Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Electricity Industry Amendment (Transitional
Feed-in Tariff Scheme) Bill 2011
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
PART 2--AMENDMENT OF ELECTRICITY INDUSTRY
ACT 2000 3
3 New definitions for the purposes of Division 5A of Part 2 3
4 New section 40FAB inserted 5
40FAB Meaning of transitional feed-in scheme tariff terms
and conditions 5
5 New section 40FCA inserted 7
40FCA Meaning of TFiT scheme period 7
6 Required feed-in terms and conditions 8
7 New section 40FEA inserted 8
40FEA Minister may declare TFiT scheme end day 8
8 Relevant licensee must publish TFiT scheme terms and
conditions 9
9 Small retail licensees may offer to purchase TFiT scheme
electricity 10
10 Distribution company obligations in relation to TFiT scheme 11
11 Distribution company reporting obligations 11
12 When do published feed-in offers take effect? 13
13 Reference of small renewable energy generation electricity
feed-in offers to Commission 14
14 Commission assessment of small renewable energy
generation feed-in terms or conditions 15
15 Commission determination of small renewable energy
generation prices, terms and conditions 16
16 New section 40MAB inserted 17
40MAB Declaration of TFiT scheme terms and conditions 17
17 When do declared ESC recommended feed-in terms or
conditions take effect? 18
18 When do declared ESC determined feed-in terms or
conditions take effect? 18
571179B.I-11/10/2011 i BILL LA INTRODUCTION 11/10/2011
Clause Page
19 Licence condition applying to relevant licensee named in
Ministerial declaration 19
20 Licence condition applying to small retail licensee named in
Ministerial declaration 19
21 New section 40NB substituted and new section 40NC
inserted 20
40NB Retailer Internet site must be up to date for
transitional feed-in tariff offers 20
40NC Retailer reporting in relation to general feed-in
tariff scheme 21
22 Statute law revision 22
PART 3--AMENDMENT OF NATIONAL ELECTRICITY
(VICTORIA) ACT 2005 23
23 Transitional feed-in tariff scheme obligation is a regulatory
obligation or requirement 23
24 New section 16AB inserted 24
16AB Modification of National Electricity Rules for the
purpose of transitional feed-in tariff scheme 24
PART 4--REPEAL OF AMENDING ACT 25
25 Repeal of amending Act 25
ENDNOTES 26
571179B.I-11/10/2011 ii BILL LA INTRODUCTION 11/10/2011
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Electricity Industry Amendment
(Transitional Feed-in Tariff Scheme)
Bill 2011
A Bill for an Act to amend the Electricity Industry Act 2000 and the
National Electricity (Victoria) Act 2005 and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The purpose of this Act is--
(a) to amend the Electricity Industry Act 2000
5 to introduce a new energy feed-in tariff
scheme that will commence after the
premium solar feed-in tariff scheme reaches
its capacity; and
571179B.I-11/10/2011 1 BILL LA INTRODUCTION 11/10/2011
Electricity Industry Amendment (Transitional Feed-in Tariff Scheme) Bill
2011
Part 1--Preliminary
s. 2
(b) to make related amendments to the National
Electricity (Victoria) Act 2005 to give
effect to the new energy feed-in tariff
scheme.
5 2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision referred to in subsection (1) does
not come into operation before 1 October 2012, it
10 comes into operation on that day.
__________________
571179B.I-11/10/2011 2 BILL LA INTRODUCTION 11/10/2011
Electricity Industry Amendment (Transitional Feed-in Tariff Scheme) Bill
2011
Part 2--Amendment of Electricity Industry Act 2000
s. 3
PART 2--AMENDMENT OF ELECTRICITY INDUSTRY
ACT 2000
3 New definitions for the purposes of Division 5A of
Part 2
5 (1) In section 40F(1) of the Electricity Industry Act See:
Act No.
2000 insert the following definitions-- 68/2000.
Reprint No. 6
"distributor TFiT obligation period means the as at
17 March
period-- 2011
and
(a) commencing on the TFiT scheme start amending
10 day; and Act No.
74/2010.
