Australian Capital Territory
Energy Efficiency (Cost of Living) Improvement Amendment Act 2015
A2015-24
    
Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Energy savings target
Section 7 (2)	2
	5	Priority household target
Section 8 (2)	3
	6	Section 9	3
	7	Eligible activities
New section 10 (1A)	4
	8	New section 10A	4
	9	Meaning of compliance period
New section 12 (d) to (h)	5
	10	Working out energy savings obligation
Section 13 (2) (b)	5
	11	Section 13 (2), definition of emissions factor	5
	12	Section 13 (2), new definition of emissions multiplier	5
	13	New sections 17A and 17B	6
	14	Approval of acquired abatement factor
Section 18 (1)	7
	15	Compliance with energy savings obligations—retailer energy savings result
Section 20 (9) (b) (iii)	8
	16	Compliance with energy savings obligations—tier 2 retailer contribution for shortfall
Section 20B (2) (b) (iii)	8
	17	Compliance with priority household obligations—retailer priority household result
Section 21 (8) (b) (iii)	9
	18	Penalties for noncompliance
Section 22 (3) and note	9
	19	Administrator’s functions
Section 24 (a)	10
	20	New section 24 (ba)	10
	21	Codes of practice
New section 25 (1) (ba) and (bb)	10
	22	Record keeping requirements
New section 26 (1A)	11
	23	Power to destroy etc unsafe things
Section 47 (2) (c), except note	11
	24	Section 47 (7) (c)	11
	25	Powers of administrator to address contravention
Section 49A (1)	12
	26	Section 49A (1) (a) and (b)	12
	27	Section 49A (1) (c)	12
	28	Section 49A (1) (d)	12
	29	Section 49A (1) (d)	13
	30	Section 49A (1) (e)	13
	31	Notice before exercising power
Section 49B (3)	13
	32	Section 49B (4) and (5)	13
	33	Considerations for deciding under s 49B and s 49C
Section 49D (1)	14
	34	Rectification orders
Section 49E (1)	14
	35	Section 49E (2) to (4)	15
	36	Section 49E (6)	15
	37	Restriction of people—public safety
Section 49G (4) (f)	15
	38	Section 49G (7), definition of person	15
	39	New section 55A	16
	40	New part 15	16
	41	Reviewable decisions
Schedule 1, new items 1A and 1B	17
	42	Dictionary, new definitions	17
	43	Dictionary, definition of emissions factor	17
	44	Dictionary, new definition of emissions multiplier	17
	45	Dictionary, definition of tier 1 NERL retailer	18

Australian Capital Territory
Energy Efficiency (Cost of Living) Improvement Amendment Act 2015
A2015-24

