Records to be kept and preserved by registered persons, liable entities and holders of exemption certificates
160 Records to be kept and preserved by registered persons, liable entities and holders of exemption certificates
A person (the record‑keeper) who:
is a registered person; or
is a liable entity; or
has been issued with an exemption certificate;
must keep records that record and explain all transactions and other acts engaged in, or required to be engaged in, by the record‑keeper under this Act.
The records kept by a registered person must include any documents relevant to ascertaining:
the amount of electricity generated by the registered person during a year; and
the amount of that electricity that was generated from eligible energy sources; and
details of all large‑scale generation certificates and small‑scale technology certificates issued by the registered person during the year; and
any other prescribed matter.
The records kept by a liable entity must include any documents relevant to ascertaining:
the amount of electricity acquired by the liable entity under relevant acquisitions during a year; and
any other prescribed matter.
The records kept by a person who has been issued with an exemption certificate must include any documents relevant to ascertaining:
a matter to which the certificate relates; and
any other prescribed matter.
The records must be kept:
in writing in the English language or so as to enable the records to be readily accessible and convertible into writing in the English language; and
in the case of records kept by a liable entity—so that the liable entity’s liability under this Act can be readily ascertained; and
in the case of records kept by a person who has been issued with an exemption certificate—so that matters to which the certificate relates can be readily ascertained.
A record‑keeper who has possession of any records kept or obtained under or for the purposes of this Act must retain them until the end of 5 years after those records were prepared or obtained, or the completion of the transactions or acts to which those records relate, whichever is later.
Nothing in this section requires a record‑keeper to retain records if:
the Regulator has notified the record‑keeper that the retention of the records is not required; or
the record‑keeper is a company that has gone into liquidation and been finally dissolved.
A person commits an offence if the person fails to comply with a requirement under this section.
Penalty: 30 penalty units.
This provision refers to the regulations (prescribed matter
). Made under this Act:
- Renewable Energy (Electricity) Regulations 2001 · under s 161
This Act’s bill:Explanatory memorandumSecond reading speech
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