(b) ending on the day that is the last day a LawToday:
www.
distribution company conveys any TFiT legislation.
scheme electricity along a distribution vic.gov.au
system operated by that distribution
15 company;
ESC determined TFiT scheme terms and
conditions means terms and conditions
determined under section 40L(1)(c);
ESC recommended TFiT scheme terms and
20 conditions means terms and conditions
recommended, and contained in, a report
under section 40J(2A)(b);
statutory minimum TFiT conditions means the
conditions specified under section
25 40FAB(2);
TFiT scheme credit has the meaning given by
section 40FAB(2)(a);
TFiT scheme customer, of a relevant licensee or
small retail licensee, means a person who--
30 (a) purchases electricity from that relevant
licensee or small retail licensee; and
571179B.I-11/10/2011 3 BILL LA INTRODUCTION 11/10/2011
Electricity Industry Amendment (Transitional Feed-in Tariff Scheme) Bill
2011
Part 2--Amendment of Electricity Industry Act 2000
s. 3
(b) engages in the generation of electricity
on or after the TFiT scheme start day--
(i) at a property that the person
occupies as their principal place of
5 residence by means of one TFiT
scheme generating facility at the
property; or
(ii) at one or more properties--
(A) that the person occupies,
10 otherwise than as a place of
residence, by means of one
TFiT scheme generating
facility at each of those
properties; and
15 (B) at which the person's annual
consumption rate of
electricity is 100 megawatt
hours or less; and
(c) has been exempted by Order under
20 section 17 from the requirement to hold
a licence in respect of the generation of
electricity for supply and sale;
TFiT scheme electricity means electricity that a
TFiT scheme customer generates on or after
25 the TFiT scheme start day and does not use;
TFiT scheme end day means the day declared by
notice under section 40FEA(1);
TFiT scheme generating facility means a
photovoltaic generation facility that--
30 (a) has an installed or name-plate
generating capacity of 5 kilowatts or
less; and
(b) is connected to a distribution system on
or after the TFiT scheme start day;
571179B.I-11/10/2011 4 BILL LA INTRODUCTION 11/10/2011
Electricity Industry Amendment (Transitional Feed-in Tariff Scheme) Bill
2011
Part 2--Amendment of Electricity Industry Act 2000
s. 4
TFiT scheme period, for a TFiT scheme
customer, has the meaning given by
section 40FCA;
TFiT scheme start day means the day on which
5 section 3 of the Electricity Industry
Amendment (Transitional Feed-in Tariff
Scheme) Act 2011 comes into operation;
TFiT scheme terms and conditions has the
meaning given by section 40FAB;".
10 (2) In section 40F(1) of the Electricity Industry Act
2000, in the definition of small renewable energy
generation facility, after "qualifying solar energy
generating facility" insert "or a TFiT scheme
generating facility".
15 4 New section 40FAB inserted
After section 40FA of the Electricity Industry
Act 2000 insert--
"40FAB Meaning of transitional feed-in scheme
tariff terms and conditions
20 (1) TFiT scheme terms and conditions are terms
and conditions comprising an offer under
which a relevant licensee or small retail
licensee will purchase from a TFiT scheme
customer of that licensee TFiT scheme
25 electricity during the TFiT scheme period for
that customer.
