217Limit on recovery of scheme compliance costs from small business gas customers

#### 217 Limit on recovery of scheme compliance costs from small business gas customers 217 Limit on recovery of scheme compliance costs from small business gas customers > > (1) A scheme participant must not, during a compliance period, charge a small business customer a fee or charge, however described, exceeding the relevant cap for the compliance period if the purpose of the fee or charge is to recover the costs to the scheme participant of complying with the renewable fuel scheme. > > > > Maximum penalty (subclause (1))— > > > > > (a) for a corporation—250 penalty units, or > > > > > (b) for an individual—50 penalty units. > > > (2) For the purposes of this clause, the relevant cap is— > > > > > (a) for the 2027 compliance period—$300, and > > > > > (b) in each subsequent compliance period—the amount calculated as follows— > > > > > > %20AND%20(No%3D094)%20AND%20(Year%3D1995)%20AND%20(%22Historical%20Document%22%3D0))/g5.gif) > > > > where— > > > > CPIyear-1is the CPI number for the September quarter of the immediately preceding compliance period. > > > > CPIyear-2 is the CPI number for the September quarter of the year before the immediately preceding compliance period. > > > (3) The relevant cap is to be rounded up to the nearest cent. > > > (4) If the amount of the relevant cap calculated for a compliance period is less than the amount that applied for the previous compliance period, the amount for the previous compliance period applies instead. > > > (5) The relevant cap for each compliance period, other than the relevant cap for 2027, must be published on the Scheme Regulator’s website before the beginning of the compliance period. > > > (6) In this clause— > > > > small business customer, in relation to a scheme participant, means— > > > > > (a) a person of a class specified by the Scheme Regulator for the purposes of this clause, or > > > > > (b) if a class is not specified under paragraph (a), a person who— > > > > > > > (i) purchases gas from the scheme participant, and > > > > > > > (ii) is a small customer under the [National Energy Retail Law (NSW)](/view/html/inforce/current/act-2012-37a), section 5(2)(b).