Electricity Feed-in (Renewable Energy Premium) Act 2008

Section 1 Part 1 Preliminary 1 Name of Act This Act is the Electricity Feed-in (Renewable Energy Premium) Act 2008. 4 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere. For example, the signpost definition ‘electricity distributor—see the Utilities Act 2000, dictionary.’ means that the term ‘electricity distributor’ is defined in that dictionary and the definition applies to this Act. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 5 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. page 2 Electricity Feed-in (Renewable Energy Premium) Act 2008 R11 Effective: 25/02/16 25/02/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Preliminary Part 1

Section 5AA 5AA Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units. R11 Electricity Feed-in (Renewable Energy Premium) Act 2008 page 3 25/02/16 Effective: 25/02/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Part 1A Objects and important concepts

Section 5A Part 1A Objects and important concepts 5A Objects of Act The objects of this Act are to— (a) promote the generation of electricity from renewable energy sources; and (b) reduce the ACT’s contribution to human-induced climate change; and (c) diversify the ACT energy supply; and (d) reduce the ACT’s vulnerability to long-term price volatility in relation to fossil fuels. 5B Meaning of renewable energy generator and renewable energy source (1) In this Act: renewable energy generator— (a) means an energy generator that generates electricity from a renewable energy source; and (b) includes— (i) a micro renewable energy generator; and (ii) a medium renewable energy generator; but (c) does not include a device that is capable of storing energy that is not generated from a compliant renewable energy generator under paragraph (b). renewable energy source means any of the following: (a) solar; (b) wind; page 4 Electricity Feed-in (Renewable Energy Premium) Act 2008 R11 Effective: 25/02/16 25/02/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Objects and important concepts Part 1A

Section 5C (c) any other source determined by the Minister. (2) A determination is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. 5C Meaning of capacity (1) In this Act: capacity, of a renewable energy generator, means— (a) if the generator is a solar photovoltaic generator—the rated power output of the panels of the generator; or (b) if the Minister determines a method for measuring the capacity of a generator under subsection (2)—the capacity measured by the determined method. (2) The Minister may determine the method for measuring the capacity of renewable energy generators. Note Power to make a statutory instrument (including a regulation) includes power to make different provision for different categories (see Legislation Act, s 48). (3) A determination is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. 5D Meaning of medium renewable energy generator and micro renewable energy generator In this Act: medium renewable energy generator means a renewable energy generator that has a total capacity more than 30kW but not more than 200kW. micro renewable energy generator means a renewable energy generator that has a total capacity not more than 30kW. R11 Electricity Feed-in (Renewable Energy Premium) Act 2008 page 5 25/02/16 Effective: 25/02/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Part 1A Objects and important concepts

Section 5E 5E Meaning of compliant (1) For this Act, a renewable energy generator is compliant if— (a) the generator is installed on premises in the ACT; and (b) when connected to the electricity distributor’s network, it complies with the service and installation rules; and (c) the total capacity of the generator, or the total capacity of all renewable energy generators installed on the premises, is not more than— (i) 200kW; or (ii) if the Minister determines another capacity under subsection (2)—the applicable determined capacity; and (d) if the generator is a micro or medium renewable energy generator—the generator is connected to the electricity distributor’s network before the total capacity of all micro and medium renewable energy generators connected to the network reaches— (i) 30MW; or (ii) if the Minister determines another capacity under subsection (3)—the determined capacity; and (e) if the generator is a micro renewable energy generator—the distributor received the application for the connection of the generator by 29 July 2011; and (f) if the generator is a medium renewable energy generator—the distributor received the application for the connection of the generator by 13 July 2011; and (g) the generator is installed on premises and connected to the electricity distributor’s network before 31 December 2016. page 6 Electricity Feed-in (Renewable Energy Premium) Act 2008 R11 Effective: 25/02/16 25/02/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Objects and important concepts Part 1A