(2) TFiT scheme terms and conditions must, as a
minimum, include terms and conditions
under which--
30 (a) an amount not less than $0.25 per
kilowatt-hour is credited against the
charges payable to the relevant licensee
or small retail licensee by the TFiT
scheme customer for electricity the
35 licensee supplies to that customer
571179B.I-11/10/2011 5 BILL LA INTRODUCTION 11/10/2011
Electricity Industry Amendment (Transitional Feed-in Tariff Scheme) Bill
2011
Part 2--Amendment of Electricity Industry Act 2000
s. 4
during the TFiT scheme period for that
customer (a TFiT scheme credit); and
(b) a TFiT scheme credit that arises during
a period of supply of electricity to the
5 TFiT scheme customer during the TFiT
scheme period for that customer is
included in the electricity bill of that
customer that relates to that period of
supply; and
10 (c) if, in a period of supply of electricity to
the TFiT scheme customer during the
TFiT scheme period for that customer,
a TFiT scheme credit exceeds the
amount owed by that customer for
15 electricity supplied to that customer in
that period of supply, the excess TFiT
scheme credit amount is--
(i) credited against the charges
payable to the relevant licensee or
20 small retail licensee by that
customer for electricity the
licensee supplies to that customer
in the next period of supply of
electricity to that customer; and
25 (ii) included in that customer's
electricity bill that relates to that
period of supply of electricity; and
(d) any excess TFiT scheme credit amount
referred to in paragraph (c) is
30 extinguished on the first of the
following to occur--
(i) the day that is 12 months after the
day--
(A) a TFiT scheme credit first
35 arises in respect of the TFiT
scheme customer; or
571179B.I-11/10/2011 6 BILL LA INTRODUCTION 11/10/2011
Electricity Industry Amendment (Transitional Feed-in Tariff Scheme) Bill
2011
Part 2--Amendment of Electricity Industry Act 2000
s. 5
(B) a TFiT scheme credit first
arises in respect of the TFiT
scheme customer after an
excess TFiT scheme credit
5 amount referred to in
paragraph (c) is extinguished
under this paragraph--
as the case requires;
(ii) the day the contract for the supply
10 of electricity by the relevant
licensee or small retail licensee to
the TFiT scheme customer ends;
(iii) the day that is the last day of the
TFiT scheme period for the TFiT
15 scheme customer; and
(e) any contract between the relevant
licensee or small retail licensee and the
TFiT scheme customer for the purchase
of TFiT scheme electricity by the
20 licensee during the TFiT scheme period
for that customer is conditional on that
customer giving the licensee details of
that customer's principal place of
residence.".
25 5 New section 40FCA inserted
After section 40FC of the Electricity Industry
Act 2000 insert--
"40FCA Meaning of TFiT scheme period
(1) The TFiT scheme period for a TFiT scheme
30 customer is the period--
(a) commencing on the TFiT scheme start
day; and
571179B.I-11/10/2011 7 BILL LA INTRODUCTION 11/10/2011
Electricity Industry Amendment (Transitional Feed-in Tariff Scheme) Bill
2011
Part 2--Amendment of Electricity Industry Act 2000
s. 6
(b) ending on the earlier of--
(i) the fifth anniversary of the TFiT
scheme start day; or
(ii) the TFiT scheme end day.
5 (2) However, if there is a TFiT scheme end day,
the TFiT scheme period for a TFiT scheme
customer who has a contract in operation for
the supply of TFiT scheme electricity to a
relevant licensee or small retail licensee
10 immediately before that day, and has been
credited with a TFiT scheme credit at any
time before that day, is the period--
(a) commencing on the TFiT scheme start
day; and
15 (b) ending on the fifth anniversary of that
commencement.".
6 Required feed-in terms and conditions
(1) In the heading to section 40FD of the Electricity
Industry Act 2000 after "tariff" insert
20 "and TFiT scheme".
(2) In section 40FD of the Electricity Industry Act
2000 after "credit" insert "or a TFiT scheme
credit (as the case requires)".
7 New section 40FEA inserted
25 After section 40FE of the Electricity Industry
Act 2000 insert--
"40FEA Minister may declare TFiT scheme end
day
(1) The Minister, by notice published in the
30 Government Gazette, may declare a day to
be the TFiT scheme end day.
571179B.I-11/10/2011 8 BILL LA INTRODUCTION 11/10/2011
Electricity Industry Amendment (Transitional Feed-in Tariff Scheme) Bill
2011
Part 2--Amendment of Electricity Industry Act 2000
s. 8
(2) The Minister may declare a day under
subsection (1) if--
(a) the Minister is satisfied that the
aggregate of the installed or name-plate
5 generating capacity of TFiT scheme
generating facilities is equal to or
greater than 75 megawatts; or
(b) the Minister has estimated that the
average cost per customer of electricity
10 per year arising out of the operation of
the TFiT scheme is $5 or more; or
(c) the Minister considers it appropriate to
do so--
whichever occurs first.
15 (3) In this section TFiT scheme means the
amendments made to this Division by the
Electricity Industry Amendment
(Transitional Feed-in Tariff Scheme) Act
2011.
20 Note
See also the definition of TFiT scheme period in
section 40F(1).".
8 Relevant licensee must publish TFiT scheme terms
and conditions
25 (1) In the heading to section 40FF of the Electricity
Industry Act 2000 after "tariff" insert "and
TFiT scheme tariff".
