40MDeclaration of small renewable energy generation electricity general feed-in terms and conditions

40M Declaration of small renewable energy generation electricity general feed-in terms and conditions (a) section 40J containing ESC recommended general feed-in terms and conditions; or (b) section 40L containing ESC determined general feed-in terms and conditions. (a) ESC recommended general feed-in terms and conditions apply to the purchase of small renewable energy generation electricity by the relevant licensee named in the declaration whose prices, terms and conditions were assessed by the Commission as not being fair and reasonable; (b) ESC determined general feed-in terms and conditions apply to the purchase of small renewable energy generation electricity by the non-complying licensee named in the declaration. S. 40MAA inserted by No. 28/2015 s. 4. 40MAA Relevant licensee must input declared general feed-in terms and conditions into Minister nominated Internet site (1) This section applies to a relevant licensee named in a declaration under section 40M. (2) The relevant licensee must, as soon as practicable after the declaration is published in the Government Gazette, input the ESC recommended general feed-in terms and conditions or ESC determined general feed‑in terms and conditions that are the subject of the declaration into an Internet site nominated by the Minister so that the terms and conditions are able to be published on the Internet. The relevant licensee must also publish the ESC recommended general feed-in terms and conditions or ESC determined general feed-in terms and conditions on its Internet site—see section 40N. S. 40MA inserted by No. 41/2009 s. 12. 40MA Declaration of qualifying solar energy generation electricity premium solar feed‑in terms and conditions (a) section 40J containing ESC recommended premium solar feed-in terms and conditions; or (b) section 40L containing ESC determined premium solar feed-in terms and conditions. (a) ESC recommended premium solar feed-in terms and conditions apply to the purchase of qualifying solar energy generation electricity by the relevant licensee or small retail licensee named in the declaration whose terms and conditions were assessed by the Commission as not being fair and reasonable; (b) ESC determined premium solar feed-in terms and conditions apply to the purchase of qualifying solar energy generation electricity by the non-complying licensee named in the declaration. S. 40MAB inserted by No. 64/2011 s. 16. 40MAB Declaration of TFiT scheme terms and conditions (a) section 40J containing ESC recommended TFiT scheme terms and conditions; or (b) section 40L containing ESC determined TFiT scheme terms and conditions. (a) ESC recommended TFiT scheme terms and conditions apply to the purchase of TFiT scheme electricity by the relevant licensee or small retail licensee named in the declaration whose terms and conditions were assessed by the Commission as not being fair and reasonable; (b) ESC determined TFiT scheme terms and conditions apply to the purchase of TFiT scheme electricity by the non-complying licensee named in the declaration. S. 40MB inserted by No. 41/2009 s. 12. 40MB When do declared ESC recommended feed-in terms or conditions take effect? (1) Declared ESC recommended feed-in terms and conditions— (a) supersede the referred terms and conditions related to those recommended feed-in terms and conditions and that the Commission has assessed in a report under section 40J as not being fair and reasonable; and (b) take effect on— S. 40MB (1)(b)(i) amended by No. 64/2011 s. 17(1). (i) the day the relevant notice is published in the Government Gazette under section 40M(2)(a), 40MA(2)(a) or 40MAB(2)(a) (as the case requires); or (ii) if the notice specifies a later day, that day. (2) In subsection (1)— S. 40MB(2) def. of *declared ESC recommen-ded feed-in terms and conditions* amended by No. 64/2011 s. 17(2). ***declared ESC recommended feed-in terms and conditions*** means— (a) the prices, terms and conditions that have been declared under section 40M(2)(a) to apply to the purchase of small renewable energy generation electricity; or (b) the terms and conditions that have been declared under section 40MA(2)(a) to apply to the purchase of qualifying solar energy generation electricity; (c) the terms and conditions that have been declared under section 40MAB(2)(a) to apply to the purchase of TFiT scheme electricity. S. 40MC inserted by No. 41/2009 s. 12. 40MC When do declared ESC determined feed‑in terms or conditions take effect? (1) Declared ESC determined feed-in terms and conditions take effect on— S. 40MC(1)(a) amended by No. 64/2011 s. 18(1). (a) the day the relevant notice is published in the Government Gazette under section 40M(2)(b), 40MA(2)(b) or 40MAB(2)(b) (as the case requires); or (b) if the notice specifies a later day, that day. (2) In subsection (1)— S. 40MC(2) def. of *declared ESC determined feed-in terms and conditions* amended by No. 64/2011 s. 18(2). ***declared ESC determined feed-in terms and conditions*** means— (a) the prices, terms and conditions that have been declared under section 40M(2)(b) to apply to the purchase of small renewable energy generation electricity; or (b) the terms and conditions that have been declared under section 40MA(2)(b) to apply to the purchase of qualifying solar energy generation electricity; (c) the terms and conditions that have been declared under section 40MAB(2)(b) to apply to the purchase of TFiT scheme electricity. S. 40MD inserted by No. 41/2009 s. 12. 