Electricity Supply Act 1995

The Minister may, by order published in the Gazette, waive, or suspend for a specified period, the obligation of a scheme participant to meet its individual energy savings target or remedy a carried forward shortfall, but only if it appears to the Minister that a scheme participant is or will be unable to meet the individual energy savings target or remedy the carried forward shortfall because of—

a systems or other failure of the register of energy savings certificates kept under this Part, or

any other emergency affecting the integrity of the register or the energy savings scheme.

An order may—

be made subject to conditions, and

apply to all scheme participants or to a specified class of participants, and

specify the effect of the waiver or suspension on any other rights conferred or obligations imposed under this Part.

The Minister may, by order published in the Gazette, reduce the individual energy savings target of a small retailer by a specified percentage for a specified year if it appears to the Minister that small retailers generally are, or will be, unable to meet the individual energy savings target because of an emergency affecting the State or part of the State.

If the reduction under subclause (2A) results in a fraction of a notional megawatt hour, the fractional amount is to be rounded up or down to the nearest whole notional megawatt hour (and, if the amount to be rounded is half a notional megawatt hour, is to be rounded up).

An order made under subclause (2A) may—

be made subject to conditions, and

apply to all small retailers or to a specified class of small retailers.

An order takes effect on the day on which it is published in the Gazette or, if a later day is specified in the order, on that day.

In this clause—

supplies electricity to no more than 5,000 end users in this State, and

makes liable acquisitions not exceeding 30,000 megawatt hours of electricity.