(2) In section 40FF(1) of the Electricity Industry
Act 2000 after "conditions" (where secondly
30 occurring) insert "or TFiT scheme terms and
conditions (as the case requires)".
(3) In section 40FF(2) of the Electricity Industry
Act 2000 after "conditions" (where first
occurring) insert "or TFiT scheme terms and
35 conditions".
571179B.I-11/10/2011 9 BILL LA INTRODUCTION 11/10/2011
Electricity Industry Amendment (Transitional Feed-in Tariff Scheme) Bill
2011
Part 2--Amendment of Electricity Industry Act 2000
s. 9
9 Small retail licensees may offer to purchase TFiT
scheme electricity
(1) In the heading to section 40FG of the Electricity
Industry Act 2000, for "solar energy at
5 premium solar feed-in tariff" substitute
"qualifying solar energy generation electricity
or TFiT scheme electricity".
(2) For section 40FG(1) of the Electricity Industry
Act 2000 substitute--
10 "(1) A small retail licensee may offer to
purchase--
(a) qualifying solar energy generation
electricity from a qualifying customer
during the premium solar feed-in tariff
15 period for the qualifying customer;
(b) TFiT scheme electricity from a TFiT
scheme customer during the TFiT
scheme period for the TFiT scheme
customer.".
20 (3) In section 40FG(3) of the Electricity Industry
Act 2000, after "conditions" (where secondly
occurring) insert "or TFiT scheme terms and
conditions (as the case requires)".
(4) In section 40FG(4) of the Electricity Industry
25 Act 2000, after "conditions" (where first
occurring) insert "or TFiT scheme terms and
conditions".
(5) After section 40FG(5) of the Electricity Industry
Act 2000 insert--
30 "(5A) If a small retail licensee decides to stop
purchasing TFiT scheme electricity from a
TFiT scheme customer during the TFiT
scheme period for the TFiT scheme
customer, it may publish a notice to that
35 effect.".
571179B.I-11/10/2011 10 BILL LA INTRODUCTION 11/10/2011
Electricity Industry Amendment (Transitional Feed-in Tariff Scheme) Bill
2011
Part 2--Amendment of Electricity Industry Act 2000
s. 10
(6) In section 40FG(6) and (7) of the Electricity
Industry Act 2000 after "(5)" insert "or (5A)".
10 Distribution company obligations in relation to
TFiT scheme
5 (1) In the heading to section 40FH of the Electricity
Industry Act 2000, after "electricity" insert "and
TFiT scheme electricity".
(2) After section 40FH(2) of the Electricity Industry
Act 2000 insert--
10 "(2A) Without limiting the generality of section
20(2) or (3) or section 21, the licence to
distribute electricity held by that distribution
company is deemed to include a condition
requiring that distribution company to
15 include in a use of system agreement with a
relevant licensee or small retail licensee, a
condition that credits to the relevant licensee
or small retail licensee the amount of
$0.25 per kilowatt-hour for TFiT scheme
20 electricity that is conveyed along a
distribution system operated by that
distribution company during the distributor
TFiT obligation period.".
11 Distribution company reporting obligations
25 (1) For section 40FJ(1) and (2) of the Electricity
Industry Act 2000 substitute--
"(1) Without limiting the generality of section
20(2) or (3) or section 21, a licence to
distribute electricity is deemed to include a
30 condition requiring the distribution company
holding the licence to, within one month
after each reporting day, give to the Minister
a report that specifies--
571179B.I-11/10/2011 11 BILL LA INTRODUCTION 11/10/2011
Electricity Industry Amendment (Transitional Feed-in Tariff Scheme) Bill
2011
Part 2--Amendment of Electricity Industry Act 2000
s. 11
(a) the number of qualifying solar energy
generating facilities connected, on the
reporting day, to a distribution system
operated by that licensee; and
5 (b) the aggregate installed or name-plate
generating capacity of qualifying solar
energy generating facilities connected,
on the reporting day, to a distribution
system operated by that licensee; and
10 (c) the total amount of qualifying solar
energy generation electricity conveyed,
in the 6 months prior to the reporting
day, along a distribution system
operated by that licensee.
