect of any electricity generated by the power station during any previous year; and

43  After section 20

Insert:

20A   Amending electricity generation returns

             (1)  The Regulator may amend an electricity generation return if the nominated person for the accredited power station concerned requests, in writing, an amendment within 12 months of the return being given.

             (2)  The Regulator may also amend an electricity generation return on his or her own initiative if the amendment is made within 4 years of the return being given.

             (3)  If the Regulator refuses to amend an electricity generation return upon a request by a nominated person for an accredited power station, the Regulator must notify the person accordingly.

44  Subsection 21(1)

Omit “non-renewable”.

45  Subsection 21(2)

Omit “non-renewable”.

46  At the end of section 21

Add:

             (3)  The regulations may provide that a solar water heater displaces electricity even where the solar water heater is the first water heater installed at the site of installation.

             (4)  Subsection (3) does not limit subsection (2).

47  At the end of section 22

Add:

             (2)  Regulations made for the purposes of subsection (1) may:

                     (a)  empower the Regulator to make written determinations; and

                     (b)  require the Regulator to have regard to specified guidelines when making such determinations.

             (3)  Subsection (2) does not limit subsection (1).

48  After section 22

Insert:

22A   When certificates may be created

                   The certificates may only be created within 12 months after the installation of the solar water heater.

49  After section 23

Insert:

23AA   Register of Solar Water Heaters

                   The regulations may make provision for and in relation to the Regulator keeping a Register of Solar Water Heaters.

50  Subsection 23A(1)

Omit “and the small generation unit displaces non-renewable electricity”.

51  Subsection 23A(2)

Repeal the subsection.

52  Paragraph 25(2)(b)

After “signature of the”, insert “registered”.

53  Paragraph 25(2)(c)

After “the date on which the”, insert “final part of the”.

54  After paragraph 25(2)(c)

Insert:

                    (ca)  the eligible renewable energy source or sources of that electricity; and

55  Subsection 26(3A)

Repeal the subsection, substitute:

          (3A)  The Regulator must not consider whether a certificate is eligible for registration unless the Regulator has been paid the fee (if any) prescribed by the regulations for such a consideration.

56  Subsection 29(1)

After “section 44”, insert “or 95”.

57  After section 30

Insert:

30A   Suspension of registration—other grounds

Regulator’s belief that offence committed

             (1)  The Regulator may, by written notice, suspend the registration of a registered person if the Regulator believes on reasonable grounds that the person has committed an offence against this Act or the regulations.

             (2)  The registration is suspended for such period (not exceeding 12 months) as the Regulator considers appropriate in all of the circumstances. That period must be specified in the notice.

Registration obtained improperly

             (3)  The Regulator may, by written notice, suspend the registration of a registered person if the registration was obtained improperly.

             (4)  The registration is suspended for such period (including permanently) as the Regulator considers appropriate in all of the circumstances. That period must be specified in the notice.

Note:       The heading to section 30 is replaced by the heading “ Suspension of registration—conviction of offence ”.

58  At the end of Part 2

Add:

Division 9 Changing the nominated person for an accredited power station

30B   Changing the nominated person for an accredited power station

             (1)  A registered person who is a stakeholder in relation to an accredited power station may apply to the Regulator for approval to become the nominated person for the power station.

Note:          The nominated person is able to create certificates in respect of electricity generated by the power station: see section 18.

             (2)  The application must:

                     (a)  be made in a form and manner required by the Regulator; and

                     (b)  contain any information required by the Regulator; and

                     (c)  be accompanied by any documents required by the Regulator; and

                     (d)  be accompanied by the fee (if any) prescribed by the regulations for the making of such applications; and

                     (e)  be accompanied by a statement in writing from each other stakeholder (if any) in relation to the power station indicating that the other stakeholder agrees to the making of the application.

             (3)  If the Regulator receives an application that is properly made, the Regulator must, by writing, approve the applicant as the nominated person for the power station.

