Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
"1997 eligible renewable power baseline" has the meaning given by section 14.
"2008 WCMG limit" has the meaning given by section 14.
"accredited power station" means a power station accredited under Division 3 of Part 2.
"additional surrender notice" has the meaning given by section 45C.
"AEMO" has the same meaning as in the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia.
"Agriculture Department" means the Department responsible for administering the Primary Industries Levies and Charges Collection Act 1991 .
"air source heat pump" water heater means a device that uses a vapour compression cycle incorporating a compressor, an evaporator that collects energy from the latent and sensible heat of the atmosphere and a condenser that delivers heat either directly or indirectly to a hot water storage container.
"arrangement" means:
(a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; and
(b) any scheme, plan, proposal, action, course of action or course of conduct.
"assessment year's reduced acquisitions" has the meaning given by section 38AA.
"Australia" , when used in a geographical sense, includes all the external Territories.
"Australia's greenhouse gas emissions reduction targets" means:
(a) if:
(i) Australia's current nationally determined contribution was communicated in accordance with Article 4 of the Paris Agreement in June 2022; and
(ii) that nationally determined contribution has not been adjusted in accordance with paragraph 11 of Article 4 of the Paris Agreement;
the greenhouse gas emissions reduction targets set out in paragraphs 10(1)(a) and (b) of the Climate Change Act 2022 ; or
(b) in any other case--the greenhouse gas emissions reduction targets included in:
(i) Australia's current nationally determined contribution communicated in accordance with Article 4 of the Paris Agreement; or
(ii) if that nationally determined contribution has been adjusted in accordance with paragraph 11 of Article 4 of the Paris Agreement--that nationally determined contribution, as adjusted and in force from time to time.
"authorised Commonwealth" contractor means a person who:
(a) provides, or proposes to provide, services to the Commonwealth under a contract; and
(b) is authorised, in writing, by the Regulator for the purposes of this definition.
"carried forward shortfall" has the meaning given by subsection 36(2).
"carried forward surplus" has the meaning given by section 38.
"certificate" means a renewable energy certificate.
"civil penalty order" has the meaning given by subsection 154B(2).
"civil penalty provision" means a provision declared by this Act to be a civil penalty provision.
"clearing house" has the meaning given by section 30J.
"clearing house price" has the meaning given by section 30LA.
"clearing house transfer list" has the meaning given by subsection 30L(2).
"constitutional corporation" means a corporation to which paragraph 51(xx) of the Constitution applies.
"CSC" (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011 .
"ecologically sustainable" means that an action is consistent with the following principles of ecologically sustainable development:
(a) decision - making processes should effectively integrate both long - term and short - term economic, environmental, social and equitable considerations;
(b) if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation;
(c) the principle of inter - generational equity, which is that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations;
(d) the conservation of biological diversity and ecological integrity should be a fundamental consideration in decision - making;
(e) improved valuation, pricing and incentive mechanisms should be promoted.
"electricity generation return" has the meaning given by section 20.
"electronic signature" of a person means the person's unique identification in an electronic form that is approved by the Regulator under subsection (3).
"eligible energy sources" means:
(a) eligible renewable energy sources; or
(b) eligible WCMG.
"eligible renewable energy source" has the meaning given by section 17.
"eligible WCMG" has the meaning given by section 17A.
"emissions-intensive trade-exposed activity" means an activity prescribed by regulations made for the purposes of this definition.
"energy acquisition statement" has the meaning given by section 44.
"engage in conduct" means:
(a) do an act; or
(b) omit to do an act.
"executive officer" of a body corporate means:
(a) a director of the body corporate; or
(b) the chief executive officer (however described) of the body corporate; or
(c) the chief financial officer (however described) of the body corporate; or
(d) the secretary of the body corporate.
"exemption" , in relation to a liable entity, means an exemption for a year, calculated under section 38B, that is used in working out the entity's large - scale generation shortfall or small - scale technology shortfall for the year.
"exemption certificate" means a certificate issued under section 46B.
"Federal Court" means the Federal Court of Australia.
"Finance Minister" means the Minister administering the Public Governance, Performance and Accountability Act 2013 .
"first quarter" has the meaning given by section 38AA.
"fourth quarter" has the meaning given by section 38AA.
"general interest charge rate" , for a day, is the rate that is the general interest charge rate for that day for the purposes of the Taxation Administration Act 1953 .
"government body" means the Commonwealth, a State, a Territory or an authority of the Commonwealth or of a State or Territory.
"GST" has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (including as provided by section 177 - 1 of that Act).
Note: Section 177 - 1 of the A New Tax System (Goods and Services Tax) Act 1999 provides for the Commonwealth's notional liability to pay GST.
"GST inclusive clearing house price" has the meaning given by section 30LA.
"GWh" means gigawatt hour.
"interest charge" means the charge payable under section 70.
"kW" means kilowatt.
"large-scale generation certificate" means a certificate created under Subdivision A of Division 4 of Part 2.
Note: These certificates relate to generation of electricity by accredited power stations.
"large-scale generation shortfall" has the meaning given by section 38.
"large-scale generation shortfall charge" has the meaning given by section 36.
"large-scale generation shortfall statement" has the meaning given by section 46.
"liable entity" has the meaning given by section 35.
"monitoring warrant" means a warrant issued under section 125.
"MW" means megawatt.
