Renewable Energy (Electricity) Act 2000

In force

Administered by

Department of Climate Change, Energy, the Environment and Water

Superseded version

View latest version

C2022C00252 (C29)

14 September 2022 - 19 March 2024

Table of contents

Part 1—Preliminary
- 1 Short title
- 2 Commencement
- 3 Object/outline
- 4 Years to which this Act applies
- 5 Definitions
- 6 Act binds Crown
- 7 Application to the external Territories
- 7A Tax deductibility
- 7B Constitutional basis
- 7C Immunity from State laws
Part 2—Renewable energy certificates
- Division 1—Preliminary
  - 8 Overview of Part
- Division 2—Registration of persons
- 9 Who can register
- 10 Applying for registration
- 11 Regulator to refuse or approve application
- 12 Regulator to allocate registration numbers
- Division 2A—Provisional accreditation of power stations
- 12A Application for provisional accreditation of a power station
- 12B Regulator may give provisional accreditation
- 12C Time limit for deciding applications
- Division 3—Accreditation of eligible power stations
- 13 Application for accreditation
- 14 Regulator to determine certain matters
- 15 Regulator to approve or refuse application
- 15A Time limit for deciding applications
- 15B Nominated person for power station
- 16 Regulator to allocate identification codes
- 17 What is an eligible renewable energy source?
- 17A What is eligible WCMG?
- Division 4—Creation of renewable energy certificates
- Subdivision AA—Preliminary
  - 17B Overview of Division
- Subdivision A—Large scale generation certificates for accredited power stations
- 17C Large scale generation certificates
- 18 Creating certificates for additional renewable electricity
- 19 When certificates may be created
- 20 Electricity generation return
- 20A Amending electricity generation returns
- Subdivision B—Small scale technology certificates for solar water heaters
- 20B Small scale technology certificates
- 21 When a certificate may be created
- 22 How many certificates may be created
- 23 Who may create a certificate
- 23AA Register of solar water heaters
- Subdivision BA—Small scale technology certificates for small generation units
- 23AB Small scale technology certificates
- 23A When a certificate may be created
- 23AAA Regulations to establish scheme for inspection of new installations of small generation units
- 23B How many certificates may be created
- 23C Who may create a certificate
- 23D No other certificates to be created
- 23E Election to not create certificates under this Subdivision
- Subdivision BB—Solar water heater and small generation unit return
- 23F Solar water heater and small generation unit return
- Subdivision C—Improper creation of certificates
- 24 Improper creation of certificates—offences
- 24A Improper creation of certificates—civil penalty
- 24B False etc. information resulting in improper creation of certificates under Subdivision B or BA—civil penalty
- Division 5—Form and registration of certificates
- 25 Form and content of large scale generation certificates
- 25A Form and content of small scale technology certificates
- 26 Certificates must be registered
- Division 6—Transfer of certificates
- 27 Certificates may be transferred
- 28 Regulator to be notified
- Division 7—Retirement of certificates
- 28A Registered owner may surrender certificate
- 29 Retirement of certificates
- Division 8—Suspension of registration
- 30 Suspension of registration—conviction of offence
- 30A Suspension of registration—other grounds
- Division 9—Changing the nominated person for an accredited power station
- 30B Changing the nominated person for an accredited power station
- Division 10—Varying what constitutes a power station
- 30C Varying what constitutes a power station
- Division 11—Suspending the accreditation of a power station
- 30D Suspending the accreditation of a power station—interconnected power stations
- 30E Suspending the accreditation of a power station—other grounds
- Division 12—Varying 1997 eligible renewable power baselines and 2008 WCMG limits
- 30F Varying 1997 eligible renewable power baselines
- 30G Varying 2008 WCMG limits
Part 2A—Clearing house for small scale technology certificates
- Division 1—Preliminary
  - 30H Overview of Part
- Division 2—Regulator to establish and operate clearing house
  - 30J Regulator to establish and operate clearing house
- Division 3—Entering certificates into the clearing house
  - 30K Application for certificate to be entered into the clearing house
  - 30L Regulator to enter certificate into the clearing house
- Division 4—Purchase of certificates through the clearing house
- Division 5—Renewable Energy Special Account
- Division 6—Other matters
  - 30U Regulations about the operation of the clearing house
Part 3—Acquisition of electricity
- 31 What are relevant acquisitions?
- 32 Wholesale acquisitions
- 33 Notional wholesale acquisitions
- 34 Special provision relating to transactions involving AEMO or a person or body prescribed by the regulations
Part 4—Renewable energy shortfall charge
- Division 1AA—Preliminary
  - 34A Overview of Part
- Division 1—Liability to charge
