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This Act may be cited as the Renewable Energy (Electricity) Act 2000.
This Act commences 28 days after the day on which it receives the Royal Assent.
The objects of this Act are:
to encourage the additional generation of electricity from renewable sources; and
to reduce emissions of greenhouse gases in the electricity sector; and
to ensure that renewable energy sources are ecologically sustainable; and
to contribute to the achievement of Australia’s greenhouse gas emissions reduction targets.
This is done through the issuing of certificates for the generation of electricity using eligible renewable energy sources and requiring certain purchasers (called liable entities) to surrender a specified number of certificates for the electricity that they acquire during a year.
Where a liable entity does not have enough certificates to surrender, the liable entity will have to pay renewable energy shortfall charge.
An exemption relating to one or more emissions‑intensive trade‑exposed activities may be taken into account in working out a liable entity’s renewable energy certificate shortfall for a year. If it is, it will reduce the renewable energy shortfall charge otherwise payable.
This Act applies to the year commencing on 1 January 2001 and to all subsequent years. However, no certificates can be created, and no liability arises, in respect of electricity generated on or after 1 January 2031.
In this Act, unless the contrary intention appears:
1997 eligible renewable power baseline has the meaning given by section 14.
2008 WCMG limit has the meaning given by section 14.
accredited power station means a power station accredited under Division 3 of Part 2.
additional surrender notice has the meaning given by section 45C.
AEMO has the same meaning as in the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia.
Agriculture Department means the Department responsible for administering the Primary Industries Levies and Charges Collection Act 2024.
air source heat pump water heater means a device that uses a vapour compression cycle incorporating a compressor, an evaporator that collects energy from the latent and sensible heat of the atmosphere and a condenser that delivers heat either directly or indirectly to a hot water storage container.
arrangement means:
any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; and
any scheme, plan, proposal, action, course of action or course of conduct.
assessment year’s reduced acquisitions has the meaning given by section 38AA.
Australia, when used in a geographical sense, includes all the external Territories.
Australia’s greenhouse gas emissions reduction targets means:
if:
Australia’s current nationally determined contribution was communicated in accordance with Article 4 of the Paris Agreement in June 2022; and
that nationally determined contribution has not been adjusted in accordance with paragraph 11 of Article 4 of the Paris Agreement;
the greenhouse gas emissions reduction targets set out in paragraphs 10(1)(a) and (b) of the Climate Change Act 2022; or
in any other case—the greenhouse gas emissions reduction targets included in:
Australia’s current nationally determined contribution communicated in accordance with Article 4 of the Paris Agreement; or
if that nationally determined contribution has been adjusted in accordance with paragraph 11 of Article 4 of the Paris Agreement—that nationally determined contribution, as adjusted and in force from time to time.
authorised Commonwealth contractor means a person who:
provides, or proposes to provide, services to the Commonwealth under a contract; and
is authorised, in writing, by the Regulator for the purposes of this definition.
carried forward shortfall has the meaning given by subsection 36(2).
carried forward surplus has the meaning given by section 38.
certificate means a renewable energy certificate.
civil penalty order has the meaning given by subsection 154B(2).
civil penalty provision means a provision declared by this Act to be a civil penalty provision.
clearing house has the meaning given by section 30J.
clearing house price has the meaning given by section 30LA.
clearing house transfer list has the meaning given by subsection 30L(2).
constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011.
ecologically sustainable means that an action is consistent with the following principles of ecologically sustainable development:
decision‑making processes should effectively integrate both long‑term and short‑term economic, environmental, social and equitable considerations;
if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation;
the principle of inter‑generational equity, which is that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations;
the conservation of biological diversity and ecological integrity should be a fundamental consideration in decision‑making;
improved valuation, pricing and incentive mechanisms should be promoted.
electricity generation return has the meaning given by section 20.
electronic signature of a person means the person’s unique identification in an electronic form that is approved by the Regulator under subsection (3).
eligible energy sources means:
eligible renewable energy sources; or
eligible WCMG.
eligible renewable energy source has the meaning given by section 17.
eligible WCMG has the meaning given by section 17A.
emissions‑intensive trade‑exposed activity means an activity prescribed by regulations made for the purposes of this definition.
energy acquisition statement has the meaning given by section 44.
energy storage system has the meaning given by the regulations.
engage in conduct means:
do an act; or
omit to do an act.
executive officer of a body corporate means:
a director of the body corporate; or
the chief executive officer (however described) of the body corporate; or
the chief financial officer (however described) of the body corporate; or
the secretary of the body corporate.
exemption, in relation to a liable entity, means an exemption for a year, calculated under section 38B, that is used in working out the entity’s large‑scale generation shortfall or small‑scale technology shortfall for the year.
exemption certificate means a certificate issued under section 46B.
