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VICTORIAN ENERGY EFFICIENCY TARGET ACT 2007
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purpose
2. Commencement
3. Definitions
3A. Meaning of scheme participant
4. Objects
5. Crown to be bound
6. Extra-territorial operation
6A. Relevant legislation
PART 2--ADMINISTRATION
7. Role of ESC
7A. Publishing and reporting information about certificate transfers
7B. ESC may provide advice and support
8. Approved interstate energy efficiency regime
PART 3--ENERGY EFFICIENCY CERTIFICATES
Division 1--Accredited persons
9. Who may apply to be accredited?
9A. Timing of application for renewal
9B. Application for renewal made after expiry
9C. No application if suspended or disqualified
10. ESC may require consent or undertaking from applicant for accreditation
10A. ESC may request further information from applicant
10B. Fit and proper person
10C. Competent and capable person
11. ESC to approve or refuse application
12. Time limit for deciding applications
13. ESC to allocate accreditation numbers
13A. Notice of approval or refusal of application
13B. Period of accreditation
13C. Conditions of accreditation
13D. Application to vary conditions of accreditation
14. Suspension or cancellation of accreditation or disqualification from applying for accreditation
14A. Notice of proposed action
14AB. Immediate suspension and notice of proposed action
14AC. Request for extension of time for submissions
14AD. Request by ESC for further information
14AE. Protection against self-incrimination
14AF. Time for making determination
14AG. Decision of ESC
14B. ESC may impose conditions at end of suspension
14C. Request to cancel accreditation
14D. Duty to disclose matters adverse to accreditation
14E. Protection against self-incrimination
14F. Continuing professional development obligations
14G. Prescribed code of conduct
14H. Offence to contravene prescribed code of conduct requirement
Division 2--Prescribed activities
15. Prescribed activities
15A. Offence to undertake prescribed activity without accreditation
15B. Offence to undertake prescribed activity on behalf of person without accreditation
Division 3--Creation of certificates
16. Who may create a certificate?
17. When can a certificate be created?
18. How many certificates may be created in respect of a prescribed activity
19. Declaration of discount factors
20. Offences relating to creation of certificates
20A. Offence to create certificate in certain circumstances
Division 4--Form, registration, expiry and transfer of certificates
21. Form and content of certificates
22. Certificates must be registered
23. Expiry of certificate
24. Certificates may be transferred
Division 5--Retirement of certificates
25. Owner may surrender certificate voluntarily
26. Retirement of certificates
Division 6--VEET scheme registry accounts
26A. Application for VEET scheme registry account
26B. Approval of application
26C. Conditions of approval
26D. Suspension of VEET scheme registry account
26E. Notice of proposed action
26F. Immediate suspension and notice of proposed action
26G. Request for extension of time for submissions
26H. Request by ESC for further information
26I. Protection against self-incrimination
26J. Time for making decision
26K. Decision of ESC after giving notice
26L. ESC may impose conditions at end of suspension
26M. Cancellation of VEET scheme registry account
26N. Permission to transfer or surrender certificates while account cancelled or suspended
