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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Energy Efficiency Shortfalls)
Bill 2009
A BILL FOR
An Act to amend the Electricity Act 1996 and the Gas
Act 1997.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Electricity
Act 1996
4 Insertion of section
94B
94B Energy efficiency shortfalls
Part 3—Amendment of Gas
Act 1997
5 Insertion of section
91A
91A Energy efficiency shortfalls
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Energy Efficiency
Shortfalls) Act 2009.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Electricity
Act 1996
After section 94A insert:
94B—Energy efficiency
shortfalls
(1) Subject to this section, if the Commission is satisfied that a
relevant electricity retailer has an energy efficiency shortfall (or REES
shortfall) with respect to a particular year, the Commission may recover
an amount in respect of the shortfall (a shortfall
penalty).
(2) The amount that the Commission may recover as a shortfall penalty from
the relevant electricity retailer in respect of a REES shortfall will
be—
(a) the prescribed base penalty; and
(b) an additional amount, calculated in accordance with the regulations,
to reflect the extent of the shortfall.
(3) The Commission may not proceed to recover a shortfall penalty from a
relevant electricity retailer under this section unless the Commission has
served on the retailer a notice (a shortfall
notice)—
(a) stating that the retailer has a REES shortfall and the grounds on
which the shortfall has been determined; and
(b) setting out—
(i) the prescribed base penalty; and
(ii) the calculation used by the Commission to arrive at the amount
payable under subsection (2)(b).
(4) A shortfall notice must include, or be accompanied by, a statement
advising that the relevant electricity retailer may, by written notice to the
Commission served within a period specified by the Commission, elect to be
prosecuted in respect of the shortfall as an alternative to paying the shortfall
penalty.
(5) The period specified by the Commission under subsection (4) must
be at least 21 days from the date of service of the shortfall notice on the
relevant electricity retailer.
(6) If the relevant electricity retailer elects to be prosecuted within
the time specified under subsection (4), the Commission may not proceed to
recover the shortfall penalty specified in the shortfall notice.
(7) If the relevant electricity retailer does not elect to be prosecuted
within the time specified under subsection (4), the Commission may proceed
to recover the shortfall penalty specified in the shortfall notice.
(8) The Commission may, if it thinks fit, by subsequent
notice—
(a) withdraw a shortfall notice;
(b) issue a new shortfall notice in place of an existing notice,
on account of recalculations undertaken by the Commission (and this section
will apply to any new shortfall notice published under this subsection as if the
original notice had not been issued).
(9) Subject to subsection (10), nothing in this section prevents the
commencement of criminal proceedings at any time in relation to a contravention
of this Act but if such proceedings are commenced then the Commission may not
commence or continue proceedings to recover a shortfall penalty under this
section in respect of the conduct to which the criminal proceedings
relate.
(10) If a shortfall penalty specified in a shortfall notice is paid by the
relevant electricity retailer (other than where the payment is made in response
to an original shortfall notice after a new shortfall notice is served on the
retailer), the retailer cannot be prosecuted in relation to the relevant
contravention of the Act.
(11) Subject to the preceding subsections, the Commission may recover the
amount of any shortfall penalty as a debt from the relevant electricity
retailer.
(12) For the purposes of this section—
(a) a relevant electricity retailer has an energy efficiency shortfall if
the retailer has failed to engage, in accordance with and to the extent required
by the regulations, in activities relating to energy efficiency identified by
the regulations for the purposes of this section; and
(b) the extent of an energy efficiency shortfall is to be calculated in
accordance with the regulations.
(13) This section extends to an energy efficiency shortfall occurring in
2009 (including a shortfall that is attributable to requirements arising before
the commencement of this section).
(14) In this section—
prescribed base penalty means an amount, not exceeding
$100 000, prescribed by the regulations for the purposes of this
section;
relevant electricity retailer means an electricity entity
that is authorised to sell electricity by retail identified by the regulations
for the purposes of this section.
Part 3—Amendment
of Gas Act 1997
After section 91 insert:
91A—Energy efficiency
shortfalls
(1) Subject to this section, if the Commission is satisfied that a
relevant gas retailer has an energy efficiency shortfall (or REES
shortfall) with respect to a particular year, the Commission may recover
an amount in respect of the shortfall (a shortfall
penalty).
(2) The amount that the Commission may recover as a shortfall penalty from
the relevant gas retailer in respect of a REES shortfall will
be—
(a) the prescribed base penalty; and
(b) an additional amount, calculated in accordance with the regulations,
to reflect the extent of the shortfall.
(3) The Commission may not proceed to recover a shortfall penalty from a
relevant gas retailer under this section unless the Commission has served on the
retailer a notice (a shortfall notice)—
(a) stating that the retailer has a REES shortfall and the grounds on
which the shortfall has been determined; and
(b) setting out—
(i) the prescribed base penalty; and
(ii) the calculation used by the Commission to arrive at the amount
payable under subsection (2)(b).
(4) A shortfall notice must include, or be accompanied by, a statement
advising that the relevant gas retailer may, by written notice to the Commission
served within a period specified by the Commission, elect to be prosecuted in
respect of the shortfall as an alternative to paying the shortfall
penalty.
(5) The period specified by the Commission under subsection (4) must
be at least 21 days from the date of service of the shortfall notice on the
relevant gas retailer.
(6) If the relevant gas retailer elects to be prosecuted within the time
specified under subsection (4), the Commission may not proceed to recover
the shortfall penalty specified in the shortfall notice.
(7) If the relevant gas retailer does not elect to be prosecuted within
the time specified under subsection (4), the Commission may proceed to
recover the shortfall penalty specified in the shortfall notice.
(8) The Commission may, if it thinks fit, by subsequent
notice—
(a) withdraw a shortfall notice;
(b) issue a new shortfall notice in place of an existing notice,
on account of recalculations undertaken by the Commission (and this section
will apply to any new shortfall notice published under this subsection as if the
original notice had not been issued).
(9) Subject to subsection (10), nothing in this section prevents the
commencement of criminal proceedings at any time in relation to a contravention
of this Act but if such proceedings are commenced then the Commission may not
commence or continue proceedings to recover a shortfall penalty under this
section in respect of the conduct to which the criminal proceedings
relate.
(10) If a shortfall penalty specified in a shortfall notice is paid by the
relevant gas retailer (other than where the payment is made in response to an
original shortfall notice after a new shortfall notice is served on the
retailer), the retailer cannot be prosecuted in relation to the relevant
contravention of the Act.
(11) Subject to the preceding subsections, the Commission may recover the
amount of any shortfall penalty as a debt from the relevant gas
retailer.
(12) For the purposes of this section—
(a) a relevant gas retailer has an energy efficiency shortfall if the
retailer has failed to engage, in accordance with and to the extent required by
the regulations, in activities relating to energy efficiency identified by the
regulations for the purposes of this section; and
(b) the extent of an energy efficiency shortfall is to be calculated in
accordance with the regulations.
(13) This section extends to an energy efficiency shortfall occurring in
2009 (including a shortfall that is attributable to requirements arising before
the commencement of this section).
(14) In this section—
prescribed base penalty means an amount, not exceeding
$100 000, prescribed by the regulations for the purposes of this
section;
relevant gas retailer means a gas entity that is authorised
to sell gas by retail identified by the regulations for the purposes of this
section.