Commonwealth Numbered Regulations Commonwealth Numbered Regulations
[1] After Part 2
insert
Part 2A Clearing house for small-scale technology certificates
20G Operation of clearing house
(1) For subsection 30U (1) of the Act, the Regulator may operate the clearing house as part of the register of small-scale technology certificates.
(2) The clearing house transfer list is to be:
(a) maintained by electronic means; and
(b) made available for inspection on the internet.
(3) The Regulator must ensure that the clearing house transfer list is kept up to date.
(4) A person is not entitled to use the clearing house unless the person agrees to the terms and conditions determined by the Regulator for use of the clearing house.
(5) The Regulator must make the terms and conditions available to a person proposing to use the clearing house.
20H Application to enter small-scale technology certificates into clearing house
(1) For paragraph 30K (2) (c) of the Act, an application must be accompanied by the following information:
(a) the applicant's ABN and ACN (if any);
(b) the name and contact details of a contact person for the application;
(c) whether the applicant is registered for GST or required to be registered for GST;
(d) the bank account details of an Australian bank into which the Regulator is to make payments to the applicant for the sale of the applicant's small-scale technology certificates;
(e) the unique identification code for each small-scale technology certificate proposed to be entered into the clearing house;
(f) if the applicant is registered for GST or required to be registered for GST -- whether there is any reason why the transfer of any of the applicant's small-scale technology certificates to a purchaser under section 30N of the Act would not be a taxable supply.
(2) For paragraph 30K (2) (d) of the Act, the application must be accompanied by documents to establish the applicant's identity.
(3) Subregulations (1) and (2) do not apply if:
(a) the transferee has previously provided the information and documents to the Regulator; and
(b) the information and documents remain current.
20I Entering small-scale technology certificates into the clearing house
For subsection 30L (1) of the Act, if more than 1 small-scale technology certificate is included in an application under section 30K of the Act, the Regulator may, subject to subsection 30L (2) of the Act, include the certificates on the clearing house transfer list in the order in which the Regulator considers appropriate.
20J Removing small-scale technology certificates from clearing house transfer list
For paragraph 30U (2) (d) of the Act, the Regulator may remove a small-scale technology certificate from the clearing house transfer list if:
(a) the certificate has, for any reason, ceased to be valid; or
(b) the removal of the certificate is necessary to comply with a court order; or
(c) the Regulator decides to withdraw the certificate from the list under regulation 20K.
20K Regulator may withdraw small-scale technology certificates from clearing house
(1) This regulation applies if a small-scale technology certificate is on the clearing house transfer list and the registered owner of the certificate transfers the certificate to another person (the transferee ) otherwise than under Part 2A of the Act.
(2) For paragraph 30U (2) (c) of the Act, the Regulator may withdraw the certificate from the clearing house unless the transferee provides the Regulator with the following information and documents within the time specified in subregulation (3):
(a) the transferee's ABN and ACN (if any);
(b) the name and work contact details of a contact person for the certificate;
(c) whether the transferee is registered for GST or required to be registered for GST;
(d) the bank account details of an Australian bank into which the Regulator is to make payments to the transferee for the transfer of the certificate;
(e) if the transferee is registered for GST or required to be registered for GST -- whether there is any reason why the transfer of any of the transferee's certificates to a purchaser under section 30N of the Act would not be a taxable supply;
(f) documents to establish the applicant's identity.
(3) The information and documents must be provided to the Regulator by electronic communication:
(a) within 7 days after the certificate is transferred to the transferee; or
(b) no later than the day the certificate is listed at the top of the clearing house transfer list;
whichever occurs first.
(4) The Regulator must, within 7 days after withdrawing the certificate from the clearing house, notify the transferee in writing of the withdrawal.
(5) Subregulation (2) does not apply if:
(a) the transferee has previously provided the information and documents to the Regulator; and
(b) the information and documents remain current.
20L Owner may request Regulator to withdraw small‑scale technology certificates
(1) The registered owner of a small-scale technology certificate on the clearing house transfer list may, in writing, request the Regulator to withdraw the certificate from the clearing house.
(2) The request must be made by electronic communication to the Regulator.
(3) The electronic communication must be in the form specified by the Regulator.
20M Persons not entitled to purchase small-scale technology certificates through clearing house
(1) For subsection 30M (2) of the Act, a person is not entitled to make an application to purchase a small-scale technology certificate unless, before the person makes the application, the person is registered for GST and provides the Regulator with the following information and documents:
(a) the person's ABN or ACN (if any);
(b) the name and work contact details of a contact person for the certificate;
(c) the bank account details of an Australian bank into which the Regulator is to make any refunds to the person under the Act;
(d) whether there is any reason why the transfer of the certificate to the person under section 30N or subsection 30P (3) of the Act would not be a taxable supply; and
(e) documents to establish the applicant's identity.