26O. Offence to hold certificate without account
26P. Offence to transfer or surrender certificate in certain circumstances
PART 4--ENERGY EFFICIENCY CERTIFICATE SHORTFALL AND VEET SCHEME TARGET
27. Energy efficiency certificate shortfall
28. Civil penalty for shortfall
29. Calculation of energy efficiency certificate shortfall
30. VEET scheme target
31. Greenhouse gas emissions liability for relevant entity
32. Greenhouse gas reduction rates
32A. Effect of specified Order made under section 32
PART 5--STATEMENTS AND SURRENDER OF CERTIFICATES
33. Annual energy acquisition statements
34. Restrictions on certificates that can be surrendered
35. Fees for surrender of certificates
PART 6--ENFORCEMENT
36. Shortfall statement
37. Application for declaration and order for payment of shortfall penalty
37A. Offence to contravene shortfall statement
38. Certificate surrender notice
39. Application for declaration and order requiring surrender of certificates
40. ESC may require surrender of certificates if certificates improperly created
40A. ESC may give warning or impose condition
PART 6A--CIVIL PENALTY REQUIREMENTS
40B. Civil penalty requirements
40C. Notice penalties
40D. Contravening a civil penalty provision is not an offence
PART 7--POWERS OF AUTHORISED OFFICERS
Division 1--Appointment of authorised officers
41. Appointment of authorised officers
42. Identity cards
Division 2--Powers of authorised officer
43. When may powers be exercised?
44. Entry to premises
45. Information to be provided to occupier on entry
46. Entry with consent
47. Entry with monitoring warrant
48. Monitoring powers of authorised officers
49. Authorised officer may ask for information
50. Authorised officer may require information
51. Failure to produce documents or answer questions
52. Protection against self-incrimination
Division 3--Occupiers' rights and responsibilities
53. Occupier may be present during execution of warrant
54. Occupier to provide authorised officer with assistance
Division 4--Monitoring warrants
55. Monitoring warrants
PART 7A--AUDITS
Division 1--Compliance audits
55A. Compliance audit
55B. Notice of compliance audit by ESC
55C. Report of compliance audit by ESC
55D. Notice of compliance audit by independent auditor
55E. Independent auditor must comply with guidelines
55F. Obligations of accredited person
Division 2--Assurance audits
55G. Assurance audit
55H. Notice of assurance audit by independent auditor
55I. Independent auditor must comply with guidelines
55J. Obligations of accredited person
55K. Schedule for conduct of assurance audits
Division 3--Auditor requirements
55L. List of independent auditors
55M. Appointment of independent auditor
Division 4--Other matters relating to audits
55N. Offence to provide false or misleading information to auditor
55O. Offence to withhold information from auditor
55P. Protection against self-incrimination
55Q. Conditions or restrictions of accreditation
55R. ESC may publish audit information
PART 8--GENERAL
Division 1--Review of decisions
56. Review of decisions by ESC
56A. Conduct of internal review
56B. Review of decisions by VCAT
56C. Person must seek internal review first
56D. Proceedings for review by VCAT
56E. ESC to give effect to VCAT decisions
Division 2--Registers
57. Registers to be maintained
58. Register of accredited persons
59. Register of energy efficiency certificates
Division 3--Information provisions
60. ESC may obtain information and documents
61. Failure to comply with notice
62. Protection against self-incrimination
63. Copies of documents
64. ESC may retain documents
65. Disclosure of information an offence
66. Information may be disclosed to specified persons or bodies
67. ESC must publish certain information
Division 4--General offences
68. False or misleading information
69. Failure to provide documents
70. Offences by bodies corporate
70A. Proceedings for offences
Division 5--Evidence and records
71. Evidence
72. Records to be kept by accredited persons and relevant entities
Division 6--Fees
73. Fees
Division 7--ESC guidelines
74. ESC guidelines
Division 8--Regulations
75. Regulations
75A. Regulations dealing with transitional matters
Division 9--Review of Act
76. Review of operation of Act
Division 10--Savings and transitionals
76A. Accreditation transition period
76B. Expiry of accreditation during accreditation transition period
76C. Application for renewal of accreditation during accreditation transition period
76D. VEET scheme registry account transition period
76E. VEET scheme registry account transition period—existing certificate holders
76F. Savings provision—Victorian Energy Efficiency Target Amendment Act 2022
77. Savings provision—Essential Services Commission (Compliance and Enforcement Powers) Amendment Act 2021
78. Reviewable decisions—Victorian Energy Efficiency Target Amendment Act 2022
78AA. References to revoke or revocation—Victorian Energy Efficiency Target Amendment Act 2022
78AB. Assurance audit schedule—Victorian Energy Efficiency Target Amendment Act 2022
SCHEDULE 1
ENDNOTES
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