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Australian Capital Territory
Electricity Feed-in (Renewable Energy
Premium) Act 2008
A2008-21
Republication No 16
Effective: 16 December 2025
Republication date: 16 December 2025
Last amendment made by A2025-29
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About this republication
The republished law
This is a republication of the Electricity Feed-in (Renewable Energy Premium) Act 2008
(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes))
as in force on 16 December 2025. It also includes any commencement, amendment, repeal or
expiry affecting this republished law to 16 December 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears
immediately before the provision heading. The text of the modifying provision appears in the
endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
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Australian Capital Territory
Electricity Feed-in (Renewable Energy
Premium) Act 2008
Contents
Page
Part 1 Preliminary
1 Name of Act 2
4 Dictionary 2
5 Notes 2
5AA Offences against Act—application of Criminal Code etc 3
Part 1A Objects and important concepts
5A Objects of Act 4
5B Meaning of renewable energy generator and renewable energy source 4
5C Meaning of capacity 5
5D Meaning of medium renewable energy generator and micro renewable
energy generator 5
Section 1 - Electricity Feed-in (Renewable Energy Premium) Act 2008 - Electricity Feed-in (Renewable Energy Premium) Act 2008 | Zoe
Contents
Page
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5E Meaning of compliant 6
5F Meaning of eligible entity 7
Part 2 Renewable energy—supply to electricity
network
6 Feed-in from renewable energy generators to electricity network 10
6A What is the normal cost of electricity? 11
7 Utility service 11
8 Payment for electricity from renewable energy generators 11
8A Recovery of cost of renewable energy premium 13
9 Determination of percentages 13
Part 3 Renewable energy premium—determination
of rate
10 Determination of premium rate 14
11 Premium rate—20 years 15
Part 3A Reporting
11A Report by Minister 18
11B Electricity distributors to give information to Minister 18
11C Audit of information given to Minister 19
Part 3B Passing on reasonable administration costs
11D Electricity distributors may pass on reasonable administration costs 21
11E Maximum amount of administration costs—application for
determination 21
11F Maximum amount of administration costs—determination 22
Part 4 Miscellaneous
12 Regulation-making power 24
13 Review of operation of Act 24
Contents
Page
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Dictionary 25
Endnotes
1 About the endnotes 27
2 Abbreviation key 27
3 Legislation history 28
4 Amendment history 31
5 Earlier republications 34
6 Expired transitional or validating provisions 35
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Australian Capital Territory
Electricity Feed-in (Renewable Energy
Premium) Act 2008
An Act about the supply of electricity from solar and other renewable energy
sources to electricity distributors, and for other purposes
Part 1 Preliminary
Section 1
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Part 1 Preliminary
1 Name of Act
This Act is the Electricity Feed-in (Renewable Energy Premium)
Act 2008.
4 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this
Act, and includes references (signpost definitions) to other terms defined
elsewhere.
For example, the signpost definition ‘electricity distributor—see the
Utilities Act 2000, dictionary.’ means that the term ‘electricity
distributor’ is defined in that dictionary and the definition applies to this
Act.
Note 2 A definition in the dictionary (including a signpost definition) applies to
the entire Act unless the definition, or another provision of the Act,
provides otherwise or the contrary intention otherwise appears (see
Legislation Act, s 155 and s 156 (1)).
5 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Preliminary Part 1
Section 5AA
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5AA Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see
Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used
for offences to which the Code applies (eg conduct, intention,
recklessness and strict liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties
that are expressed in penalty units.
Part 1A Objects and important concepts
Section 5A
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Part 1A Objects and important concepts
5A Objects of Act
The objects of this Act are to—
(a) promote the generation of electricity from renewable energy
sources; and
(b) reduce the ACT’s contribution to human-induced climate
change; and
(c) diversify the ACT energy supply; and
(d) reduce the ACT’s vulnerability to long-term price volatility in
relation to fossil fuels.
5B Meaning of renewable energy generator and renewable
energy source
(1) In this Act:
renewable energy generator—
(a) means an energy generator that generates electricity from a
renewable energy source; and
(b) includes—
(i) a micro renewable energy generator; and
(ii) a medium renewable energy generator; but
(c) does not include a device that is capable of storing energy that
is not generated from a compliant renewable energy generator
under paragraph (b).
renewable energy source means any of the following:
(a) solar;
(b) wind;
Objects and important concepts Part 1A
Section 5C
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(c) any other source determined by the Minister.