15 (2) In subsection (1) reporting day means
30 June and 31 December of every year.
(2A) Without limiting the generality of section
20(2) or (3) or section 21, a licence to
distribute electricity is deemed to include a
20 condition requiring the distribution company
holding the licence to, within one month
after every calendar month after the TFiT
scheme start day, give to the Minister a
report that specifies--
25 (a) the number of TFiT scheme generating
facilities connected, at the end of the
previous calendar month, to a
distribution system operated by that
licensee; and
30 (b) the aggregate installed or name-plate
generating capacity of TFiT scheme
generating facilities connected, at the
end of the previous calendar month, to
a distribution system operated by that
35 licensee; and
571179B.I-11/10/2011 12 BILL LA INTRODUCTION 11/10/2011
Electricity Industry Amendment (Transitional Feed-in Tariff Scheme) Bill
2011
Part 2--Amendment of Electricity Industry Act 2000
s. 12
(c) the total amount of TFIT scheme
electricity conveyed, in the previous
calendar month, along a distribution
system operated by that licensee.
5 (2B) Subsection (1) ceases to apply on
31 December 2024.
(2C) Subsection (2A) ceases to apply on
31 December 2016.".
(2) In section 40FJ(3) of the Electricity Industry Act
10 2000, after "(1)" insert "or (2A)".
12 When do published feed-in offers take effect?
(1) In section 40H(1) of the Electricity Industry Act
2000, for "and premium solar feed-in tariff terms
and conditions" substitute ", premium solar feed-
15 in tariff terms and conditions and TFiT scheme
terms and conditions".
(2) In section 40H(3) of the Electricity Industry Act
2000--
(a) in paragraph (b), for "effect." substitute
20 "effect;";
(b) after paragraph (b) insert--
"(c) that are superseded by declared TFiT
scheme terms and conditions are not to
be deemed to have taken effect.".
25 (3) In section 40H(4) of the Electricity Industry Act
2000--
(a) in the definition of declared premium solar
feed-in terms and conditions, for "section."
substitute "section;";
30 (b) insert the following definition--
"declared TFiT scheme terms and
conditions means the terms and
conditions declared under section
571179B.I-11/10/2011 13 BILL LA INTRODUCTION 11/10/2011
Electricity Industry Amendment (Transitional Feed-in Tariff Scheme) Bill
2011
Part 2--Amendment of Electricity Industry Act 2000
s. 13
40MAB(2)(a) to apply to the purchases
of TFiT scheme electricity by the
relevant licensee or small retail licensee
named in the declaration under that
5 section.".
13 Reference of small renewable energy generation
electricity feed-in offers to Commission
(1) In section 40I(1)(a) of the Electricity Industry
Act 2000, for "or premium solar feed-in tariff
10 terms and conditions" substitute ", premium solar
feed-in tariff terms and conditions or TFiT scheme
terms and conditions".
(2) In section 40I(1)(b)(ii) of the Electricity Industry
Act 2000, for "licensee." substitute "licensee;".
15 (3) After section 40I(1)(b)(ii) of the Electricity
Industry Act 2000 insert--
"(iii) in the case of a relevant licensee that has not
complied with section 40FF(1) or a small
retail licensee that has not complied with
20 section 40FG(3), TFiT scheme terms and
conditions to apply to TFiT scheme
electricity purchased from a TFiT scheme
customer by that relevant licensee or small
retail licensee.".
25 (4) In section 40I(2) of the Electricity Industry Act
2000, for "or premium solar feed-in tariff terms
and conditions" substitute ", premium solar feed-
in tariff terms and conditions or TFiT scheme
terms and conditions".
571179B.I-11/10/2011 14 BILL LA INTRODUCTION 11/10/2011
Electricity Industry Amendment (Transitional Feed-in Tariff Scheme) Bill
2011
Part 2--Amendment of Electricity Industry Act 2000
s. 14
14 Commission assessment of small renewable energy
generation feed-in terms or conditions
(1) In section 40J(2) of the Electricity Industry Act
2000--
5 (a) after "conditions" (where secondly
occurring) insert "or TFiT scheme terms and
conditions";
(b) in paragraph (a), after "conditions" insert
"or statutory minimum TFiT scheme
10 conditions";
(c) for paragraph (b) substitute--
"(b) recommend--
(i) any amount or price for qualifying
solar energy generation electricity
15 supplied by a qualifying customer
to a relevant licensee or a small
retail licensee that differs from the
premium solar feed-in credit; or
(ii) any amount or price for TFiT
20 scheme electricity supplied by a
TFiT scheme customer to a
relevant licensee or a small retail
licensee that differs from the TFiT
scheme feed-in credit.".
