Div 3Other matters

Division 3—Other matters 29—Administration (1) The Commission has such functions and powers as are necessary or expedient to give effect to the retailer energy productivity scheme including the following functions: (a) to administer the scheme; (b) to ensure that retailers comply with the relevant requirements of this Part; (c) to report to the Minister— (i) at the end of each year as to the administration of the scheme and the progress of retailers in achieving the targets set by this Part; and (ii) from time to time on any other matter relating to this Part as required by the Minister; (d) to include the following information in its annual report under the Essential Services Commission Act 2002: (i) information relating to energy productivity activities and measures being undertaken under this Part, including the kind, number and average cost of such activities and measures; (ii) any other information required by the Minister or considered relevant by the Commission. (2) The Commission (in the case of a relevant electricity retailer required to hold a licence under the Act)— (a) is required to impose a condition on the licence of the retailer under the Act that the retailer comply with the relevant provisions of this Part, pursuant to section 21(2) of the Act (so that a failure to comply with a relevant provision of this Part will constitute a contravention of a condition of the licence); and (b) is to vary conditions of the licence of the retailer under the Act to ensure that the retailer complies with the relevant provisions of this Part as required from time to time, pursuant to section 27(1) of the Act (so that a failure to comply with a relevant provision of this Part will constitute a contravention of a condition of the licence). 30—Notification and adjustment of targets (1) The Commission must, in relation to each calendar year in which the retailer energy productivity scheme is to apply, notify in writing each retailer of any annual— (a) EPT; and (b) primary subtarget; and (c) secondary subtarget, that applies to the retailer for that year. (2) The Commission may adjust a target that would otherwise apply to a retailer after taking into account any energy productivity shortfall under regulation 26 or 27 from a previous year that must be added to the target in accordance with regulation 26 or 27 (as the case requires). (3) The Commission may, in accordance with any requirements of the Minister, also adjust a target that would otherwise apply to a retailer in 2021 to reflect any amount to be added to the target under a notice published by the Minister under old regulation 35A (approving an alternative arrangement relating to the retailer). (4) If the customers of 1 retailer (in this regulation referred to as the first retailer) are transferred during a year to another retailer (in this regulation referred to as the acquiring retailer) by the sale, transmission or assignment of the whole or part of the business or undertaking of the first retailer, the Commission may adjust the targets of both the first retailer and the acquiring retailer for that year on a pro rata basis taking into account the date on which the customers were transferred. (a) this Part and Part 4 of the Gas Regulations 2012 did not apply to the acquiring retailer before the transfer of customers to the acquiring retailer as a result of the operation of regulation 22(1); and (b) as a result of the transfer of customers the acquiring retailer has at least the threshold number of customers set for the purposes of regulation 22(1)(a) or the threshold amount set for the purposes of regulation 22(1)(b), this Part and Part 4 of the Gas Regulations 2012 apply with immediate effect to the acquiring retailer and the Commission must— (c) in accordance with subregulation (1), notify the acquiring retailer of its targets under this Part; and (d) adjust the targets that apply to both the first retailer and the acquiring retailer for that year on a pro rata basis taking into account the date on which the transfer of customers occurred. (6) Subject to subregulation (7), if a retailer accrues an energy credit in a year and does not transfer the credit under regulation 31, the Commission must, on application by the relevant retailer, take the credit into account in determining whether the retailer has met a target that applies to the retailer in any subsequent year. (7) The Minister may, by notice in the Gazette, determine the maximum energy credit that a retailer may apply to have taken into account in determining whether the retailer has met a target that applies to the retailer in the subsequent year. (8) The Minister must publish a notice under subregulation (7) in the Gazette on or before 31 December in the year preceding the year in which the energy credit may be accrued. Example— The Minister publishes a notice in December 2021 determining the maximum energy credit that a retailer may apply in 2023 to have taken into account in determining whether the retailer has met a target applying to the retailer (in 2023). (9) In this regulation— old regulation 35A means regulation 35A of these regulations as in force immediately before 1 January 2021. 