(2) A determination is a disallowable instrument.
5C Meaning of capacity
(1) In this Act:
capacity, of a renewable energy generator, means—
(a) if the generator is a solar photovoltaic generator—the rated
power output of the panels of the generator; or
(b) if the Minister determines a method for measuring the capacity
of a generator under subsection (2)—the capacity measured by
the determined method.
(2) The Minister may determine the method for measuring the capacity
of renewable energy generators.
Note Power to make a statutory instrument (including a regulation) includes
power to make different provision for different categories (see
Legislation Act, s 48).
(3) A determination is a disallowable instrument.
5D Meaning of medium renewable energy generator and
micro renewable energy generator
In this Act:
medium renewable energy generator means a renewable energy
generator that has a total capacity more than 30kW but not more than
200kW.
micro renewable energy generator means a renewable energy
generator that has a total capacity not more than 30kW.
Part 1A Objects and important concepts
Section 5E
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5E Meaning of compliant
(1) For this Act, a renewable energy generator is compliant if—
(a) the generator is installed on premises in the ACT; and
(b) when connected to the electricity distributor’s network, it
complies with the service and installation rules; and
(c) the total capacity of the generator, or the total capacity of all
renewable energy generators installed on the premises, is not
more than—
(i) 200kW; or
(ii) if the Minister determines another capacity under
subsection (2)—the applicable determined capacity; and
(d) if the generator is a micro or medium renewable energy
generator—the generator is connected to the electricity
distributor’s network before the total capacity of all micro and
medium renewable energy generators connected to the network
reaches—
(i) 30MW; or
(ii) if the Minister determines another capacity under
subsection (3)—the determined capacity; and
(e) if the generator is a micro renewable energy generator—the
distributor received the application for the connection of the
generator by 29 July 2011; and
(f) if the generator is a medium renewable energy generator—the
distributor received the application for the connection of the
generator by 13 July 2011; and
(g) the generator is installed on premises and connected to the
electricity distributor’s network before 31 December 2016.
Objects and important concepts Part 1A
Section 5F
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(2) The Minister may determine a total capacity for the following:
(a) micro renewable energy generators installed on premises;
(b) medium renewable energy generators installed on premises;
(c) all renewable energy generators installed on premises.
(3) The Minister may determine the total capacity for all micro and
medium renewable energy generators connected to the electricity
distributor’s network.
(4) A determination is a disallowable instrument.
(5) In this section:
service and installation rules means the service and installation rules
for connection to the electricity distribution network, as in force from
time to time, made under a technical code, as in force from time to
time, made under the Utilities (Technical Regulation) Act 2014.
Note Technical codes made under the Utilities (Technical Regulation)
Act 2014 are accessible at www.legislation.act.gov.au. The service and
installation rules are accessible at www.actewagl.com.au.
5F Meaning of eligible entity
(1) In this Act:
eligible entity—
(a) means—
(i) if an incorporated association owns the premises on which
a compliant renewable energy generator is installed—the
incorporated association; or
(ii) if a co-operative owns the premises on which a compliant
renewable energy generator is installed—the co-operative;
or
Part 1A Objects and important concepts
Section 5F
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(iii) if a person owns commercial or retail premises on which a
compliant renewable energy generator is installed—the
person; or
(iv) if a person (the lessee) leases premises, or a part of
premises, to install or operate a compliant renewable
energy generator—the lessee; or
(v) in any other case—the occupier of premises on which a
compliant renewable energy generator is installed; but
(b) does not include—
(i) a territory agency; or
(ii) a territory-owned corporation; or
(iii) the Commonwealth or a Commonwealth authority; or
(iv) an entity determined by the Minister.
(2) A determination is a disallowable instrument.
(3) In this section:
commercial premises—see the Leases (Commercial and Retail)
Act 2001, section 7 (1).
Commonwealth authority means any of the following (other than an
educational institution):
(a) a corporation established for a public purpose under a
Commonwealth Act;
(b) a company in which a controlling interest is held by any 1 of the
following, or by 2 or more of the following together:
(i) the Commonwealth;
(ii) a corporation mentioned in paragraph (a);
(iii) an entity mentioned in subparagraph (i) or (ii).
