Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

RENEWABLE ENERGY (ELECTRICITY) ACT 2000 - SECT 160

Records to be kept and preserved by registered persons, liable entities and holders of exemption certificates

  (1)   A person (the record - keeper ) who:

  (a)   is a registered person; or

  (b)   is a liable entity; or

  (c)   has been issued with an exemption certificate;

must keep records that record and explain all transactions and other acts engaged in, or required to be engaged in, by the record - keeper under this Act.

  (2)   The records kept by a registered person must include any documents relevant to ascertaining:

  (a)   the amount of electricity generated by the registered person during a year; and

  (b)   the amount of that electricity that was generated from eligible energy sources; and

  (c)   details of all large - scale generation certificates and small - scale technology certificates issued by the registered person during the year; and

  (d)   any other prescribed matter.

  (3)   The records kept by a liable entity must include any documents relevant to ascertaining:

  (a)   the amount of electricity acquired by the liable entity under relevant acquisitions during a year; and

  (b)   any other prescribed matter.

  (3A)   The records kept by a person who has been issued with an exemption certificate must include any documents relevant to ascertaining:

  (a)   a matter to which the certificate relates; and

  (b)   any other prescribed matter.

  (4)   The records must be kept:

  (a)   in writing in the English language or so as to enable the records to be readily accessible and convertible into writing in the English language; and

  (b)   in the case of records kept by a liable entity--so that the liable entity's liability under this Act can be readily ascertained; and

  (c)   in the case of records kept by a person who has been issued with an exemption certificate--so that matters to which the certificate relates can be readily ascertained.

  (5)   A record - keeper who has possession of any records kept or obtained under or for the purposes of this Act must retain them until the end of 5 years after those records were prepared or obtained, or the completion of the transactions or acts to which those records relate, whichever is later.

  (6)   Nothing in this section requires a record - keeper to retain records if:

  (a)   the Regulator has notified the record - keeper that the retention of the records is not required; or

  (b)   the record - keeper is a company that has gone into liquidation and been finally dissolved.

  (7)   A person commits an offence if the person fails to comply with a requirement under this section.

Penalty:   30 penalty units.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback