72Records to be kept by accredited persons and relevant entities

72 Records to be kept by accredited persons and relevant entities (1) A person who is an accredited person or a relevant entity must keep records that record and explain all transactions and other acts engaged in, or required to be engaged in, by the accredited person or relevant entity under this Act. S. 72(2) substituted by No. 15/2025 s. 52(1). (2) The records kept by an accredited person must include— (a) any record or document relevant to ascertaining details of all certificates created by the accredited person during a year; and (b) any other record or document specified in the ESC guidelines. S. 72(3) substituted by No. 15/2025 s. 52(2). (3) The records kept by a relevant entity must include— (a) any record or document relevant to ascertaining the amount of electricity and gas acquired by the relevant entity during a year; and (b) any other record or document specified in the ESC guidelines. (4) The records must be kept— (a) in writing in the English language or so as to enable the records to be readily accessible and convertible into writing in the English language; and (b) so that the relevant entity's liability under this Act can be readily ascertained. S. 72(5) amended by Nos 59/2011 s. 33(a), 34/2022 s. 53. (5) An accredited person (including an accredited person whose accreditation has been suspended or cancelled) or a relevant entity who has possession of any records kept or obtained under or for the purposes of this Act must retain them until the end of 6 years after those records were prepared or obtained, or the completion of the transactions or acts to which those records relate, whichever is the later. S. 72(6) amended by Nos 59/2011 s. 33(b), 34/2022 s. 53. (6) Nothing in this section requires an accredited person (including an accredited person whose accreditation has been suspended or cancelled) or a relevant entity to retain records if— (a) the ESC has notified the accredited person or relevant entity that the retention of the records is not required; or (b) the accredited person or relevant entity is a company that has gone into liquidation and been finally dissolved. (7) An accredited person or a relevant entity who contravenes this section is guilty of an offence and liable to a penalty not exceeding 60 penalty units, in the case of an individual, or 240 penalty units, in the case of a body corporate. Division 6—Fees 73 Fees S. 73(1) amended by No. 1/2017 s. 22(1). (1) The Minister, after consultation with the Minister administering the **Essential Services Commission Act 2001**, may fix fees for the purposes of this Act or regulations made under it. S. 73(2) amended by No. 1/2017 s. 22(2). (2) Without limiting subsection (1), the fees may include— S. 73(2)(a) amended by No. 34/2022 s. 17(a). (a) fees for an application for accreditation or renewal of accreditation; S. 73(2)(ab) inserted by No. 34/2022 s. 17(b). (ab) fees for late lodgement of an application for renewal of accreditation; S. 73(2)(ac) inserted by No. 34/2022 s. 17(b). (ac) fees for the variation of conditions of accreditation; (b) fees for the creation of a certificate; (c) fees for the transfer of a certificate; S. 73(2)(ca) inserted by No. 34/2022 s. 65. (ca) fees for the approval of a product; (d) fees for the lodging of an energy acquisition statement; (e) fees for the surrender of a certificate; S. 73(2)(ea) inserted by No. 34/2022 s. 27. (ea) fees for opening a VEET scheme registry account; (f) fees for a request for review of a reviewable decision. S. 73(3) amended by No. 1/2017 s. 22(3). (3) In fixing fees under this section, the Minister may have regard to the total amount of the costs and expenses of the ESC that are incurred or are likely to be incurred in the exercise of its powers, or in connection with the performance of its functions, under this Act or regulations made under it. (4) The power conferred by this section providing for the imposition of fees may be exercised by providing for all or any of the following matters— (a) specific fees; (b) maximum or minimum fees; (c) maximum and minimum fees; (d) scales of fees according to the value of goods or services provided for the fees; (e) the payment of fees either generally or under specified conditions or in specified circumstances; (f) the reduction, waiver or refund, in whole or in part, of the fees. (5) If under subsection (4)(f) provision is made for a reduction, waiver or refund, in whole or in part, of a fee, the reduction, waiver or refund may be expressed to apply either generally or specifically— (a) in respect of certain matters or transactions or classes of matters or transactions; or (b) in respect of certain documents or classes of documents; or (c) when an event happens; or (d) in respect of certain persons or classes of persons; or (e) in respect of any combination of matters, transactions, documents, events or persons— and may be expressed to apply subject to specified conditions or in the discretion of any specified person or body. (6) A fee that may be fixed under this section is not limited to an amount that is related to the cost of providing a service. (7) The fees must be published— (a) by notice in the Government Gazette; and (b) on the Internet site of the ESC. (8) Fees take effect on the day that the notice is published in the Government Gazette or on a later date as is specified in the notice. S. 73(9) inserted by No. 41/2021 s. 76(1). (9) Fees under this section cease to have effect on whichever of the following days occurs first— (a) the day the fees are revoked; (b) the day (if any) that the notice published in the Government Gazette under subsection (8) specifies as the day on which the fees cease to have effect; (c) the day that is 10 years after the day on which the fees took effect. Note to s. 73 inserted by No. 41/2021 s. 762(). Fees under this section are paid into the Essential Services Commission Operating Fund—see section 54ZU of the **Essential Services Commission Act 2001**.