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RENEWABLE ENERGY (ELECTRICITY) AMENDMENT BILL 2009E RENEWABLE ENERGY (ELECTRICITY) (CHARGE) AMENDMENT BILL 2009

Order of the day read for the adjourned debate on the motion of the Minister for Innovation, Industry, Science and Research (Senator Carr)—That these bills be now read a second time.

Debate resumed.

Question put and passed.

Bills read a second time.

The Senate resolved itself into committee for the consideration of the bills.

In the committee

RENEWABLE ENERGY (ELECTRICITY) AMENDMENT BILL 2009—

Bill taken as a whole by leave.

Explanatory memorandum: The Minister for Climate Change and Water (Senator Wong) tabled a supplementary explanatory memorandum relating to the government amendments to be moved to the bill.

Bill debated.

Senator Milne moved the following amendments together by leave:

 Clause 2, page 2 (at the end of the table), add:

10. Schedule 4The day on which this Act receives the Royal Assent.

Clause 3, page 3 (lines 1 to 5), omit the clause, substitute:

 

3 Schedule(s)

  (1) Each Act, and each set of regulations, that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

  (2) The amendment of any regulation under subsection (1) does not prevent the regulation, as so amended, from being amended or repealed by the Governor-General.


 Schedule 1, page 4 (after line 25), after item 3, insert:

 3AAA Subsection 5(1) (definition of solar water heater)

  Repeal the definition, substitute:

   solar water heater means a device that heats water using solar energy and includes heat pump water heaters.

 Schedule 1, page 5 (after line 2), after item 3A, insert:

 3AA Section 8

  Omit "solar water heaters or".

 Schedule 1, page 6 (after line 12), after item 3L, insert:

 3LA At the end of subsection 17(2)

  Add:

 ; (c) solar energy used by solar water heaters, including heat pump water heaters;

 (d) biomass from native vegetation of any kind.

 Schedule 1, page 7 (after line 14), after item 3Q, insert:

 3R Subdivision B of Division 4 of Part 2

  Repeal the Subdivision.

 Schedule 1, page 8 (after line 10), after item 7, insert:

 7AA Subdivision BB of Division 4 of Part 2

  Repeal the Subdivision, substitute:

 

Subdivision BB—Small generation unit return

 

23F Small generation unit return

  (1) If the sum of the number of certificates created by a person during a year under Subdivision BA exceeds 250, the person must give a return for the year to the Regulator on or before:

 (a) 14 February in the following year; or

 (b) any later day allowed by the Regulator.

  (2) The return must include details of:

 (a) the number of certificates the person created under that Subdivision during the year; and

 (b) the number of certificates the person is entitled to create that Subdivision because of rights assigned to the person under subsection 23C(2) during the year; and

 (c) any other information specified by the regulations.

 Schedule 1, page 8 (lines 14 to 16), omit item 7B, substitute:

 7B Section 25A

  Repeal the section, substitute:

 

25A Form and content of certificates—small generation units

  (1) Certificates under Subdivision BA of Division 4 are to be created in an electronic form approved in writing by the Regulator.

  (2) Each certificate is to contain:

 (a) the registered person's registration number; and

 (b) the year; and


 (c) a number in an unbroken sequence that is used for all certificates created in respect of the small generation unit concerned in that year and that starts at one and has increments of one; and

 (d) the electronic signature of the registered person who created the certificate; and

 (e) the date on which the small generation unit concerned was installed; and

 (f) details of the eligible energy source in respect of which the certificate was created; and

 (g) the date on which the certificate was created.

 Page 24 (after line 20), at the end of the bill, add:

  

Schedule 4—Amendment of the Renewable Energy (Electricity) Regulations 2001

 

Part 1—Solar water heaters

 1 Subregulation 3(1) (definition of accredited body)

  Repeal the definition.

 2 Subregulation 3(1) (definition of component certification)

  Repeal the definition.

 3 Subregulation 3(1) (definition of product certification)

  Repeal the definition.

 4 Subregulation 3(1) (definition of Register of solar water heaters)

  Repeal the definition.

 5 Regulation 3A

  Repeal the regulation.

 6 Subdivision 2.3.2

  Repeal the Subdivision.

 7 Application of item 6

  To avoid doubt, the repeal of Subdivision 2.3.2 of the Renewable Energy (Electricity) Regulations 2001 made by item 6 means that certificates can no longer be created for the installation of heat pump water heaters.

 8 Division 2.4

  Repeal the Division, substitute:

 

Division 2.4 Small generation unit returns

 20C Information to be included in return (Act s 23F)

  For paragraph 23F (2) (d) of the Act, a small generation unit return must include the following information:

 (a) the year to which the return relates;

 (b) the person's registration number;

 (c) the telephone number, fax number and e-mail address (if any) of the person;

 (d) the number and type of unit for which a certificate was created in the year and the period of time for which the certificate was created;


 (e) details of any certificates assigned under subsection 23C (2) of the Act;

 (f) the number of certificates found ineligible for registration in the year;

 (g) the reasons for certificates being found ineligible for registration in the year;

 (h) the process used by the person to ensure that certificates created or assigned under Subdivision BA of Division 4 of Part 2 of the Act are eligible for registration.

   Note: For other information that must also be included in the return, see Act, subsection 23F (2).

 9 Paragraph 28(1)(b)

  Omit "23 (2) or".

 10 Subregulation 28(2) (table)

  Omit "or solar water heater" (twice occurring).

 11 Subregulation 28(2) (table item 1)

  Omit "23 (2) or".

 12 Schedule 4

  Repeal the Schedule.

 

Part 2—Wood waste

 13 Paragraph 8(1)(d)

  Omit "; and", substitute ".".

 14 Paragraph 8(1)(e)

  Repeal the paragraph.

 15 Subregulations 8(2), (3) and (4)

  Repeal the subregulations.

 16 Subregulation 9(2)

  Repeal the subregulation, substitute:

  (2) For section 17 of the Act, biomass from native vegetation is not an energy crop.

Debate ensued.

At 12.45 pm: The Acting Deputy President (Senator Hurley) resumed the chair and the Temporary Chair of Committees reported progress.