For regulation 12 of the Victorian Energy Efficiency Target Regulations 2008 [1] substitute —
(1) For the purpose of the definition of scheme acquisition in section 3(1) of the Act, the following customers are prescribed—
(a) subject to subregulation (2), customers to whom a relevant entity sells electricity in Victoria; and
(b) subject to subregulations (2) and (3), customers to whom a relevant entity sells gas in Victoria.
(2) A customer to whom a relevant entity sells electricity or gas in Victoria is not a prescribed customer in relation to particular premises if—
(a) the electricity or gas is sold to the customer as the occupier of those premises; and
(b) there is an entry in relation to those premises on the register of scheduled activities within the meaning of section 26G of the Environment Protection Act 1970 .
Note
The register of scheduled activities can be viewed at http://www.epa.vic.gov.au
(3) A customer to whom a relevant entity sells gas in Victoria is not a prescribed customer if the customer—
(a) is engaged in the activity of owning, controlling or operating a gas-fired electricity generator connected to the interconnected national electricity system; and
(b) is, for the purposes of section 11(1) of the National Electricity (Victoria) Law, either—
(i) a Registered participant in relation to that activity; or
(ii) exempt from the requirement to be a Registered participant in relation to that activity.".
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