New South Wales Consolidated Acts

ELECTRICITY SUPPLY ACT 1995 - SECT 97HA

97HA Scheme Administrator

(1) The functions of the Scheme Administrator under this Part are to be exercised by a person or body appointed by the Minister to exercise those functions or, in the absence of such an appointment, the Tribunal.

(2) In determining whether to appoint a person or body to exercise the functions of Scheme Administrator, the Minister must consider the following matters--

(a) the efficient costs of any such appointment,

(b) the efficiency of administrative arrangements relating to the abatement certificate scheme,

(c) ability to meet greenhouse objectives,

(d) proposed governance arrangements,

(e) arrangements proposed to manage liabilities associated with carrying out the Scheme Administrator's functions.

(3) The Scheme Administrator has the following functions--

(a) the functions conferred by this Act relating to the abatement certificate scheme established by this Part,

(b) to monitor, and to report to the Minister on, the extent to which accredited abatement certificate providers comply with this Act, the regulations, the greenhouse gas benchmark rules and any conditions of accreditation,

(c) to conduct audits, or require the conduct of audits, for the purposes of this Part,

(d) such other functions as are conferred or imposed on it by or under this Act or any other Act or law.

(4) If the Scheme Administrator is appointed by the Minister, the Scheme Administrator also has such other functions as are conferred or imposed on it by the Minister under the terms of its appointment as Scheme Administrator.

(5) For the purpose of enabling the Scheme Administrator to exercise its functions, the Minister must furnish the Scheme Administrator with such information in the possession of the Minister as the Scheme Administrator may request in relation to the compliance by accredited abatement certificate providers with this Part.

(6) The Scheme Administrator may, with the approval of the Minister, delegate the exercise of its functions under this Part, other than this power of delegation, to any other person or body.

(7) The Scheme Administrator, and any person acting under the direction of the Scheme Administrator, is not liable in any civil proceedings for anything done or omitted to be done in good faith in the exercise or purported exercise of any function conferred or imposed by or under this Act.

(8) The regulations may make provision for or with respect to the appointment of a Scheme Administrator by the Minister.

(9) The Minister may appoint more than one person or body to exercise the functions of the Scheme Administrator and may appoint different persons or bodies to exercise particular functions of the Scheme Administrator. In such a case, a reference in this Act to the Scheme Administrator, in relation to any functions of the Scheme Administrator, is a reference to the person or body appointed to exercise those functions (or, in the absence of such an appointment, the Tribunal).