Victorian Numbered Acts

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VICTORIAN RENEWABLE ENERGY ACT 2006 (NO 72 OF 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
           Subdivision

           1--Electricity Generation
   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  
           Subdivision
           2--Small Generation Units
   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  
           Subdivision
           3--End of Right to Create Certificates
   37.     No certificates can be created on or after 1 January 2031  
           Subdivision
           4--Improper Creation of Certificates
   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 NEMMCO  
   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

              Subdivision 1--When may
              Powers be Exercised

   92.     When may powers be exercised?  
           Subdivision
           2--Monitoring Powers
   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  

              Subdivision 3--Powers to
              Ask Questions and Seek Production of Documents

   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  
   114.    Review of operation of Act  

   PART 14--AMENDMENT OF ESSENTIAL SERVICES COMMISSION ACT 2001

   115.    Functions  
   116.    New section 10C inserted  
   117.    Delegation  
           SCHEDULE
           ENDNOTES

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