Renewable Energy (Electricity) Act 2000

The Regulator may amend an energy acquisition statement for a year if the liable entity requests, in writing, an amendment within 12 months of lodging the statement.

An amendment of an energy acquisition statement under this section may also result in the Regulator issuing an assessment under section 48 or 48B or amending an assessment under section 49.

If the Regulator refuses to amend an energy acquisition statement under subsection (1) upon a request by a liable entity, the Regulator must notify the entity accordingly.

The liable entity may, under subsection (1), request an amendment to its energy acquisition statement for a year to:

surrender additional large‑scale renewable energy certificates for the year (subject to section 45D); or

surrender additional small‑scale technology certificates for the fourth quarter of the year (subject to section 45D).

Small‑scale technology certificates for the first 3 quarters of the year are surrendered by notices under paragraph 45(1)(a). Those notices cannot be amended.

This subsection does not limit the kinds of amendment that the liable entity may request.

The request must include details of the additional certificates (the identified certificates) that the liable entity wishes to surrender for the year or the quarter.

If the Regulator agrees to the request (in whole or in part) the Regulator must, by notice in writing to the liable entity, advise the entity of:

the number of the identified certificates in relation to which the following subparagraphs are satisfied:

the Regulator agrees to make the amendment to surrender the certificates;

the certificates (taking account of section 45D) are able to be surrendered for the year or the quarter; and

the fee payable by the entity under section 45E in respect of the surrender of the certificates (the agreed certificates) in relation to which subparagraphs (a)(i) and (ii) are satisfied.

A notice under subsection (5) is not a legislative instrument.

Subject to subsection (8), the agreed certificates are taken to have been surrendered when the Regulator makes the amendment of the energy acquisition statement.

If the agreed certificates are small‑scale technology certificates, then, for the purpose of determining the number of such certificates surrendered by the entity during the surrender period for the fourth quarter, the certificates are taken to have been surrendered during that period.

An energy acquisition statement cannot be amended under this section to reduce the number of certificates previously surrendered.