97BBBenchmark participants

97BB Benchmark participants

97BB Benchmark participants

(1) The following persons are benchmark participants for the purposes of this Part—

(a) a retailer,

(b) an electricity generator prescribed by the regulations or any other person prescribed by the regulations, being an electricity generator or other person that supplies electricity directly to a customer under an electricity supply arrangement,

(c) a market customer (other than a retailer), but only in respect of an electricity load it has classified as a market load and that is electricity supplied for use in this State,

(d) a large customer who has made an election, that is in force, to be subject to a greenhouse gas benchmark,

(e) a person who is engaged in carrying out State significant development and who has made an election, that is in force, to be subject to a greenhouse gas benchmark.

(2) Regulations may be made for or with respect to the following matters—

(a) the making of elections to be subject to greenhouse gas benchmarks,

(b) the circumstances in which an election to be subject to a greenhouse gas benchmark takes effect or ceases to be in force,

(c) the greenhouse penalty payable by a customer or person whose election to be subject to a greenhouse gas benchmark ceases to be in force,

(d) the circumstances when a person is taken to be a large customer or a large customer who uses electricity at more than one site,

(e) the circumstances when a related entity of a customer is entitled to make an election to be subject to a greenhouse gas benchmark as a large customer,

(f) the circumstances when a person is taken to be engaged in a joint venture with a customer or a related entity of a customer,

(g) the electricity purchases to be taken into account for the purpose of applying section 97BD (2) (a) to a benchmark participant that is a large customer and is not the purchaser of the whole or part of the electricity that qualifies it (either in its own right or as a related entity of a customer) as a large customer.

s 97BB: Ins 2002 No 122, Sch 1 [2]. Am 2005 No 17, Sch 1 [12]; 2009 No 36, Sch 1 [6]; 2012 No 38, Sch 1 [105] [106].