Commonwealth Consolidated Acts

RENEWABLE ENERGY (ELECTRICITY) ACT 2000 - SECT 73

Amount recoverable under this Subdivision

  (1)   This Subdivision   applies if any of the following amounts (the debt ) is payable to the Commonwealth by a person (the debtor ) (whether or not the debt has become due and payable):

  (a)   an amount of a renewable energy shortfall charge related liability;

  (b)   a judgment debt for a renewable energy shortfall charge related liability;

  (c)   costs for such a judgment debt;

  (d)   an amount that a court has ordered the debtor to pay to the Regulator following the debtor's conviction for an offence against this Act, or following the making of a civil penalty order against the debtor.

Regulator may give notice to a person

  (2)   The Regulator may give a written notice to a person (the third party ) under this section if the third party owes or may later owe money to the debtor.

Third party regarded as owing money in these circumstances

  (3)   The third party is taken to owe money (the available money ) to the debtor if the third party:

  (a)   is a person by whom the money is due or accruing to the debtor; or

  (b)   holds the money for, or on account of, the debtor; or

  (c)   holds the money on account of some other person for payment to the debtor; or

  (d)   has authority from some other person to pay the money to the debtor.

The third party is so taken to owe the money to the debtor even if:

  (e)   the money is not due, or is not so held, or payable under the authority, unless a condition is fulfilled; and

  (f)   the condition has not been fulfilled.

How much is payable under the notice

  (4)   A notice under this section must:

  (a)   require the third party to pay to the Regulator the lesser of, or a specified amount not exceeding the lesser of:

  (i)   the debt; or

  (ii)   the available money; or

  (b)   if there will be amounts of the available money from time to time--require the third party to pay to the Regulator a specified amount, or a specified percentage, of each amount of the available money, until the debt is satisfied.

When amount must be paid

  (5)   The notice must require the third party to pay an amount under paragraph   (4)(a), or each amount under paragraph   (4)(b):

  (a)   immediately after; or

  (b)   at or within a specified time after;

the amount of the available money concerned becomes an amount owing to the debtor.

Debtor must be notified

  (6)   The Regulator must send a copy of the notice to the debtor.

Setting - off amounts

  (7)   If a person other than the third party has paid an amount to the Regulator that satisfies all or part of the debt:

  (a)   the Regulator must notify the third party of that fact; and

  (b)   any amount that the third party is required to pay under the notice is reduced by the amount so paid.