             (4)  Otherwise, the Regulator must refuse to so approve the applicant and must notify the applicant accordingly.

Division 10 Varying what constitutes a power station

30C   Varying what constitutes a power station

             (1)  The Regulator may, by writing, vary a determination under paragraph 14(1)(a). The Regulator may do so only in relation to an accredited power station.

             (2)  The Regulator may do so on his or her own initiative or upon application by the nominated person for the accredited power station.

             (3)  The application must:

                     (a)  be made in a form and manner required by the Regulator; and

                     (b)  contain any information required by the Regulator; and

                     (c)  be accompanied by any documents required by the Regulator; and

                     (d)  be accompanied by the fee (if any) prescribed by the regulations for the making of such applications; and

                     (e)  be accompanied by a statement in writing from each other stakeholder (if any) in relation to the power station indicating that the other stakeholder agrees to the making of the application.

             (4)  If the Regulator refuses the application, the Regulator must notify the applicant accordingly.

Division 11 Suspending the accreditation of a power station

30D   Suspending the accreditation of a power station—interconnected power stations

             (1)  The Regulator may, by written notice, suspend the accreditation of an accredited power station if:

                     (a)  the power station is part of a group of interconnected power stations; and

                     (b)  one or more of the power stations (an excess station ) in the group generates electricity during a year that is in excess of its 1997 eligible renewable power baseline for the year; and

                     (c)  one or more of the power stations (a shortfall station ) in the group generates nil electricity during the year or generates electricity during the year that is less than its 1997 eligible renewable power baseline for the year; and

                     (d)  the Regulator is satisfied that more certificates are able to be created in respect of electricity generated during the year by any excess station than would be able to be created if any shortfall station had generated electricity during the year at least equal to its 1997 eligible renewable power baseline for the year.

Period of suspension

             (2)  The accreditation is suspended for such period (including permanently) as the Regulator considers appropriate in all of the circumstances. That period must be specified in the notice.

Note:          Any electricity generated by the power station while its accreditation is suspended is to be excluded from all calculations under section 18: see subsection 18(4).

Group of interconnected power stations

             (3)  2 or more power stations form a group of interconnected power stations if:

                     (a)  each power station is able to generate electricity using a particular supply (the relevant supply ) of an eligible renewable energy source; and

                     (b)  the amount of electricity generated by each power station during a year using that supply is able to be co-ordinated in order to allow more certificates to be created in respect of the total electricity generated by the power stations during the year using that supply than would otherwise be able to be created.

Relevant matters

             (4)  In deciding whether or not to suspend the accreditation of an accredited power station under subsection (1), the Regulator must have regard to any information available to him or her that demonstrates that either or both of the outcomes referred to in paragraphs (1)(b) and (c) were not the result of a gaming arrangement.

             (5)  The Regulator may have regard to such other matters as he or she thinks appropriate.

Gaming arrangement

             (6)  A gaming arrangement is an arrangement to co-ordinate the amount of electricity generated by each power station in the group during the year using the relevant supply in order to allow more certificates to be created in respect of the total electricity generated by the power stations in the group during the year using that supply than would otherwise be able to be created.

30E   Suspending the accreditation of a power station—other grounds

Failure to give an electricity generation return

             (1)  The Regulator may, by written notice, suspend the accreditation of an accredited power station if an electricity generation return for a year, in respect of the station, has not been given to the Regulator in accordance with section 20.

             (2)  The accreditation is suspended until the return is given to the Regulator in accordance with that section. The notice must include a statement to that effect.

Contravention of Commonwealth, State or Territory law

             (3)  The Regulator may, by written notice, suspend the accreditation of an accredited power station if the Regulator believes on reasonable grounds that the power station is being operated in contravention of a law of the Commonwealth, a State or a Territory.

             (4)  The accreditation is suspended until the Regulator believes on reasonable grounds that the power station is not being operated in contravention of that law. The notice must include a statement to that effect.

