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RENEWABLE ENERGY (ELECTRICITY) ACT 2000 NO. 174, 2000
TABLE OF PROVISIONS
Long Title
PART 1--PRELIMINARY
1. Short title
2. Commencement
3. Object/outline
4. Years to which this Act applies
5. Definitions
6. Act binds Crown
7. Application to the external Territories
7A. Tax deductibility
PART 2--RENEWABLE ENERGY CERTIFICATES
Division 1--Preliminary
8. Overview of Part
Division 2--Registration of generators etc.
9. Who can register
10. Applying for registration
11. Regulator to approve or refuse application
12. Regulator to allocate registration numbers
Division 3--Accreditation of eligible power stations
13. Application for accreditation
14. Regulator to determine certain matters
15. Regulator to approve or refuse application
16. Regulator to allocate identification codes
17. What is an eligible renewable energy source?
Division 4--Creation of certificates
18. Creating certificates for additional renewable
19. When certificates may be created
20. Electricity generation return
21. When a certificate may be created
22. How many certificates may be created
23. Who may create a certificate
23A. When a certificate may be created
23B. How many certificates may be created
23C. Who may create a certificate
23D. No other certificates to be created
24. Improper creation of certificatesoffences
Division 5--Form and registration of certificates
25. Form and content of certificates
26. Certificates must be registered
Division 6--Transfer of certificates
27. Certificates may be transferred
28. Regulator to be notified
Division 7--Retirement of certificates
29. Retirement of certificates
Division 8--Suspension of registration
30. Suspension of registration
PART 3--ACQUISITION OF ELECTRICITY
31. What are relevant acquisitions?
32. Wholesale acquisitions
33. Notional wholesale acquisitions
34. Special provision relating to transactions involving
PART 4--RENEWABLE ENERGY SHORTFALL CHARGE
Division 1--Liability to charge
35. Liable entities
36. Charge payable by liable entity
37. Amount of charge
38. Determination of renewable energy certificate shortfall
Division 2--Renewable power percentage
39. Regulations to specify renewable power percentage
40. Required GWh of renewable source electricity
Division 3--Other provisions related to the charge
41. Arrangements to avoid or reduce renewable energy shortfall
42. Application of Act to Commonwealth
43. Cancellation of exemptions from charges
PART 5--STATEMENTS AND ASSESSMENTS
Division 1--Statements
44. Annual energy acquisition statements
45. Restrictions on certificates that can be surrendered
46. Annual renewable energy shortfall statements
Division 2--Assessments
47. First renewable energy shortfall statement for year taken to be
48. Default assessments
49. Amendment of assessments
50. Refund of overpaid amounts
51. Amended assessment to be an assessment
52. Notice of assessment
53. Validity of assessment
PART 6--OBJECTIONS, REVIEWS AND APPEALS
Division 1--Objections to and review of assessments
54. Objections
55. How objections are to be made
56. Limited objection rights in the case of certain amended
57. Applications for extension of time
58. Regulator to decide objections
59. Person may require Regulator to make an objection
60. Liable entity may seek review of, or appeal against, Regulator's
61. Grounds of objection and burden of proof
62. Time limit for appeals
63. Order of Federal Court on objection decision
64. Implementation of Federal Court order in respect of objection
65. Pending appeal not to affect implementation of decisions
Division 2--Review of other decisions
66. Review of decisions
PART 7--COLLECTION, RECOVERY AND REFUNDING OF CHARGE
Division 1--General rules about collection and recovery
67. When renewable energy shortfall charge becomes due and
68. When additional renewable energy shortfall charge becomes due and
69. Extension of time for payment
70. Penalty for unpaid renewable energy shortfall charge related
71. Recovery of renewable energy shortfall charge related
72. Service of documents if a person is absent from Australia or
Division 2--Special rules about collection and recovery
73. Regulator may collect amounts from third party
74. Notice to Commonwealth, State or Territory
75. Indemnity
76. Offence
77. Liquidator's obligation
78. Offence
79. Joint liability of 2 or more liquidators
80. Liquidator's other obligation or liability
