113ESC rules

113 ESC rules

(1) The ESC may make rules for or with respect to any matter required or permitted by this Act to be provided for by the ESC rules or which is necessary or convenient for carrying out or giving effect to this Act.

(2) Without limiting subsection (1), rules made may be for or with respect to the following matters—

(a) eligibility of relevant power stations for accreditation;

(b) eligible renewable energy sources;

(c) the amount of energy generated by an accredited power station including in respect of pre-scheme capacity and scheme capacity;

(d) electricity generation returns and the audit of those returns;

(e) scheme acquisitions;

(f) annual energy acquisition statements and the audit of those statements;

(g) records to be kept by registered persons and relevant entities.

(3) The rules may apply, adopt or incorporate (with or without modifications)—

(a) the provisions of any document issued or published by any person or body, whether as issued or published at the time the rules are made or any time before then or as in force from time to time; and

(b) the provisions of any Act of the Commonwealth or another State or Territory or a subordinate instrument made under any of those Acts, whether wholly or partially or as amended by the rules or as in force or published at a particular time or from time to time.

(4) A rule may—

(a) apply generally or be of limited application;

(b) apply differently according to differences in time, place or circumstance;

(c) authorise any matter or thing to be from time to time approved, determined or regulated by a specified person or body.

(5) In preparing and consulting on any draft rules, the ESC must comply with the consultation requirements of the Charter of Consultation and Regulatory Practice published under the Essential Services Commission Act 2001, as far as possible, as if the draft rules were a draft determination of the ESC.

(6) The rules must be published in the Government Gazette and on the Internet site of the ESC.

(7) Rules take effect on the day that they are published in the Government Gazette or on such later date as is specified in the rules.

(8) The ESC must make an up to date copy of the rules available at its office for any person to inspect, during ordinary office hours, free of charge.

(9) A copy of a rule must be laid before each House of Parliament on or before the sixth sitting day after it is made.

(10) A rule is subject to disallowance by the Parliament and sections 23, 24 and 25 of the apply as if the rule were a statutory rule.