Objects and important concepts Part 1A
Section 5F
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co-operative—see the Co-operatives National Law (ACT), section 4.
educational institution means—
(a) a government school or school-related institution established
under the Education Act 2004, section 20; or
(b) a registered higher education provider under the National
Vocational Education and Training Regulator Act 2011
(Cwlth).
incorporated association means an association incorporated under
the Associations Incorporation Act 1991 or a law of another
jurisdiction corresponding, or substantially corresponding, to that
Act.
occupier, of premises, means the person to whom electricity for the
premises is supplied by a NERL retailer.
retail premises—see the Leases (Commercial and Retail) Act 2001,
section 7 (2).
territory agency means any of the following (other than an
educational institution):
(a) the Territory;
(b) a territory instrumentality, and any other corporation established
for a public purpose under a territory law;
(c) a company in which a controlling interest is held by any 1 of the
following, or by 2 or more of the following together:
(i) the Territory;
(ii) a Minister;
(iii) a corporation mentioned in paragraph (b);
(iv) an entity mentioned in subparagraphs (i) to (iii).
Part 2 Renewable energy—supply to electricity network
Section 6
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Part 2 Renewable energy—supply to
electricity network
6 Feed-in from renewable energy generators to electricity
network
(1) This section applies to—
(a) an electricity distributor licensed to distribute electricity through
an electricity network; and
(b) a NERL retailer authorised to supply electricity from the
electricity network.
(2) It is a condition of the electricity distributor’s licence that the
distributor must, on application by an eligible entity—
(a) connect a renewable energy generator to the distributor’s
network to enable electricity generated by the generator to be
supplied to the network; and
(b) reimburse the NERL retailer that supplies electricity to the
eligible entity’s premises the difference between—
(i) the amount payable under subsection (3) for electricity
generated by the generator to be supplied to the network;
and
(ii) the normal cost of that electricity; and
(c) pass on to the eligible entity the additional metering costs in
relation to electricity generated by the generator.
(3) The NERL retailer must, on application by an eligible entity, pay the
eligible entity, in accordance with section 8, for the total amount of
electricity generated by the renewable energy generator on or after
the day the application is made.
Renewable energy—supply to electricity network Part 2
Section 6A
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6A What is the normal cost of electricity?
(1) The Minister may determine an amount to be the normal cost of
electricity in relation to a period.
(2) A determination is a notifiable instrument.
(3) The Minister may make guidelines for a determination under this
section.
(4) A guideline is a disallowable instrument.
7 Utility service
The action required by a distributor under section 6 (2) is a utility
service for the Utilities Act 2000.
Note The action required by a NERL retailer under s 6 (3) is a utility service
for the Utilities Act 2000, pt 4 (Industry codes) (see that Act, s 75B).
8 Payment for electricity from renewable energy generators
(1) For section 6 (3), payment must be at the following rate:
(a) for electricity generated by a micro renewable energy
generator—
(i) if an eligible entity entered into a contract for the
installation of the generator before 1 June 2011—
(A) 100% of the premium rate; or
(B) if a lower percentage is determined under section 9
for this paragraph—that percentage of the premium
rate; or
(ii) if an eligible entity entered into a contract for the
installation of the generator on or after 1 June 2011—
(A) 66% of the premium rate; or
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Section 8
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(B) if a lower percentage is determined under section 9
for this paragraph—that percentage of the premium
rate;
(b) for electricity generated by a medium renewable energy
generator—
(i) if an eligible entity entered into a contract for the
installation of the generator before the relevant date—
(A) 75% of the premium rate; or
(B) if a lower percentage is determined under section 9
for this paragraph—that percentage of the premium
rate; or
(ii) if an eligible entity entered into a contract for the
installation of the generator on or after the relevant date—
(A) 66% of the premium rate; or
(B) if a lower percentage is determined under section 9
for this paragraph—that percentage of the premium
rate.
(2) Payment must be made to the eligible entity quarterly in arrears for
the total amount of electricity generated by the generator.
(3) In this section:
relevant date means the day the Electricity Feed-in (Renewable
Energy Premium) Amendment Act 2011 (No 2) commenced.
Renewable energy—supply to electricity network Part 2
Section 8A
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8A Recovery of cost of renewable energy premium
(1) This section applies if a NERL retailer imposes a recovery of costs
on electricity consumers to recover the cost of a renewable energy
premium payable to an eligible entity under this Act.
(2) The recovery of costs must be imposed on an electricity consumer in
a way that is in proportion to the amount of electricity used by the
consumer.
9 Determination of percentages
(1) The Minister may determine percentages for section 8 (Payment for
electricity from renewable energy generators).
(2) A determination is a disallowable instrument.
