CTHRepealedAct
Clean Energy Act 2011
170Power system reliability test
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#### 170 Power system reliability test
Scope
(1) This section applies to a generation complex if a certificate of eligibility for coal‑fired generation assistance is in force in respect of the generation complex.
Power system reliability test
(2) For the purposes of this Act, the generation complex passes the power system reliability test in relation to an eligible financial year (the relevant eligible financial year) if:
(a) the following conditions are satisfied:
(i) as at the start of 1 April in the previous eligible financial year, a person who owns, controls or operates the generation complex is registered as a generator in respect of the generation complex under a law of the Commonwealth, a State or a Territory relating to the regulation of energy markets;
(ii) as at the start of 1 July 2010, the nameplate rating in megawatts of the generation complex was registered under such a law;
(iii) as at the start of 1 April in the previous eligible financial year, the nameplate rating in megawatts of the generation complex was not less than the nameplate rating in megawatts of the generation complex that was registered under that law as at the start of 1 July 2010; or
(b) the following conditions are satisfied:
(i) as at the start of 1 April in the previous eligible financial year, a person who owns, controls or operates the generation complex is registered as a generator in respect of the generation complex under a law of the Commonwealth, a State or a Territory relating to the regulation of energy markets;
(ii) the nameplate rating in megawatts of the generation complex was first registered under the law at a time after the start of 1 July 2010 but before 1 April in the previous eligible financial year;
(iii) as at the start of 1 April in the previous eligible financial year, the nameplate rating in megawatts of the generation complex was not less than the nameplate rating in megawatts that was registered as mentioned in subparagraph (ii); or
(c) the following conditions are satisfied:
(i) neither paragraph (a) nor (b) applies;
(ii) as at the start of 1 April in the previous eligible financial year, a person who owns, controls or operates the generation complex is registered as a generator in respect of the generation complex under a law of the Commonwealth, a State or a Territory relating to the regulation of energy markets;
(iii) during the period beginning at the start of 1 July 2010 and ending immediately before 1 April in the previous eligible financial year, there were one or more reductions in the nameplate rating in megawatts of the generation complex;
(iv) the appropriate energy market operator certifies in writing that there is unlikely to be a breach of relevant power system reliability standards applicable to the energy market concerned at any time within 2 years after the reduction or reductions; or
(d) the following conditions are satisfied:
(i) neither paragraph (a) nor (b) applies;
(ii) at a time before 1 April in the previous eligible financial year, a person who owns, controls or operates the generation complex was registered as a generator in respect of the generation complex under a law of the Commonwealth, a State or a Territory relating to the regulation of energy markets;
(iii) during the period beginning at the start of 1 July 2010 and ending immediately before 1 April in the previous eligible financial year, the registration ceased to be in force;
(iv) the appropriate energy market operator certifies in writing that there is unlikely to be a breach of relevant power system reliability standards applicable to the energy market concerned at any time within 2 years after the cessation; or
(e) the conditions set out in section 171 are satisfied; or
(f) the following conditions are satisfied:
(i) the generation complex passed the power system reliability test in relation to an earlier eligible financial year because of paragraph (e);
(ii) the generation complex did so partly because, during the period mentioned in subparagraph 171(3)(a)(ii), there was a reduction in the nameplate rating in megawatts of the generation complex;
(iii) during the period beginning immediately after the end of the period mentioned in subparagraph 171(3)(a)(ii) and ending immediately before 1 April in the eligible financial year that preceded the relevant eligible financial year, there was no reduction in the nameplate rating in megawatts of the generation complex; or
(g) the following conditions are satisfied:
(i) the generation complex passed the power system reliability test in relation to an earlier eligible financial year because of paragraph (e);
(ii) the generation complex did so partly because of paragraph 171(3)(b).