Other circumstances

             (5)  The Regulator may, by written notice, suspend the accreditation of an accredited power station in any other circumstances prescribed by the regulations.

             (6)  The accreditation is suspended for such period (including permanently) as the Regulator considers appropriate in all of the circumstances. That period must be specified in the notice.

Note:          Any electricity generated by the power station while its accreditation is suspended under this section is to be excluded from all calculations under section 18: see subsection 18(4).

Division 12 Varying 1997 eligible renewable power baselines

30F   Varying 1997 eligible renewable power baselines

             (1)  The Regulator may, by written determination, vary the 1997 eligible renewable power baseline for an accredited power station in the circumstances prescribed by the regulations.

             (2)  The regulations may make provision for the 1997 eligible renewable power baseline for an accredited power station to be varied if an action or policy of the Commonwealth Government reduces the power station’s ability to generate electricity for a sustained period.

             (3)  Subsection (2) does not limit subsection (1).

Increase in baseline

             (4)  If a determination increases the 1997 eligible renewable power baseline for an accredited power station, the determination has effect only for the years following the year in which the determination is made.

Decrease in baseline

             (5)  If a determination decreases the 1997 eligible renewable power baseline for an accredited power station, the determination has effect for the year or years specified in the determination.

59  Subsection 32(2)

Omit “a generator”, substitute “the person who generated the electricity”.

60  At the end of section 32

Add:

             (3)  If there is a wholesale acquisition of electricity under this section, then no other acquisition in relation to that electricity is a relevant acquisition (regardless of when the other acquisition occurs).

61  Subsection 33(2)

Omit “generator” (first occurring), substitute “person who generated the electricity”.

62  Subsection 33(2A)

Repeal the subsection.

63  Subsection 33(3)

Omit “generator” (first occurring), substitute “person who generated the electricity”.

64  Subsection 36(2)

After “required renewable energy”, insert “(see section 38)”.

65  Section 38

Omit “liable person” (wherever occurring), substitute “liable entity”.

66  Paragraph 39(2)(b)

Repeal the paragraph, substitute:

                     (b)  for any later year—the rate worked out using the formula:

67  After subsection 39(3)

Insert:

          (3A)  If, at the time the Minister takes into consideration the matters referred to in subsection (3), the amount applicable under paragraph (3)(c) is not known, then the Minister may take into consideration an estimate of that amount instead.

68  Section 40 (table, heading to column 2)

Omit “ Required additional ”.

69  At the end of section 41

Add:

Note:          See also section 101 (about payment of penalty charge).

70  Subsection 42(1)

Omit “(including additional renewable energy shortfall charge)” (first occurring), substitute “, penalty charge or interest charge”.

71  Subsection 42(1)

Omit “(including additional renewable energy shortfall charge)” (last occurring), substitute “, penalty charge and interest charge”.

72  At the end of subsection 44(1)

Add:

Note:          For amendment of such statements, see section 45A.

73  Subsection 44(4)

Omit “annual energy acquisition”.

74  Subsection 44(4)

Omit “liable person”, substitute “liable entity”.

75  Subsection 44(4)

Omit “certificates” (last occurring), substitute “certificate”.

76  Subsection 44(5)

Repeal the subsection, substitute:

             (5)  The liable entity must pay the fee (if any) prescribed by the regulations for the surrender of the renewable energy certificates that are being surrendered for the year.

             (6)  The statement may be accompanied by the fee. Otherwise, the liable entity must pay the fee within 60 days after the lodging of the statement.

             (7)  If the fee is unpaid after that time, it is a debt due to the Commonwealth and is recoverable by the Regulator in a court of competent jurisdiction.

77  After section 45

Insert:

45A   Amending annual energy acquisition statements

             (1)  The Regulator may amend an energy acquisition statement if the liable entity requests, in writing, an amendment within 12 months of lodging the statement.