(2) Subregulation (1) does not apply if:
(a) the person has previously provided the information and documents to the Regulator; and
(b) the information and documents remain current.
20N Small-scale technology certificates to be transferred or created within 3 days
(1) For paragraph 30U (2) (b) of the Act, if section 30N of the Act applies to an application to purchase a small-scale technology certificate, the Regulator must, in accordance with subsection 30N (2) of the Act, transfer the certificate within 3 business days after the GST inclusive clearing house price accompanying the application is received as cleared funds in the Regulator's bank account.
(2) For paragraph 30U (2) (b) of the Act, if section 30P of the Act applies to an application to purchase a small-scale technology certificate, the Regulator must, in accordance with subsection 30P (2) of the Act, create the certificate within 3 business days after the GST inclusive clearing house price accompanying the application is received as cleared funds in the Regulator's bank account.
20O Refunds
(1) This regulation is made for subparagraph 30U (2) (i) (i) of the Act and applies if the Regulator:
(a) has transferred 1 or more certificates to a purchaser; and
(b) is required under paragraph 30N (3) (b) of the Act to pay the seller the clearing house price for each certificate.
(2) The Regulator must pay into the purchaser's bank account an amount equal to 10% of the clearing house price for each certificate.
(3) In this regulation:
"bank account" , for a purchaser, means the purchaser's bank account, the details of which have been provided to the Regulator under paragraph 20M (c).
20P GST registration
(1) This regulation applies if the registered owner of a certificate that is on the clearing house transfer list becomes registered, or required to be registered, for GST, or ceases to be registered, or required to be registered, for GST, before the certificate is transferred to a purchaser under subsection 30N (2) of the Act.
(2) For subsection 30U (1) of the Act, the registered owner must notify the Regulator that the owner has become registered, or required to be registered, for GST or has ceased to be registered, or required to be registered, for GST.
(3) The notice must:
(a) be made by electronic communication; and
(b) be communicated to the Regulator within 7 days after the registered owner becomes registered, or required to be registered, for GST or ceases to be registered, or required to be registered, for GST.
[2] Before regulation 23
insert
23A Prescribed percentage
For subsection 38AF (7) of the Act, the prescribed percentage is 10%.
23B Energy acquisition statement lodged -- requirements for Regulator exercising powers or functions
(1) This regulation is made for subsection 38AF (9) of the Act and sets out the requirements the Regulator must comply with when exercising his or her functions or powers under section 38AF of the Act.
(2) If the Regulator is satisfied that the proposed amount specified in the liable entity's application is the best estimate of the liable entity's reduced acquisitions for the assessment year, the Regulator must determine that amount under paragraph 38AF (3) (a) of the Act.
(3) If the Regulator is not satisfied as mentioned in subregulation (2), the Regulator must, subject to subsection 38AF (5) of the Act, determine an amount that is the Regulator's best estimate of the liable entity's reduced acquisitions for the assessment year.
23C No energy acquisition statement lodged -- requirements for Regulator exercising powers or functions
(1) This regulation is made for subsection 38AG (8) of the Act and sets out the requirements the Regulator must comply with when exercising his or her functions or powers under section 38AG of the Act.
(2) If the Regulator is satisfied that the proposed amount for a quarter specified in the liable entity's application is the best estimate of 4 times the liable entity's reduced acquisitions for the relevant quarter, the Regulator must determine that amount for the relevant quarter under paragraph 38AG (3) (a) of the Act.
(3) If the Regulator is not satisfied as mentioned in subregulation (2), the Regulator must, subject to subsection 38AG (5) of the Act, determine an amount that is the Regulator's best estimate of 4 times the liable entity's reduced acquisitions for the relevant quarter.
(4) In making a decision under subregulation (2) or (3), the Regulator must deduct, on a pro-rata basis, the estimated total amount of partial exemptions for the assessment year from each quarter's relevant acquisitions.
23D Applications under section 38AF of Act
(1) This regulation is made for section 38AI of the Act and sets out the information that must be included in an application under section 38AF of the Act by a liable entity.
(2) The application must:
(a) set out the liable entity's reasons for choosing the proposed amount; and
(b) include a written statement from a person with responsibility for the liable entity's compliance with the Act that the proposed amount is the person's best estimate of the amount of the liable entity's reduced acquisitions for the year at the time of the application; and
(c) set out an estimate of the amount of relevant acquisitions made by the liable entity in the year before the day of the application; and
(d) set out any factors of which the liable entity is aware that could result in the amount of the liable entity's reduced acquisitions being more, or less, than the proposed amount; and
(e) if the application is made before 1 April in the assessment year -- set out the estimated amount of the liable entity's previous year's reduced acquisitions that would apply if the Regulator did not make a determination under section 38AF of the Act; and
(f) if the application is made after 1 April in the assessment year -- set out the amount of the liable entity's previous year's reduced acquisitions that would apply if the Regulator did not make a determination under section 38AF of the Act.
