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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020-2021-2022
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Renewable Energy (Electricity)
Amendment (Cheaper Home Batteries)
Bill 2022
No. , 2022
(Dr Haines)
A Bill for an Act to amend the Renewable Energy
(Electricity) Act 2000, and for related purposes
No. , 2022
Renewable Energy (Electricity) Amendment (Cheaper Home Batteries)
Bill 2022
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Renewable Energy (Electricity) Act 2000
3
No. , 2022
Renewable Energy (Electricity) Amendment (Cheaper Home Batteries)
Bill 2022
1
A Bill for an Act to amend the Renewable Energy
1
(Electricity) Act 2000, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Renewable Energy (Electricity) Amendment
5
(Cheaper Home Batteries) Act 2022
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Renewable Energy (Electricity) Amendment (Cheaper Home Batteries)
Bill 2022
No. , 2022
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments
Schedule 1
No. , 2022
Renewable Energy (Electricity) Amendment (Cheaper Home Batteries)
Bill 2022
3
Schedule 1--Amendments
1
2
Renewable Energy (Electricity) Act 2000
3
1 Subsection 5(1)
4
Insert:
5
home battery
means a device that stores electricity that is specified
6
by the regulations to be a home battery.
7
2 Subsection 5(1) (definition of small-scale technology
8
certificate)
9
Omit "or BA", substitute ", BA or BAA".
10
3 Subsection 5(1) (note 1 to the definition of small-scale
11
technology certificate)
12
Omit "and small generation units", substitute ", small generation units
13
and home batteries".
14
4 Section 8
15
Omit "and small generation units", substitute ", small generation units
16
and home batteries".
17
5 Section 8
18
Omit "or small generation units", substitute ", small generation units or
19
home batteries".
20
6 Section 17B
21
Omit "and small generation units", substitute ", small generation units
22
and home batteries".
23
7 Section 17B
24
Omit "and BA", substitute ", BA and BAA".
25
8 Section 17B
26
Omit "or BA", substitute ", BA or BAA".
27
Schedule 1
Amendments
4
Renewable Energy (Electricity) Amendment (Cheaper Home Batteries)
Bill 2022
No. , 2022
9 After Subdivision BA of Division 4 of Part 2
1
Insert:
2
Subdivision BAA--Small-scale technology certificates for home
3
batteries
4
23EA Small-scale technology certificates
5
Certificates created under this Subdivision are small scale
6
technology certificates.
7
23EB When a certificate may be created
8
(1) If a home battery is installed:
9
(a) on or after the commencement of this subsection; and
10
(b) on or before 31 December 2030;
11
certificates may be created after the home battery is installed.
12
Note:
For offences and civil penalties related to the creation of certificates,
13
see Subdivision C.
14
(2) The regulations:
15
(a) may provide that certificates cannot be created in relation to a
16
home battery unless particular conditions are satisfied in
17
relation to the home battery or its installation; and
18
(b) without limiting paragraph (a), may:
19
(i) require information or documents to be given to the
20
Regulator in relation to a home battery or its
21
installation; and
22
(ii) provide that information or documents required to be
23
given to the Regulator must be verified by statutory
24
declaration.
25
(3) To avoid doubt, regulations under subsection (2) may impose
26
conditions to be complied with in relation to a home battery after
27
its installation.
28
Note:
For example, conditions may be imposed so that certificates cannot be
29
created in relation to a home battery:
30
(a) unless the home battery is regularly charged and used to supply
31
electricity; or
32
Amendments
Schedule 1
No. , 2022
Renewable Energy (Electricity) Amendment (Cheaper Home Batteries)
Bill 2022
5
(b) if the home battery is charged with electricity generated by a
1
small generation unit for which a certificate is or may be created
2
under Subdivision BA.
3
(4) The regulations may make provision in relation to the time at
4
which a home battery is taken to have been installed.
5
(5) A right to create certificates for a home battery arises within 12
6
months of the installation.
7
Note:
A certificate cannot be created on or after 1 January 2031: see
8
section 4.
9
(6) Certificates may be created for a particular home battery only at a
10
single time. The number of certificates created for a particular
11
home battery at the time certificates are created for the battery
12
must be the whole of the number of certificates that may be created
13
for the battery under section 23ED.
14
23EC Regulations to establish scheme for inspection of new
15
installations of home batteries
16
(1) The regulations must establish a scheme for the inspection of the
17
installation of home batteries for which certificates have been
18
created.
