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Renewable Energy (Electricity) Act 2000
In force
Administered by
Department of Climate Change, Energy, the Environment and Water
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C2004A00767
21 December 2000
-
17 January 2001
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Table of contents
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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
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Part 2—Renewable energy certificates
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Division 1—Preliminary
8 Overview of Part
Division 2—Registration of generators etc.
9 Who can register
10 Applying for registration
11 Regulator to approve or refuse application
12 Regulator to allocate registration numbers
Division 3—Accreditation of eligible power stations
13 Application for accreditation
14 Regulator to determine certain matters
15 Regulator to approve or refuse application
16 Regulator to allocate identification codes
17 What is an eligible renewable energy source?
Division 4—Creation of certificates
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Subdivision A—Electricity generation
18 Creating certificates for additional renewable electricity
19 When certificates may be created
20 Electricity generation return
Subdivision B—Solar water heaters
21 When a certificate may be created
22 How many certificates may be created
23 Who may create a certificate
Subdivision BA—Small generation units
23A When a certificate may be created
23B How many certificates may be created
23C Who may create a certificate
23D No other certificates to be created
Subdivision C—Improper creation of certificates
24 Improper creation of certificates—offences
Division 5—Form and registration of certificates
25 Form and content of 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
29 Retirement of certificates
Division 8—Suspension of registration
30 Suspension of registration
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Part 3—Acquisition of electricity
31 What are relevant acquisitions?
32 Wholesale acquisitions
33 Notional wholesale acquisitions
34 Special provision relating to transactions involving NEMMCO
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Part 4—Renewable energy shortfall charge
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Division 1—Liability to charge
35 Liable entities
36 Charge payable by liable entity
37 Amount of charge
38 Determination of renewable energy certificate shortfall
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Division 2—Renewable power percentage
39 Regulations to specify renewable power percentage
40 Required GWh of renewable source electricity
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Division 3—Other provisions related to the charge
41 Arrangements to avoid or reduce renewable energy shortfall charge
42 Application of Act to Commonwealth
43 Cancellation of exemptions from charges
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Part 5—Statements and assessments
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Division 1—Statements
44 Annual energy acquisition statements
45 Restrictions on certificates that can be surrendered
46 Annual renewable energy shortfall statements
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Division 2—Assessments
47 First renewable energy shortfall statement for year taken to be assessment
48 Default assessments
49 Amendment of assessments
50 Refund of overpaid amounts
51 Amended assessment to be an assessment
52 Notice of assessment
53 Validity of assessment
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Part 6—Objections, reviews and appeals
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Division 1—Objections to and review of assessments
54 Objections
55 How objections are to be made
56 Limited objection rights in the case of certain amended assessments
57 Applications for extension of time
58 Regulator to decide objections
59 Person may require Regulator to make an objection decision
60 Liable entity may seek review of, or appeal against, Regulator’s decision
61 Grounds of objection and burden of proof
62 Time limit for appeals
63 Order of Federal Court on objection decision
64 Implementation of Federal Court order in respect of objection decision
65 Pending appeal not to affect implementation of decisions
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Division 2—Review of other decisions
66 Review of decisions
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Part 7—Collection, recovery and refunding of charge
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Division 1—General rules about collection and recovery
67 When renewable energy shortfall charge becomes due and payable
68 When additional renewable energy shortfall charge becomes due and payable
69 Extension of time for payment
70 Penalty for unpaid renewable energy shortfall charge related liability
71 Recovery of renewable energy shortfall charge related liability
72 Service of documents if a person is absent from Australia or cannot be found
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Division 2—Special rules about collection and recovery
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Subdivision A—Recovery from a third party
73 Regulator may collect amounts from third party
74 Notice to Commonwealth, State or Territory
75 Indemnity
76 Offence
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Subdivision B—Recovery from liquidator
77 Liquidator’s obligation
78 Offence
79 Joint liability of 2 or more liquidators
80 Liquidator’s other obligation or liability
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Subdivision C—Recovery from receiver
81 Receiver’s obligation
82 Offence
83 Joint liability of 2 or more receivers
84 Receiver’s other obligation or liability