Section 5F (2) The Minister may determine a total capacity for the following: (a) micro renewable energy generators installed on premises; (b) medium renewable energy generators installed on premises; (c) all renewable energy generators installed on premises. (3) The Minister may determine the total capacity for all micro and medium renewable energy generators connected to the electricity distributor’s network. (4) A determination is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. (5) In this section: service and installation rules means the service and installation rules for connection to the electricity distribution network, as in force from time to time, made under a technical code, as in force from time to time, made under the Utilities Act 2000. Note Technical codes made under the Utilities Act 2000 are accessible at www.icrc.act.gov.au. The service and installation rules are accessible at www.actewagl.com.au. 5F Meaning of eligible entity (1) In this Act: eligible entity— (a) means— (i) if an incorporated association owns the premises on which a compliant renewable energy generator is installed—the incorporated association; or (ii) if a cooperative owns the premises on which a compliant renewable energy generator is installed—the cooperative; or R11 Electricity Feed-in (Renewable Energy Premium) Act 2008 page 7 25/02/16 Effective: 25/02/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Part 1A Objects and important concepts

Section 5F (iii) if a person owns commercial or retail premises on which a compliant renewable energy generator is installed—the person; or (iv) if a person (the lessee) leases premises, or a part of premises, to install or operate a compliant renewable energy generator—the lessee; or (v) in any other case—the occupier of premises on which a compliant renewable energy generator is installed; but (b) does not include— (i) a territory agency; or (ii) a territory-owned corporation; or (iii) the Commonwealth or a Commonwealth authority; or (iv) an entity determined by the Minister. (2) A determination is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. (3) In this section: commercial premises—see the Leases (Commercial and Retail) Act 2001, section 7 (1). Commonwealth authority means any of the following (other than an educational institution): (a) a corporation established for a public purpose under a Commonwealth Act; (b) a company in which a controlling interest is held by any 1 of the following, or by 2 or more of the following together: (i) the Commonwealth; (ii) a corporation mentioned in paragraph (a); page 8 Electricity Feed-in (Renewable Energy Premium) Act 2008 R11 Effective: 25/02/16 25/02/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Objects and important concepts Part 1A

Section 5F (iii) an entity mentioned in subparagraph (i) or (ii). cooperative—see the Cooperatives Act 2002, dictionary. educational institution means— (a) a government school or school-related institution established under the Education Act 2004, section 20; or (b) a registered higher education provider under the National Vocational Education and Training Regulator Act 2011 (Cwlth). incorporated association means an association incorporated under the Associations Incorporation Act 1991 or a law of another jurisdiction corresponding, or substantially corresponding, to that Act. occupier, of premises, means the person to whom electricity for the premises is supplied by a NERL retailer. retail premises—see the Leases (Commercial and Retail) Act 2001, section 7 (2). territory agency means any of the following (other than an educational institution): (a) the Territory; (b) a territory instrumentality, and any other corporation established for a public purpose under a territory law; (c) a company in which a controlling interest is held by any 1 of the following, or by 2 or more of the following together: (i) the Territory; (ii) a Minister; (iii) a corporation mentioned in paragraph (b); (iv) an entity mentioned in subparagraphs (i) to (iii). R11 Electricity Feed-in (Renewable Energy Premium) Act 2008 page 9 25/02/16 Effective: 25/02/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Part 2 Renewable energy—supply to electricity network

Section 6 Part 2 Renewable energy—supply to electricity network 6 Feed-in from renewable energy generators to electricity network (1) This section applies to— (a) an electricity distributor licensed to distribute electricity through an electricity network; and (b) a NERL retailer authorised to supply electricity from the electricity network. (2) It is a condition of the electricity distributor’s licence that the distributor must, on application by an eligible entity— (a) connect a renewable energy generator to the distributor’s network to enable electricity generated by the generator to be supplied to the network; and (b) reimburse the NERL retailer that supplies electricity to the eligible entity’s premises the difference between— (i) the amount payable under subsection (3) for electricity generated by the generator to be supplied to the network; and (ii) the normal cost of that electricity; and (c) pass on to the eligible entity the additional metering costs in relation to electricity generated by the generator. (3) The NERL retailer must, on application by an eligible entity, pay the eligible entity, in accordance with section 8, for the total amount of electricity generated by the renewable energy generator on or after the day the application is made. page 10 Electricity Feed-in (Renewable Energy Premium) Act 2008 R11 Effective: 25/02/16 25/02/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Renewable energy—supply to electricity network Part 2

