102Restriction on certificate creation—suspension of person’s registration under Renewable Energy (Electricity) Act 2000

102  Restriction on certificate creation—suspension of person’s registration under Renewable Energy (Electricity) Act 2000

 (1) This section applies if:

 (a) a registered renewable electricity facility is an accredited power station; and

 (b) the registration under the Renewable Energy (Electricity) Act 2000 of the nominated person for the accredited power station is suspended under section 30 or 30A of that Act.

 (2) The eligible registered person for the facility must not:

 (i) the eligible amount of electricity for the facility and a time period that falls within, or overlaps with, the period of suspension; or

 (ii) the residual amount for a facility and a calendar month that falls within, or overlaps with, the period of suspension.

 (3) For the purposes of this section, it is immaterial whether the nominated person and the eligible registered person are the same person.

Subdivision C—Improper creation of certificates

103  Improper creation of REGO certificates

 (1) A person must not create a REGO certificate except in accordance with this Act.

 (2) A person is liable to a civil penalty if the person contravenes subsection (1).

 (3) Despite subsection 82(5) of the Regulatory Powers Act, the pecuniary penalty in relation to a contravention of subsection (1) of this section by an individual must not be more than the greater of:

 (a) 1 penalty unit for each REGO certificate to which the contravention relates, up to a maximum of 10,000 penalty units; and

 (b) 100 penalty units.

 (4) Despite subsection 82(5) of the Regulatory Powers Act, the pecuniary penalty in relation to a contravention of subsection (1) of this section by a body corporate must not be more than the greater of:

 (a) 5 penalty units for each REGO certificate to which the contravention relates, up to a maximum of 50,000 penalty units; and

 (b) 500 penalty units.

Subdivision D—Registration of certificates

104  Registration of REGO certificates

 (1) The eligible registered person for a registered renewable electricity facility may apply to the Regulator to register REGO certificates created in respect of:

 (a) the eligible amount of electricity for the facility and a time period; or

 (b) the residual amount for the facility and a calendar month.

 (c) include the information (if any) that is prescribed by the rules.

 (3) The Regulator must decide to:

 (a) register the certificates; or

 (b) refuse to register the certificates.