Renewable Energy (Electricity) Amendment Regulations 2011 (No. 3)1
Select Legislative Instrument 2011 No. 116
I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Renewable Energy (Electricity) Act 2000.
Dated 30 June 2011
QUENTIN BRYCE
Governor-General
By Her Excellency’s Command
GREG COMBET
Minister for Climate Change and Energy Efficiency
1              Name of Regulations
                These Regulations are the Renewable Energy (Electricity) Amendment Regulations 2011 (No. 3).
2              Commencement
                These Regulations commence on 1 July 2011.
3              Amendment of Renewable Energy (Electricity) Regulations 2001
                Schedule 1 amends the Renewable Energy (Electricity) Regulations 2001.
4              Transitional
         (1)   The amendments made by items [1] to [5] of Schedule 1 to the Renewable Energy (Electricity) Amendment Regulations 2011 (No. 2) do not apply to the creation of a certificate for a small generation unit installed on or after 1 July 2011 and before 30 June 2012 if:
                 (a)     the unit was installed under a contract entered into before 5 May 2011; and
                (b)     the parties to the contract were legally bound to proceed with the contract on and after 5 May 2011; and
                 (c)     if the contract was conditional on any event happening, the event happened before 5 May 2011; and
                (d)     the person who became the owner of the unit following its installation was a party to the contract; and
                 (e)     the contract documentation identifies:
                          (i)     the date the contract was entered into; and
                         (ii)     the identity of each party to the contract; and
                        (iii)     the address at which the unit was installed; and
                        (iv)     the size, make and model of the unit; and
                 (f)     the person entitled to create certificates for the unit (the entitled person) meets the requirements of subregulation (2) before creating certificates for the unit.
         (2)   For paragraph (1) (f), the entitled person must:
                 (a)     possess contract documentation identifying the matters mentioned in paragraph (1) (e); and
                (b)     provide to the Regulator a statutory declaration made by the entitled person:
                          (i)     describing the contract documentation; and
                         (ii)     stating that the entitled person can provide the contract documentation to the Regulator if requested by the Regulator; and
                        (iii)     stating that the contract meets the requirements of paragraphs (1) (a) to (d); and      
                        (iv)     stating:
                        (A)     the date on which the contract was entered into; and
                        (B)     the identity of each party to the contract; and
                        (C)     the address at which the unit was installed; and
                        (D)     the size, make and model of the unit; and
                         (v)     stating that the contract documentation in the entitled person’s possession identifies the matters mentioned in subparagraph (iv); and
                 (c)     if the contract is an oral contract — provide to the Regulator a statutory declaration made by each party to the contract stating:
                          (i)     the date on which the contract was entered into; and
                         (ii)     the identity of each party to the contract; and
                        (iii)     the address at which the unit was installed; and
                        (iv)     the size, make and model of the unit; and
                (d)     provide to the Regulator any other information or documents requested by the Regulator.
         (3)   An entitled person may provide one statutory declaration under paragraph (2) (b) setting out the information required by that paragraph for more than one unit, including where:
                 (a)     the units were installed under different contracts; or
                (b)     the contracts for the installations of the units involve different parties; or
                 (c)   the units were installed at different addresses.
         (4)   However a statutory declaration provided under paragraph (2) (c) must relate to one unit only.
         (5)   For paragraph (2) (c), if the entitled person is a party to the contract, he or she only needs to provide statutory declarations from the other parties to the contract.
         (6)   In this regulation:
contract documentation means:
                 (a)     for a written contract — the written documents setting out the terms and conditions of the contract and evidencing the offer and acceptance of those terms and conditions; and
                (b)     for an oral contract — means written documentation that was created and dated before 10 June 2011, evidencing the existence of the contract.
Schedule 1        Amendments
(regulation 3)
 
[1]           Subregulation 22ZA (1)
after
Subject to
insert
subregulation (3) and
[2]           After subregulation 22ZA (2)
insert
         (3)   If a liable entity’s partial exemption calculated for a year in accordance with subregulation (1) is a negative amount, the entity’s partial exemption for the year is zero.
Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.