Federal Court means the Federal Court of Australia.
Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.
first quarter has the meaning given by section 38AA.
fourth quarter has the meaning given by section 38AA.
general interest charge rate, for a day, is the rate that is the general interest charge rate for that day for the purposes of the Taxation Administration Act 1953.
government body means the Commonwealth, a State, a Territory or an authority of the Commonwealth or of a State or Territory.
GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (including as provided by section 177‑1 of that Act).
Section 177‑1 of the A New Tax System (Goods and Services Tax) Act 1999 provides for the Commonwealth’s notional liability to pay GST.
GST inclusive clearing house price has the meaning given by section 30LA.
GWh means gigawatt hour.
interest charge means the charge payable under section 70.
kW means kilowatt.
large‑scale generation certificate means a certificate created under Subdivision A of Division 4 of Part 2.
These certificates relate to generation of electricity by accredited power stations.
large‑scale generation shortfall has the meaning given by section 38.
large‑scale generation shortfall charge has the meaning given by section 36.
large‑scale generation shortfall statement has the meaning given by section 46.
liable entity has the meaning given by section 35.
monitoring warrant means a warrant issued under section 125.
MW means megawatt.
MWh means megawatt hour.
National Electricity Rules means the National Electricity Rules, as in force from time to time, made under the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia.
nominated person, for an accredited power station, means:
if no approvals have been given under section 30B in relation to the power station—the person who made the application for accreditation; or
if one or more approvals have been given under that section in relation to the power station—the last person so approved.
objection decision has the meaning given by section 58.
occupier, in relation to premises, includes a person present at the premises who is in apparent control of the premises.
offence against this Act includes:
an offence against the regulations; and
an offence against section 134.1, 134.2, 135.1, 135.2, 135.4, 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act or the regulations.
official of the Regulator has the same meaning as in the Clean Energy Regulator Act 2011.
outstanding renewable energy shortfall charge related liability of a person at a particular time means a renewable energy shortfall charge related liability of the person:
that has arisen at or before that time (whether or not it is due and payable at that time); and
an amount of which has not been paid before that time.
Paris Agreement means the Paris Agreement, done at Paris on 12 December 2015, as amended and in force for Australia from time to time.
The Agreement is in Australian Treaty Series 2016 No. 24 ([2016] ATS 24) and could in 2022 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
penalty charge means the charge payable under Part 9.
premises includes the following:
a structure, building or vehicle;
a place (whether enclosed or built on or not);
a part of a thing referred to in paragraph (a) or (b).
previous year’s reduced acquisitions has the meaning given by section 38AA.
See also sections 38AF, 38AG and 38AH.
produce includes permit access to.
quarter has the meaning given by section 38AA.
quarterly shortfall has the meaning given by section 38AE.
quarterly surplus has the meaning given by section 38AE.
registered person means a person registered under Division 2 of Part 2.
register of accredited power stations has the meaning given by section 138.
register of applications for accredited power stations has the meaning given by section 141A.
register of large‑scale generation certificates has the meaning given by section 140.
register of registered persons has the meaning given by section 136.
register of small‑scale technology certificates has the meaning given by section 141AA.
registration number has the meaning given by section 12.