81. Receiver's obligation
82. Offence
83. Joint liability of 2 or more receivers
84. Receiver's other obligation or liability
85. Obligation of agent winding up business for non-resident
86. Offence
87. Joint liability of 2 or more agents
88. Agent's other obligation or liability
89. Administered estate
90. Unadministered estate
Division 3--Other matters
91. What this Division is about
92. Right of recovery if another person is liable
93. Right of contribution if persons are jointly liable
94. Regulator may authorise amount to be recovered
PART 8--REFUNDING CHARGE
95. Refunding charge in later years
96. Value of certificates surrendered
97. Certificates can only be surrendered if there is no
98. Refund of charge where certificates surrendered
PART 9--PENALTY CHARGE
99. Failure to provide statements or information
100. False or misleading statements
101. Penalty renewable energy shortfall charge where arrangement to
102. Assessment of additional renewable energy shortfall
103. Remitting additional renewable energy shortfall charge
PART 10--ADMINISTRATION
104. General administration of Act
105. Annual report
PART 11--AUDIT
Division 1--Overview
106. Overview of Part
Division 2--Appointment of authorised officers and identity cards
107. Appointment of authorised officers
108. Identity cards
109. Offences related to identity cards
Division 3--Powers of authorised officer
110. Authorised officer may enter premises by consent or under
111. Monitoring powers of authorised officers
112. Authorised officer may request or require persons to answer
113. Failure to provide information to authorised officer
114. False or misleading evidence
115. False or misleading documents
Division 4--Obligations and incidental powers of authorised officers
116. Authorised officer must produce identity card on
117. Consent
118. Announcement before entry
119. Details of monitoring warrant to be given to occupier etc. before
120. Use of electronic equipment in exercising monitoring
121. Compensation for damage to electronic equipment
Division 5--Occupier's rights and responsibilities
122. Occupier entitled to be present during execution of monitoring
123. Occupier to provide authorised officer with all facilities and
124. Offences related to warrants
Division 6--Warrants
125. Monitoring warrants
PART 12--SECRECY
126. Persons to whom Part applies
127. Information may be recorded or divulged only for purposes of
128. Court may not require information or documents
129. Information may be divulged to persons performing duties under
130. Information may be divulged to court for purposes of this
131. Information may be divulged with consent of the subject of the
132. Information may be divulged to specified persons or
133. Australian Bureau of Statistics to observe secrecy
134. Regulator may publish certain information
PART 13--REGISTERS
Division 1--General
135. Registers to be maintained
Division 2--The register of registered persons
136. Contents of register of registered persons
137. Form of register
Division 3--The register of accredited power stations
138. Contents of register of accredited power stations
139. Form of register
Division 4--The register of renewable energy certificates
140. Contents of register of renewable energy certificates
141. Form of register
Division 5--The register of applications for accredited power stations
141A. Contents of register of applications for accredited power
141B. Form of register
PART 14--RENEWABLE ENERGY REGULATOR AND OFFICE OF THE RENEWABLE ENERGY REGULATOR
Division 1--Renewable Energy Regulator
142. Renewable Energy Regulator
143. Appointment of Regulator
144. Remuneration of Regulator
145. Recreation leave etc.
146. Resignation
147. Removal from office etc.
148. Acting appointment
Division 2--Office of the Renewable Energy Regulator
149. Establishment
150. Function
151. Staff
PART 15--OFFENCES
152. Application of Criminal Code
153. False or misleading information
154. Failure to provide documents
PART 16--MISCELLANEOUS
155. Contracting outsiders
156. Delegation
157. Appropriation
158. Judicial notice of signature
159. Evidence
160. Records to be kept and preserved by registered persons and liable
161. Regulations
162. Review of operation of Act
PART 17--APPLICATION OF ACT TO 2001
163. Object of Part
164. Modification of references to a year
165. Modification of other references
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