Part 3 Renewable energy premium—determination of rate
Section 10
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Part 3 Renewable energy premium—
determination of rate
10 Determination of premium rate
(1) The Minister must determine the premium rate for amounts payable
by a NERL retailer under section 6 (Feed-in from renewable energy
generators to electricity network) for compliant renewable energy
generators.
(2) A determination is a disallowable instrument.
(3) In making a determination, the Minister—
(a) must seek the advice of the Independent Competition and
Regulatory Commission to assist the Minister to determine the
premium rate; and
(b) must give priority to the following:
(i) the desirability of costs under this Act impacting equitably
on all electricity users;
(ii) the need to encourage the generation of electricity from
renewable sources;
(iii) the need to reduce emissions from greenhouse gases;
(iv) the need to reduce the likely effects of climate change;
(v) the desirability of eligible entities being able to recoup
investment on renewable energy generators within a
reasonable time; and
(c) must have regard to the following:
(i) the amounts payable under this Act by an electricity
distributor;
(ii) the amounts payable under this Act by a NERL retailer;
Renewable energy premium—determination of rate Part 3
Section 11
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(iii) any additional metering costs passed on to an eligible entity
because of section 6 (2) (c);
(iv) any advice received from the Independent Competition and
Regulatory Commission in response to a request under
paragraph (a);
(v) anything else the Minister considers relevant.
(4) If the Minister receives any advice requested under subsection (3) (a),
the Minister must—
(a) present a copy of the advice to the Legislative Assembly within
3 sitting days after receiving the advice; and
(b) give a copy of the advice to each member of the Legislative
Assembly—
(i) at least 14 days before the Minister makes the
determination; but
(ii) within 30 days after receiving the advice.
11 Premium rate—20 years
(1) The premium rate for the financial year in which a renewable energy
generator is connected to a distributor’s network applies, if the
generator remains connected to the network, in relation to electricity
generated by the generator during the 20 years after the date of the
connection.
(2) For subsection (1), a generator is taken to remain connected to the
network—
(a) during any temporary interruption to the connection for repair
or maintenance work or relocation of the connection or
generator at the same premises; or
(b) if the generator is transferred with the premises to another
person who is an eligible entity in relation to the premises; or
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Section 11
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(c) if the generator is transferred to other premises in relation to
which the eligible entity is also an eligible entity.
(3) For subsection (1), a micro renewable energy generator (the old
generator) is taken to remain connected to the network if—
(a) the old generator was or is installed on premises that are, or are
on the same parcel of land as, affected residential premises or
eligible impacted property; and
(b) the affected residential premises or eligible impacted property
have been or are to be demolished; and
(c) the eligible entity for the affected residential premises or eligible
impacted property becomes an eligible entity in relation to other
premises (the new premises); and
(d) a micro renewable energy generator (the new generator) is
installed on the new premises; and
(e) the total capacity of the new generator is not greater than the
total capacity of the old generator when the old generator was
first connected to the network; and
(f) the new generator is connected to the network.
(4) In this section:
affected residential premises means premises, or a part of premises—
(a) that—
(i) are a class 1 or class 2 building; and
(ii) contain or have contained loose-fill asbestos insulation; or
(b) that are included in the affected residential premises register.
affected residential premises register—see the Dangerous
Substances Act 2004, section 47P (1).
class, of building—see the Building Act 2004, dictionary.
Renewable energy premium—determination of rate Part 3
Section 11
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eligible impacted property—see the Civil Law (Sale of Residential
Property) Act 2003, section 9A (1).
loose-fill asbestos insulation—see the Dangerous Substances
Act 2004, section 47I.
Part 3A Reporting
Section 11A
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Part 3A Reporting
11A Report by Minister
The Minister must, within 6 months after the end of each financial
year, publish on an appropriate government website a report about the
following:
(a) the number of compliant renewable energy generators installed
on premises in the ACT;
(b) the total capacity of compliant renewable energy generators
installed on premises in the ACT;
(c) the costs under this Act on electricity users.
11B Electricity distributors to give information to Minister
(1) The Minister must determine the information required to prepare a
report under section 11A (the required information).
(2) A determination is a disallowable instrument.
(3) Each of the following entities (a reporting entity) must give the
Minister the required information:
(a) an electricity distributor;
(b) a NERL retailer.
(4) If requested in writing, a reporting entity must, within 10 working
days after receiving the request, give the Minister any other
information the Minister reasonably requires to ensure the accuracy
of the required information.