40MD Licence condition applying to relevant licensee named in Ministerial declaration A licence to sell electricity held by a relevant licensee named in— (a) a declaration under section 40M(2) is deemed to include a condition requiring that licensee to offer to purchase small renewable energy generation electricity from a relevant generator at the prices, and on the terms and conditions, declared under that declaration to apply to those purchases; S. 40MD(b) amended by No. 64/2011 s. 19(a). (b) a declaration under section 40MA(2) is deemed to include a condition requiring that licensee to offer to purchase qualifying solar energy generation electricity from a qualifying customer on the terms and conditions declared under that declaration to apply to those purchases; S. 40MD(c) inserted by No. 64/2011 s. 19(b). (c) a declaration under section 40MAB(2) is deemed to include a condition requiring that licensee to offer to purchase TFiT scheme electricity from a TFiT scheme customer on the terms and conditions declared under that declaration to apply to those purchases. S. 40ME inserted by No. 41/2009 s. 12, amended by No. 64/2011 s. 20 (ILA s. 39B(1)). 40ME Licence condition applying to small retail licensee named in Ministerial declaration (1) A licence to sell electricity held by a small retail licensee named in a declaration under section 40MA(2) is deemed to include a condition requiring that licensee to offer to purchase qualifying solar energy generation electricity from a qualifying customer on the terms and conditions declared under that declaration to apply to those purchases. S. 40ME(2) inserted by No. 64/2011 s. 20. (2) A licence to sell electricity held by a small retail licensee named in a declaration under section 40MAB(2) is deemed to include a condition requiring that licensee to offer to purchase TFiT scheme electricity from a TFiT scheme customer on the terms and conditions declared under that declaration to apply to those purchases. S. 40N inserted by No. 35/2007 s. 3. 40N Retailer Internet site must be up to date for small renewable energy generation electricity purchase offers S. 40N(1) amended by No. 41/2009 s. 13(1)(a). (1) A relevant licensee that publishes general renewable energy feed-in terms and conditions in accordance with the condition set out in section 40G(1) must— S. 40N(1)(a) amended by No. 41/2009 s. 13(1)(b)(c). (a) if those terms and conditions become referred terms and conditions, publish on its Internet site a note informing the public of that referral and that explains the effect of that referral; and S. 40N(1)(b) amended by No. 41/2009 s. 13(1)(b)(d). (b) if those terms and conditions are superseded by ESC recommended general feed-in terms and conditions declared under section 40M(2) as applying to purchases of small renewable energy generation electricity by that licensee, publish on its Internet site— S. 40N(1)(b)(ii) amended by No. 41/2009 s. 13(1)(d). (ii) the ESC recommended general feed-in terms and conditions that apply; and S. 40N(1)(b)(iii) amended by No. 41/2009 s. 13(1)(d). (iii) the day on which those ESC recommended general feed-in terms and conditions take effect. (2) A non-complying licensee must publish on its Internet site— S. 40N(2)(a) amended by No. 41/2009 s. 13(2). (a) ESC determined general feed-in terms and conditions that have been declared under section 40M(2) as applying to purchases of small renewable energy generation electricity by that licensee; and S. 40N(2)(b) amended by No. 41/2009 s. 13(2). (b) the day on which those ESC determined general feed-in terms and conditions take effect. S. 40NA inserted by No. 41/2009 s. 14. 40NA Retailer Internet site must be up to date for premium solar feed-in tariff offers (1) A relevant licensee that publishes premium solar feed-in tariff terms and conditions in accordance with the condition set out in section 40FF(1) or a small retail licensee that publishes premium solar feed-in tariff terms and conditions in accordance with the condition set out in section 40FG(3) must— (a) if those terms and conditions become referred terms and conditions, publish on its Internet site a note informing the public of that referral and that explains the effect of that referral; and (b) if those terms and conditions are superseded by terms and conditions declared under section 40MA(2)(a) as applying to purchases of qualifying solar energy generation electricity by the licensee, publish on its Internet site— (ii) the terms and conditions that apply; and (iii) the day on which the terms and conditions that apply take effect. (2) A relevant licensee or small retail licensee that is a non-complying licensee must publish on its Internet site— (a) the terms and conditions that have been declared under section 40MA(2)(b) as applying to purchases of qualifying solar energy generation electricity by the licensee; and (b) the day on which the terms and conditions that apply take effect. S. 40NB inserted by No. 41/2009 s. 14, substituted by No. 64/2011 s. 21. 40NB Retailer Internet site must be up to date for transitional feed‑in tariff offers (1) A relevant licensee that publishes TFiT scheme terms and conditions in accordance with the condition set out in section 40FF(1) or a small retail licensee that publishes TFiT scheme terms and conditions in accordance with the condition set out in section 40FG(3) must— (a) if those terms and conditions become referred terms and conditions, publish on its Internet site a note informing the public of that referral and that explains the effect of that referral; and (b) if those terms and conditions are superseded by terms and conditions declared under section 40MAB(2)(a) as applying to purchases of TFiT scheme electricity by the licensee, publish on its Internet site— (ii) the terms and conditions that apply; and (iii) the day on which the terms and conditions that apply take effect. (2) A relevant licensee or small retail licensee that is a non-complying licensee must publish on its Internet site— (a) the terms and conditions that have been declared under section 40MAB(2)(b) as applying to purchases of TFiT scheme electricity by the licensee; and (b) the day on which the terms and conditions that apply take effect. S. 40NC inserted by No. 64/2011 s. 21, amended by Nos 70/2013 s. 4(Sch. 2 item 15.2), 46/2014 s. 7, repealed by No. 14/2025 s. 28. Pt 2 Div. 5B (Heading and ss 40O–40S) inserted by No. 59/2008 s. 15.