Renewable Energy (Electricity) Act 2000 (Cth)

Renewable Energy (Electricity) Act 2000

No. 174, 2000

Compilation No. 32

Compilation date: 1 January 2025

Includes amendments: Act No. 60, 2024

About this compilation

This compilation

This is a compilation of the Renewable Energy (Electricity) Act 2000 that shows the text of the law as amended and in force on 1 January 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Object/outline 4 Years to which this Act applies 5 Definitions 6 Act binds Crown 7 Application to the external Territories 7A Tax deductibility 7B Constitutional basis 7C Immunity from State laws Part 2—Renewable energy certificates Division 1—Preliminary 8 Overview of Part Division 2—Registration of persons 9 Who can register 10 Applying for registration 11 Regulator to refuse or approve application 12 Regulator to allocate registration numbers Division 2A—Provisional accreditation of power stations 12A Application for provisional accreditation of a power station 12B Regulator may give provisional accreditation 12C Time limit for deciding applications Division 3—Accreditation of eligible power stations 13 Application for accreditation 14 Regulator to determine certain matters 15 Regulator to approve or refuse application 15A Time limit for deciding applications 15B Nominated person for power station 16 Regulator to allocate identification codes 17 What is an eligible renewable energy source? 17A What is eligible WCMG? Division 4—Creation of renewable energy certificates Subdivision AA—Preliminary 17B Overview of Division Subdivision A—Large‑scale generation certificates for accredited power stations 17C Large‑scale generation certificates 18 Creating certificates for additional renewable electricity 19 When certificates may be created 20 Electricity generation return 20A Amending electricity generation returns Subdivision B—Small‑scale technology certificates for solar water heaters 20B Small‑scale technology certificates 21 When a certificate may be created 22 How many certificates may be created 23 Who may create a certificate 23AA Register of solar water heaters Subdivision BA—Small‑scale technology certificates for small generation units 23AB Small‑scale technology certificates 23A When a certificate may be created 23AAA Regulations to establish scheme for inspection of new installations of small generation units 23B How many certificates may be created 23C Who may create a certificate 23D No other certificates to be created 23E Election to not create certificates under this Subdivision Subdivision BB—Solar water heater and small generation unit return 23F Solar water heater and small generation unit return Subdivision C—Improper creation of certificates 24 Improper creation of certificates—offences 24A Improper creation of certificates—civil penalty 24B False etc. information resulting in improper creation of certificates under Subdivision B or BA—civil penalty Division 5—Form and registration of certificates 25 Form and content of large‑scale generation certificates 25A Form and content of small‑scale technology certificates 26 Certificates must be registered Division 6—Transfer of certificates 27 Certificates may be transferred 28 Regulator to be notified Division 7—Retirement of certificates 28A Registered owner may surrender certificate 29 Retirement of certificates Division 8—Suspension of registration 30 Suspension of registration—conviction of offence 30A Suspension of registration—other grounds Division 9—Changing the nominated person for an accredited power station 30B Changing the nominated person for an accredited power station Division 10—Varying what constitutes a power station 30C Varying what constitutes a power station Division 11—Suspending the accreditation of a power station 30D Suspending the accreditation of a power station—interconnected power stations 30E Suspending the accreditation of a power station—other grounds Division 12—Varying 1997 eligible renewable power baselines and 2008 WCMG limits 30F Varying 1997 eligible renewable power baselines 30G Varying 2008 WCMG limits Part 2A—Clearing house for small‑scale technology certificates Division 1—Preliminary 30H Overview of Part Division 2—Regulator to establish and operate clearing house 30J Regulator to establish and operate clearing house Division 3—Entering certificates into the clearing house 30K Application for certificate to be entered into the clearing house 30L Regulator to enter certificate into the clearing house Division 4—Purchase of certificates through the clearing house 30LA Clearing house price etc. 30M Application for purchase of certificate through the clearing house 30N If there is a certificate on the clearing house transfer list—Regulator to transfer certificate 30P If there is no certificate on the clearing house transfer list—Regulator to create certificate 30Q Form and content of certificates created by the Regulator Division 5—Renewable Energy Special Account 30R Renewable Energy Special Account 30S Credits to the Renewable Energy Special Account 30T Purposes of the Renewable Energy Special Account Division 6—Other matters 30U Regulations about the operation of the clearing house Part 3—Acquisition of electricity 31 What are relevant acquisitions? 