             (2)  The Regulator may also amend an energy acquisition statement on his or her own initiative if the amendment is made within 4 years of the liable entity lodging the statement.

             (3)  If the Regulator refuses to amend an energy acquisition statement upon a request by a liable entity, the Regulator must notify the entity accordingly.

Note:          An amendment of an energy acquisition statement under this section may also result in the Regulator issuing an assessment under section 48 or amending an assessment under section 49.

78  Paragraphs 46(2)(d) and (e)

Repeal the paragraphs, substitute:

                     (d)  either any carried forward shortfall for the year or the amount of the renewable energy shortfall charge for the year; and

79  Paragraph 47(c)

After “charge”, insert “(if any)”.

80  Paragraph 47(e)

Repeal the paragraph, substitute:

                     (e)  the renewable energy certificate shortfall specified in the statement is taken to be the liable entity’s renewable energy certificate shortfall for the year; and

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

81  Paragraph 48(1)(b)

Omit “is liable to pay renewable energy shortfall charge for the year”, substitute “has a renewable energy certificate shortfall for the year”.

82  Subsection 48(1)

Before “payable”, insert “(if any)”.

83  Paragraph 48(2)(c)

Omit “is liable to pay renewable energy shortfall charge for the year”, substitute “has a renewable energy certificate shortfall for the year”.

84  Subsection 48(2)

Before “payable”, insert “(if any)”.

85  At the end of subsection 49(1)

Add:

Note:          This Division does not apply in relation to an assessment under section 102: see section 53A.

86  Subsection 49(3)

Omit “An”, substitute “Subject to subsection (5), an”.

87  Paragraph 49(6)(a)

Omit “the decision”, substitute “a decision”.

88  Paragraph 49(6)(b)

Omit “its amendment by reduction of”, substitute “a decision to reduce”.

89  Subsection 50(2) (definition of overpaid amount )

Omit “additional renewable energy shortfall charge under section 70 or Part 9”, substitute “penalty charge or interest charge”.

90  Section 52

Omit “person liable to pay the renewable energy shortfall charge”, substitute “liable entity concerned”.

91  At the end of Part 5

Add:

53A   Application of Division

                   This Division does not apply in relation to an assessment under section 102.

92  At the end of section 54

Add:

             (2)  This Division does not apply in relation to an assessment under section 102.

Note:          However, a person may seek review of a decision to make an assessment under section 102: see Division 2.

93  Section 55

Omit “person” (wherever occurring), substitute “liable entity”.

94  Subsection 57(2)

Omit “person’s”, substitute “liable entity’s”.

Note:       The heading to section 57 is altered by omitting “ Applications ” and substituting “ Requests ”.

95  Subsection 57(4)

Omit “person”, substitute “liable entity”.

96  Subsection 57(6)

Omit “person”, substitute “liable entity”.

97  Subsection 58(3)

Omit “person”, substitute “liable entity”.

98  Section 62

Omit “person”, substitute “liable entity”.

99  Section 65

Omit “additional renewable energy shortfall charge”, substitute “penalty charge, interest charge”.

100  Subsection 66(1) (after table item 3)

Insert:

 

3A

to amend, or to refuse to amend, an electricity generation return

section 20A

the nominated person for the accredited power station concerned.

101  Subsection 66(1) (table item 5)

After “section 30”, insert “or 30A”.

102  Subsection 66(1) (after table item 5)

Insert:

 

5A

to refuse to approve a person as the nominated person for an accredited power station

section 30B

the person.

5B

to vary, or to refuse to vary, a determination under paragraph 14(1)(a)

section 30C

the nominated person for the accredited power station concerned.

5C

to suspend the accreditation of an accredited power station

section 30D or 30E

the nominated person for the power station.

5D

to vary the 1997 eligible renewable power baseline for an accredited power station

section 30F

the nominated person for the power station.

5E

to amend, or to refuse to amend, an energy acquisition statement

section 45A

the liable entity concerned.

