25—Energy efficiency activities for priority group households
(1) A retailer to which this Part applies must, subject to subregulation (2), undertake energy efficiency activities sufficient to achieve any PGGGRT that applies to the retailer for a year (as adjusted to take into account any shortfall added under subregulation (3)).
(2) It is not a breach of subregulation (1) if a retailer undertakes energy efficiency activities in a year sufficient to achieve at least 90% of a PGGGRT that applies to the retailer for that year.
(3) Despite subregulation (2), where a retailer fails to achieve a PGGGRT in a year the greenhouse gas reduction shortfall for priority group households must be added to a PGGGRT that applies to the retailer in a subsequent year.
(a) a retailer undertakes energy efficiency activities in a year sufficient to achieve at least 90% of a PGGGRT for that year but does not achieve the PGGGRT; and
(b) in the subsequent calendar year this Part no longer applies to the retailer because the retailer retails gas to fewer than the threshold number of residential customers set by the Minister under regulation 16(3),
the retailer must undertake energy efficiency activities in the subsequent year to account for its greenhouse gas reduction shortfall for priority group households from the previous year.
(5) If—
(a) a retailer fails to achieve its PGGGRT with respect to any year; and
(b) the retailer—
(i) pays a shortfall penalty in accordance with the requirements of section 91A of the Act with respect to that failure; or
(ii) is subject to a penalty on account of a prosecution in respect of that failure,
the greenhouse gas reduction shortfall for priority group households to which the shortfall penalty or prosecution relates will no longer apply to the retailer.
(6) In this regulation—
"greenhouse gas reduction shortfall for priority group households means the difference (expressed in tonnes of carbon dioxide equivalent) between a PGGGRT that applies to the retailer for a year and the actual tonnes of carbon dioxide equivalent taken to have been saved by that retailer in that year through the conduct of energy efficiency activities for priority group households.