Section 6A 6A What is the normal cost of electricity? (1) The Minister may determine an amount to be the normal cost of electricity in relation to a period. (2) A determination is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. (3) The Minister may make guidelines for a determination under this section. (4) A guideline is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. 7 Utility service The action required by a distributor under section 6 (2) is a utility service for the Utilities Act 2000. Note The action required by a NERL retailer under s 6 (3) is a utility service for the Utilities Act 2000, pt 4 (Industry codes) (see that Act, s 75B). 8 Payment for electricity from renewable energy generators (1) For section 6 (3), payment must be at the following rate: (a) for electricity generated by a micro renewable energy generator— (i) if an eligible entity entered into a contract for the installation of the generator before 1 June 2011— (A) 100% of the premium rate; or (B) if a lower percentage is determined under section 9 for this paragraph—that percentage of the premium rate; or R11 Electricity Feed-in (Renewable Energy Premium) Act 2008 page 11 25/02/16 Effective: 25/02/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Part 2 Renewable energy—supply to electricity network

Section 8 (ii) if an eligible entity entered into a contract for the installation of the generator on or after 1 June 2011— (A) 66% of the premium rate; or (B) if a lower percentage is determined under section 9 for this paragraph—that percentage of the premium rate; (b) for electricity generated by a medium renewable energy generator— (i) if an eligible entity entered into a contract for the installation of the generator before the relevant date— (A) 75% of the premium rate; or (B) if a lower percentage is determined under section 9 for this paragraph—that percentage of the premium rate; or (ii) if an eligible entity entered into a contract for the installation of the generator on or after the relevant date— (A) 66% of the premium rate; or (B) if a lower percentage is determined under section 9 for this paragraph—that percentage of the premium rate. (2) Payment must be made to the eligible entity quarterly in arrears for the total amount of electricity generated by the generator. (3) In this section: relevant date means the day the Electricity Feed-in (Renewable Energy Premium) Amendment Act 2011 (No 2) commenced. page 12 Electricity Feed-in (Renewable Energy Premium) Act 2008 R11 Effective: 25/02/16 25/02/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Renewable energy—supply to electricity network Part 2

Section 8A 8A Recovery of cost of renewable energy premium (1) This section applies if a NERL retailer imposes a recovery of costs on electricity consumers to recover the cost of a renewable energy premium payable to an eligible entity under this Act. (2) The recovery of costs must be imposed on an electricity consumer in a way that is in proportion to the amount of electricity used by the consumer. 9 Determination of percentages (1) The Minister may determine percentages for section 8 (Payment for electricity from renewable energy generators). (2) A determination is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. R11 Electricity Feed-in (Renewable Energy Premium) Act 2008 page 13 25/02/16 Effective: 25/02/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Part 3 Renewable energy premium—determination of rate

Section 10 Part 3 Renewable energy premium— determination of rate 10 Determination of premium rate (1) The Minister must determine the premium rate for amounts payable by a NERL retailer under section 6 (Feed-in from renewable energy generators to electricity network) for compliant renewable energy generators. (2) A determination is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. (3) In making a determination, the Minister— (a) must seek the advice of the Independent Competition and Regulatory Commission to assist the Minister to determine the premium rate; and (b) must give priority to the following: (i) the desirability of costs under this Act impacting equitably on all electricity users; (ii) the need to encourage the generation of electricity from renewable sources; (iii) the need to reduce emissions from greenhouse gases; (iv) the need to reduce the likely effects of climate change; (v) the desirability of eligible entities being able to recoup investment on renewable energy generators within a reasonable time; and (c) must have regard to the following: (i) the amounts payable under this Act by an electricity distributor; page 14 Electricity Feed-in (Renewable Energy Premium) Act 2008 R11 Effective: 25/02/16 25/02/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Renewable energy premium—determination of rate Part 3