103  Subsection 66(1) (table item 6)

Repeal the item, substitute:

 

6

assessing penalty charge

section 102

the liable entity that is liable to pay the penalty charge.

104  Subsection 66(1) (table item 7)

Omit “additional renewable energy shortfall charge” (wherever occurring), substitute “penalty charge”.

105  Part 7 (heading)

Repeal the heading, substitute:

Part 7 Collection and recovery of charge

106  Section 68

Omit “Additional renewable energy shortfall charge under Part 9”, substitute “Penalty charge”.

Note:       The heading to section 68 is altered by omitting “ additional renewable energy shortfall charge ” and substituting “ penalty charge ”.

107  Section 68

Omit “the additional charge”, substitute “that charge”.

108  Section 70

Repeal the section, substitute:

70   Interest penalty for unpaid renewable energy shortfall charge or unpaid penalty charge

Unpaid renewable energy shortfall charge

             (1)  If any amount (the unpaid amount ) of renewable energy shortfall charge which a liable entity is liable to pay remains unpaid after the time by which it is due to be paid, the liable entity is liable to pay, by way of penalty, interest charge on the unpaid amount for each day in the period that:

                     (a)  started at the beginning of the day by which the amount of the renewable energy shortfall charge was due to be paid; and

                     (b)  finishes at the end of the last day on which, at the end of the day, any of the following remains unpaid:

                              (i)  the renewable energy shortfall charge;

                             (ii)  interest charge on any of the renewable energy shortfall charge.

Unpaid penalty charge

             (2)  If any amount (the unpaid amount ) of penalty charge which a liable entity is liable to pay remains unpaid after the time by which it is due to be paid, the liable entity is liable to pay, by way of penalty, interest charge on the unpaid amount for each day in the period that:

                     (a)  started at the beginning of the day by which the amount of the penalty charge was due to be paid; and

                     (b)  finishes at the end of the last day on which, at the end of the day, any of the following remains unpaid:

                              (i)  the penalty charge;

                             (ii)  interest charge on any of the penalty charge.

Amount of interest charge

             (3)  The amount of the interest charge for a day is worked out by multiplying the unpaid amount by the general interest charge rate for the day.

When interest charge becomes due and payable

             (4)  The interest charge for a day is due and payable at the end of that day.

109  Subsection 81(1)

Repeal the subsection, substitute:

             (1)  This Subdivision applies if:

                     (a)  a person (the receiver ), in the capacity of receiver, or of receiver and manager, takes possession of a company’s assets for the company’s debenture holders; and

                     (b)  the company is, or has been, a liable entity.

110  At the end of subsection 85(1)

Add:

             ; and (c)  is, or has been, a liable entity.

111  Paragraph 89(3)(a)

Omit “returns”, substitute “statement”.

112  Paragraph 89(3)(b)

Omit “additional returns or”.

113  Paragraph 89(4)(b)

Omit “return”, substitute “statement”.

114  Subsection 95(2)

Omit “return”, substitute “renewable energy shortfall statement”.

115  Subsection 96(2)

After “charge”, insert “paid by the liable entity”.

116  Subsection 99(1)

Omit “additional renewable energy shortfall charge”, substitute “penalty charge”.

117  Subsection 99(2)

Omit “additional renewable energy shortfall charge”, substitute “penalty charge”.

118  Subsection 99(3)

Omit “additional renewable energy shortfall charge”, substitute “penalty charge”.

119  Subsection 99(4)

Omit “additional renewable energy shortfall charge”, substitute “penalty charge”.

120  Subsection 100(1)

Omit “additional renewable energy shortfall charge”, substitute “penalty charge”.

121  Section 101

Omit “additional renewable energy shortfall charge”, substitute “penalty charge”.

Note:       The heading to section 101 is altered by omitting “ Penalty renewable energy shortfall charge ” and substituting “ Penalty charge ”.