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Subdivision D—Recovery from agent winding up business for non resident principal
85 Obligation of agent winding up business for non resident principal
86 Offence
87 Joint liability of 2 or more agents
88 Agent’s other obligation or liability
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Subdivision E—Recovery from deceased person’s estate
89 Administered estate
90 Unadministered estate
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Division 3—Other matters
91 What this Division is about
92 Right of recovery if another person is liable
93 Right of contribution if persons are jointly liable
94 Regulator may authorise amount to be recovered
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Part 8—Refunding charge
95 Refunding 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
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Part 9—Penalty charge
99 Failure to provide statements or information
100 False or misleading statements
101 Penalty renewable energy shortfall charge where arrangement to avoid renewable energy shortfall charge
102 Assessment of additional renewable energy shortfall charge
103 Remitting additional renewable energy shortfall charge
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Part 10—Administration
104 General administration of Act
105 Annual report
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Part 11—Audit
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Division 1—Overview
106 Overview of Part
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Division 2—Appointment of authorised officers and identity cards
107 Appointment of authorised officers
108 Identity cards
109 Offences related to identity cards
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Division 3—Powers of authorised officer
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Subdivision A—Monitoring powers
110 Authorised officer may enter premises by consent or under monitoring warrant to check information provided under this Act or to check compliance with the Act
111 Monitoring powers of authorised officers
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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
114 False or misleading evidence
115 False or misleading documents
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Division 4—Obligations and incidental powers of authorised officers
116 Authorised officer must produce identity card on request
117 Consent
118 Announcement before entry
119 Details of monitoring warrant to be given to occupier etc. before entry
120 Use of electronic equipment in exercising monitoring powers
121 Compensation for damage to electronic equipment
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Division 5—Occupier’s rights and responsibilities
122 Occupier entitled to be present during execution of monitoring warrant
123 Occupier to provide authorised officer with all facilities and assistance
124 Offences related to warrants
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Division 6—Warrants
125 Monitoring warrants
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Part 12—Secrecy
126 Persons to whom Part applies
127 Information may be recorded or divulged only for purposes of Act
128 Court may not require information or documents
129 Information may be divulged to persons performing duties under this Act
130 Information may be divulged to court for purposes of this Act
131 Information may be divulged with consent of the subject of the information
132 Information may be divulged to specified persons or bodies
133 Australian Bureau of Statistics to observe secrecy requirements
134 Regulator may publish certain information
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Part 13—Registers
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Division 1—General
135 Registers to be maintained
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Division 2—The register of registered persons
136 Contents of register of registered persons
137 Form of register
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Division 3—The register of accredited power stations
138 Contents of register of accredited power stations
139 Form of register
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Division 4—The register of renewable energy certificates
140 Contents of register of renewable energy certificates
141 Form of register
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Division 5—The register of applications for accredited power stations
141A Contents of register of applications for accredited power stations
141B Form of register
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Part 14—Renewable Energy Regulator and Office of the Renewable Energy Regulator
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Division 1—Renewable Energy Regulator
142 Renewable Energy Regulator
143 Appointment of Regulator
144 Remuneration of Regulator
145 Recreation leave etc.
146 Resignation
147 Removal from office etc.
148 Acting appointment
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Division 2—Office of the Renewable Energy Regulator
149 Establishment
150 Function
151 Staff
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Part 15—Offences
152 Application of Criminal Code
153 False or misleading information
154 Failure to provide documents
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Part 16—Miscellaneous
155 Contracting outsiders
156 Delegation
157 Appropriation
158 Judicial notice of signature
159 Evidence
160 Records to be kept and preserved by registered persons and liable entities
161 Regulations
162 Review of operation of Act
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Part 17—Application of Act to 2001
163 Object of Part
164 Modification of references to a year
165 Modification of other references