25 (2) In section 40J(2A)(b) of the Electricity Industry
Act 2000, after "conditions" (where secondly
occurring) insert "or TFiT scheme terms and
conditions".
571179B.I-11/10/2011 15 BILL LA INTRODUCTION 11/10/2011
Electricity Industry Amendment (Transitional Feed-in Tariff Scheme) Bill
2011
Part 2--Amendment of Electricity Industry Act 2000
s. 15
(3) After section 40J(3A) of the Electricity Industry
Act 2000 insert--
"(3B) ESC recommended TFiT scheme terms and
conditions must include--
5 (a) terms and conditions that are consistent
with the statutory minimum TFiT
scheme conditions; and
(b) either or both of the following--
(i) a variation to any other term or
10 condition that the Commission has
(as part of the assessment)
assessed as not being fair and
reasonable to make that term or
condition fair and reasonable;
15 (ii) a new term or condition to apply
in substitution of a term or
condition that the Commission has
(as part of the assessment)
assessed as not being fair and
20 reasonable.".
(4) In section 40J(4) of the Electricity Industry Act
2000, for "and ESC recommended premium solar
feed-in terms and conditions" substitute ", ESC
recommended premium solar feed-in terms and
25 conditions and ESC recommended TFiT scheme
terms and conditions".
15 Commission determination of small renewable
energy generation prices, terms and conditions
(1) In section 40L(1)(b) of the Electricity Industry
30 Act 2000 for "40I(1)(b)(ii)." substitute
"40I(1)(b)(ii);".
(2) After section 40L(1)(b) of the Electricity
Industry Act 2000 insert--
"(c) the terms and conditions on the Minister's
35 request under section 40I(1)(b)(iii).".
571179B.I-11/10/2011 16 BILL LA INTRODUCTION 11/10/2011
Electricity Industry Amendment (Transitional Feed-in Tariff Scheme) Bill
2011
Part 2--Amendment of Electricity Industry Act 2000
s. 16
(3) After section 40L(2B) of the Electricity Industry
Act 2000 insert--
"(2C) Terms and conditions determined under
subsection (1)(c)--
5 (a) must include terms and conditions that
are consistent with the statutory
minimum TFiT scheme conditions; and
(b) in the case of terms and conditions that
are not the statutory minimum TFiT
10 scheme conditions, must be fair and
reasonable.".
16 New section 40MAB inserted
After section 40MA of the Electricity Industry
Act 2000 insert--
15 "40MAB Declaration of TFiT scheme terms and
conditions
(1) This section applies if the Minister receives a
report from the Commission under--
(a) section 40J containing ESC
20 recommended TFiT scheme terms and
conditions; or
(b) section 40L containing ESC determined
TFiT scheme terms and conditions.
(2) The Minister, by notice published in the
25 Government Gazette, may declare that--
(a) ESC recommended TFiT scheme terms
and conditions apply to the purchase of
TFiT scheme electricity by the relevant
licensee or small retail licensee named
30 in the declaration whose terms and
conditions were assessed by the
Commission as not being fair and
reasonable;
571179B.I-11/10/2011 17 BILL LA INTRODUCTION 11/10/2011
Electricity Industry Amendment (Transitional Feed-in Tariff Scheme) Bill
2011
Part 2--Amendment of Electricity Industry Act 2000
s. 17
(b) ESC determined TFiT scheme terms
and conditions apply to the purchase of
TFiT scheme electricity by the non-
complying licensee named in the
5 declaration.".
17 When do declared ESC recommended feed-in terms
or conditions take effect?
(1) In section 40MB(1)(b)(i) of the Electricity
Industry Act 2000, for "or 40MA(2)(a)"
10 substitute ", 40MA(2)(a) or 40MAB(2)(a)".
