Commonwealth Consolidated Acts Commonwealth Consolidated Acts
Renewable Energy (Electricity) Act 2000
1 Section 11
Repeal the section, substitute:
11 Regulator to refuse or approve application
(1) If the Regulator receives an application that is properly made under section 10, the Regulator must:
(a) approve the application; or
(b) refuse the application.
(2) The Regulator may refuse the application if the Regulator is satisfied that the applicant is not a fit and proper person.
(2A) For the purposes of subsection (2), in determining whether the applicant is a fit and proper person, the Regulator:
(a) must have regard to the matters specified in regulations made for the purposes of this subsection; and
(b) may have regard to such other matters (if any) as the Regulator considers relevant.
(3) The Regulator must refuse the application if the Regulator is satisfied that the applicant has previously been a registered person.
2 At the end of section 23AAA
Add:
(3) A report of an inspection carried out in accordance with regulations made under subsection (1) may set out:
(a) conclusions; or
(b) recommendations; or
(c) other material;
that is or are relevant to the performance of the functions, or the exercise of the powers, conferred on the Regulator by section 26.
(4) Subsection (3) does not limit the matters that may be set out in a report.
Note: Inspections carried out in accordance with regulations made under subsection (1):
(a) may be relevant in determining whether a certificate is eligible for registration under section 26 (see subsection 26(3AA)); and
(b) provide an indication of the effectiveness of the process for the registration of certificates.
3 After subsection 26(3)
Insert:
(3AA) In determining whether a certificate is eligible for registration, the Regulator must have regard to any relevant:
(a) conclusions; or
(b) recommendations; or
(c) other material;
set out in a report of an inspection carried out in accordance with regulations made under subsection 23AAA(1).
Note: Subsection 23AAA(1) deals with the inspection of the installation of small generation units.
(3AB) Subsection (3AA) does not limit the matters to which regard may be had.
4 After subsection 26(3A)
Insert:
(3B) The amount of a fee prescribed under subsection (3A) must be reasonably related to the expenses incurred, or to be incurred, by the Commonwealth in connection with:
(a) the performance of the Regulator's functions, or the exercise of the Regulator's powers, under this section; and
(b) the carrying out of inspections in accordance with regulations made under subsection 23AAA(1), to the extent to which the inspections are relevant to the performance of the functions, or the exercise of the powers, conferred on the Regulator by this section; and
(c) the preparation of reports of inspections carried out in accordance with regulations made under subsection 23AAA(1), to the extent to which such reports set out:
(i) conclusions; or
(ii) recommendations; or
(iii) other material;
that is or are relevant to the performance of the functions, or the exercise of the powers, conferred on the Regulator by this section.
(3C) A fee prescribed under subsection (3A) must not be such as to amount to taxation.
5 At the end of section 30A
Add:
Prescribed ground
(5) The Regulator may, by written notice, suspend the registration of a registered person if the Regulator is satisfied that the registered person is not a fit and proper person.
(5A) For the purposes of subsection (5), in determining whether the registered person is a fit and proper person, the Regulator:
(a) must have regard to the matters specified in regulations made for the purposes of this subsection; and
(b) may have regard to such other matters (if any) as the Regulator considers relevant.
(6) The registration is suspended for such period (including permanently) as the Regulator considers appropriate in all of the circumstances. That period must be specified in the notice.
6 Application--registration under the Renewable Energy (Electricity) Act 2000
The amendment of Division 2 of Part 2 of the Renewable Energy (Electricity) Act 2000 made by this Schedule applies in relation to applications for registration made after the commencement of this item.