An Act to amend the Energy Efficiency (Cost of Living) Improvement Act 2012

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Energy Efficiency (Cost of Living) Improvement Amendment Act 2015.
2	Commencement
	(1)	This Act (other than sections 4 to 6, 10 to 12, 43 and 44) commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
	(2)	Sections 4 to 6, 10 to 12, 43 and 44 commence on a day fixed by the Minister by written notice.
Note 1	A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).
Note 2	If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).
3	Legislation amended
This Act amends the Energy Efficiency (Cost of Living) Improvement Act 2012.
4	Energy savings target
Section 7 (2)
substitute
	(2)	A determination must be made—
	(a)	if the determination increases the energy savings target—at least 6 months before the start of the compliance period to which the target relates; and
	(b)	in any other case—at least 3 months before the start of the compliance period to which the target relates.
5	Priority household target
Section 8 (2)
substitute
	(2)	A determination must be made—
	(a)	if the determination increases the priority household target—at least 6 months before the start of the compliance period to which the target relates; and
	(b)	in any other case—at least 3 months before the start of the compliance period to which the target relates.
6	Section 9
substitute
9	Emissions multiplier
	(1)	The Minister must determine the number of tonnes of carbon dioxide equivalent greenhouse gas emissions attributed to the consumption in the ACT of 1MWh of electricity (the emissions multiplier) for a compliance period.
	(2)	In determining the emissions multiplier, the Minister must take into account the condition of, and changes in, the national electricity market.
	(3)	A determination must be made—
	(a)	if the determination increases the emissions multiplier—at least 6 months before the start of the compliance period to which the multiplier relates; and
	(b)	in any other case—at least 3 months before the start of the compliance period to which the multiplier relates.
	(4)	A determination is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
7	Eligible activities
New section 10 (1A)
insert
	(1A)	An eligible activity may include an activity undertaken in the Territory under an approved interstate energy efficiency scheme.
Note	Approved interstate energy efficiency scheme—see s 10A (1).
8	New section 10A
insert
10A	Approval of interstate energy efficiency scheme
	(1)	The Minister may approve an energy efficiency scheme operating in another jurisdiction for the purposes of this Act (an approved interstate energy efficiency scheme) if satisfied that—
	(a)	the approval of the scheme would complement, and not detract from, the achievement of the objects of this Act; and
	(b)	the arrangements for the monitoring and enforcement of compliance with the scheme are adequate.
Note	The power to make an instrument includes the power to amend or repeal the instrument. The power to amend or repeal the instrument is exercisable in the same way, and subject the same conditions, as the power to make the instrument (see Legislation Act, s 46).
	(2)	An approval is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
9	Meaning of compliance period
New section 12 (d) to (h)
insert
	(d)	1 January 2016 to 31 December 2016;
	(e)	1 January 2017 to 31 December 2017;
	(f)	1 January 2018 to 31 December 2018;
	(g)	1 January 2019 to 31 December 2019;
	(h)	1 January 2020 to 31 December 2020.
10	Working out energy savings obligation
Section 13 (2) (b)
omit
factor
substitute
multiplier
11	Section 13 (2), definition of emissions factor
omit
12	Section 13 (2), new definition of emissions multiplier
insert
emissions multiplier means the emissions multiplier determined for the compliance period.
13	New sections 17A and 17B
insert
17A	Approved abatement providers
	(1)	A person, other than a NERL retailer or a contractor engaged by a retailer, may apply to the administrator for approval to undertake an eligible activity as an abatement provider.
Note 1	If a form is approved under s 56 for this provision, the form must be used.
Note 2	A fee may be determined under s 55A for this provision.
	(2)	The administrator may, in writing, approve the person to undertake a stated eligible activity as an abatement provider (an approved abatement provider), with or without conditions.
	(3)	The administrator may cancel the approved abatement provider’s approval if the provider fails to comply with the approval or a condition of the approval.
	(4)	The administrator must keep a register of approved abatement providers.
	(5)	The register—
	(a)	must include details of each approved abatement provider; and
	(b)	may be kept in any form, including electronically, that the administrator decides; and
	(c)	may be made available to the public.
	(6)	An approved abatement provider commits an offence if—
	(a)	the provider’s approval is subject to a condition; and
	(b)	the provider fails to comply with the condition.
Maximum penalty:  50 penalty units.
17B	Approved abatement provider must lodge compliance plan
	(1)	An approved abatement provider must give a compliance plan for a compliance period to the administrator before undertaking an eligible activity in the period.
Note	For how documents may be given, see the Legislation Act, pt 19.5.
	(2)	A compliance plan must include the following:
	(a)	the proposed number of eligible activities to be undertaken by the provider during the compliance period;
	(b)	how the provider plans to meet the health, safety and environmental requirements relating to eligible activities;
	(c)	any other information required under an approved code of practice.
Note	If a form is approved under s 56 for this provision, the form must be used.
	(3)	An approved abatement provider commits an offence if the provider does not give a compliance plan to the administrator in accordance with this section.
Maximum penalty:  10 penalty units.
	(4)	An offence against this section is a strict liability offence.
14	Approval of acquired abatement factor
Section 18 (1)
omit
another person
substitute
an approved abatement provider or another retailer
15	Compliance with energy savings obligations—retailer energy savings result
Section 20 (9) (b) (iii)
substitute
	(iii)	for a shortfall in the compliance period 1 January 2015 to 31 December 2015—10%;
	(iv)	for a shortfall in the compliance period 1 January 2016 to 31 December 2016—10%;
	(v)	for a shortfall in the compliance period 1 January 2017 to 31 December 2017—10%;
	(vi)	for a shortfall in the compliance period 1 January 2018 to 31 December 2018—10%;
	(vii)	for a shortfall in the compliance period 1 January 2019 to 31 December 2019—10%;
	(viii)	for a shortfall in the compliance period 1 January 2020 to 31 December 2020—nil.
16	Compliance with energy savings obligations—tier 2 retailer contribution for shortfall
Section 20B (2) (b) (iii)
substitute
	(iii)	for a shortfall in the compliance period 1 January 2015 to 31 December 2015—10%;
	(iv)	for a shortfall in the compliance period 1 January 2016 to 31 December 2016—10%;
	(v)	for a shortfall in the compliance period 1 January 2017 to 31 December 2017—10%;
	(vi)	for a shortfall in the compliance period 1 January 2018 to 31 December 2018—10%;
	(vii)	for a shortfall in the compliance period 1 January 2019 to 31 December 2019—10%;
	(viii)	for a shortfall in the compliance period 1 January 2020 to 31 December 2020—nil.
17	Compliance with priority household obligations—retailer priority household result
Section 21 (8) (b) (iii)
substitute
	(iii)	for a shortfall in the compliance period 1 January 2015 to 31 December 2015—10%;
	(iv)	for a shortfall in the compliance period 1 January 2016 to 31 December 2016—10%;
	(v)	for a shortfall in the compliance period 1 January 2017 to 31 December 2017—10%;
	(vi)	for a shortfall in the compliance period 1 January 2018 to 31 December 2018—10%;
	(vii)	for a shortfall in the compliance period 1 January 2019 to 31 December 2019—10%;
	(viii)	for a shortfall in the compliance period 1 January 2020 to 31 December 2020—nil.
18	Penalties for noncompliance
Section 22 (3) and note
substitute
	(3)	The amount of a shortfall penalty is the amount per tonne of carbon dioxide equivalent greenhouse gas emissions in the net shortfall determined by the Minister.
Note	A shortfall penalty imposed under this Act must be paid to the Territory.
	(3A)	In determining an amount under subsection (3), the Minister must take into account the objects of this Act.
	(3B)	The Minister must make a determination at least 3 months before the start of the compliance period to which the shortfall penalty relates.
	(3C)	A determination is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
19	Administrator’s functions
Section 24 (a)
after
retailers
insert
and approved abatement providers
20	New section 24 (ba)
insert
	(ba)	approving, with or without conditions, and cancelling the approval of abatement providers;
21	Codes of practice
New section 25 (1) (ba) and (bb)
insert
	(ba)	the eligibility of approved abatement providers;
	(bb)	the acquisition of approved abatement factors;
22	Record keeping requirements
New section 26 (1A)
insert
	(1A)	An approved abatement provider must keep—
	(a)	the records that are necessary for the administrator to determine whether the provider has complied with any conditions on the approval; and
	(b)	any records about an eligible activity undertaken by the provider.
23	Power to destroy etc unsafe things
Section 47 (2) (c), except note
substitute
	(c)	if the authorised person believes on reasonable grounds that an eligible activity by a NERL retailer or approved abatement provider relating to the thing is a reason for the matters mentioned in subsection (1) (a) or (b)—the retailer or provider.
24	Section 47 (7) (c)
substitute
	(c)	if the authorised person is satisfied on reasonable grounds that the NERL retailer or approved abatement provider is responsible for making the thing unsafe—the retailer or provider.
25	Powers of administrator to address contravention
Section 49A (1)
omit
or the retailer’s agent,
substitute
the retailer’s agent or an approved abatement provider
26	Section 49A (1) (a) and (b)
omit
retailer or agent
substitute
retailer, agent or provider
27	Section 49A (1) (c)
after
retailer
insert
or provider
28	Section 49A (1) (d)
after 1st and 2nd mention of
retailer
insert
or provider
29	Section 49A (1) (d)
after 3rd mention of
retailer
insert
or approved abatement provider
30	Section 49A (1) (e)
after
retailer
insert
or provider
31	Notice before exercising power
Section 49B (3)
after
retailer
insert
or approved abatement provider
32	Section 49B (4) and (5)
substitute
	(4)	The notice must—
	(a)	state that the administrator will not make a rectification order unless the administrator is satisfied that it is appropriate to make the order in relation to the NERL retailer or approved abatement provider, because of the relationship between the retailer or provider and the land owner; and
	(b)	if the administrator is not satisfied that it is appropriate to make the order in relation to the NERL retailer or approved abatement provider, because of the relationship between the retailer or provider and the land owner—tell the retailer or provider that the administrator proposes to take action under section 49A (1) (d).
	(5)	In this section:
relevant person means a—
	(a)	NERL retailer or approved abatement provider; and
	(b)	person on whose land the retailer or provider has carried out an activity. 
33	Considerations for deciding under s 49B and s 49C
Section 49D (1)
after
retailer
insert
or approved abatement provider
34	Rectification orders
Section 49E (1)
omit
requiring the retailer
substitute
or approved abatement provider, requiring the retailer or provider
35	Section 49E (2) to (4)
after
retailer
insert
or approved abatement provider
36	Section 49E (6)
after
retailer
insert
or approved abatement provider
37	Restriction of people—public safety
Section 49G (4) (f)
after
retailer
insert
or approved abatement provider
38	Section 49G (7), definition of person
after
representative of a retailer
insert
, or an approved abatement provider
39	New section 55A
insert
55A	Determination of fees
	(1)	The Minister may determine fees for this Act.
Note	The Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3)
	(2)	A determination is a disallowable instrument.
Note	A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
40	New part 15
insert
Part 15	Transitional—Energy Efficiency (Cost of Living) Improvement Amendment Act 2015
100	Meaning of commencement day—pt 15
In this part:
commencement day means the day the Energy Efficiency (Cost of Living) Improvement Amendment Act 2015, section 18 commences.
101	Penalties for noncompliance
	(1)	The repealed section continues to apply to a net shortfall in a compliance period ending before 1 January 2016.
	(2)	In this section:
repealed section means this Act, section 22 (3) as in force immediately before the commencement day. 
102	Expiry—pt 15
This part expires 1 year after the commencement day.
Note	Transitional provisions are kept in the Act for a limited time.  A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).
41	Reviewable decisions
Schedule 1, new items 1A and 1B
before item 1, insert

1A	17A (2)	impose condition	approved abatement provider	
1B	17A (3)	cancelling an approval in relation to abatement provider	approved abatement provider	
42	Dictionary, new definitions
insert
approved abatement provider—see section 17A.
approved interstate energy efficiency scheme—see section 10A.
43	Dictionary, definition of emissions factor
omit
44	Dictionary, new definition of emissions multiplier
insert
emissions multiplier—see section 9.
45	Dictionary, definition of tier 1 NERL retailer
substitute
tier 1 NERL retailer, for a compliance period, means a NERL retailer that, in the previous compliance period—
	(a)	had, at any time during that period, at least 5 000 customers in the ACT; and
	(b)	sold at least 500 000MWh of electricity to customers in the ACT.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 4 June 2015.
2	Notification
	Notified under the Legislation Act on 18 August 2015.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

I certify that the above is a true copy of the Energy Efficiency (Cost of Living) Improvement Amendment Bill 2015, which was passed by the Legislative Assembly on 4 August 2015. 

Clerk of the Legislative Assembly

© Australian Capital Territory 2015