Part 2—Undertakings to be given by accredited power station applicants
Sch. Pt 2 item 3 amended by No. 67/2009 s. 15(1)(2).
3 Undertakings for applicants who are Commonwealth scheme participants
(a) will not create, while a Commonwealth scheme participant, a Commonwealth certificate in relation to electricity generated before 1 February 2010 utilising scheme capacity if a certificate is created under section 26 utilising that scheme capacity;
(b) will not cause a stakeholder who is a Commonwealth scheme participant to create, while a Commonwealth scheme participant, a Commonwealth certificate in relation to electricity generated before 1 February 2010 utilising scheme capacity if a certificate is created under section 26 utilising that scheme capacity.
Sch. Pt 2 item 4 amended by No. 67/2009 s. 15(3)(4).
4 Undertakings for 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
(b) will, as soon as reasonably practicable after becoming a Commonwealth scheme participant, provide to the ESC evidence, in writing, that the applicant has agreed with the Commonwealth Regulator for the Commonwealth Regulator to divulge or communicate to the ESC—
(i) protected information concerning the applicant; or
(ii) any other information held by the Commonwealth Regulator; and
(c) will, as soon as reasonably practicable after becoming a Commonwealth scheme participant who is a Commonwealth nominated person, provide to the ESC evidence, in writing, that the persons specified in the application in accordance with section 15(2)(c) have agreed with the applicant that they will each agree with the Commonwealth Regulator for the Commonwealth Regulator to divulge or communicate to the ESC—
(i) protected information concerning them; or
(ii) any other information held by the Commonwealth Regulator; and
(d) will, as soon as reasonably practicable after becoming a Commonwealth scheme participant who is a Commonwealth nominated person, provide to the ESC evidence, in writing, that the applicant has agreed with the Commonwealth Regulator for the Commonwealth Regulator to divulge or communicate to the ESC information about any of the components of the electricity generation system that became a Commonwealth scheme power station; and
(e) will not create, while a Commonwealth scheme participant, a Commonwealth certificate in relation to electricity generated before 1 February 2010 utilising scheme capacity if a certificate is created under section 26 utilising that scheme capacity; and
Part Part 2 - Victorian Renewable Energy Act 2006 - Undertakings to be given by accredited power station applicants | Zoe
(f) will not cause a stakeholder who is a Commonwealth scheme participant to create, while a Commonwealth scheme participant, a Commonwealth certificate in relation to electricity generated before 1 February 2010 utilising scheme capacity if a certificate is created under section 26 utilising that scheme capacity.
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 20 July 2006
Legislative Council: 22 August 2006
The long title for the Bill for this Act was "to promote the development of renewable energy generation through the establishment of a scheme that provides for the creation and acquisition of renewable energy certificates and requires the surrender of renewable energy certificates and for other purposes."
The Victorian Renewable Energy Act 2006 was assented to on 19 September 2006 and came into operation on 1 January 2007: section 2(2).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Victorian Renewable Energy Act 2006 by Acts and subordinate instruments.
| Assent Date: | 26.6.07 |
| Commencement Date: | S. 3(Sch. item 73) on 27.6.07: s. 2(1) |
| Current State: | This information relates only to the provision/s amending the Victorian Renewable Energy Act 2006 |
Energy Legislation Amendment (Australian Energy Market Operator) Act 2009, No. 23/2009
| Assent Date: | 17.6.09 |
| Commencement Date: | S. 36 on 1.7.09: Special Gazette (No. 222) 30.6.09 p. 1 |
| Current State: | This information relates only to the provision/s amending the Victorian Renewable Energy Act 2006 |
Victorian Renewable Energy Amendment Act 2009, No. 67/2009
| Assent Date: | 17.11.09 |
| Commencement Date: | Ss 4–15 on 10.12.09: Government Gazette 10.12.09 pp 3215, 3216 |
| Current State: | This information relates only to the provision/s amending the Victorian Renewable Energy Act 2006 |
Energy and Resources Legislation Amendment Act 2010, No. 55/2010
| Assent Date: | 14.9.10 |
| Commencement Date: | S. 86 on 14.10.10: Government Gazette 14.10.10 p. 2404 |
| Current State: | This information relates only to the provision/s amending the Victorian Renewable Energy Act 2006 |
Treasury Legislation and Other Acts Amendment Act 2014, No. 44/2014
| Assent Date: | 27.6.14 |
| Commencement Date: | S. 33(Sch. item 33) on 30.6.14: s. 2(5) |
| Current State: | This information relates only to the provision/s amending the Victorian Renewable Energy Act 2006 |
Oaths and Affirmations Act 2018, No. 6/2018
| Assent Date: | 27.2.18 |
| Commencement Date: | S. 68(Sch. 2 item 136) on 1.3.19: s. 2(2) |
| Current State: | This information relates only to the provision/s amending the Victorian Renewable Energy Act 2006 |
| Assent Date: | 19.10.21 |
| Commencement Date: | Ss 78–81 on 1.12.21: Special Gazette (No. 673) 30.11.21 p. 1 |
| Current State: | This information relates only to the provision/s amending the Victorian Renewable Energy Act 2006 |