Examples—other information
1 information about how the required information is recorded
2 information about how the reporting entity ensures the accuracy of the
required information
3 information about the experience and training of staff responsible for
recording and reporting on the required information
Reporting Part 3A
Section 11C
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(5) A reporting entity commits an offence if the entity—
(a) is required to give the Minister information under subsection (3)
or (4); and
(b) fails to give the Minister the information in accordance with this
section.
Maximum penalty: 30 penalty units.
(6) A reporting entity commits an offence if—
(a) the entity gives the Minister information required under
subsection (3) or (4); and
(b) the information is false or misleading in a material particular;
and
(c) the entity—
(i) knows that the information is false or misleading; or
(ii) is reckless about whether the information is false or
misleading.
Maximum penalty: 30 penalty units.
11C Audit of information given to Minister
(1) The Minister may require a reporting entity to undertake an audit of
the information provided by the reporting entity under section 11B, if
the Minister believes on reasonable grounds—
(a) the information is false, misleading or incomplete; or
(b) there is a risk that the information is false, misleading or
incomplete.
(2) The audit must be—
(a) completed within 3 months after the day it is required to be
undertaken; and
Part 3A Reporting
Section 11C
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(b) paid for by the reporting entity; and
(c) undertaken by—
(i) an auditor appointed by the Minister; or
(ii) if the Minister decides not to appoint an auditor—an
auditor that is independent of the reporting entity; and
(d) undertaken in accordance with requirements determined by the
Minister.
(3) A determination is a disallowable instrument.
(4) A reporting entity commits an offence if—
(a) the Minister requires the entity to undertake an audit under
subsection (1); and
(b) the entity fails to undertake the audit in accordance with this
section.
Maximum penalty: 400 penalty units.
Passing on reasonable administration costs Part 3B
Section 11D
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Part 3B Passing on reasonable
administration costs
11D Electricity distributors may pass on reasonable
administration costs
(1) For a financial year, an electricity distributor may pass on its
administration costs to an eligible entity up to the maximum amount
for the financial year.
(2) In this section:
administration costs, of an electricity distributor, means the
administration costs reasonably incurred by the distributor in meeting
its obligations under this Act.
maximum amount means the amount determined under section 11F.
11E Maximum amount of administration costs—application
for determination
(1) An electricity distributor may apply to the Minister for a
determination of the maximum amount of administration costs the
distributor may pass on under section 11D for a financial year
(the relevant financial year).
(2) The application must be made no later than 6 months before the
beginning of the relevant financial year.
(3) The application must include—
(a) for the financial year immediately before the relevant financial
year—the total amount of administration costs—
(i) incurred by the electricity distributor in that financial year;
and
(ii) recovered by the electricity distributor from eligible
entities under section 11D in that financial year; and
Part 3B Passing on reasonable administration costs
Section 11F
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(b) the estimated administration costs of the electricity distributor
for the relevant financial year.
(4) If the application does not contain sufficient information for the
Minister to make a decision, the Minister may, within 1 month after
the day the Minister receives the application, require the electricity
distributor to provide further information.
(5) The electricity distributor must provide the information to the
Minister within 10 working days after the day the information is
requested.
11F Maximum amount of administration costs—determination
(1) This section applies if an electricity distributor makes an application
under section 11E for a financial year.
(2) The Minister must determine the maximum amount that the
electricity distributor may pass on to an eligible entity for the
financial year no later than 2 months after the day the Minister
receives the application.
(3) In making a determination, the Minister must—
(a) consider the information provided by the electricity distributor
under section 11E; and
(b) ensure that the electricity distributor, eligible entities and ACT
electricity consumers are not unreasonably financially
disadvantaged by the determination.
(4) The Minister may determine the maximum amount for the financial
year to be—
(a) the amount mentioned in section 11E (3) (b); or
(b) another amount.
Passing on reasonable administration costs Part 3B
Section 11F
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(5) If the Minister does not make a determination within the required
period under subsection (2), the maximum amount that the electricity
distributor may pass on to an eligible entity for the financial year is
taken to be the amount mentioned in section 11E (3) (b).
(6) A determination under subsection (2) is a disallowable instrument.
Part 4 Miscellaneous
Section 12
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Part 4 Miscellaneous
12 Regulation-making power
(1) The Executive may make regulations for this Act.
(2) A regulation may make provision in relation to notices to be placed
at premises where a renewable energy generator is located.
(3) A regulation may create offences and fix maximum penalties of not
more than 30 penalty units for the offences.