32 Wholesale acquisitions 33 Notional wholesale acquisitions 34 Special provision relating to transactions involving AEMO or a person or body prescribed by the regulations Part 4—Renewable energy shortfall charge Division 1AA—Preliminary 34A Overview of Part Division 1—Liability to charge Subdivision A—Liable entities 35 Liable entities Subdivision B—Large‑scale generation shortfall charge 36 Large‑scale generation shortfall charge payable by liable entity 37 Amount of charge 38 Determination of large‑scale generation shortfall Subdivision C—Small‑scale technology shortfall charge 38AA Interpretive provisions relating to liability for small‑scale technology shortfall charge etc. 38AB Small‑scale technology shortfall charge payable by liable entity 38AC Amount of charge 38AD Determination of small‑scale technology shortfall 38AE Quarterly shortfalls for the quarters of a year 38AF Energy acquisition statement lodged for previous year: application to have amount apply instead of previous year's reduced acquisitions 38AG No energy acquisition statement lodged for previous year: application to have amount apply as if it were previous year's reduced acquisitions 38AH No energy acquisition statement lodged for previous year: default rule 38AI General provisions relating to applications under sections 38AF and 38AG Division 1A—Exemption from liability to charge 38A Object 38B Amount of exemption 38C Information about exemptions to be published on Regulator's website Division 2—Renewable power percentage for large‑scale generation shortfall charge 39 Regulations to specify renewable power percentage 40 Required GWh of renewable source electricity Division 2A—Small‑scale technology percentage for small‑scale technology shortfall charge 40A Regulations to specify small‑scale technology percentage Division 2AA—Emerging renewable energy technologies 40AB Inclusion of emerging renewable energy technologies Division 3—Other provisions related to renewable energy shortfall charge 40B Regulator to publish estimate of small‑scale technology percentage 40C Regulator to give liable entity estimate of current year's required surrender amounts for first 3 quarters 41 Arrangements to avoid or reduce renewable energy shortfall charge 42 Application of Act to Commonwealth 43 Cancellation of exemptions from charges Part 5—Statements, certificates and assessments Division 1AA—Preliminary 43A Overview of Part Division 1—Statements Subdivision A—Annual energy acquisition statements 44 Annual energy acquisition statements 44A Surrender of large‑scale generation certificates in energy acquisition statement 45 Surrender of small‑scale technology certificates in quarterly surrender instrument 45A Amending energy acquisition statement at request of liable entity 45B Amending energy acquisition statement on Regulator's own initiative 45C Surrender of additional certificates if energy acquisition statement amended on Regulator's own initiative 45D Limitations on certificates that can be surrendered under this Subdivision 45E Fees for surrender of certificates under this Subdivision Subdivision B—Annual renewable energy shortfall statements 46 Annual renewable energy shortfall statements Division 1A—Exemption certificates 46A Application for exemption certificate 46B Exemption certificates 46C Amending exemption certificates 46D Minister may obtain information from corporation 46E No exemption certificates to be issued to corporation for 5 years if Minister's request not complied with 46F Disclosure of information to the Regulator Division 2—Assessments Subdivision A—Large‑scale generation shortfall charge 47 First large‑scale generation shortfall statement taken to be assessment of large‑scale generation shortfall charge 48 Default assessments of large‑scale generation shortfall charge Subdivision B—Small‑scale technology shortfall charge 48A First small‑scale technology shortfall statement taken to be assessment of small‑scale shortfall charge 48B Default assessments of small‑scale technology shortfall charge Subdivision C—Other provisions relating to assessments 49 Amendment of assessments 50 Refund of overpaid amounts 51 Amended assessment to be an assessment 52 Notice of assessment 53 Validity of assessment 53A Application of Division Part 6—Objections, reviews and appeals Division 1—Objections to and review of assessments 54 Objections 55 How objections are to be made 56 Limited objection rights in the case of certain amended assessments 57 Requests for extension of time 58 Regulator to decide objections 59 Person may require Regulator to make an objection decision 60 Liable entity may seek review of, or appeal against, Regulator's decision 61 Grounds of objection and burden of proof 62 Time limit for appeals 63 Order of Federal Court on objection decision 64 Implementation of Federal Court order in respect of objection decision 65 Pending appeal not to affect implementation of decisions Division 2—Review of other decisions 66 Review of decisions Part 7—Collection and recovery of charge Division 1—General rules about collection and recovery 67 When renewable energy shortfall charge is payable 68 When penalty charge becomes due and payable 69 Extension of time for payment 70 Penalty for unpaid renewable energy shortfall charge or unpaid penalty charge 71 Recovery of renewable energy shortfall charge related liability 72 Service of documents if a person is absent from Australia or cannot be found Division 2—Special rules about collection and recovery Subdivision A—Recovery from a third party 73 Regulator may collect amounts from third party 74 Notice to Commonwealth, State or Territory 75 Indemnity 76 Offence Subdivision B—Recovery from