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RENEWABLE ENERGY (ELECTRICITY) ACT 2000 - SECT 26

Certificates must be registered

  (1)   A certificate is not valid until it has been registered by the Regulator.

  (2)   The Regulator must be advised of the creation of a certificate by electronic transmission in the manner determined, in writing, by the Regulator.

  (3)   When the Regulator is notified that a certificate has been created, the Regulator must determine whether the certificate is eligible for registration.

  (3AA)   In determining whether a certificate is eligible for registration, the Regulator must have regard to any relevant:

  (a)   conclusions; or

  (b)   recommendations; or

  (c)   other material;

set out in a report of an inspection carried out in accordance with regulations made under subsection   23AAA(1).

Note:   Subsection   23AAA(1) deals with the inspection of the installation of small generation units.

  (3AB)   Subsection   (3AA) does not limit the matters to which regard may be had.

  (3A)   A certificate is not eligible for registration unless the Regulator has been paid the fee (if any) prescribed by the regulations for the registration of the certificate.

  (3B)   The amount of a fee prescribed under subsection   (3A) must be reasonably related to the expenses incurred, or to be incurred, by the Commonwealth in connection with:

  (a)   the performance of the Regulator's functions, or the exercise of the Regulator's powers, under this section; and

  (b)   the carrying out of inspections in accordance with regulations made under subsection   23AAA(1), to the extent to which the inspections are relevant to the performance of the functions, or the exercise of the powers, conferred on the Regulator by this section; and

  (c)   the preparation of reports of inspections carried out in accordance with regulations made under subsection   23AAA(1), to the extent to which such reports set out:

  (i)   conclusions; or

  (ii)   recommendations; or

  (iii)   other material;

    that is or are relevant to the performance of the functions, or the exercise of the powers, conferred on the Regulator by this section.

  (3C)   A fee prescribed under subsection   (3A) must not be such as to amount to taxation.

  (4)   If the Regulator determines that a certificate is eligible for registration, the Regulator must create an entry for the certificate in the register of large - scale generation certificates or the register of small - scale technology certificates (as appropriate) and record the person who created the certificate as the owner of the certificate.

  (5)   If the Regulator determines that a certificate is not eligible for registration, the Regulator must notify the person who created the certificate.

  (6)   The Regulator may at any time (whether before or after the registration of a certificate) require the person who created the certificate to provide to the Regulator a written statement containing such information as the Regulator requires in connection with the creation of the certificate. The person who created the certificate must provide the statement within the period (not being a period of less than 14 days) specified by the Regulator.

  (7)   This section does not apply in relation to a small - scale technology certificate created by the Regulator under section   30P.


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