Section 11 (ii) the amounts payable under this Act by a NERL retailer; (iii) any additional metering costs passed on to an eligible entity because of section 6 (2) (c); (iv) any advice received from the Independent Competition and Regulatory Commission in response to a request under paragraph (a); (v) anything else the Minister considers relevant. (4) If the Minister receives any advice requested under subsection (3) (a), the Minister must— (a) present a copy of the advice to the Legislative Assembly within 3 sitting days after receiving the advice; and (b) give a copy of the advice to each member of the Legislative Assembly— (i) at least 14 days before the Minister makes the determination; but (ii) within 30 days after receiving the advice. 11 Premium rate—20 years (1) The premium rate for the financial year in which a renewable energy generator is connected to a distributor’s network applies, if the generator remains connected to the network, in relation to electricity generated by the generator during the 20 years after the date of the connection. (2) For subsection (1), a generator is taken to remain connected to the network— (a) during any temporary interruption to the connection for repair or maintenance work or relocation of the connection or generator at the same premises; or R11 Electricity Feed-in (Renewable Energy Premium) Act 2008 page 15 25/02/16 Effective: 25/02/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Part 3 Renewable energy premium—determination of rate

Section 11 (b) if the generator is transferred with the premises to another person who is an eligible entity in relation to the premises; or (c) if the generator is transferred to other premises in relation to which the eligible entity is also an eligible entity. (3) For subsection (1), a micro renewable energy generator (the old generator) is taken to remain connected to the network if— (a) the old generator was or is installed on premises that are, or are on the same parcel of land as, affected residential premises or eligible impacted property; and (b) the affected residential premises or eligible impacted property have been or are to be demolished; and (c) the eligible entity for the affected residential premises or eligible impacted property becomes an eligible entity in relation to other premises (the new premises); and (d) a micro renewable energy generator (the new generator) is installed on the new premises; and (e) the total capacity of the new generator is not greater than the total capacity of the old generator when the old generator was first connected to the network; and (f) the new generator is connected to the network. (4) In this section: affected residential premises means premises, or a part of premises— (a) that— (i) are a class 1 or class 2 building; and (ii) contain or have contained loose-fill asbestos insulation; or (b) that are included in the affected residential premises register. page 16 Electricity Feed-in (Renewable Energy Premium) Act 2008 R11 Effective: 25/02/16 25/02/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Renewable energy premium—determination of rate Part 3

Section 11 affected residential premises register—see the Dangerous Substances Act 2004, section 47N. class, of building—see the Building Act 2004, dictionary. eligible impacted property—see the Civil Law (Sale of Residential Property) Act 2003, section 9A (1). loose-fill asbestos insulation—see the Dangerous Substances Act 2004, section 47M. R11 Electricity Feed-in (Renewable Energy Premium) Act 2008 page 17 25/02/16 Effective: 25/02/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Part 3A Reporting

Section 11A Part 3A Reporting 11A Report by Minister The Minister must, within 6 months after the end of each financial year, publish on an appropriate government website a report about the following: (a) the number of compliant renewable energy generators installed on premises in the ACT; (b) the total capacity of compliant renewable energy generators installed on premises in the ACT; (c) the costs under this Act on electricity users. 11B Electricity distributors to give information to Minister (1) The Minister must determine the information required to prepare a report under section 11A (the required information). (2) A determination is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. (3) Each of the following entities (a reporting entity) must give the Minister the required information: (a) an electricity distributor; (b) a NERL retailer. (4) A person commits an offence if— (a) the person is a reporting entity; and (b) the person engages in conduct; and page 18 Electricity Feed-in (Renewable Energy Premium) Act 2008 R11 Effective: 25/02/16 25/02/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Reporting Part 3A

Section 11C (c) as a result of the conduct, the person fails to give the Minister information; and (d) the information is required information. Maximum penalty: 30 penalty units. 11C Audit of information given to Minister (1) The Minister may require a reporting entity to undertake an audit of the information provided by the reporting entity under section 11B if the Minister believes on reasonable grounds the information is untrue, misleading or incomplete. (2) The audit must be— (a) paid for by the reporting entity; and (b) undertaken by— (i) an auditor appointed by the Minister; or (ii) if the Minister decides not to appoint an auditor—an auditor that is independent of the reporting entity; and (c) undertaken in accordance with requirements determined by the Minister. (3) A determination is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. (4) A person commits an offence if— (a) the person is a reporting entity; and (b) the person gives the Minister information under section 11B; and (c) the Minister requires an audit of the information; and R11 Electricity Feed-in (Renewable Energy Premium) Act 2008 page 19 25/02/16 Effective: 25/02/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Part 3A Reporting