(2) In section 40MB(2) of the Electricity Industry
Act 2000, in the definition of declared ESC
recommended feed-in terms and conditions--
(a) in paragraph (b), for "electricity." substitute
15 "electricity;";
(b) after paragraph (b) insert--
"(c) the terms and conditions that have been
declared under section 40MAB(2)(a) to
apply to the purchase of TFiT scheme
20 electricity.".
18 When do declared ESC determined feed-in terms or
conditions take effect?
(1) In section 40MC(1)(a) of the Electricity Industry
Act 2000, for "or 40MA(2)(b)" substitute
25 ", 40MA(2)(b) or 40MAB(2)(b)".
(2) In section 40MC(2) of the Electricity Industry
Act 2000, in the definition of declared ESC
determined feed-in terms and conditions--
(a) in paragraph (b), for "electricity." substitute
30 "electricity;";
571179B.I-11/10/2011 18 BILL LA INTRODUCTION 11/10/2011
Electricity Industry Amendment (Transitional Feed-in Tariff Scheme) Bill
2011
Part 2--Amendment of Electricity Industry Act 2000
s. 19
(b) after paragraph (b) insert--
"(c) the terms and conditions that have been
declared under section 40MAB(2)(b) to
apply to the purchase of TFiT scheme
5 electricity.".
19 Licence condition applying to relevant licensee
named in Ministerial declaration
In section 40MD of the Electricity Industry Act
2000--
10 (a) in paragraph (b), for "purchases." substitute
"purchases;";
(b) after paragraph (b) insert--
"(c) a declaration under section 40MAB(2)
is deemed to include a condition
15 requiring that licensee to offer to
purchase TFiT scheme electricity from
a TFiT scheme customer on the terms
and conditions declared under that
declaration to apply to those
20 purchases.".
20 Licence condition applying to small retail licensee
named in Ministerial declaration
At the end of section 40ME of the Electricity
Industry Act 2000 insert--
25 "(2) A licence to sell electricity held by a small
retail licensee named in a declaration under
section 40MAB(2) is deemed to include a
condition requiring that licensee to offer to
purchase TFiT scheme electricity from a
30 TFiT scheme customer on the terms and
conditions declared under that declaration to
apply to those purchases.".
571179B.I-11/10/2011 19 BILL LA INTRODUCTION 11/10/2011
Electricity Industry Amendment (Transitional Feed-in Tariff Scheme) Bill
2011
Part 2--Amendment of Electricity Industry Act 2000
s. 21
21 New section 40NB substituted and new section 40NC
inserted
For section 40NB of the Electricity Industry Act
2000 substitute--
5 "40NB Retailer Internet site must be up to date
for transitional feed-in tariff offers
(1) A relevant licensee that publishes TFiT
scheme terms and conditions in accordance
with the condition set out in section 40FF(1)
10 or a small retail licensee that publishes TFiT
scheme terms and conditions in accordance
with the condition set out in section 40FG(3)
must--
(a) if those terms and conditions become
15 referred terms and conditions, publish
on its Internet site a note informing the
public of that referral and that explains
the effect of that referral; and
(b) if those terms and conditions are
20 superseded by terms and conditions
declared under section 40MAB(2)(a) as
applying to purchases of TFiT scheme
electricity by the licensee, publish on
its Internet site--
25 (i) a note to that effect; and
(ii) the terms and conditions that
apply; and
(iii) the day on which the terms and
conditions that apply take effect.
30 (2) A relevant licensee or small retail licensee
that is a non-complying licensee must
publish on its Internet site--
571179B.I-11/10/2011 20 BILL LA INTRODUCTION 11/10/2011
Electricity Industry Amendment (Transitional Feed-in Tariff Scheme) Bill
2011
Part 2--Amendment of Electricity Industry Act 2000
s. 21
(a) the terms and conditions that have been
declared under section 40MAB(2)(b) as
applying to purchases of TFiT scheme
electricity by the licensee; and
5 (b) the day on which the terms and
conditions that apply take effect.
