Future Made in Australia (Guarantee of Origin) Act 2024 (Cth)

Future Made in Australia (Guarantee of Origin) Act 2024

No. 121, 2024

An Act to establish a scheme to certify renewable electricity and products such as hydrogen, and for related purposes

Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Object of this Act 4 Simplified outline of this Act 5 Definitions 6 Act binds Crown 7 Extension to external Territories 8 Extension to exclusive economic zone and continental shelf 9 Constitutional basis of this Act 10 Additional operation of this Act Part 2—Registration of persons for the purposes of this Act Division 1—Simplified outline of this Part 11 Simplified outline of this Part Division 2—Registration 12 Application for registration 13 Request for further information 14 Withdrawal of application 15 Registration 16 When registration is in effect Division 3—Suspension, cancellation and surrender of registration 17 Regulator to be notified of certain events and circumstances 18 Suspension of registration 19 Cancellation of registration 20 Regulator to notify person of proposed suspension or cancellation 21 Surrender of registration Division 4—Fit and proper person test 22 Meaning of associate 23 Meaning of control and change in control of registered person 24 Fit and proper person test 25 Registered person must notify Regulator of events relevant to fit and proper person test 26 Registered person must notify Regulator of change in control Part 3—Certification of products Division 1—Simplified outline of this Part 27 Simplified outline of this Part Division 2—Key concepts 28 Production gate and delivery gate 29 Methodology determination Division 3—Profiles Subdivision A—Registration of production profiles 30 Application to register production profile 31 Request for further information 32 Withdrawal of application 33 Registration of production profile Subdivision B—Registration of delivery profiles 34 Application to register delivery profile 35 Request for further information 36 Withdrawal of application 37 Registration of delivery profile Subdivision C—Registration of consumption profiles 38 Application to register consumption profile 39 Request for further information 40 Withdrawal of application 41 Registration of consumption profile Subdivision D—Correction and transfer of registered profiles 42 Correction of profiles 43 Transfer of profiles Subdivision E—Suspension, cancellation and surrender of registration 44 Suspension of registration 45 Cancellation of registration 46 Grounds of suspension or cancellation 47 Regulator to notify person of proposed suspension or cancellation 48 Surrender of registration Division 4—PGO certificates Subdivision A—Creation and registration of PGO certificates 49 Creation of certificates 50 Content of certificates at creation—general 51 Content of certificates at creation—related certificates 53 Form and identification of certificates 54 Authorisation to add post‑production information to certificates 55 Addition of post‑production information to certificates 56 Registration of certificates 56A Request for further information 56B Withdrawal of request for registration of certificates Subdivision B—Addition of consumption information to registered PGO certificates 57 Authorisation to add consumption information to certificates 58 Transfer of authorisation 59 Addition of consumption information 59A Request for further information 59B Withdrawal of request for addition of consumption information Subdivision C—Annual reconciliation checks 60 Regulator must give statement 61 Recipient of statement must respond with declaration Subdivision D—Correction of PGO certificates 62 Correction following annual reconciliation check 63 Other corrections Subdivision E—Invalidating PGO certificates 64 Invalidation 65 Invalidating incorrect certificates 66 Invalidating excess certificates 67 Notice of invalidation Part 4—Certification of renewable electricity Division 1—Simplified outline of this Part 68 Simplified outline of this Part Division 2—Key concepts 69 Eligible renewable energy sources 70 Aggregated system 71 Direct supply relationship 72 Legacy baseline 73 Measurement standard Division 3—Renewable electricity facilities Subdivision A—Applications to register facilities 74 Application to register accredited power stations 75 Application to register other facilities 76 Request for further information 77 Amendment or withdrawal of application Subdivision B—Registration of facilities 78 Registration of accredited power stations 79 Registration of electricity generation systems that are not accredited power stations 80 Registration of energy storage systems 81 Registration of aggregated systems Subdivision C—Eligible registered persons 82 Eligible registered person Subdivision D—Determination of baseline 