Section 11C (d) the person engages in conduct; and (e) as a result of the conduct, the person fails to undertake the required audit. Maximum penalty: 400 penalty units. page 20 Electricity Feed-in (Renewable Energy Premium) Act 2008 R11 Effective: 25/02/16 25/02/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Miscellaneous Part 4

Section 12 Part 4 Miscellaneous 12 Regulation-making power (1) The Executive may make regulations for this Act. Note Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act. (2) A regulation may make provision in relation to notices to be placed at premises where a renewable energy generator is located. (3) A regulation may create offences and fix maximum penalties of not more than 30 penalty units for the offences. 13 Review of operation of Act (1) The Minister must review the operation of this Act at least once every 5 years (a review period) after the day this Act commences. (2) The review must include a consideration of the impact of costs under this Act on electricity users and, in particular, whether the impacts are equitable. (3) The Minister must present a copy of the report of the review for a review period to the Legislative Assembly not later than 6 months after the end of the review period. R11 Electricity Feed-in (Renewable Energy Premium) Act 2008 page 21 25/02/16 Effective: 25/02/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Dictionary Dictionary (see s 4) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:  disallowable instrument (see s 9)  Executive  Minister (see s 162)  National Electricity (ACT) Law  National Energy Retail Law (ACT)  quarter  regulation  under. additional metering costs, in relation to electricity generated by a renewable energy generator connected to an electricity network, means metering costs associated with the electricity that are in addition to metering costs for which the distributor is responsible under the rules under the National Electricity (ACT) Law. capacity, of a renewable energy generator—see section 5C. compliant—see section 5E. electricity distributor—see the Utilities Act 2000, dictionary. electricity network—see the Utilities Act 2000, section 7. eligible entity—see section 5F (1). medium renewable energy generator—see section 5D. micro renewable energy generator—see section 5D. NERL retailer means a person who holds a retailer authorisation under the National Energy Retail Law (ACT). normal cost of electricity—see section 6A. page 22 Electricity Feed-in (Renewable Energy Premium) Act 2008 R11 Effective: 25/02/16 25/02/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Dictionary premium rate, for electricity supplied from a renewable energy generator to an electricity distributor’s network, means the premium rate determined under section 10 for the first financial year in which both— (a) the generator is connected to the network to enable electricity generated by the generator to be supplied to the network; and (b) the eligible entity for the generator makes the application for payment mentioned in section 6 (3). renewable energy generator—see section 5B. renewable energy source—see section 5B. reporting entity—see section 11B (3). required information—see section 11B (1). R11 Electricity Feed-in (Renewable Energy Premium) Act 2008 page 23 25/02/16 Effective: 25/02/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Endnotes 1 About the endnotes Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired page 24 Electricity Feed-in (Renewable Energy Premium) Act 2008 R11 Effective: 25/02/16 25/02/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Endnotes Legislation history 3 3 Legislation history Electricity Feed-in (Renewable Energy Premium) Act 2008 A2008-21 notified LR 9 July 2008 s 1, s 2 commenced 9 July 2008 (LA s 75 (1)) remainder commenced 1 March 2009 (s 2 and CN2009-5) as amended by Electricity Feed-in (Renewable Energy Premium) Amendment Act 2009 A2009-8 notified LR 2 March 2009 s 1, s 2 taken to have commenced 1 March 2009 (LA s 75 (2)) remainder taken to have commenced 1 March 2009 (s 2 and see A2008-21) Electricity Feed-in (Renewable Energy Premium) Amendment Act 2011 A2011-6 notified LR 24 February 2011 s 1, s 2 commenced 24 February 2011 (LA s 75 (1)) remainder commenced 7 March 2011 (s 2 and CN2011-3) Electricity Feed-in (Renewable Energy Premium) Amendment Act 2011 (No 2) A2011-25 notified LR 11 July 2011 s 1, s 2 commenced 11 July 2011 (LA s 75 (1)) remainder commenced 12 July 2011 (s 2) Statute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.21 notified LR 28 November 2011 s 1, s 2 commenced 28 November 2011 (LA s 75 (1)) sch 3 pt 3.21 commenced 12 December 2011 (s 2) National Energy Retail Law (Consequential Amendments) Act 2012 A2012-32 pt 3 notified LR 14 June 2012 s 1, s 2 commenced 14 June 2012 (LA s 75 (1)) pt 3 commenced 1 July 2012 (s 2 (1) and see National Energy Retail Law (ACT) Act 2012 A2012-31, s 2 (1) and CN2012-12) R11 Electricity Feed-in (Renewable Energy Premium) Act 2008 page 25 25/02/16 Effective: 25/02/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Endnotes 3 Legislation history Training and Tertiary Education Amendment Act 2014 A2014-48 sch 1 pt 1.9 notified LR 6 November 2014 s 1, s 2 commenced 6 November 2014 (LA s 75 (1)) sch 1 pt 1.9 commenced 20 November 2014 (s 2) Dangerous Substances (Loose-fill Asbestos Eradication) Legislation Amendment Act 2015 A2015-6 sch 1 pt 1.4 notified LR 31 March 2015 s 1, s 2 commenced 31 March 2015 (LA s 75 (1)) sch 1 pt 1.4 commenced 17 April 2015 (s 2 and CN2015-6) Electricity Feed-in Tariff Schemes Legislation Amendment Act 2015 A2015-20 pt 3 notified LR 15 June 2015 s 1, s 2 commenced 15 June 2015 (LA s 75 (1)) pt 3 commenced 16 June 2015 (s 2) Building (Loose-fill Asbestos Eradication) Legislation Amendment Act 2015 A2015-42 pt 7 notified LR 5 November 2015 s 1, s 2 commenced 5 November 2015 (LA s 75 (1)) pt 7 commenced 13 November 2015 (s 2 (1) and CN2015-21) Planning, Building and Environment Legislation Amendment Act 2016 A2016-2 pt 3 notified LR 23 February 2016 s 1, s 2 commenced 23 February 2016 (LA s 75 (1)) pt 3 commenced 24 February 2016 (s 2) page 26 Electricity Feed-in (Renewable Energy Premium) Act 2008 R11 Effective: 25/02/16 25/02/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Endnotes Amendment history 4 4 Amendment history Commencement s2 om LA s 89 (4) Objects of Act s3 om A2009-8 s 4 Offences against Act—application of Criminal Code etc s 5AA ins A2015-20 s 11 Objects and important concepts pt 1A hdg ins A2009-8 s 5 Objects of Act s 5A ins A2009-8 s 5 Meaning of renewable energy generator and renewable energy source s 5B ins A2009-8 s 5 sub A2011-6 s 4 am A2015-20 s 12 Meaning of capacity s 5C ins A2009-8 s 5 sub A2011-6 s 4 Meaning of medium renewable energy generator and micro renewable energy generator s 5D ins A2009-8 s 5 sub A2011-6 s 4 Meaning of compliant s 5E ins A2011-6 s 4 am A2011-25 s 4; A2015-20 s 13 Meaning of eligible entity s 5F ins A2011-6 s 4 am A2011-52 amdt 3.74; A2012-32 s 6, s 7; A2014-48 amdt 1.18, amdt 1.19 Feed-in from renewable energy generators to electricity network s6 am A2009-8 ss 6-8; ss renum R1 (RI) LA; A2011-6 s 5; A2012-32 ss 8-10 What is the normal cost of electricity? s 6A ins A2009-8 s 9 Utility service s7 sub A2012-32 s 11 Payment for electricity from renewable energy generators s8 sub A2009-8 s 10 am A2011-6 ss 6-8; A2011-25 s 5, s 6 R11 Electricity Feed-in (Renewable Energy Premium) Act 2008 page 27 25/02/16 Effective: 25/02/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Endnotes 4 Amendment history Recovery of cost of renewable energy premium s 8A ins A2009-8 s 11 am A2011-6 s 9; A2012-32 s 12 Determination of premium rate s 10 am A2009-8 ss 12-15; pars renum R1 (RI) LA; A2011-6 ss 10-12; ss renum R2 LA; A2012-32 s 13; A2015-20 s 14 Premium rate—20 years s 11 am A2009-8 s 16; A2011-6 s 13; A2015-6 amdt 1.11; A2015-42 s 27, s 28 Reporting pt 3A hdg ins A2011-25 s 7 Report by Minister s 11A ins A2011-25 s 7 sub A2015-20 s 15 Electricity distributors to give information to Minister s 11B ins A2011-25 s 7 sub A2015-20 s 15 Audit of information given to Minister s 11C ins A2015-20 s 15 Regulation-making power s 12 am A2015-20 s 16 Transitional—Planning, Building and Environment Legislation Amendment Act 2016 pt 10 hdg ins A2016-2 s 5 exp 24 February 2016 (s 31) Effect of Electricity Feed-in (Renewable Energy Premium) Rate Determination 2011 (No 1) s 30 ins A2016-2 s 5 exp 24 February 2016 (s 31) Expiry—pt 10 s 31 ins A2016-2 s 5 exp 24 February 2016 (s 31) Dictionary dict am A2009-8 s 17; A2011-52 amdt 3.75; A2012-32 s 14 def capacity ins A2011-6 s 14 def compliant ins A2011-6 s 14 def customer om A2011-52 amdt 3.76 def electricity supplier om A2012-32 s 15 def eligible entity ins A2011-52 amdt 3.77 def medium renewable energy generator ins A2011-6 s 14 def micro renewable energy generator ins A2011-6 s 14 page 28 Electricity Feed-in (Renewable Energy Premium) Act 2008 R11 Effective: 25/02/16 25/02/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Endnotes Amendment history 4 def National Electricity (ACT) Law ins A2009-8 s 18 om A2011-52 amdt 3.78 def National Electricity (ACT) Regulations ins A2009-8 s 18 om A2011-6 s 15 def NEL compliant ins A2009-8 s 18 om A2011-6 s 15 def NERL retailer ins A2012-32 s 16 def normal cost of electricity ins A2009-8 s 18 def occupier om A2011-52 amdt 3.78 def premium rate sub A2009-8 s 19 am A2011-6 s 16 def renewable energy generator ins A2009-8 s 19 sub A2011-6 s 17 def renewable energy source sub A2009-8 s 19 sub A2011-6 s 17 def reporting entity ins A2015-20 s 17 def required information ins A2015-20 s 17 def transition franchise tariff retail price om A2011-6 s 18 def utility om A2012-32 s 17 R11 Electricity Feed-in (Renewable Energy Premium) Act 2008 page 29 25/02/16 Effective: 25/02/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Endnotes 5 Earlier republications 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication Effective Last Republication No and date amendment for made by R1 1 Mar 2009 not amended new Act 1 Mar 2009 6 Mar 2011 R1 (RI) 1 Mar 2009– A2009-8 reissue for 2 Mar 2009 6 Mar 2011 retrospective amendments by A2009-8 R2 7 Mar 2011– A2011-6 amendments by 7 Mar 2011 11 July 2011 A2011-6 R3 12 July 2011– A2011-25 amendments by 12 July 2011 11 Dec 2011 A2011-25 R4 12 Dec 2011– A2011-52 amendments by 12 Dec 2011 30 June 2012 A2011-52 R5 1 July 2012- A2012-32 amendments by 1 July 2012 19 Nov 2014 A2012-32 R6 20 Nov 2014- A2014-48 amendments by 20 Nov 2014 16 Apr 2015 A2014-48 R7 17 Apr 2015- A2015-6 amendments by 17 Apr 2015 15 June 2015 A2015-6 R8 16 June 2015- A2015-20 amendments by 16 June 2015 12 Nov 2015 A2015-20 R9 13 Nov 2015- A2015-42 amendments by 13 Nov 2015 23 Feb 2016 A2015-42 R10 24 Feb 2016- A2016-2 expiry of 24 Feb 2016 24 Feb 2016 transitional provision (pt 10) page 30 Electricity Feed-in (Renewable Energy Premium) Act 2008 R11 Effective: 25/02/16 25/02/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office Endnotes Expired transitional or validating provisions 6 6 Expired transitional or validating provisions This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)). Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry. To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act. © Australian Capital Territory 2016 R11 Electricity Feed-in (Renewable Energy Premium) Act 2008 page 31 25/02/16 Effective: 25/02/16 Unauthorised version prepared by ACT Parliamentary Counsel's Office