Renewable Energy (Electricity) Act 2000

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

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

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

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

the Regulator is satisfied that more large‑scale generation 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.

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.

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).

Two or more power stations form a group of interconnected power stations if:

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

the amount of electricity generated by each power station during a year using that supply is able to be coordinated in order to allow more large‑scale generation 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.

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.

In considering whether the outcomes referred to in paragraphs (1)(b) and (c) were or were not the result of a gaming arrangement, the Regulator must have regard to any matter prescribed by the regulations for the purposes of this subsection.

The Regulator may have regard to such other matters as the Regulator thinks appropriate.

A gaming arrangement is an arrangement to coordinate the amount of electricity generated by each power station in the group during the year using the relevant supply in order to allow more large‑scale generation 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.