liquidator 77 Liquidator's obligation 78 Offence 79 Joint liability of 2 or more liquidators 80 Liquidator's other obligation or liability Subdivision C—Recovery from receiver 81 Receiver's obligation 82 Offence 83 Joint liability of 2 or more receivers 84 Receiver's other obligation or liability Subdivision D—Recovery from agent winding up business for non‑resident principal 85 Obligation of agent winding up business for non‑resident principal 86 Offence 87 Joint liability of 2 or more agents 88 Agent's other obligation or liability Subdivision E—Recovery from deceased person's estate 89 Administered estate 90 Unadministered estate Division 3—Other matters 91 What this Division is about 92 Right of recovery if another person is liable 93 Right of contribution if persons are jointly liable 94 Regulator may authorise amount to be recovered Part 8—Refunding large‑scale generation shortfall charge 95 Refunding large‑scale generation shortfall charge in later years 96 Value of certificates surrendered 97 Certificates can only be surrendered if there is no shortfall 98 Refund of charge where certificates surrendered Part 9—Penalty charge 99 Penalty charge for failure to provide statements or information relevant to large‑scale generation shortfall charge 99A Penalty charge for failure to provide statements or information relevant to small‑scale technology shortfall charge 100 False or misleading statements 101 Penalty charge where arrangement to avoid renewable energy shortfall charge 102 Assessment of penalty charge 103 Remitting penalty charge Part 10—Administration 104 General administration of Act 105 Annual report Part 11—Audit Division 1—Overview 106 Overview of Part Division 2—Appointment of authorised officers and identity cards 107 Appointment of authorised officers 108 Identity cards 109 Offences related to identity cards Division 3—Powers of authorised officer Subdivision A—Monitoring powers 110 Entry to premises 111 Monitoring powers of authorised officers Subdivision B—Power of authorised officer to ask questions and seek production in certain circumstances 112 Authorised officer may request or require persons to answer questions etc. 113 Failure to provide information to authorised officer Division 4—Obligations and incidental powers of authorised officers 116 Authorised officer must produce identity card on request 117 Consent 118 Announcement before entry 119 Details of monitoring warrant to be given to occupier etc. before entry 120 Use of electronic equipment in exercising monitoring powers 121 Compensation for damage to electronic equipment Division 5—Occupier's rights and responsibilities 122 Occupier entitled to be present during execution of monitoring warrant 123 Occupier to provide authorised officer with all facilities and assistance 124 Offences related to warrants Division 6—Warrants 125 Monitoring warrants Part 11A—Information‑gathering powers 125A Regulator may obtain information and documents 125B Self‑incrimination 125C Copies of documents 125D Regulator may retain documents 125E False or misleading evidence Part 12—Publication of information 134 Regulator may publish certain information Part 13—Registers Division 1—General 135 Registers to be maintained Division 2—The register of registered persons 136 Contents of register of registered persons 137 Form of register Division 3—The register of accredited power stations 138 Contents of register of accredited power stations 139 Form of register Division 4—The register of large‑scale generation certificates 140 Contents of register of large‑scale generation certificates 141 Form of register Division 4A—The register of small‑scale technology certificates 141AA Contents of register of small‑scale technology certificates 141AB Form of register Division 5—The register of applications for accredited power stations 141A Contents of register of applications for accredited power stations 141B Form of register Part 15—Offences for failure to provide documents 154 Failure to provide documents Part 15A—Civil penalties Division 1—Civil penalty orders 154A Definitions 154B Civil penalty orders 154C Who may apply for a civil penalty order 154D Two or more proceedings may be heard together 154E Time limit for application for an order 154F Civil evidence and procedure rules for civil penalty orders 154G Civil proceedings after criminal proceedings 154H Criminal proceedings during civil proceedings 154J Criminal proceedings after civil proceedings 154K Evidence given in proceedings for a civil penalty order not admissible in criminal proceedings 154L Mistake of fact 154M State of mind Division 2—Liability of executive officers of bodies corporate 154N Civil penalties for executive officers of bodies corporate 154P Reasonable steps to prevent contravention Part 15B—Other remedies Division 1—Enforceable undertakings 154Q Acceptance of undertakings 154R Enforcement of undertakings Division 2—Injunctions 154S Injunctions Part 16—Miscellaneous 155 Contracting outsiders 156 Delegation 157 Appropriation 159 Evidence 160 Records to be kept and preserved by registered persons, liable entities and holders of exemption certificates 160A Prescribing matters by reference to other instruments 160B Administrative decisions under the regulations 161 Regulations Part 17—Application of Act to 2001 163 Object of Part 164 Modification of references to a year 165 Modification of other references Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history