- Division 1A—Exemption from liability to charge
- Division 2—Renewable power percentage for large scale generation shortfall charge
  - 39 Regulations to specify renewable power percentage
  - 40 Required GWh of renewable source electricity
- Division 2A—Small scale technology percentage for small scale technology shortfall charge
  - 40A Regulations to specify small scale technology percentage
- Division 2AA—Emerging renewable energy technologies
  - 40AB Inclusion of emerging renewable energy technologies
- Division 3—Other provisions related to renewable energy shortfall charge
Part 5—Statements, certificates and assessments
- Division 1AA—Preliminary
  - 43A Overview of Part
- Division 1—Statements
  - Subdivision A—Annual energy acquisition statements
  - Subdivision B—Annual renewable energy shortfall statements
    - 46 Annual renewable energy shortfall statements
- Division 1A—Exemption certificates
- Division 2—Assessments
Part 6—Objections, reviews and appeals
- Division 1—Objections to and review of assessments
- Division 2—Review of other decisions
  - 66 Review of decisions
Part 7—Collection and recovery of charge
- Division 1—General rules about collection and recovery
- Division 2—Special rules about collection and recovery
- Division 3—Other matters
Part 8—Refunding large scale generation shortfall charge
- 95 Refunding large scale generation shortfall charge in later years
- 96 Value of certificates surrendered
- 97 Certificates can only be surrendered if there is no shortfall
- 98 Refund of charge where certificates surrendered
Part 9—Penalty charge
- 99 Penalty charge for failure to provide statements or information relevant to large scale generation shortfall charge
- 99A Penalty charge for failure to provide statements or information relevant to small scale technology shortfall charge
- 100 False or misleading statements
- 101 Penalty charge where arrangement to avoid renewable energy shortfall charge
- 102 Assessment of penalty charge
- 103 Remitting penalty charge
Part 10—Administration
- 104 General administration of Act
- 105 Annual report
Part 11—Audit
- Division 1—Overview
  - 106 Overview of Part
- Division 2—Appointment of authorised officers and identity cards
- Division 3—Powers of authorised officer
  - Subdivision A—Monitoring powers
    - 110 Entry to premises
    - 111 Monitoring powers of authorised officers
  - Subdivision B—Power of authorised officer to ask questions and seek production in certain circumstances
    - 112 Authorised officer may request or require persons to answer questions etc.
    - 113 Failure to provide information to authorised officer
- Division 4—Obligations and incidental powers of authorised officers
- Division 5—Occupier’s rights and responsibilities
- Division 6—Warrants
  - 125 Monitoring warrants
Part 11A—Information gathering powers
- 125A Regulator may obtain information and documents
- 125B Self incrimination
- 125C Copies of documents
- 125D Regulator may retain documents
- 125E False or misleading evidence
Part 12—Publication of information
- 134 Regulator may publish certain information
Part 13—Registers
- Division 1—General
  - 135 Registers to be maintained
- Division 2—The register of registered persons
  - 136 Contents of register of registered persons
  - 137 Form of register
- Division 3—The register of accredited power stations
  - 138 Contents of register of accredited power stations
  - 139 Form of register
- Division 4—The register of large scale generation certificates
  - 140 Contents of register of large scale generation certificates
  - 141 Form of register
- Division 4A—The register of small scale technology certificates
  - 141AA Contents of register of small scale technology certificates
  - 141AB Form of register
- Division 5—The register of applications for accredited power stations
  - 141A Contents of register of applications for accredited power stations
  - 141B Form of register
Part 15—Offences for failure to provide documents
- 154 Failure to provide documents
Part 15A—Civil penalties
- Division 1—Civil penalty orders
- Division 2—Liability of executive officers of bodies corporate
  - 154N Civil penalties for executive officers of bodies corporate
  - 154P Reasonable steps to prevent contravention
Part 15B—Other remedies
- Division 1—Enforceable undertakings
  - 154Q Acceptance of undertakings
  - 154R Enforcement of undertakings
- Division 2—Injunctions
  - 154S Injunctions
Part 16—Miscellaneous
- 155 Contracting outsiders
- 156 Delegation
- 157 Appropriation
- 159 Evidence
- 160 Records to be kept and preserved by registered persons, liable entities and holders of exemption certificates
- 160A Prescribing matters by reference to other instruments
- 160B Administrative decisions under the regulations
- 161 Regulations
Part 17—Application of Act to 2001
- 163 Object of Part
- 164 Modification of references to a year
- 165 Modification of other references
Endnotes
- Endnote 1—About the endnotes
- Endnote 2—Abbreviation key
- Endnote 3—Legislation history
- Endnote 4—Amendment history
- Endnote 5—Editorial changes

Renewable Energy (Electricity) Act 2000

Legislation text