122  Subsection 102(1)

Omit “additional renewable energy shortfall charge”, substitute “penalty charge”.

Note:       The heading to section 102 is altered by omitting “ additional renewable energy shortfall charge ” and substituting “ penalty charge ”.

123  Section 103

Omit “additional renewable energy shortfall charge” (wherever occurring), substitute “penalty charge”.

Note:       The heading to section 103 is altered by omitting “ additional renewable energy shortfall charge ” and substituting “ penalty charge ”.

124  After subsection 107(1)

Insert:

          (1A)  The Regulator may, in writing, also appoint any of the following persons to be an authorised officer for the purposes of this Part:

                     (a)  any other person who is appointed or employed by the Commonwealth;

                     (b)  a person who is appointed or employed by a State or a Territory.

125  Subsection 110(1)

Omit “this Act or of determining whether this Act has”, substitute “this Act or the regulations or of determining whether this Act or the regulations have”.

Note:       The heading to section 110 is replaced by the heading “ Entry to premises ”.

126  Paragraph 111(1)(b)

After “this Act”, insert “or the regulations”.

127  Paragraph 111(1)(c)

After “this Act”, insert “or the regulations”.

128  Paragraph 111(1)(e)

After “this Act”, insert “or the regulations”.

129  Subparagraph 111(1)(h)(iii)

Omit “that”.

130  Subsection 111(2)

Omit “assessing the correctness of information provided under this Act”, substitute “substantiating information provided under this Act or the regulations”.

131  Paragraph 112(1)(a)

After “this Act”, insert “or the regulations”.

132  Paragraph 112(2)(a)

After “this Act”, insert “or the regulations”.

133  Paragraph 114(a)

Omit “gives evidence to”, substitute “answers a question put by”.

134  Paragraph 114(b)

Omit “evidence”, substitute “answer”.

135  Paragraph 114(c)

Omit “evidence”, substitute “answer”.

136  Subsection 119(1)

Omit “premises in respect of which it is being executed”, substitute “warrant premises”.

137  Paragraph 120(2)(a)

After “this Act”, insert “or the regulations”.

138  Subsection 125(2)

Omit “this Act or of determining whether this Act has”, substitute “this Act or the regulations or of determining whether this Act or the regulations have”.

139  After Part 11

Insert:

Part 11A Information-gathering powers

   

125A   Regulator may obtain information and documents

             (1)  This section applies to a person if the Regulator has reason to believe that the person:

                     (a)  has information or a document that is relevant to the operation of this Act; or

                     (b)  is capable of giving evidence which the Regulator has reason to believe is relevant to the operation of this Act.

             (2)  The Regulator may, by written notice given to the person, require the person:

                     (a)  to give to the Regulator, within the period and in the manner and form specified in the notice, any such information; or

                     (b)  to produce to the Regulator, within the period and in the manner specified in the notice, any such documents; or

                     (c)  if the person is an individual—to appear before the Regulator at a time and place specified in the notice to give any such evidence, either orally or in writing, and produce any such documents; or

                     (d)  if the person is a body corporate—to cause a competent officer of the body to appear before the Regulator at a time and place specified in the notice to give any such evidence, either orally or in writing, and produce any such documents.

             (3)  A person is guilty of an offence if the person fails to comply with a requirement under subsection (2).

Maximum penalty:    20 penalty units.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

             (4)  Strict liability applies to the element of the offence against subsection (3) that the requirement is under subsection (2).

Note:          For strict liability , see section 6.1 of the Criminal Code .

             (5)  A notice under subsection (2) must set out the effect of the following provisions:

                     (a)  subsection (3);

                     (b)  section 125E;

                     (c)  section 125F;

                     (d)  section 153.

125B   Self-incrimination

             (1)  An individual is not excused from giving information or evidence or producing a document under this Part on the ground that the information or evidence or the production of the document might tend to incriminate the individual or expose the individual to a penalty.