83 Determination of baseline Subdivision E—Record‑keeping etc. 84 Creation and variation of record 85 Notification of certain events Subdivision F—Suspension, cancellation and surrender of registration 86 Suspension of registration 87 Cancellation of registration 88 Grounds of suspension or cancellation 89 Regulator to notify person of proposed suspension or cancellation 90 Surrender of registration Division 4—REGO certificates Subdivision A—Creation of certificates 91 Creation of certificates in respect of eligible amounts 92 Creation of certificates in respect of residual amounts 93 Below‑baseline certificates 94 Content of certificates 95 Form and identification of certificates 96 Creation of certificates representing different amounts of renewable electricity 97 Creation of certificates—direct supply relationship 98 Creation of certificates—exported renewable electricity Subdivision B—Restrictions on certificate creation 99 Restriction on certificate creation—double counting 100 Restriction on certificate creation—suspension of facility's registration 101 Restriction on certificate creation—suspension of person's registration under this Act 102 Restriction on certificate creation—suspension of person's registration under Renewable Energy (Electricity) Act 2000 Subdivision C—Improper creation of certificates 103 Improper creation of REGO certificates Subdivision D—Registration of certificates 104 Registration of REGO certificates 105 Request for further information Subdivision E—Transfer and retirement of certificates 106 Transfer of certificates 107 Retirement of certificates 108 Retirement of below‑baseline certificates 109 Request for further information Subdivision F—Correction of certificates 110 Correction of certificates Part 5—The GO Register Division 1—Simplified outline of this Part 111 Simplified outline of this Part Division 2—The GO Register 112 The GO Register 113 Other information included in the register 114 Withholding or removing information from the register 115 Form of register Part 6—Cost recovery Division 1—Simplified outline of this Part 116 Simplified outline of this Part Division 2—Fees 117 Fees and other rules for fee‑bearing activities Division 3—Payment of cost‑recovery charges 118 Paying cost‑recovery charges 119 Cost‑recovery charges payable to the Commonwealth. Division 4—Unpaid cost‑recovery charges 120 Recovery of cost‑recovery charges 121 Regulator may direct that activities not be carried out Division 5—Miscellaneous 122 Regulator may remit cost‑recovery charges 123 Rules relating to when cost‑recovery charges may be waived, refunded or remitted Part 7—Audits Division 1—Simplified outline of this Part 124 Simplified outline of this Part Division 2—Audits 125 Compliance audits 126 Reimbursement for costs in relation to compliance audits 127 Scheduled audits 128 Other audits 129 Information‑gathering of audit team leaders and persons assisting audit team leaders 130 Persons must provide assistance in relation to an audit Division 3—Audit information Subdivision A—Information 131 Meaning of audit information 132 Meaning of protected audit information Subdivision B—Secrecy 133 Secrecy—protected audit information Subdivision C—Disclosure or use of audit information 134 Disclosure or use for purposes of carrying out guarantee or origin audit or preparing guarantee of origin audit report etc. 135 Disclosure to the Regulator 136 Use or disclosure authorised by rules Part 8—Enforcement Division 1—Simplified outline of this Part 137 Simplified outline of this Part Division 2—Information gathering 138 Regulator may obtain information or documents 139 Copying documents—compensation 140 Copies of documents 141 Regulator may retain documents 142 Privilege against self‑incrimination and self‑exposure to a penalty Division 3—Civil penalties 143 Civil penalty provisions Division 4—Infringement notices 144 Infringement notices Division 5—Enforceable undertakings 145 Enforceable undertakings Division 6—Injunctions 146 Injunctions Division 7—Miscellaneous 147 Contravening an offence provision or a civil penalty provision 148 Appointment of inspectors Part 9—Miscellaneous Division 1—Simplified outline of this Part 149 Simplified outline of this Part Division 2—Record keeping etc. 150 Record keeping 151 Information previously given to the Regulator Division 3—Review of decisions 152 Reviewable decisions 153 Applications for reconsideration of decisions made by delegates 154 Request for further information 155 Withdrawal of application 156 Reconsideration by the Regulator or Chair 157 Review by the Administrative Review Tribunal Division 4—Delegations 158 Delegation by Minister 159 Delegation by Chair Division 5—Other matters Subdivision A—Rules 160 Rules Subdivision B—Review of scheme 161 Periodic review of operation