13 Review of operation of Act
(1) The Minister must review the operation of this Act at least once every
5 years (a review period) after the day this Act commences.
(2) The review must include a consideration of the impact of costs under
this Act on electricity users and, in particular, whether the impacts are
equitable.
(3) The Minister must present a copy of the report of the review for a
review period to the Legislative Assembly not later than 6 months
after the end of the review period.
Dictionary
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Dictionary
(see s 4)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• disallowable instrument (see s 9)
• Executive
• Minister (see s 162)
• National Electricity (ACT) Law
• National Energy Retail Law (ACT)
• quarter
• regulation
• under.
additional metering costs, in relation to electricity generated by a
renewable energy generator connected to an electricity network,
means metering costs associated with the electricity that are in
addition to metering costs for which the distributor is responsible
under the rules under the National Electricity (ACT) Law.
capacity, of a renewable energy generator—see section 5C.
compliant—see section 5E.
electricity distributor—see the Utilities Act 2000, dictionary.
electricity network—see the Utilities Act 2000, section 7.
eligible entity—see section 5F (1).
medium renewable energy generator—see section 5D.
micro renewable energy generator—see section 5D.
NERL retailer means a person who holds a retailer authorisation
under the National Energy Retail Law (ACT).
normal cost of electricity—see section 6A.
Dictionary
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premium rate, for electricity supplied from a renewable energy
generator to an electricity distributor’s network, means the premium
rate determined under section 10 for the first financial year in which
both—
(a) the generator is connected to the network to enable electricity
generated by the generator to be supplied to the network; and
(b) the eligible entity for the generator makes the application for
payment mentioned in section 6 (3).
renewable energy generator—see section 5B.
renewable energy source—see section 5B.
reporting entity—see section 11B (3).
required information—see section 11B (1).
Endnotes
About the endnotes 1
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
3 Legislation history
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3 Legislation history
Electricity Feed-in (Renewable Energy Premium) Act 2008 A2008-21
notified LR 9 July 2008
s 1, s 2 commenced 9 July 2008 (LA s 75 (1))
remainder commenced 1 March 2009 (s 2 and CN2009-5)
as amended by
Electricity Feed-in (Renewable Energy Premium) Amendment
Act 2009 A2009-8
notified LR 2 March 2009
s 1, s 2 taken to have commenced 1 March 2009 (LA s 75 (2))
remainder taken to have commenced 1 March 2009 (s 2 and see
A2008-21)
Electricity Feed-in (Renewable Energy Premium) Amendment
Act 2011 A2011-6
notified LR 24 February 2011
s 1, s 2 commenced 24 February 2011 (LA s 75 (1))
remainder commenced 7 March 2011 (s 2 and CN2011-3)
Electricity Feed-in (Renewable Energy Premium) Amendment
Act 2011 (No 2) A2011-25
notified LR 11 July 2011
s 1, s 2 commenced 11 July 2011 (LA s 75 (1))
remainder commenced 12 July 2011 (s 2)
Statute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.21
notified LR 28 November 2011
s 1, s 2 commenced 28 November 2011 (LA s 75 (1))
sch 3 pt 3.21 commenced 12 December 2011 (s 2)
