Commonwealth Consolidated Acts

RENEWABLE ENERGY (ELECTRICITY) AMENDMENT ACT 2010 - SCHEDULE 2

Part   1 -- Provisions relating to main amendments

1   Definitions

In this Part:

amended REE Act means the REE Act as in force after the reform commencement .

old REE Act means the REE Act as in force immediately before the reform commencement .

REE Act means the Renewable Energy (Electricity) Act 2000 .

reform commencement means the commencement of Part   1 of Schedule   1.

reform transitional provisions means:

  (a)   the provisions of this Part; and

  (b)   any provisions of regulations made under Part   3 of this Schedule that relate to any of the amendments and repeals made by Part   1 of Schedule   1 .

Schedule   1 means Schedule   1 to this Act.

2   Application of amendments relating to liability to charge

The amendments made by items   59 to 89 of Schedule   1 apply in relation to liability to charge under the REE Act , and related matters, for the year starting on the reform commencement and later years.

3   Application of amendments relating to creation of certificates

Subject to the other reform transitional provisions , the amendments made by items   39 to 48 of Schedule   1 apply in relation to the creation of certificates on or after the reform commencement .

4   C ertificates created before the reform commencement

(1)   For the purposes of the amended REE Act, renewable energy certificates created under th e REE Act before the reform commencement are taken to be large - scale generation certificates (including certificates that were created in relation to solar water heaters and small generation units).

(2)   This item does not apply to a certificate that ceased to be valid before the reform commencement .

5   Certificates created after reform commencement for small - scale technology installed before that commencement

(1)   This item applies in relation to a solar water heater or small generation unit if:

  (a)   the heater or unit was installed , or is taken to have been installed, before the reform commencement ; and

  (b)   the period (the certificate creation period ) within which, under old REE Act (and regulations under that Act), certificates could be created in relation to the heater or unit had not ended by that commencement.

(2)   For the remainder of the certificate creation period, Subdivision B or BA (as the case requires) of Division   4 of Part   2 of the amended REE Act applies in relation to the heater or the unit. However, certificates created in relation to the heater or unit are taken to be large - scale generation certificates .

6   References in contracts to renewable energy certificates

(1)   This item applies to a contract that was entered into before this Act received the Royal Assent.

(2)   Subject to subitem   ( 3 ), a reference in the contract to a renewable energy certificate, or to a certificate, within the meaning of the old REE Act is taken, on and after th e reform commencement , to be a reference to a large - scale generation certificate within the meaning of the amended REE Act ( including a certificate that is taken to be a large - scale generation certificate by any of the other reform transitional provisions ).

(3)   Subitem   ( 2 ) has effect subject to :

  (a)   any contrary intention expressed in the contract; and

  (b)   any agreement to a contrary effect by the parties to the contract ; and

  (c)   the regulations.

(4)   The fact that a contract refers to certificates as being created in relation to solar water heaters or small generation units is not , by itself, a contrary intention for the purpose of subitem   ( 3).

7   C ontracts for the supply of certificates relating to small - scale technology

(1)   This item applies in relation to a contract if:

  (a)   the contract is or was entered into on or before 2 5   February 201 0 ; and

  (b)   the contract is in writing; and

  (c)   the contract requires one of the parties to the contract to transfer renewable energy certificates (however described) to another party on or after the reform commencement ; and

  (d)   because of item   6 , the renewable energy certificates that are required to be transfer red under the contract are large - scale generation certificates; and

  (e)   either:

  ( i )   the contract refers to the certificates as being created in relation to solar water heaters or small generati on units ; or

  (ii)   it is clear from the context of the contract that the parties expect the certificates to be created in relation to solar water heaters or small generation units ; and

  (f)   the contract does not solely relate to certificates that either :

  (i)   have been or will be created before the reform commencement ; or

  (ii)   will be created after the reform commencement in relation to solar water heaters or small generation units that were installed before the reform commencement .

(2)   The regulations may provide for some or all of the certificates , when they are transferred under the contract , to be come , and to be taken to have been, large - scale generation certificates.

(3)   Without limiting subitem   ( 2), t he regulations may do any of the following :

  (a)   require information or documents to be given to the Regulator in relation to the contract or the certificates ;

  (b)   provide that information or documents required to be given to the Regulator must be verified by statutory declaration;

  ( c )   provide for the Regulator to make consequential changes to the register of small - scale technology certificates and the register of large - scale generation certificates.

8   The register of renewable energy certificates

(1)   The register of renewable energy certificates under the old REE Act continue s , on and after the reform commencement , as the register of large - scale generation certificates under the amended REE Act .

(2)   The Regulator may make any changes to that register that the Regulator considers appropriate because of any of the following:

  (a)   the change of name of the register;

  (b)   the fact that the certificates included in the register are, under the amended REE Act, known as large - scale generation certificates;

  (c)   the fact that, because of the reform transitional provisions, the register will also include certificates created in relation to some solar water heaters and small generation units.

9   No effect on time of creation or on number of certificates that can be created

Unless a contrary intention appears, nothing in the reform transitional provisions:

  (a)   increase s the number of certificates that a person may create ; or

  (b)   change s the time at which a certificate was created before the reform commencement ; or

  (c)   affect s the question whether a certificate created before the reform commencement is valid.

10   Application of section   40C

Section   40C of the amended REE Act applies in relation to energy acquisition statements lodged, after the reform commencement , for the year that commenced on 1   January 2010 and later years.

Part   2 -- Provisions relating to other amendments

11   Application of amendment made by item   1 13 of Schedule   1

The amendment made by item   113 of Schedule   1 to this Act applies to the year of generation that started on 1   January 200 8 and later years of generation.

12   Saving provision relating to amendment made by item   117 of Schedule   1

Despite the amendment made by item   117 of Schedule   1 to this Act, regulations in force for the purpose of subsection 22(1) of the Renewable Energy (Electricity) Act 2000 immediately before the commencement of that item continue in force, after that commencement, until the first regulations made under that subsection after that commencement take effect.

13   Application of amendment made by item   134 of Schedule   1

Neither of the following can be made against a person in relation to conduct, or a refusal or failure, that occurred before the commencement of item   134 of Schedule   1 to this Act:

  (a)   a civil penalty order under section   154 B of the Renewable Energy ( Electricity ) Act 2000 as in force after the commencement of that item;

  (b)   an injunction under section   154S of that Act as so in force.

Part   3 -- Regulations

14   Regulations may deal with transitional etc. matters

(1)   The regulations may include provisions dealing with matters of a transitional, saving or application nature relating to any of the amendments and repeals made by this Act.

(2)   Regulations made for the purpose of subitem   ( 1) may make provision in relation to a matter by conferring a power to make a decision of an administrative character on the Regulator.

15   Regulations

The Governor - General may make regulations prescribing matters:

  (a)   required or permitted under this Schedule to be prescribed; or

  (b)   necessary or convenient to be prescribed for carrying out or giving effect to this Schedule.

Part   4 -- Other matters

16   Compensation for acquisition of property

(1)   If the amendments made by this Act, or the provisions of this Schedule or the regulations , would result in an acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.

(2)   If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

(3)   In this item:

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.

Notes to the Renewable Energy (Electricity) Amendment Act 2010

Note 1

The Renewable Energy (Electricity) Amendment Act 2010 as shown in this compilation comprises Act No. 69 , 2010 amended as indicated in the Tables below.

Table of Acts

(a)   Subsection 2(1) (item 24 ) of the Statute Law Revision Act 2012 provides as follows:

  (1)   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Table of Amendments