             (2)  However:

                     (a)  the information or evidence given or the document produced; or

                     (b)  any information, document or thing obtained as a direct or indirect consequence of giving the information or evidence or producing the document;

is not admissible in evidence against the individual in criminal proceedings other than:

                     (c)  proceedings for an offence against subsection 125A(3) or section 125E or 125F; or

                     (d)  proceedings for an offence against section 153 that relates to this Part.

125C   Copies of documents

                   The Regulator may inspect a document produced under this Part and may make and retain copies of, or take and retain extracts from, such a document.

125D   Regulator may retain documents

             (1)  The Regulator may take, and retain for as long as is necessary, possession of a document produced under this Part.

             (2)  The person otherwise entitled to possession of the document is entitled to be supplied, as soon as practicable, with a copy certified by the Regulator to be a true copy.

             (3)  The certified copy must be received in all courts and tribunals as evidence as if it were the original.

             (4)  Until a certified copy is supplied, the Regulator must, at such times and places as the Regulator thinks appropriate, permit the person otherwise entitled to possession of the document, or a person authorised by that person, to inspect and make copies of, or take extracts from, the document.

125E   False or misleading evidence

             (1)  A person is guilty of an offence if:

                     (a)  the person gives evidence to another person; and

                     (b)  the person does so knowing that the evidence is false or misleading in a material particular; and

                     (c)  the evidence is given in compliance or purported compliance with section 125A.

Maximum penalty:    Imprisonment for 12 months.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

             (2)  Strict liability applies to paragraph (1)(c).

Note:          For strict liability , see section 6.1 of the Criminal Code .

125F   False or misleading documents

             (1)  A person is guilty of an offence if:

                     (a)  the person produces a document to another person; and

                     (b)  the person does so knowing that the document is false or misleading in a material particular; and

                     (c)  the document is produced in compliance or purported compliance with section 125A.

Maximum penalty:    Imprisonment for 12 months.

Note 1:       Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2:       See also section 153 of this Act (which creates an offence for the giving of false or misleading information).

             (2)  Strict liability applies to paragraph (1)(c).

Note:          For strict liability , see section 6.1 of the Criminal Code .

             (3)  Subsection (1) does not apply to a person who produces a document if the document is accompanied by a written statement signed by the person or, in the case of a body corporate, by a competent officer of the body corporate:

                     (a)  stating that the document is, to the knowledge of the first-mentioned person, false or misleading in a material particular; and

                     (b)  setting out, or referring to, the material particular in which the document is, to the knowledge of the first-mentioned person, false or misleading.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (3), see subsection 13.3(3) of the Criminal Code .

140  Paragraph 126(1)(b)

Repeal the paragraph, substitute:

                     (b)  a member of the staff of the Office of the Renewable Energy Regulator referred to in section 151; or

141  Section 128

Omit “for the purpose of implementing this Act”, substitute “for the purposes of this Act”.

142  Subsection 130(1)

Omit “for the purpose of implementing this Act”, substitute “for the purposes of this Act”.

143  Paragraph 132(1)(b)

After “powers”, insert “in connection with proceedings under this Act”.

144  Paragraph 138(b)

Repeal the paragraph, substitute:

                     (b)  the name of the nominated person for the accredited power station; and

145  Paragraph 140(a)

Omit “number”, substitute “unique identification code”.

146  Paragraph 141A(b)

Omit “electricity generation system”, substitute “power station”.

147  Paragraph 141A(d)

Omit “Registrar”, substitute “Regulator”.

148  At the end of subsection 147(3)

Add:

               ; or (e)  fails, without reasonable excuse, to comply with section 147A (disclosure of interests).

149  After section 147

Insert:

147A   Disclosure of interests

                   The Regulator must give written notice to the Minister of all interests, pecuniary or otherwise, that the Regulator has or acquires and that could conflict with the proper performance of the Regulator’s functions.

150  Subsection 148(3)

Omit “The Consolidated Revenue Fund is appropriated for the payment of the remuneration and allowances.”.