National Energy Retail Law (Consequential Amendments) Act 2012
A2012-32 pt 3
notified LR 14 June 2012
s 1, s 2 commenced 14 June 2012 (LA s 75 (1))
pt 3 commenced 1 July 2012 (s 2 (1) and see National Energy Retail
Law (ACT) Act 2012 A2012-31, s 2 (1) and CN2012-12)
Endnotes
Legislation history 3
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Training and Tertiary Education Amendment Act 2014 A2014-48 sch 1
pt 1.9
notified LR 6 November 2014
s 1, s 2 commenced 6 November 2014 (LA s 75 (1))
sch 1 pt 1.9 commenced 20 November 2014 (s 2)
Dangerous Substances (Loose-fill Asbestos Eradication) Legislation
Amendment Act 2015 A2015-6 sch 1 pt 1.4
notified LR 31 March 2015
s 1, s 2 commenced 31 March 2015 (LA s 75 (1))
sch 1 pt 1.4 commenced 17 April 2015 (s 2 and CN2015-6)
Electricity Feed-in Tariff Schemes Legislation Amendment Act 2015
A2015-20 pt 3
notified LR 15 June 2015
s 1, s 2 commenced 15 June 2015 (LA s 75 (1))
pt 3 commenced 16 June 2015 (s 2)
Building (Loose-fill Asbestos Eradication) Legislation Amendment
Act 2015 A2015-42 pt 7
notified LR 5 November 2015
s 1, s 2 commenced 5 November 2015 (LA s 75 (1))
pt 7 commenced 13 November 2015 (s 2 (1) and CN2015-21)
Planning, Building and Environment Legislation Amendment
Act 2016 A2016-2 pt 3
notified LR 23 February 2016
s 1, s 2 commenced 23 February 2016 (LA s 75 (1))
pt 3 commenced 24 February 2016 (s 2)
Co-operatives National Law (ACT) Act 2017 A2017-8 sch 2 pt 2.2
notified LR 4 April 2017
s 1, s 2 commenced 4 April 2017 (LA s 75 (1))
sch 2 pt 2.2 commenced 1 May 2017 (s 2)
Planning, Building and Environment Legislation Amendment
Act 2017 (No 2) A2017-20 pt 4
notified LR 15 June 2017
s 1, s 2 commenced 15 June 2017 (LA s 75 (1))
pt 4 commenced 16 June 2017 (s 2)
Endnotes
3 Legislation history
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Loose-fill Asbestos Legislation Amendment Act 2020 A2020-20 sch 1
pt 1.5
notified LR 27 May 2020
s 1, s 2 commenced 27 May 2020 (LA s 75 (1))
sch 1 pt 1.5 commenced 1 July 2020 (s 2)
Electricity Feed-in (Renewable Energy Premium) Amendment
Act 2020 A2020-37
notified LR 5 August 2020
s 1, s 2 commenced 5 August 2020 (LA s 75 (1))
remainder commenced 6 August 2020 (s 2)
Statute Law Amendment Act 2025 A2025-29 sch 4 pt 4.66
notified LR 6 November 2025
s 1, s 2 commenced 6 November 2025 (LA s 75 (1))
sch 4 pt 4.66 commenced 16 December 2025 (s 2 (6))
Endnotes
Amendment history 4
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4 Amendment history
Commencement
s 2 om LA s 89 (4)
Objects of Act
s 3 om A2009-8 s 4
Offences against Act—application of Criminal Code etc
s 5AA ins A2015-20 s 11
Objects and important concepts
pt 1A hdg ins A2009-8 s 5
Objects of Act
s 5A ins A2009-8 s 5
Meaning of renewable energy generator and renewable energy source
s 5B ins A2009-8 s 5
sub A2011-6 s 4
am A2015-20 s 12; A2025-29 amdt 4.66
Meaning of capacity
s 5C ins A2009-8 s 5
sub A2011-6 s 4
am A2025-29 amdt 4.66
Meaning of medium renewable energy generator and micro renewable
energy generator
s 5D ins A2009-8 s 5
sub A2011-6 s 4
Meaning of compliant
s 5E ins A2011-6 s 4
am A2011-25 s 4; A2015-20 s 13; A2017-20 s 10, s 11;
A2025-29 amdt 4.66
Meaning of eligible entity
s 5F ins A2011-6 s 4
am A2011-52 amdt 3.74; A2012-32 s 6, s 7; A2014-48
amdt 1.18, amdt 1.19; A2017-8 amdt 2.2; amdt 2.3;
A2025-29 amdt 4.66
Feed-in from renewable energy generators to electricity network
s 6 am A2009-8 ss 6-8; ss renum R1 (RI) LA; A2011-6 s 5;
A2012-32 ss 8-10
What is the normal cost of electricity?