23E Applications under section 38AG of Act
(1) This regulation is made for section 38AI of the Act and sets out the information that must be included in an application under section 38AG of the Act by a liable entity.
(2) The application must:
(a) set out the liable entity's reasons for choosing the proposed amount; and
(b) include a written statement from a person with responsibility for the liable entity's compliance with the Act that, subject to subregulation (3), the proposed amount is the person's best estimate of 4 times the amount of the liable entity's reduced acquisitions for a relevant quarter at the time of the application; and
(c) set out an estimate of the amount of the relevant acquisitions made by the entity in the year before the day of the application; and
(d) specify whether there is any quarter in which the liable entity has not, or is not likely to, make any relevant acquisitions; and
(e) set out any factors of which the liable entity is aware that could result in the amount of the liable entity's reduced acquisitions being more, or less, than the proposed amount for a quarter.
(3) For paragraph (2) (b), the person is to assume that the total amount of partial exemptions are allocated on a pro-rata basis for the estimated amount of relevant acquisitions for the year.
[3] Regulations 24 and 25
substitute
24 Annual energy acquisition statements
(1) For paragraph 44 (2) (f) of the Act, an energy acquisition statement must set out the following information:
(a) the year to which the statement applies;
(b) the date of the statement;
(c) whether the liable entity must lodge a renewable energy shortfall statement for the year;
(d) how any small-scale technology shortfalls and large-scale generation shortfalls were calculated;
(e) the telephone number, fax number and email address (if any) of the liable entity;
(f) any large-scale generation shortfall charge refund owing under section 98 of the Act;
(g) any changes to information already given to the Regulator about the following matters for the liable entity:
(i) ownership;
(ii) company mergers;
(iii) street address, telephone number, fax number and email address (if any);
(iv) electricity supply arrangements;
(h) the year for which the renewable energy certificates are being surrendered;
(i) any adjustments to the information set out in an energy acquisition statement lodged in a previous year (for example, changes to the statement resulting from changes to the final settlement data issued by AEMO or IMO).
Note For other information that must also be included in the statement, see subsection 44 (2) of the Act.
(2) For paragraph 44 (6) (b) of the Act, an energy acquisition statement must be sent by post or fax to the Office of the Renewable Energy Regulator.
24A Surrender of small-scale technology certificates
For subparagraph 45 (1) (a) (ii) of the Act, the notice must be lodged electronically in the register of small-scale technology certificates.
24B Surrender of additional certificates
For paragraph 45C (2) (c) of the Act, the additional surrender notice must be lodged electronically in the register of large‑scale generation certificates or the register of small-scale technology certificates, as the case requires.
25 Annual large-scale generation shortfall statements
(1) For paragraph 46 (3) (e) of the Act, an annual large-scale generation shortfall statement must set out the following information:
(a) the year to which the statement applies;
(b) the telephone number, fax number and email address (if any) of the liable entity;
(c) how any large-scale generation shortfall charge was worked out;
(d) any adjustments to the information set out in a large-scale generation shortfall statement lodged in a previous year (for example, changes to the statement resulting from changes to the final settlement data issued by AEMO or IMO).
Note For other information that must also be included in the statement, see subsection 46 (3) of the Act.
(2) For paragraph 46 (6) (b) of the Act, a large-scale generation shortfall statement must be sent by post or fax to the Office of the Renewable Energy Regulator.
(3) If the large-scale generation shortfall statement is sent by fax, the original statement must also be sent by post to the Office of the Renewable Energy Regulator.
25A Annual small-scale technology shortfall statements
(1) For paragraph 46 (5) (d) of the Act, an annual small-scale technology shortfall statement must set out the following information:
(a) the year to which the statement applies;
(b) the telephone number, fax number and email address (if any) of the liable entity;
(c) how the small-scale technology shortfall charge was worked out;
(d) any adjustments to the information set out in a small-scale technology shortfall statement lodged in a previous year (for example, changes to the statement resulting from changes to the final settlement data issued by AEMO or IMO).
Note For other information that must also be included in the statement, see subsection 46 (5) of the Act.
(2) For paragraph 46 (6) (b) of the Act, a small-scale technology shortfall statement must be sent by post or fax to the Office of the Renewable Energy Regulator.
(3) If the small-scale technology shortfall statement is sent by fax, the original statement must also be sent by post to the Office of the Renewable Energy Regulator.
[4] Subregulation 28 (4)
substitute
(4) For subsection 45E (1) of the Act, the fee for the surrender of a certificate under Subdivision A of Division 1 of Part 5 of the Act is 8 cents.