19
(2) Without limiting subsection (1), regulations made under that
20
subsection must provide:
21
(a) that each year a statistically significant selection of home
22
batteries that were installed during that year must be
23
inspected for conformance with Australian standards and any
24
other standards or requirements relevant to the creation of
25
certificates in relation to that home battery; and
26
(b) that an inspection of a home battery is to be carried out by a
27
person or organisation who:
28
(i) is independent of the person or organisation who
29
designed and/or installed that home battery; and
30
(ii) does not have a conflict of interest in relation to that
31
home battery or administration of the matters being
32
inspected; and
33
(c) for the transfer of information, about any failures to comply
34
with standards or other requirements relevant to the creation
35
Schedule 1
Amendments
6
Renewable Energy (Electricity) Amendment (Cheaper Home Batteries)
Bill 2022
No. , 2022
of certificates in relation to home batteries, to State, Territory
1
or Commonwealth bodies with responsibility for the
2
enforcement and administration of those standards or
3
requirements.
4
(3) A report of an inspection carried out in accordance with regulations
5
made under subsection (1) may set out:
6
(a) conclusions; or
7
(b) recommendations; or
8
(c) other material;
9
that is or are relevant to the performance of the functions, or the
10
exercise of the powers, conferred on the Regulator by section 26.
11
(4) Subsection (3) does not limit the matters that may be set out in a
12
report.
13
Note:
Inspections carried out in accordance with regulations made under
14
subsection (1):
15
(a) may be relevant in determining whether a certificate is eligible
16
for registration under section 26 (see subsection 26(3AA)); and
17
(b) provide an indication of the effectiveness of the process for the
18
registration of certificates.
19
23ED How many certificates may be created
20
The number of certificates, each representing 1 MWh, that may be
21
created in relation to a home battery is to be equal to the number
22
worked out by multiplying:
23
(a) the number determined in accordance with the regulations for
24
the battery; by
25
(b) the number specified in the following table for the year in
26
which the battery is installed.
27
28
Multipliers
Item
Column 1
Year home battery installed
Column 2
Multiplier
1
before 2026
15
2
2026
15
3
2027
14
4
2028
13
Amendments
Schedule 1
No. , 2022
Renewable Energy (Electricity) Amendment (Cheaper Home Batteries)
Bill 2022
7
Multipliers
Item
Column 1
Year home battery installed
Column 2
Multiplier
5
2029
12
6
2030
11
23EE Who may create a certificate
1
(1) The owner of the home battery at the time that a right to create a
2
certificate or certificates arises in relation to the home battery is
3
entitled to create the certificate or certificates.
4
(2) However, the owner may, by written notice and in accordance with
5
the regulations, assign the right to create the certificate or
6
certificates to another person. If the owner does this, the owner is
7
not entitled to create the certificate or certificates but the person to
8
whom the right was assigned is entitled to create the certificate or
9
certificates.
10
(3) Despite subsections (1) and (2), a person who is not registered may
11
not create a certificate that relates to the home battery.
12
(4) Regulations made for the purposes of subsection (2) may make
13
provision:
14
(a) in relation to when the right may be assigned; and
15
(b) in relation to the kind of persons to whom the right may be
16
assigned.
17
(5) Subsection (4) does not limit the regulations that may be made for
18
the purposes of subsection (2).
19
23EF No other certificates to be created
20
A person must not create certificates under Subdivision A in
21
respect of electricity supplied by a home battery, unless an election
22
is made under section 23EG in relation to that home battery.
23
Schedule 1
Amendments
8
Renewable Energy (Electricity) Amendment (Cheaper Home Batteries)
Bill 2022
No. , 2022
23EG Election to not create certificates under this Subdivision
1
(1) The owner of a qualifying home battery at the time that it is
2
installed may give the Regulator a notice in writing electing that
3
this Subdivision does not apply to the creation of certificates that
4
relate to the home battery.
5
Timing of election
6
(2) The owner must make the election within the period of 28 days
7
beginning on the day the home battery is installed and before any
8
certificates are created under this Subdivision that relate to the
9
home battery.
10
Effect of election
11
(3) If an election is made, a person must not create certificates under
12
this Subdivision that relate to the home battery.
13
Note:
A person may be able to create certificates under Subdivision A that
14
relate to the home battery.
15
Election cannot be altered
16
(4) An election must not be varied or revoked.
17
Definition
18
(5) In this section:
19
qualifying home battery
means a home battery of a kind prescribed
20
by the regulations for the purposes of this section.
21
10 Subdivision BB of Division 4 of Part 2 (heading)
22
Omit "
and small generation unit
", substitute "
, small generation unit
23
and home battery
".
24
11 Section 23F (heading)
25
Omit "
and small generation unit
", substitute "
, small generation unit
26
and home battery
".
27
Amendments
Schedule 1
No. , 2022
Renewable Energy (Electricity) Amendment (Cheaper Home Batteries)
Bill 2022
9
12 Subsection 23F(1)
1
Omit "and BA", substitute ", BA and BAA".
2
13 After paragraph 23F(2)(c)
3
Insert:
4
(ca) the number of certificates the person is entitled to create
5
under Subdivision BAA because of rights assigned to the
6
person under subsection 23EE(2) during the year; and
7
14 Section 24B (heading)
8
Omit "
or BA
", substitute "
, BA or BAA
".
9
15 Paragraph 24B(1)(a)
10
Omit "or a small generation unit", substitute ", a small generation unit
11
or a home battery".
12
16 Paragraph 24B(1)(c)
13
Omit "or BA", substitute ", BA or BAA".
14
17 Paragraphs 24B(1)(c) and (e) and 25A(2)(c) and (e)
15
Omit "or small generation unit", substitute ", small generation unit or
16
home battery".
17
18 Paragraph 25A(2)(f)
18
Omit "or that it was created in relation to a small generation unit",
19
substitute "that it was created in relation to a small generation unit, or
20
that it was created in relation to a home battery,".
21
19 Subsection 26(3AA)
22
After "subsection 23AAA(1)", insert "or 23EC(1)".
23
20 Subsection 26(3AA) (note)
24
After "Note", insert "1".
25
21 At the end of subsection 26(3AA)
26
Add:
27
Schedule 1
Amendments
10
Renewable Energy (Electricity) Amendment (Cheaper Home Batteries)
Bill 2022
No. , 2022
Note 2:
Subsection 23EC(1) deals with the inspection of the installation of
1
home batteries.
2
22 Paragraphs 26(3B)(b) and (c)
3
After "subsection 23AAA(1)", insert "or 23EC(1)".
4
23 Subparagraphs 30LA(3)(a)(ii), (iii) and (iv)
5
Omit "and solar water heaters" (wherever occurring), substitute ", solar
6
water heaters and home batteries".
7
24 At the end of Division 5 of Part 2A
8
Add:
9
30TA Home batteries
10
This Division does not apply in relation to a small-scale technology
11
certificate created under Subdivision BAA of Division 4 of Part 2
12
(about home batteries).
13
25 Paragraph 40A(3)(a)
14
Omit "and BA", substitute ", BA and BAA".
15
26 Subparagraph 40A(3)(d)(i)
16
Omit "and BA", substitute ", BA and BAA".
17
27 Subparagraph 141AA(c)(ii)
18
After "small generation unit", insert ", or that it was created in relation
19
to a home battery,".
20
28 After section 160B
21
Insert:
22
160C Review of operation of Subdivision BAA of Division 4 of Part 2
23
(1) The Minister must cause to be undertaken an independent review
24
of the operation of the scheme constituted by this Act, to the extent
25
the scheme relates to home batteries.
26
Amendments
Schedule 1
No. , 2022
Renewable Energy (Electricity) Amendment (Cheaper Home Batteries)
Bill 2022
11
Note:
Subdivision BAA of Division 4 of Part 2 provides for the creation of
1
small scale technology certificates for the installation of home
2
batteries.
3
(2) Without limiting the matters that the review may consider, the
4
review must consider the following:
5
(a) to the extent the scheme relates to home batteries--the
6
following:
7
(i) the effectiveness of the scheme in lowering the cost of
8
home batteries;
9
(ii) the effectiveness of the scheme in accelerating the
10
deployment of home batteries;
11
(iii) the impact of the scheme on electricity prices;
12
(iv) the distributional impacts of the scheme;
13
(v) whether the scheme (including the small-scale
14
technology shortfall charge) should be extended beyond
15
2030;
16
(b) other measures (whether or not relating to home batteries)
17
that should be put in place beyond 2030 in order to continue
18
to drive the deployment of technologies that lower household
19
power bills.
20
Conduct of review
21
(3) The review must commence:
22
(a) no sooner than 4 years after the commencement of this
23
section; and
24
(b) no later than 1 July 2028.
25
(4) The undertaking of the review must include public consultation.
26
Report
27
(5) The person or persons undertaking the review must give to the
28
Minister a written report of the review within 6 months after
29
commencing the review.
30
(6) The Minister must cause a copy of the report to be laid before each
31
House of the Parliament within 15 sitting days of that House after
32
the day on which the Minister receives the report
33
Schedule 1
Amendments
12
Renewable Energy (Electricity) Amendment (Cheaper Home Batteries)
Bill 2022
No. , 2022
Definitions
1
(7) In this section:
2
independent review
means a review undertaken by a person or
3
persons who, in the Minister's opinion, possess appropriate
4
qualifications to undertake the review.
5