s 6A ins A2009-8 s 9
am A2025-29 amdt 4.66
Endnotes
4 Amendment history
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Utility service
s 7 sub A2012-32 s 11
Payment for electricity from renewable energy generators
s 8 sub A2009-8 s 10
am A2011-6 ss 6-8; A2011-25 s 5, s 6
Recovery of cost of renewable energy premium
s 8A ins A2009-8 s 11
am A2011-6 s 9; A2012-32 s 12
Determination of percentages
s 9 am A2025-29 amdt 4.66
Determination of premium rate
s 10 am A2009-8 ss 12-15; pars renum R1 (RI) LA; A2011-6
ss 10-12; ss renum R2 LA; A2012-32 s 13; A2015-20 s 14;
A2025-29 amdt 4.66
Premium rate—20 years
s 11 am A2009-8 s 16; A2011-6 s 13; A2015-6 amdt 1.11;
A2015-42 s 27, s 28; A2020-20 amdt 1.14, amdt 1.15
Reporting
pt 3A hdg ins A2011-25 s 7
Report by Minister
s 11A ins A2011-25 s 7
sub A2015-20 s 15
Electricity distributors to give information to Minister
s 11B ins A2011-25 s 7
sub A2015-20 s 15
am A2020-37 s 4; A2025-29 amdt 4.66
Audit of information given to Minister
s 11C ins A2015-20 s 15
am A2020-37 ss 5-7, pars renum R15 LA; A2025-29
amdt 4.66
Passing on reasonable administration costs
pt 3B hdg ins A2020-37 s 8
Electricity distributors may pass on reasonable administration costs
s 11D ins A2020-37 s 8
Maximum amount of administration costs—application for determination
s 11E ins A2020-37 s 8
Maximum amount of administration costs—determination
s 11F ins A2020-37 s 8
am A2025-29 amdt 4.66
Endnotes
Amendment history 4
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Regulation-making power
s 12 am A2015-20 s 16; A2025-29 amdt 4.66
Transitional—Planning, Building and Environment Legislation Amendment
Act 2016
pt 10 hdg ins A2016-2 s 5
exp 24 February 2016 (s 31)
Effect of Electricity Feed-in (Renewable Energy Premium) Rate
Determination 2011 (No 1)
s 30 ins A2016-2 s 5
exp 24 February 2016 (s 31)
Expiry—pt 10
s 31 ins A2016-2 s 5
exp 24 February 2016 (s 31)
Dictionary
dict am A2009-8 s 17; A2011-52 amdt 3.75; A2012-32 s 14
def capacity ins A2011-6 s 14
def compliant ins A2011-6 s 14
def customer om A2011-52 amdt 3.76
def electricity supplier om A2012-32 s 15
def eligible entity ins A2011-52 amdt 3.77
def medium renewable energy generator ins A2011-6 s 14
def micro renewable energy generator ins A2011-6 s 14
def National Electricity (ACT) Law ins A2009-8 s 18
om A2011-52 amdt 3.78
def National Electricity (ACT) Regulations ins A2009-8 s 18
om A2011-6 s 15
def NEL compliant ins A2009-8 s 18
om A2011-6 s 15
def NERL retailer ins A2012-32 s 16
def normal cost of electricity ins A2009-8 s 18
def occupier om A2011-52 amdt 3.78
def premium rate sub A2009-8 s 19
am A2011-6 s 16
def renewable energy generator ins A2009-8 s 19
sub A2011-6 s 17
def renewable energy source sub A2009-8 s 19
sub A2011-6 s 17
def reporting entity ins A2015-20 s 17
def required information ins A2015-20 s 17
def transition franchise tariff retail price om A2011-6 s 18
def utility om A2012-32 s 17
Endnotes
5 Earlier republications
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5 Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to
the publication order.
Since 12 September 2001 every authorised republication has been published in
electronic pdf format on the ACT legislation register. A selection of authorised
republications have also been published in printed format. These republications are
marked with an asterisk (*) in column 1. Electronic and printed versions of an
authorised republication are identical.
Republication
No and date
Effective Last
amendment
made by
Republication
for
R1
1 Mar 2009
1 Mar 2009
6 Mar 2011
not amended new Act
R1 (RI)
2 Mar 2009
1 Mar 2009–
6 Mar 2011
A2009-8 reissue for
retrospective
amendments by
A2009-8
R2
7 Mar 2011
7 Mar 2011–
11 July 2011
A2011-6 amendments by
A2011-6
R3
12 July 2011
12 July 2011–
11 Dec 2011
A2011-25 amendments by
A2011-25
R4
12 Dec 2011
12 Dec 2011–
30 June 2012
A2011-52 amendments by
A2011-52
R5
1 July 2012
1 July 2012–
19 Nov 2014
A2012-32 amendments by
A2012-32
R6
20 Nov 2014
20 Nov 2014–
16 Apr 2015
A2014-48 amendments by
A2014-48
R7
17 Apr 2015
17 Apr 2015–
15 June 2015
A2015-6 amendments by
A2015-6
R8
16 June 2015
16 June 2015–
12 Nov 2015
A2015-20 amendments by
A2015-20
R9
13 Nov 2015
13 Nov 2015–
23 Feb 2016
A2015-42 amendments by
A2015-42
R10
24 Feb 2016
24 Feb 2016–
24 Feb 2016
A2016-2 amendments by
A2016-2