40NC Retailer reporting in relation to general
feed-in tariff scheme
(1) Without limiting the generality of section
10 20(2) or (3) or section 21, but subject to this
Division, the conditions to which a licence to
sell electricity held by a relevant licensee is
subject include a condition requiring the
licensee to within one month after every
15 calendar month on and after the
commencement of section 21 of the
Electricity Industry Amendment
(Transitional Feed-in Tariff Scheme) Act
2011, give to the Minister a report that
20 specifies--
(a) the number of small renewable energy
generation facilities from which
electricity was generated and sold to the
licensee in the previous calendar
25 month; and
(b) the aggregate installed or name-plate
generating capacity of small renewable
energy generation facilities from which
electricity was generated and sold to the
30 licensee in the previous calendar
month; and
(c) the total amount of electricity generated
by means of small renewable energy
generation facilities and purchased by
35 the licensee in the previous calendar
month.
571179B.I-11/10/2011 21 BILL LA INTRODUCTION 11/10/2011
Electricity Industry Amendment (Transitional Feed-in Tariff Scheme) Bill
2011
Part 2--Amendment of Electricity Industry Act 2000
s. 22
(2) The Minister must include the information
given to the Minister in respect of a year
under subsection (1) in the report of
operations of the Department of Primary
5 Industries for that year under Part 7 of the
Financial Management Act 1994.".
22 Statute law revision
In section 40FC(1)(a) of the Electricity Industry
Act 2000, for "day and" substitute "day; and".
__________________
571179B.I-11/10/2011 22 BILL LA INTRODUCTION 11/10/2011
Electricity Industry Amendment (Transitional Feed-in Tariff Scheme) Bill
2011
Part 3--Amendment of National Electricity (Victoria) Act 2005
s. 23
PART 3--AMENDMENT OF NATIONAL ELECTRICITY
(VICTORIA) ACT 2005
23 Transitional feed-in tariff scheme obligation is a
regulatory obligation or requirement
5 In section 16A(2) of the National Electricity See:
Act No.
(Victoria) Act 2005-- 8/2005.
Reprint No. 1
(a) in the definition of distribution obligation as at
20 May 2010
period, for "distribution" substitute and
"distributor"; amending
Act Nos
10 (b) for paragraph (b) of the definition of relevant 55/2010 and
74/2010.
solar feed-in tariff period substitute-- LawToday:
www.
"(b) ending on-- legislation.
vic.gov.au
(i) in the case of the solar feed-in
credit obligation, the day the
15 distributor obligation period that
applies to that operator ends;
(ii) in the case of the TFiT feed-in
credit obligation, the day the TFiT
distributor obligation period that
20 applies to that operator ends;";
(c) in the definition of solar feed-in credit
obligation, for "2000." substitute "2000;";
(d) insert the following definitions--
"distributor TFiT obligation period has the
25 same meaning as in section 40F(1) of
the Electricity Industry Act 2000;
TFiT feed-in credit obligation means an
obligation on a regulated distribution
system operator that is a distribution
30 company arising because of section
40FH(2A) of the Electricity Industry
Act 2000.".
571179B.I-11/10/2011 23 BILL LA INTRODUCTION 11/10/2011
Electricity Industry Amendment (Transitional Feed-in Tariff Scheme) Bill
2011
Part 3--Amendment of National Electricity (Victoria) Act 2005
s. 24
24 New section 16AB inserted
After section 16A of the National Electricity
(Victoria) Act 2005 insert--
'16AB Modification of National Electricity Rules
5 for the purpose of transitional feed-in
tariff scheme
Despite section 6, the National Electricity
Rules have the force of law in Victoria as if
after rule 6.18.7A(e)(1)(iv) of the Rules there
10 were inserted--
"(v) Electricity Industry Amendment
(Transitional Feed-in Tariff Scheme)
Act 2011 (Vic);".'.
__________________
571179B.I-11/10/2011 24 BILL LA INTRODUCTION 11/10/2011
Electricity Industry Amendment (Transitional Feed-in Tariff Scheme) Bill
2011
Part 4--Repeal of Amending Act
s. 25
PART 4--REPEAL OF AMENDING ACT
25 Repeal of amending Act
This Act is repealed on the 1 October 2013.
571179B.I-11/10/2011 25 BILL LA INTRODUCTION 11/10/2011
Electricity Industry Amendment (Transitional Feed-in Tariff Scheme) Bill
2011
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571179B.I-11/10/2011 26 BILL LA INTRODUCTION 11/10/2011
[Index] [Search] [Download] [Related Items] [Help]