69Restrictions on certificates that can be surrendered

69 Restrictions on certificates that can be surrendered

A certificate cannot be surrendered under section 67 unless—

(a) the certificate is valid; and

(b) the certificate was created before 31 January in the year following the year to which the energy acquisition statement relates; and

(c) the relevant entity is recorded in the register of renewable energy certificates as the owner of the certificate at the time that the statement is lodged.

Part 6—Civil enforcement

Division 1—Renewable energy shortfall penalty

70 Shortfall statement

(1) If the ESC believes on reasonable grounds that a relevant entity is in breach of an obligation under section 61 in respect of a year, the ESC may issue a shortfall statement to the relevant entity.

(2) The shortfall statement must set out—

(a) the name and postal address of the relevant entity; and

(b) the relevant entity's renewable energy certificate shortfall for the year; and

(c) the renewable energy shortfall penalty that the relevant entity is liable to pay under section 62; and

(d) the manner in which that penalty is to be paid; and

(e) the time within which that penalty is to be paid; and

(f) any other information required by the ESC rules.

(3) The shortfall statement must include a statement advising the relevant entity that if the renewable energy shortfall penalty is not paid in accordance with the shortfall notice, the ESC may apply to a court for an order requiring the penalty to be paid.