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VICTORIAN RENEWABLE ENERGY ACT 2006
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purpose
2. Commencement
3. Definitions
4. Objects
5. Approved interstate renewable energy regime
6. Crown to be bound
7. Extra-territorial operation
PART 2--RENEWABLE ENERGY CERTIFICATES
Division 1--Registration of persons
8. Who may apply to be registered?
9. ESC may require further information and undertakings from applicants
10. ESC to approve or refuse application
11. ESC to allocate registration numbers
Division 2--Provisional accreditation of power stations
12. Application for provisional accreditation of a relevant power station
13. ESC may give provisional accreditation
14. Time limit for deciding applications
Division 3--Accreditation of power stations
15. Application for accreditation
16. ESC may require further information and undertakings from applicants
17. ESC to decide certain matters
18. ESC to approve or refuse application
19. Time limit for deciding applications
20. Nominated person for accredited power station
21. ESC to allocate identification codes
22. What is an eligible renewable energy source?
23. What is not an eligible renewable energy source?
24. Specification of energy sources as eligible renewable energy sources
25. ESC rules may provide for or in relation to meaning of energy sources
Division 4--Creation of certificates
26. Creating certificates for additional renewable electricity
27. When certificates may be created
28. Certificates must not be created if Commonwealth certificates already created
29. Electricity generation returns
30. When a certificate may be created
31. How many certificates may be created
32. Who may create a certificate?
33. No other certificates to be created
34. Certificates must not be created if Commonwealth certificates already created
35. Election to not create certificates under this Subdivision
36. Small generation unit returns
37. No certificates can be created on or after 1 February 2010
38. Improper creation of certificates—offences
Division 5--Form and registration of certificates
39. Form and content of certificates—accredited power stations
40. Form and content of certificates—small generation units
41. Certificates must be registered
Division 6--Transfer of certificates
42. Certificates may be transferred
43. ESC to be notified
Division 7--Retirement of certificates
44. Owner may surrender certificate
45. Retirement of certificates
Division 8--Suspension of registration
46. Suspension of registration—conviction for improper creation of certificates
47. Suspension of registration—other grounds
Division 9--Changing the nominated person for an accredited power station
48. Changing the nominated person for an accredited power station
Division 10--Varying what constitutes a power station
49. Varying what constitutes an accredited power station
Division 11--Suspending the accreditation of a relevant power station
50. Suspending the accreditation of a relevant power station—interconnected power stations
51. Suspending the accreditation of a power station—other grounds
52. Suspending the accreditation of a power station—circumstances specified by Governor in Council
Division 12--Varying pre-scheme capacity and scheme capacity
53. Varying pre-scheme capacity and scheme capacity
PART 3--ACQUISITIONS OF ELECTRICITY
54. What is a standard scheme acquisition?
55. What is a notional scheme acquisition?
56. What is an excluded acquisition?
57. Specification of standard scheme acquisitions and notional scheme acquisitions as excluded acquisitions
58. Special provision for transactions involving AEMO
59. ESC rules to determine amount of electricity acquired
PART 4--RENEWABLE ENERGY CERTIFICATE SHORTFALL
Division 1--Prohibition of renewable energy certificate shortfall
60. Who is a relevant entity?
61. Prohibition of renewable energy certificate shortfall
62. Civil penalty for shortfall
63. Shortfall penalty rate
64. Determination of renewable energy certificate shortfall
Division 2--Renewable power percentage
65. Renewable power percentage
66. Required GWh of electricity from eligible renewable energy sources
PART 5--STATEMENTS AND SURRENDER OF CERTIFICATES
67. Annual energy acquisition statements
68. Fees for surrender of certificates
69. Restrictions on certificates that can be surrendered
PART 6--CIVIL ENFORCEMENT
Division 1--Renewable energy shortfall penalty
70. Shortfall statement
71. Application for declaration and order for payment of shortfall penalty
Division 2--Surrender of additional certificates where undertaking breached
72. Certificate surrender notice
73. Application for declaration and order requiring surrender of certificates
Division 3--Surrender of additional certificates following improper creation of certificates
74. ESC may require surrender of certificates following improper creation of certificates
PART 7--REVIEW OF ESC DECISIONS
75. Review of decisions
PART 8--ROLE OF ESC
76. Role of ESC
77. ESC must publish certain information
78. Annual report
PART 9--REGISTERS
Division 1--General
79. Registers to be maintained
Division 2--The register of registered persons
80. Register of registered persons
Division 3--The register of accredited power stations
81. Register of accredited power stations
Division 4--The register of renewable energy certificates
82. Register of renewable energy certificates
Division 5--The register of applications for accredited power stations
83. Contents of register of applications for accredited power stations
Division 6--Form of registers
84. Form of registers
PART 10--INFORMATION-GATHERING POWERS
85. ESC may obtain information and documents
86. Failure to comply with notice
87. Protection against self-incrimination
88. Copies of documents
89. ESC may retain documents
PART 11--POWERS OF AUTHORISED OFFICERS
Division 1--Appointment of authorised officers and identity cards
90. Appointment of authorised officers
91. Identity cards
Division 2--Powers of authorised officer
92. When may powers be exercised?
93. Entry to premises
94. Information to be provided to occupier on entry
95. Entry with consent
96. Entry with monitoring warrant
97. Monitoring powers of authorised officers
98. Authorised officer may ask for information
99. Authorised officer may require information
100. Failure to produce documents or answer questions
101. Protection against self-incrimination
Division 3--Occupiers' rights and responsibilities
102. Occupier may be present during execution of warrant
103. Occupier to provide authorised officer with assistance
Division 4--Monitoring warrants
104. Monitoring warrants
PART 12--CONFIDENTIALITY
105. Disclosure of information and offence
106. Information may be disclosed to specified persons or bodies
PART 13--GENERAL
Division 1--General offences
107. False or misleading information
108. Failure to provide documents
109. Offences by bodies corporate
Division 2--Evidence and records
110. Evidence
111. Records to be kept by registered persons and relevant entities
Division 3--Fees
112. Fees
Division 4--ESC rules
113. ESC rules
Division 5--Review of Act
114. Review of operation of Act
PART 14--TRANSITIONAL
115. Undertakings given before commencement of Victorian Renewable Energy Amendment Act 2009
SCHEDULE
ENDNOTES
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