Electricity Supply Industry Act 1995

The Regulator must determine, for the purposes of section 44E(5), the feed-in tariff rate that applies in respect of premises in relation to a kilowatt hour.

The feed-in tariff rate in respect of premises in relation to a kilowatt hour may be a differential rate that varies according to either or both of the following:the class of premises; factors specified in the determination.

The feed-in tariff rate for standard feed-in tariff customers may be expressed as – a rate in relation to a kilowatt hour; or a method for determining a rate in relation to a kilowatt hour.

The Regulator may amend or revoke a determination under subsection (1).

The regulations may make provision in relation to – the making of determinations under this section; and the amending or revoking of determinations under this section; and the making of adjustments to determinations made under this section; and the charging to an electricity entity, or an authorised retailer, of costs incurred by the Regulator in exercising the Regulator's powers under this Division or the regulations.

The regulations may provide that the first determination to be made under subsection (1) is to be consistent with the recommendation, as to the rate to be paid by authorised retailers, that is made by the Regulator in the relevant report.

For the purposes of subsection (6), the relevant report is the report, made by the Regulator before the day on which this section commences, pursuant to a request, made to the Regulator by the Minister, for the Regulator to recommend the rate to be paid by authorised retailers to small customers in respect of premises from which electricity is supplied to a distribution network by a system – for the generation of electricity by solar, wind or water power; and that has – for a system that has a single-phase inverter, a total generation capacity of not more than 10kVA; or for a system that has a 3-phase inverter, a total generation capacity of not more than 30kVA.

A determination made under this section remains in force for the period determined in accordance with the regulations.

If the regulations make provision in relation to the making, amendment or revocation of a determination under this section, a determination under this section that is to be made, amended or revoked is to be, respectively, made, amended or revoked in accordance with the regulations.

The determination made under this section and issued on 30 May 2019 remains in force, despite any provision of the regulations, until 30 June 2022 with the following modifications:in clause 1 of the determination, for “30 June 2021” there is to be substituted “30 June 2022”; and in clause 2 of the determination, in the definition of relevant period, before “as relevant” there is to be inserted “and from 1 July 2021 to 30 June 2022”.