31—Retailers may enter into arrangements (1) If a retailer accrues an energy credit, the retailer may, at any time, transfer the credit to another retailer. (2) A retailer may enter into an arrangement with another person (including another retailer) for that person to undertake energy productivity activities on its behalf. (3) Despite any arrangement entered into under subregulation (2), a retailer remains liable for any offence or penalty arising from a failure to meet an EPT, primary subtarget or secondary subtarget that applies to the retailer under this Part. 32—Energy productivity activities acquisition scheme (1) The Minister may adopt a scheme providing for— (a) energy productivity activities to be performed by persons or bodies in accordance with the scheme; and (b) retailers to acquire energy productivity activities performed by such persons or bodies under the scheme in connection with achieving targets under this Part; and (c) procedural and other matters related to the operation of the scheme. (2) A scheme adopted under this regulation must be published by the Minister in the manner determined by the Minister. (3) A reference in this regulation to an energy productivity activity includes a reference to any activity or measure relating to energy productivity determined by the Minister for the purposes of this regulation (in addition to an activity or measure determined by the Minister under regulation 28). 33—Compliance and reporting (1) A retailer must, as required from time to time by the Commission, submit to the Commission a compliance plan for the purposes of this Part in accordance with a code published by the Commission under Part 4 of the Essential Services Commission Act 2002. (2) A retailer must, as required from time to time by the Commission, report on compliance with this Part in accordance with a code published by the Commission under Part 4 of the Essential Services Commission Act 2002. (3) A code published under this regulation must comply with any requirements of the Minister. 34—Energy productivity shortfalls (1) For the purposes of section 94B of the Act, a relevant electricity retailer is a retailer who is subject to the application of this Part (including on account of regulation 26(5) or 27(4)). (2) For the purposes of section 94B(13)(a) of the Act, the requirements imposed under this Part on a retailer— (a) to undertake energy productivity activities under regulation 26 sufficient to achieve the relevant EPT; and (b) to undertake energy productivity activities under regulation 27 sufficient to achieve any relevant primary subtarget or secondary subtarget, constitute the activities relating to energy productivity in which a relevant electricity retailer must engage, and for the purposes of that section the retailer must engage in those activities to the extent necessary to achieve compliance with regulation 26(2) or 27(2) (as the case requires). (3) For the purposes of section 94B(13)(b) of the Act, the extent of an energy productivity shortfall with respect to a particular year— (a) will be determined in relation to each of the activities referred to in subregulation (2)(a) and (b); and (b) will be as follows: (i) in relation to energy productivity activities under regulation 26—an amount equal to the energy productivity shortfall applying to the retailer for that year; (ii) in relation to energy productivity activities under regulation 27 relating to a primary subtarget or secondary subtarget—an amount equal to the energy productivity shortfall for the primary subtarget or secondary subtarget (as the case requires) applying to the retailer for that year. (4) For the purposes of section 94B(2)(a) of the Act, the prescribed base penalty is $10 000 for each category of shortfall identified under subregulation (3). (5) For the purposes of subsection (2)(b) of section 94B of the Act, the amount payable under that subsection will be— (a) in the case of an energy productivity shortfall under subregulation (3)(b)(i)—the amount constituting the energy productivity shortfall (expressed in normalised gigajoules) multiplied by $21.45; or (b) in the case of an energy productivity shortfall under subregulation (3)(b)(ii)—the amount constituting the energy productivity shortfall for the relevant primary subtarget or secondary subtarget (expressed in normalised gigajoules) multiplied by $21.45. 35—Review (1) The Minister must cause a review of the operation of this Part to be conducted and a report on the results of the review to be submitted to the Minister before 31 December 2029. (2) The review must consider whether the scheme should continue and any other matter the Minister considers should be considered in the review. (3) The Minister must, within 12 sitting days after receiving the report, cause copies of the report to be laid before both Houses of Parliament. 36—Expiry This Part will expire on 31 December 2030.