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ELECTRICITY SUPPLY ACT 1995 - SECT 97EF
Scheme Administrator may require surrender of certificates
97EF Scheme Administrator may require surrender of certificates
(1) The Scheme Administrator may, by order in writing to a person, require the
person to surrender to the Scheme Administrator, within a period specified in
the order, a number of abatement certificates specified in the order.
(2) An
order may be made against a person under this section only if the person is
found guilty of-- (a) an offence against section 97DD (5), or
(b) an offence
against section 97J (1).
(3) In the case of an order made against a person
found guilty of an offence against section 97J (1), the Scheme Administrator
is to require the surrender of a number of certificates that is equivalent to
the number of abatement certificates that, in the opinion of the Scheme
Administrator, were created by the person in contravention of section 97J and
registered under this Part. Note : The purpose of the order is to remove from
circulation a number of abatement certificates that is equivalent to the
number of certificates improperly created by a person, so that the improper
creation of those certificates does not result in the State greenhouse gas
benchmarks being exceeded.
(4) In any other case where an order is made under
this section, the Scheme Administrator is to determine the number of
certificates to be surrendered in accordance with the regulations.
(5)
Abatement certificates surrendered by the person for the purpose of compliance
with an order under this section are to be cancelled by the Scheme
Administrator.
(6) A certificate surrendered under an order under this
section is not to be counted toward compliance with a person's greenhouse gas
benchmark or greenhouse shortfall. Accordingly, sections 97BD and 97BE do not
apply in respect of certificates surrendered for the purpose of compliance
with an order under this section.
(7) A person must not fail to comply with
an order under this section. : Maximum penalty--1,000 penalty units, and an
additional 1 penalty unit for each certificate the person fails to surrender
in accordance with the order.
(8) If a person fails to comply with an order
under this section, the Scheme Administrator may cancel any abatement
certificates in respect of which the person is registered under this Part as
the owner.
(9) For avoidance of doubt, it is not an excuse for a failure to
comply with an order under this section that the person who is the subject of
the order does not, at the time the order is made, hold a sufficient number of
abatement certificates to comply with the order. Note : If the person who is
the subject of the order does not hold a sufficient number of certificates to
comply with the order, the person may obtain the required number by purchasing
them.
(10) The regulations may make provision for or with respect to orders
under this section.
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