Regulator means the Clean Energy Regulator.
relevant acquisition has the meaning given by section 31.
renewable energy certificate means a large‑scale generation certificate or a small‑scale technology certificate.
renewable energy shortfall charge means large‑scale generation shortfall charge or small‑scale technology shortfall charge.
renewable energy shortfall charge related liability means a pecuniary liability to the Commonwealth (including a liability the amount of which is not yet due and payable) being:
renewable energy shortfall charge; or
interest charge; or
penalty charge.
renewable energy shortfall statement means a large‑scale generation shortfall statement or a small‑scale technology shortfall statement.
renewable power percentage means the percentage prescribed under section 39.
required GWh of renewable source electricity has the meaning given by section 40.
required large‑scale renewable energy has the meaning given by section 38.
required surrender amount has the meaning given by section 38AE.
second quarter has the meaning given by section 38AA.
senior employee, in relation to an authorised Commonwealth contractor, means an employee of the contractor, where the skills and responsibilities that are expected of the employee are equivalent to, or exceed, the skills and responsibilities expected of at least one of the senior officers of the Regulator.
senior officer of the Regulator means a person who:
is a member of the staff of the Regulator; and
either:
is an SES employee or acting SES employee; or
holds or performs the duties of an Executive Level 2 position or an equivalent position.
small generation unit means a device that generates electricity that is specified by the regulations to be a small generation unit.
small‑scale technology certificate means a certificate created under Subdivision B or BA of Division 4 of Part 2 or under section 30P.
Certificates created under Subdivision B or BA of Division 4 of Part 2 relate to the installation of solar water heaters and small generation units.
Certificates created under section 30P are created by the Regulator for purchase through the clearing house.
small‑scale technology percentage has the meaning given by section 40A.
small‑scale technology shortfall has the meaning given by section 38AD.
small‑scale technology shortfall charge has the meaning given by section 38AB.
small‑scale technology shortfall statement has the meaning given by section 46.
solar water heater means a device that heats water using solar energy that satisfies any conditions set out in the regulations.
staff of the Regulator has the same meaning as in the Clean Energy Regulator Act 2011.
stakeholder, in relation to an accredited power station, means:
a person who operates the power station (whether alone or together with one or more other persons); or
a person who owns all, or a part, of the power station (whether alone or together with one or more other persons).
surrendered amount has the meaning given by section 38AE.
surrender instrument has the meaning given by subsection 45(1).
surrender period has the meaning given by section 38AA.
taxable supply has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (including as provided by section 177‑1 of that Act).
Section 177‑1 of the A New Tax System (Goods and Services Tax) Act 1999 provides for the Commonwealth’s notional liability to pay GST.
third quarter has the meaning given by section 38AA.
warrant premises, in relation to a monitoring warrant, means the premises to which the warrant relates.
For the purposes of this Act, electricity is taken to be a good that can be acquired.
The Regulator may, in writing, approve an electronic form for the purposes of the definition of electronic signature in subsection (1).
This Act binds the Crown in each of its capacities.
This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.
This Act extends to every external Territory.
To avoid doubt, a charge or penalty under this Act is not tax deductible for the purposes of any law dealing with income tax.
To the extent that this Act applies in relation to a constitutional corporation, the operation of this Act is based on the following legislative powers:
the legislative power that the Commonwealth Parliament has under paragraph 51(xx) of the Constitution;
any other legislative power that the Commonwealth Parliament has under the Constitution.
A constitutional corporation need not comply with any law of a State that substantially corresponds to this Act.
This Part provides for the creation, trading and extinguishing of renewable energy certificates.
There are 2 types of renewable energy certificates:
large‑scale generation certificates, which are created in relation to the generation of electricity by accredited power stations; and
small‑scale technology certificates, which are created in relation to the installation of solar water heaters and small generation units.
The certificates are used to avoid or reduce the amount of renewable energy shortfall charge that liable entities who acquire electricity have to pay. The liable entities will generally acquire the certificates by purchasing them.
The certificates are created by people who generate power from accredited power stations using eligible energy sources where the amount generated exceeds the relevant 1997 eligible renewable power base line. The certificates are also created for approved installations of solar water heaters or small generation units.
A person needs to be registered under Division 2 before they can create a certificate.
Division 2A provides for provisional accreditation of power stations.
A power station needs to be accredited under Division 3 before a certificate can be issued in relation to power generated by it.
A certificate must be registered when it is created. Every transfer of the certificate must also be registered.
When a certificate has been surrendered by a liable party, it ceases to be valid.
See also Part 2A (clearing house for small‑scale technology certificates), which:
provides a clearing house facility for the transfer of small‑scale technology certificates; and
gives the Regulator a limited power to create or cancel small‑scale technology certificates.
Any person may be registered under this Act.
However, if a person’s registration has been suspended under section 30 or 30A, the person cannot be registered during the period of the suspension.