115Undertakings given before commencement of Victorian Renewable Energy Amendment Act 2009

115 Undertakings given before commencement of Victorian Renewable Energy Amendment Act 2009

(1) An undertaking given to the ESC as required under section 9(2) before the commencement day has effect on and after the commencement day as if the undertaking were to the effect of clause 1 of the Schedule as amended and in force on and after the commencement day.

(2) An undertaking given to the ESC as required under section 9(3) before the commencement day has effect on and after the commencement day as if the undertaking were to the effect of clause 2 of the Schedule as amended and in force on and after the commencement day.

(3) An undertaking given to the ESC as required under section 16(3) before the commencement day has effect on and after the commencement day as if the undertaking were to the effect of clause 3 of the Schedule as amended and in force on and after the commencement day.

(4) An undertaking given to the ESC as required under section 16(4) before the commencement day has effect on and after the commencement day as if the undertaking were to the effect of clause 4 of the Schedule as amended and in force on and after the commencement day.

(5) In this section commencement day means the day on which section 14 of the Victorian Renewable Energy Amendment Act 2009 comes into operation.

Schedule––Undertakings to be given to the ESC

Sections 9, 16, 48

Part 1—Undertakings to be given by registered person applicants

Sch. Pt 1 item 1 amended by No. 67/2009 s. 14(1)(2).

1 Undertakings for registered person applicants who are Commonwealth scheme participants

(a) will not create, while a Commonwealth scheme participant, a Commonwealth certificate, before 1 February 2010, in relation to a small generation unit installed before 1 February 2010 if a certificate is created under section 32 in relation to that small generation unit;

(b) as an owner of a small generation unit installed before 1 February 2010, will not cause another person who is also—

(i) an owner of the small generation unit; and

(ii) a Commonwealth scheme participant—

to create, while a Commonwealth scheme participant, a Commonwealth certificate, before 1 February 2010, in relation to the small generation unit if a certificate is created under section 32 in relation to that small generation unit.

Sch. Pt 1 item 2 amended by No. 67/2009 s. 14(3)(4).

2 Undertakings for registered person applicants who are not Commonwealth scheme participants

(a) will, as soon as reasonably practicable, after becoming a Commonwealth scheme participant notify the ESC of that fact; and