"MWh" means megawatt hour.
"National Electricity Rules" means the National Electricity Rules, as in force from time to time, made under the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia.
"nominated person" , for an accredited power station, means:
(a) if no approvals have been given under section 30B in relation to the power station--the person who made the application for accreditation; or
(b) if one or more approvals have been given under that section in relation to the power station--the last person so approved.
"objection decision" has the meaning given by section 58.
"occupier" , in relation to premises, includes a person present at the premises who is in apparent control of the premises.
"offence against this Act" includes:
(a) an offence against the regulations; and
(b) an offence against section 134.1, 134.2, 135.1, 135.2, 135.4, 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act or the regulations.
"official of the Regulator" has the same meaning as in the Clean Energy Regulator Act 2011 .
"outstanding renewable energy shortfall charge related liability" of a person at a particular time means a renewable energy shortfall charge related liability of the person:
(a) that has arisen at or before that time (whether or not it is due and payable at that time); and
(b) an amount of which has not been paid before that time.
"Paris Agreement" means the Paris Agreement, done at Paris on 12 December 2015, as amended and in force for Australia from time to time.
Note: The Agreement is in Australian Treaty Series 2016 No. 24 ([2016] ATS 24) and could in 2022 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
"penalty charge" means the charge payable under Part 9.
"premises" includes the following:
(a) a structure, building or vehicle;
(b) a place (whether enclosed or built on or not);
(c) a part of a thing referred to in paragraph (a) or (b).
"previous year's reduced acquisitions" has the meaning given by section 38AA.
Note: See also sections 38AF, 38AG and 38AH.
"produce" includes permit access to.
"quarter" has the meaning given by section 38AA.
"quarterly shortfall" has the meaning given by section 38AE.
"quarterly surplus" has the meaning given by section 38AE.
"registered person" means a person registered under Division 2 of Part 2.
"register of accredited power stations" has the meaning given by section 138.
"register of applications for accredited power stations" has the meaning given by section 141A.
"register of large-scale generation certificates" has the meaning given by section 140.
"register of registered persons" has the meaning given by section 136.
"register of small-scale technology certificates" has the meaning given by section 141AA.
"registration number" has the meaning given by section 12.
"Regulator" means the Clean Energy Regulator.
"relevant acquisition" has the meaning given by section 31.
"renewable energy certificate" means a large - scale generation certificate or a small - scale technology certificate.
"renewable energy shortfall charge" means large - scale generation shortfall charge or small - scale technology shortfall charge.
"renewable energy shortfall charge related liability" means a pecuniary liability to the Commonwealth (including a liability the amount of which is not yet due and payable) being:
(a) renewable energy shortfall charge; or
(b) interest charge; or
(c) penalty charge.
"renewable energy shortfall statement" means a large - scale generation shortfall statement or a small - scale technology shortfall statement.
"renewable power percentage" means the percentage prescribed under section 39.
"required GWh of renewable source electricity" has the meaning given by section 40.
"required large-scale renewable energy" has the meaning given by section 38.
"required surrender amount" has the meaning given by section 38AE.
"second quarter" has the meaning given by section 38AA.
"senior employee" , in relation to an authorised Commonwealth contractor, means an employee of the contractor, where the skills and responsibilities that are expected of the employee are equivalent to, or exceed, the skills and responsibilities expected of at least one of the senior officers of the Regulator.
"senior officer" of the Regulator means a person who:
(a) is a member of the staff of the Regulator; and
(b) either:
(i) is an SES employee or acting SES employee; or
(ii) holds or performs the duties of an Executive Level 2 position or an equivalent position.
"small generation unit" means a device that generates electricity that is specified by the regulations to be a small generation unit.
"small-scale technology certificate" means a certificate created under Subdivision B or BA of Division 4 of Part 2 or under section 30P.
Note 1: Certificates created under Subdivision B or BA of Division 4 of Part 2 relate to the installation of solar water heaters and small generation units.
Note 2: Certificates created under section 30P are created by the Regulator for purchase through the clearing house.
"small-scale technology percentage" has the meaning given by section 40A.
"small-scale technology shortfall" has the meaning given by section 38AD.
"small-scale technology shortfall charge" has the meaning given by section 38AB.
"small-scale technology shortfall statement" has the meaning given by section 46.
"solar water heater" means a device that heats water using solar energy that satisfies any conditions set out in the regulations.
"staff of the Regulator" has the same meaning as in the Clean Energy Regulator Act 2011 .
"stakeholder" , in relation to an accredited power station, means:
(a) a person who operates the power station (whether alone or together with one or more other persons); or
(b) a person who owns all, or a part, of the power station (whether alone or together with one or more other persons).
"surrendered amount" has the meaning given by section 38AE.
"surrender instrument" has the meaning given by subsection 45(1).
"surrender period" has the meaning given by section 38AA.
"taxable supply" has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (including as provided by section 177 - 1 of that Act).
Note: Section 177 - 1 of the A New Tax System (Goods and Services Tax) Act 1999 provides for the Commonwealth's notional liability to pay GST.
"third quarter" has the meaning given by section 38AA.
"warrant premises" , in relation to a monitoring warrant, means the premises to which the warrant relates.
(2) For the purposes of this Act, electricity is taken to be a good that can be acquired.
(3) The Regulator may, in writing, approve an electronic form for the purposes of the definition of electronic signature in subsection (1).