151  Subsection 160(1)

Omit “by the employer”.

152  Subsection 161(2)

Repeal the subsection.



 

Part 2 Application and transitional provisions

153  Application—assessments

The amendment made by item 1 applies in relation to decisions made after the commencement of that item.

154  Application—creation of renewable energy certificates

The amendments made by items 3, 34, 35, 36, 39, 52, 53, 54 and 145 apply in relation to certificates created after the commencement of those items.

155  Application—charges

The amendments made by items 6, 10, 14, 89, 99, 103, 104, 106, 107, 108 and 116 to 123 apply in relation to amounts that a liable entity becomes liable to pay after the commencement of those items.

156  Application—applications for accreditation of a power station

The amendments made by items 21, 22, 23, 25, 28 and 146 apply in relation to applications made after the commencement of those items.

157  Application—electricity generation

The amendment made by item 33 applies in relation to electricity generated after the commencement of that item.

158  Application—solar water heaters

The amendments made by items 44 to 49 apply in relation to solar water heaters installed after the commencement of those items.

159  Application—small generation units

The amendments made by items 50 and 51 apply in relation to small generation units installed before or after the commencement of those items.

160  Application—registration of renewable energy certificates

The amendment made by item 55 applies in relation to notifications made after the commencement of that item.

161  Application—relevant acquisitions of electricity

The amendments made by items 60 and 62 apply in relation to acquisitions of electricity occurring in the year ending 31 December 2002 or in any later year.

162  Application—secrecy

The amendments made by items 141, 142 and 143 apply in relation to proceedings instituted after the commencement of those items.

163  Transitional—accredited power stations

(1)        This item applies in relation to a power station that was accredited under Division 3 of Part 2 of the Renewable Energy (Electricity) Act 2000 before the commencement of item 21 of this Schedule.

(2)        The Regulator must, within 28 days after the commencement of that item, approve a person as the nominated person for the power station.

Note:          The register of accredited power stations is to contain the name of the nominated person for an accredited power station: see section 138 of the Renewable Energy (Electricity) Act 2000 .

(3)        The person approved must be a stakeholder in relation to the power station.

Note:          Another stakeholder in relation to the power station may later apply to the Regulator to become the nominated person for the power station: see section 30B of the Renewable Energy (Electricity) Act 2000 .

(4)        The approval must be in writing and is taken to be an approval given under section 30B of the Renewable Energy (Electricity) Act 2000 .

(5)        For the purposes of section 66 of the Renewable Energy (Electricity) Act 2000 :

                     (a)  the approval is taken to be a reviewable decision; and

                     (b)  the affected person in relation to that decision is taken to be any other stakeholder in relation to the power station.

(6)        For the purposes of this item, stakeholder , in relation to a power station, means:

                     (a)  a person who operates the power station (whether alone or together with one or more other persons); or

                     (b)  a person who owns all, or a part, of the power station (whether alone or together with one or more other persons).

164  Transitional—relevant acquisitions of electricity

(1)        This item applies if:

                     (a)  a person has lodged an energy acquisition statement for the year ending on 31 December 2001 (the 2001 year ); and

                     (b)  the amount of electricity specified in the statement as having been acquired under relevant acquisitions is greater than the amount that would have been acquired under relevant acquisitions if the amendments made by items 60 and 62 had applied to the 2001 year.

(2)        If this item applies, the amount of electricity acquired under relevant acquisitions during the 2001 year is taken to be the amount that would have been acquired under relevant acquisitions if the amendments made by items 60 and 62 had applied to the 2001 year.

(3)        If, after the application of this item, the person has a carried forward surplus at the end of the 2001 year, the Regulator may, upon written application by the person:

                     (a)  reduce the carried forward surplus of the person for the 2001 year (which may be to nil); and

                     (b)  reduce the renewable energy certificate shortfall of another person for the 2001 year by a corresponding amount.